Queensland Numbered Acts

HOUSING LEGISLATION (BUILDING BETTER FUTURES) AMENDMENT ACT 2017 - As at 10 November 2017 - Act 42 of 2017

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement

   PART 2 - AMENDMENT OF BUILDING ACT 1975

   3.      Act amended
   4.      Amendment of sch 2 (Dictionary)

   PART 3 - AMENDMENT OF HOUSING ACT 2003

   5.      Act amended
   6.      Amendment of s 156 (Definitions for div 7)
   7.      Insertion of new pt 10, div 8

   PART 4 - AMENDMENT OF MANUFACTURED HOMES (RESIDENTIAL PARKS) ACT 2003

   8.      Act amended
   9.      Amendment of s 4 (Objects of Act)
   10.     Amendment of s 6 (Definitions)
   11.     Omission of s 9 (What is a home owners information document)
   12.     Replacement of s 14A (What is a site agreement dispute)
   13.     Amendment of s 16 (Home owner’s responsibilities)
   14.     Amendment of s 17 (Park owner’s responsibilities)
   15.     Omission of pt 4 (Home owners information document)
   16.     Amendment of s 22 (Variation of special term)
   17.     Amendment of s 25A (Application to tribunal—plain language)
   18.     Amendment of s 25B (Prohibited terms of site agreements and prohibited park rules)
   19.     Replacement of s 29 (Park owner to give disclosure documents to prospective home owner)
   20.     Amendment of s 30 (Obtaining independent legal advice about site agreement)
   21.     Amendment of pt 6, div 2, hdg (Termination within 28 days after entering into site agreement)
   22.     Amendment of s 33 (Cooling-off period)
   23.     Amendment of s 34 (Automatic ending of sale agreement)
   24.     Amendment of s 35 (Compensation may be payable to home owner)
   25.     Replacement of s 44 (Assignment to be written)
   26.     Amendment of s 45 (Notice of proposed sale and assignment)
   27.     Insertion of new s 45A
   28.     Amendment of s 46 (Obtaining independent legal advice about assignment of seller’s interest)
   29.     Insertion of new ss 48A and 48B
   30.     Amendment of s 49 (Consent to assignment of seller’s interest)
   31.     Amendment of s 50 (Application to tribunal for order that park owner consent to assignment)
   32.     Insertion of new pt 7, divs 3 and 4
   33.     Replacement of s 69 (Notice of increase in site rent)
   34.     Amendment of s 70 (Home owner may apply to tribunal for order about site rent increase)
   35.     Insertion of new s 70A
   36.     Replacement of pt 11, div 3 (Other way of increasing site rent)
   37.     Amendment of s 72 (Site rent reduction on application to tribunal by home owner)
   38.     Amendment of s 73 (Utility cost in site rent)
   39.     Amendment of s 74 (Tribunal review of utility cost and reduction in site rent)
   40.     Amendment of s 81 (Consideration of objections by park liaison committee)
   41.     Amendment of s 82 (Application to tribunal about proposal)
   42.     Amendment of s 84 (When proposal takes effect)
   43.     Insertion of new s 86A
   44.     Amendment of s 87 (Emergency access to residential park)
   45.     Insertion of new s 87A
   46.     Amendment of s 89 (Notice board)
   47.     Amendment of s 90 (Maintenance of trees)
   48.     Amendment of s 98 (Alteration or addition to manufactured home)
   49.     Amendment of s 99A (Separate charge by park owner not to be more than cost of supply for use of utility)
   50.     Amendment of s 100 (Establishment of committee)
   51.     Amendment of s 102 (Committee’s function)
   52.     Amendment of s 103 (Park owner to respond to complaint or proposal)
   53.     Insertion of new pts 16 and 17
   54.     Omission of s 140 (Site agreement dispute)
   55.     Replacement of s 141 (Application to tribunal by group of home owners)
   55A.    Amendment of s 166 (Variation of site agreement on assignment to allow site rent to be increased in accordance with market review)
   56.     Insertion of new pt 21, div 4
   57.     Insertion of new sch 1
   58.     Amendment of schedule (Dictionary)

