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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SCHEDULE 2
SCHEDULE 2 – Dictionary
"abandonment termination notice" see section 355 (1) .
"affordable housing scheme" means NRAS or a scheme under which the
Commonwealth, the State, a local government or a non-profit corporation
provides accommodation assistance, other than—
(a) as approved supported
accommodation; or
(b) under a subletting mentioned in section 38 .
"agent" — (a) of a lessor, means a person employed, or otherwise authorised,
by the lessor to act as the lessor’s agent; or
(b) of a provider, means a
person employed, or otherwise authorised, by the provider to act as the
provider’s agent.
"agreement" see section 19 .
"allowed remedy period" means the period stated in a notice to remedy breach
as the period within which a party to an agreement is required to remedy the
breach of the agreement stated in the notice.
"antisocial behaviour" , for chapter 13A , see section 527A .
"approved form" see section 519 .
"approved supported accommodation" means accommodation provided under an
agreement between the Commonwealth and the State under— (a) the program
known as the ‘Crisis Accommodation Program’, or, if the program is
continued under another name, the program as continued under the other name;
or
(b) the program known as the ‘Supported Accommodation Assistance
Program’, or, if the program is continued under another name, the program as
continued under the other name.
"approved way" ...
"arrangement" includes a promise, scheme, transaction (with or without
consideration), understanding and undertaking (whether expressed or implied).
"authorised person" means a person who is appointed under this Act as an
authorised person.
"authority" means the Residential Tenancies Authority.
"base period" see section 47 (1) .
"board" means the authority’s board of directors.
"body corporate by-law" means a by-law under the
Body Corporate and Community Management Act 1997 or the
Building Units and Group Titles Act 1980 .
"bond loan contributor" see section 114 .
"caravan" see section 7 .
"chairperson" means the chairperson of the board.
"change of use" , for a notice to leave, see section 290E (2) .
"chief executive officer" means the authority’s chief executive officer.
"common areas" , for a resident of rental premises, means the parts of the
rental premises other than the resident’s room that the resident may use
under the rooming accommodation agreement.
"community housing provider" , for a tenancy, see section 527B .
"community housing provider tenancy agreement" see section 527A .
"community housing service" , for chapter 13A , see section 527A .
"compulsory acquisition" — (a) for a notice to leave, see section 284 (4) ;
or
(b) for a notice of intention to leave, see section 305 (4) .
"compulsory park closure" , for a notice to leave, see section 287 (5) .
"conciliation agreement" means an agreement mentioned in section 408 .
"conciliation process" see section 398 .
"conciliator" means a person appointed as a conciliator under section 400 .
"condition of premises" , for a notice of intention to leave, see section 307A
(4) .
"condition report" — (a) for residential premises and inclusions, means a
report describing the physical condition of the premises and inclusions; or
(b) for a room in rental premises and the facilities in the room, means a
report describing the physical condition of the room and facilities.
"contributor" , for a rental bond, see section 113 .
"coresident" means 1 of 2 or more residents who occupy the same room or rooms
in the rental premises under the same rooming accommodation agreement.
"damage" , for an application for a termination order, see sections 296 (3) ,
311 (2) and 312 (2) .
"database operator" , for chapter 9 , see section 457 .
"death of cotenant" , for a notice of intention to leave, see section 307B (2)
.
"demolition or redevelopment" , for a notice to leave, see section 290C (2) .
"director" means a director of the board, and includes the chairperson.
"dispute" , for chapter 6 , part 1 , means a tenancy dispute or a
rooming accommodation dispute.
"dispute resolution request" see section 402 .
"domestic violence" has the meaning given by the
Domestic and Family Violence Protection Act 2012 .
"domestic violence issues" see sections 245 (4) and 344 (2) .
"domestic violence order" has the meaning given by the
Domestic and Family Violence Protection Act 2012 .
"education department" means the department in which the
Education (General Provisions) Act 2006 is administered.
"emergency repairs" see section 214 .
"employee of the employing office" see section 497 (2) .
"employing office" means the Residential Tenancies Employing Office
established under section 491 .
"ending of accommodation assistance" , for a notice to leave, see section 289
(3) .
"ending of entitlement to student accommodation" — (a) for a notice to
leave—see section 290F (3) ; or
(b) for a notice of intention to
leave—see section 307C (3) .
"ending of entitlement under employment" , for a notice to leave, see
section 288 (2) .
"ending of housing assistance" , for a notice to leave, see section 290 (3) .
"end of fixed term agreement" , for a notice to leave, see section 291 (4) .
"end of short tenancy (moveable dwelling)" — (a) for a notice to leave, see
section 292 (4) ; or
(b) for a notice of intention to leave, see section 307E
(4) .
"enforcement warrant" means an enforcement warrant under the
Civil Proceedings Act 2011 .
"entry notice" see section 193 (1) (a) .
"excessive hardship" , for an application for a termination order, see
sections 295 (2) , 310 (2) , 377 and 383 .
"executive officer" , of a corporation, means— (a) if the corporation is the
Commonwealth or a State—a chief executive of a department or a person who is
concerned with, or takes part in, the management of a department, whatever the
person’s position is called; or
(b) if the corporation is a local
government— (i) the local government’s chief executive officer; or
(ii) a
person who is concerned with, or takes part in, the local government’s
management, whatever the person’s position is called; or
(c) if paragraphs
(a) and (b) do not apply—a person who is concerned with, or takes part in,
the corporation’s management, whether or not the person is a director or the
person’s position is given the name of executive officer.
"executive officer" , of the employing office, means the executive officer
appointed under section 494 .
"exempt lessor" see section 82A .
"exempt provider" see section 97A .
"existing database" , for chapter 14 , part 4 , see section 558 .
"existing listing" , for chapter 14 , part 4 , see section 558 .
"existing State tenancy agreement" , for chapter 13A , see section 527A .
"existing State tenancy agreement" see section 527C .
"extended period" see section 48 (1) .
"facilities" , for rooming accommodation, includes furniture and equipment.
"failure to comply with repair order" , for a notice of intention to leave,
see section 307D (2) .
"failure to enter into acceptable behaviour agreement" , for an application
for a termination order, see section 527E .
"failure to leave" , for an application for a termination order, see
section 293 (3) .
"failure to leave as intended" , for an application for a termination order,
see section 294 (3) .
"final nuisance direction" see the Police Powers and Responsibilities Act 2000
.
"fixed term agreement" — (a) for a residential tenancy, means a
residential tenancy agreement for a residential tenancy for a fixed term; or
(b) for rooming accommodation, means a rooming accommodation agreement under
which accommodation is provided to a resident for a fixed term.
"food service" means a service of regularly providing meals to a resident.
"former" , for chapter 14 , part 4 , see section 558 .
"general service charge" , for premises that are not moveable dwelling
premises in a moveable dwelling park, means a service charge that is not a
water service charge.
"goods" include animals, plants, money, documents and anything else of value.
"government entity" see the Public Sector Act 2022 , section 276 .
"guest" , of a resident, means a person who enters the resident’s room or
common areas with the resident’s consent.
"handover day" , for premises, means the day stated in a notice to leave, or
notice of intention to leave, as the day vacant possession of the premises is
required to be, or will be, handed over to the lessor. Note— See
sections 326 (3) and 327 (2) for limitations on handover days.
"holding deposit" , for premises, means an amount paid as consideration for an
option to enter into an agreement for the premises.
"home owner" see the Manufactured Homes (Residential Parks) Act 2003 ,
section 8 .
"house rules" , for rental premises, means the rules in force for the premises
under chapter 4 , part 3 .
"housing department" means the department in which the Housing Act 2003 is
administered.
"inaccurate" , for chapter 9 , see section 457 .
"inclusions" , for premises, means everything supplied with the premises for
the tenant’s use (whether or not the things are supplied under an
agreement).
"incompatibility" , for an application for a termination order, see
sections 298 (3) and 314 (3) .
"individually metered" , for premises, means there is, for the premises, a
meter that— (a) has been installed or approved by a supply authority; and
(b) measures, for the premises only, the quantity of something supplied to, or
used at, the premises under a service or facility made available by the
authority.
"industrial instrument" see the Industrial Relations Act 2016 , schedule 5 .
"initial nuisance direction" see the
Police Powers and Responsibilities Act 2000 .
"injury" , for an application for a termination order, see sections 296 (4) ,
311 (3) and 312 (3) .
"intention to sell" , for a notice of intention to leave, see section 307 (4)
.
"interested person" , for a payment mentioned in any of the following
provisions, means a person stated in the provision to be an interested person
for the payment— (a) section 128 (3) ;
(b) section 129 (3) ;
(c)
section 132 (5) ;
(d) section 133 (3) ;
(e) section 134 (3) ;
(f)
section 135 (2) or (3) ;
(g) section 135C (3) ;
(h) section 135D (3) .
Note— See also section 143 .
"key" , of a lock, means a device or information normally used to operate the
lock.
"key deposit" see section 156 .
"lessor" see— (a) generally†” sections 8 and 20 ; and
(b) for chapter 9
†” section 457A .
"list" , for chapter 9 , see section 457 .
"lock" means a device for securing a door, gate, window or another part of
premises.
"long tenancy (moveable dwelling)" see section 51 .
"lost property" , for chapter 5 , part 2 , division 6 , see section 390 .
"manufactured home" see the Manufactured Homes (Residential Parks) Act 2003 ,
section 10 .
"maximum rental bond" — (a) for a residential tenancy agreement, see
section 112 (1) ; or
(b) for a rooming accommodation agreement, see
section 112 (2) .
"misrepresentation" , for an application for a termination order— (a) for a
residential tenancy agreement—see section 312A (2) ; or
(b) for a
rooming accommodation agreement—see section 381J (2) .
"mortgagee" , for a mortgage, includes any person from time to time deriving
title to the mortgage under a previous mortgagee.
"moveable dwelling" means a caravan or manufactured home.
"moveable dwelling park" means a place where moveable dwellings are situated
for occupation on payment of consideration.
"moveable dwelling premises" means premises consisting of— (a) for a
moveable dwelling that is a caravan—the dwelling or its site, or both the
dwelling and site; or
(b) for a moveable dwelling that is a manufactured home
in, or intended to be situated in, a moveable dwelling park—the dwelling or
its site, or both the dwelling and site.
"new" , for chapter 14 , part 4 , see section 558 .
"nominated repairer" see section 216 (1) .
"noncompliance (moveable dwelling relocation)" , for a notice to leave, see
section 283 (3) .
"noncompliance (tribunal order)" — (a) for a notice to leave, see
section 282 (2) ; or
(b) for a notice of intention to leave, see section 304
(2) .
"non-livability" — (a) for a notice to leave, see sections 284 (3) and 285
(5) ; or
(b) for a notice of intention to leave, see sections 305 (3) and 306
(5) .
"non-profit corporation" means a corporation formed for a purpose other than
the purpose of making a profit.
"non-resolution notice" , for park rules for a moveable dwelling park, see
section 231 (6) .
"notice ending residency interest" see section 381B (3) .
"notice ending tenancy interest" see section 308B (3) .
"notice of intention to leave" means a notice given by the tenant to the
lessor indicating the tenant’s intention to hand over vacant possession of
the premises to the lessor on the handover day.
"notice to leave" means a notice given by the lessor to the tenant requiring
the tenant to hand over vacant possession of the premises to the lessor on the
handover day.
"notice to relocate" see section 223 (1) .
"notice to remedy breach" means a notice given by a party to an agreement to
the other party requiring the other party to remedy a breach of the agreement
stated in the notice.
"NRAS" means the National Rental Affordability Scheme or a similar scheme by
whatever name called.
"nuisance direction" means an initial or final nuisance direction.
"objectionable behaviour" , for an application for a termination order, see
sections 297 (2) and 313 (2) .
"objection closing day" , for park rules for a moveable dwelling park, see
section 229 (1) (a) .
"objector" , for park rules for a moveable dwelling park, see section 231 (2)
.
"obstruct" includes hinder, resist and attempt to obstruct.
"occupant" , of premises, means a person who resides at the premises.
"officer" , of the authority, means any of the following— (a) the chief
executive officer;
(b) an employee of the employing office or of another
government entity performing work for the authority under a work performance
arrangement;
(c) an employee of the authority, whether or not there is a
written contract of employment between the authority and the employee;
(d) an
individual performing services for the authority— (i) under a contract,
other than a contract of employment, between the individual and the authority;
or
(ii) under an arrangement, other than a work performance arrangement,
between the authority and a person other than the individual.
"option period" , for chapter 2 , part 4 , division 2 , see section 159 (3) .
"out of date" , for chapter 9 , see section 457 .
"owner occupation" , for a notice to leave, see section 290G (2) .
"park liaison committee" , for a moveable dwelling park, see section 231 (2) .
"park rules" means rules made by the owner of a moveable dwelling park about
the use, enjoyment, control and management of the park.
"party" , to a dispute, for chapter 6 , part 1 , means— (a) for a tenancy
dispute—the lessor or tenant; or
(b) for a rooming accommodation
dispute—the provider or resident.
"periodic agreement" — (a) for a residential tenancy—means a
residential tenancy agreement that is not a fixed term agreement; or
(b) for
rooming accommodation—means a rooming accommodation agreement that is not a
fixed term agreement.
"personal care service" means a service of regularly providing a resident
with— (a) help in— (i) bathing, toileting or another activity related to
personal hygiene; or
(ii) dressing or undressing; or
(iii) consuming a meal;
or
(iv) meeting a mobility problem of the resident; or
(v) taking
medication; or
(b) help in managing the resident’s financial affairs.
"personal document" , of a person, means a document it would be reasonable to
expect the person would want to keep. Examples— passport, birth
certificate, marriage certificate, photograph
"personal information" see section 457 .
"pet" — (a) for a residential tenancy agreement—see section 184A ; or
(b)
for a rooming accommodation agreement—see section 256A .
"premises" see sections 9 and 22 .
"prescribed minimum housing standards" see section 17A (1) .
"prescribed rules" see section 267 .
"proposal" , for park rules for a moveable dwelling park, see section 229 (1)
(a) .
"proposed commencement day" , for a rule change, see section 270 (1) (b) .
"protection order" means an order under the
Domestic and Family Violence Protection Act 2012 , section 37 .
"provider" see sections 17 and 21 .
"public housing" , for chapter 13A , see section 527A .
"registered higher education provider" see the
Tertiary Education Quality and Standards Agency Act 2011 (Cwlth) , section 5 .
"registrar" means the principal registrar under the QCAT Act .
"registry" means the registry under the QCAT Act .
"relative" of a person— (a) means the person’s spouse, child, grandchild,
great-grandchild, parent, grandparent, great-grandparent, brother, sister,
uncle, aunt, cousin, niece, nephew, parent-in-law, daughter-in-law,
son-in-law, sister-in-law or brother-in-law; and
(b) for an Aboriginal
person—includes a person who, under Aboriginal tradition, is regarded as a
relative of the Aboriginal person; and
(c) for a Torres Strait Islander
person—includes a person who, under Island custom, is regarded as a relative
of the Torres Strait Islander person.
"reletting costs" — (a) for a residential tenancy agreement—see
section 357A (3) ; or
(b) for a rooming accommodation agreement—see
section 396A (3) .
"rent" means— (a) an amount payable by a tenant under a
residential tenancy agreement for the right to occupy residential premises as
a residence; or
(b) an amount payable by a resident under a
rooming accommodation agreement for the provision of accommodation and any
other service provided under the agreement.
"rental bond" see section 111 .
"rental bond account" means the account by that name kept under section 150 .
"rental bond instalments" — (a) for a residential tenancy agreement, see
section 117 (1) (c) ; or
(b) for a rooming accommodation agreement, see
section 118 (1) .
"rental bond interest account" ...
"rental bond notice" means a notice about a rental bond given to the authority
under section 116 .
"rental bond supplier" ...
"rental premises" means the premises in which rooming accommodation is
provided.
"rental purchase plan agreement" means an agreement entered into between the
State and someone else (the
"buyer" ) about residential premises— (a) under which the buyer agrees to
buy, or after the buyer has bought, a part interest (a
"share" ) in the premises; and
(b) under which the State gives the buyer the
right to occupy the premises; and
(c) under which the buyer is required to
make payments to the State and— (i) if the buyer is buying a share—the
payments are divided by the State between the amount owing for the purchase of
the share and rent for the right to occupy the premises; or
(ii) if the buyer
has bought a share and is not buying a further share—the payments are
payments of rent for the right to occupy the premises.
"renting agent" , for a lessor, means the agent to whom the tenant normally
pays the rent.
"rent payment record" — (a) for a residential tenancy agreement, see
section 88 (5) (a) ; or
(b) for a rooming accommodation agreement, see
section 102 (5) (a) .
"repair order" see section 221 (1) .
"repeated breaches" , for an application for a termination order, see
sections 299 (3) , 315 (3) , 376 (3) and 382 (3) .
"replacement lessor" ...
"replacement lessor" see section 527A .
"replacement terms" , for chapter 13A , see section 527C .
"representative" , of a person, means— (a) if the person is a
corporation—an executive officer, employee or agent of the corporation; or
(b) if the person is an individual—an employee or agent of the individual.
"representative entity" means an entity that has the purpose of providing
advice or support to tenants.
"resident" , in rooming accommodation, see sections 14 and 21 .
"resident" , of a moveable dwelling park, means a person occupying moveable
dwelling premises in the park as the tenant under an agreement.
"residential premises" see section 10 .
"residential tenancy" see section 11 .
"residential tenancy agreement" see section 12 .
"resident’s room" , for a resident of rental premises, means a room in the
premises that the resident occupies as his or her residence under the
rooming accommodation agreement.
"retirement village" has the meaning given by the Retirement Villages Act 1999
.
"rooming accommodation" see section 15 .
"rooming accommodation agreement" see section 16 .
"rooming accommodation dispute" see section 397 (2) .
"routine repairs" see section 215 .
"rule change" , in relation to the house rules for rental premises, see
section 269 .
"rules of entry" — (a) for a residential tenancy agreement, see section 200
; or
(b) for a rooming accommodation agreement, see section 263 .
"sale contract" , for a notice to leave, see section 286 (2) .
"school" means— (a) a State school within the meaning of the
Education (General Provisions) Act 2006 ; or
(b) an accredited school under
the Education (Accreditation of Non-State Schools) Act 2017 .
"secondary agent" , for a lessor, means an agent of the lessor who is not the
renting agent.
"self-contained unit" means a part of a building, forming a self-contained
residence, that is under the exclusive possession of the occupier and includes
kitchen, bathroom and toilet facilities.
"selling agent" means— (a) for a lessor—the agent appointed to sell the
lessor’s premises; or
(b) for a provider—the agent appointed to sell the
provider’s premises.
"serious breach" , for an application for a termination order, see
section 297B (2) .
"serious breach at public or community housing" , for a notice to leave, see
section 290A (3) .
"serious or persistent breach of acceptable behaviour agreement" , for an
application for a termination order, see section 527E .
"service charge" see section 164 .
"share" , of a rental bond, see section 115 .
"short tenancy (extension) statement" see section 48 (1) .
"short tenancy (moveable dwelling)" see section 50 .
"short tenancy statement" see section 47 (1) .
"significant repair or renovations" , for a notice to leave, see section 290D
(2) .
"site" , of a moveable dwelling, means the site where the moveable dwelling
is, or is intended to be, situated.
"site agreement" see the Manufactured Homes (Residential Parks) Act 2003 ,
section 14 .
"social housing database" , for chapter 9 , see section 457 .
"social housing service" , for chapter 13A , see section 527A .
"special terms" — (a) of a residential tenancy agreement, see section 56 ;
or
(b) of a rooming accommodation agreement, see section 74 .
"standard terms" — (a) of a residential tenancy agreement, see section 55
(2) ; or
(b) of a rooming accommodation agreement, see section 73 (2) .
"State government program" , for a notice to leave, see section 290B (2) .
"state of mind" , of a person, includes— (a) the person’s knowledge,
intention, opinion, belief or purpose; and
(b) the person’s reasons for the
intention, opinion, belief or purpose.
"structural change" to premises or rental premises means any renovation,
alteration or addition to the premises or rental premises.
"tenancy database" , for chapter 9 , see section 457 .
"tenancy dispute" see section 397 (1) .
"tenant" see— (a) generally†” sections 13 and 20 ; and
(b) for chapter 9
†” section 457A .
"termination order" means an order of a tribunal terminating a
residential tenancy agreement or rooming accommodation agreement.
"tribunal" means QCAT.
"university" ...
"unremedied breach" — (a) for a notice to leave, see section 281 (2) ; or
(b) for a notice of intention to leave, see section 302 (2) .
"urgent application" see section 415 .
"voluntary park closure" , for a notice to leave, see section 287 (4) .
"water service charge" , for premises, means a service charge for water
supplied to the premises.
"without ground" , for a notice of intention to leave, see section 308 (2) .
"working dog" — (a) for a residential tenancy agreement—see section 184A ;
or
(b) for a rooming accommodation agreement—see section 256A .
"work performance arrangement" means an arrangement under which an employee of
a government entity performs work for another government entity.
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