   PART 5 - AMENDMENT OF RESIDENTIAL SERVICES (ACCREDITATION) ACT 2002

   59.     Act amended
   60.     Amendment of s 4 (Meaning of residential service)
   61.     Amendment of s 5 (Meaning of resident)
   62.     Amendment of s 6A (Meaning of aged rental scheme and scheme operator)
   63.     Amendment of s 10 (Application for registration)
   64.     Amendment of s 12 (Registration certificate)
   65.     Replacement of s 19 (Who is an associate)
   66.     Amendment of s 35 (Requirement to be accredited at level 1)
   67.     Amendment of s 36 (Requirement to be accredited at level 2)
   68.     Amendment of s 38 (Requirement to be accredited at level 3)
   69.     Amendment of s 41 (Meaning of accreditation decision)
   70.     Amendment of s 50 (Renewal of accreditation)
   71.     Amendment of s 69 (Notice of other changes)
   72.     Amendment of s 70 (Death of sole service provider)
   73.     Amendment of s 71 (Dealings with registration or accreditation in first 30 days of the transitional registration period)
   74.     Amendment of s 75 (Requirement for plan)
   75.     Insertion of new s 81A
   76.     Amendment of s 179 (Register of residential services)
   77.     Insertion of new s 180A
   78.     Insertion of new pt 16
   79.     Amendment of sch 1 (Reviewable decisions for this Act)
   80.     Amendment of sch 2 (Dictionary)

   PART 6 - AMENDMENT OF RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008

   81.     Act amended
   82.     Insertion of new ch 1, pt 3, div 4
   83.     Amendment of s 185 (Lessor’s obligations generally)
   84.     Amendment of s 186 (Lessor’s obligations for facilities in moveable dwelling parks)
   85.     Amendment of s 187 (Lessor’s obligations for moveable dwelling site)
   86.     Amendment of s 247 (Provider’s obligations generally)

   PART 7 - AMENDMENT OF RETIREMENT VILLAGES ACT 1999

   87.     Act amended
   88.     Omission of s 13 (What is a public information document)
   89.     Amendment of s 18 (What is a capital replacement fund contribution)
   90.     Insertion of new ss 18A and 18B
   91.     Replacement of s 20 (What is a maintenance reserve fund contribution)
   92.     Amendment of s 27 (Application for registration of a retirement village scheme)
   93.     Amendment of s 28A (Deregistration of retirement village scheme)
   94.     Amendment of s 35 (Retirement village scheme register)
   95.     Omission of ss 36 and 37
   96.     Replacement of s 38 (Chief executive may apply for order appointing a manager of a retirement village)
   97.     Insertion of new s 38A
   98.     Amendment and renumbering of s 40 (Applying to cancel registration)
   99.     Insertion of new ss 40 to 40G
   100.    Replacement of s 41 (Cancelling registration)
   101.    Insertion of new pt 2, div 5
   102.    Amendment of s 44 (Person signing residence contract to be given copy)
   103.    Amendment of s 45 (Content of residence contract)
   104.    Amendment of s 53 (Termination by scheme operator)
   105.    Amendment of pt 3, div 5, hdg (Reselling resident’s right to reside)
   106.    Amendment of s 56 (Interpretation for div 5)
   107.    Replacement of ss 58 and 59
   108.    Omission of ss 61 and 62
   109.    Amendment of s 63 (When former resident’s exit entitlement payable)
   110.    Amendment of s 64 (Units not sold within 6 months)
   111.    Amendment of s 65 (Scheme operator to tell resident of all offers for accommodation unit)
   112.    Amendment of s 66 (Accepting offers at less than agreed resale value)
   113.    Amendment of s 67 (Updating agreed resale value)
   114.    Insertion of new s 67A
   115.    Amendment of s 68 (Costs of selling)
   116.    Replacement of s 69 (Limited ground for scheme operator to refuse to accept offer)
   117.    Insertion of new ss 70AB–70AD
   118.    Replacement of ss 74–83
   119.    Replacement of ss 84 and 85
   120.    Replacement of s 86 (False or misleading documents)
   121.    Insertion of new s 86A
   122.    Amendment of s 93 (Capital replacement fund budget)
   123.    Amendment of s 94 (Payments into capital replacement fund)
   124.    Amendment of s 98 (Amount of maintenance reserve fund)
   125.    Amendment of s 99 (Maintenance reserve fund budget)
   126.    Replacement of pt 5, div 7, hdg (Charges for general services)
   127.    Insertion of new s 102AA
   128.    Amendment of s 102A (General services charges budget)
   129.    Amendment of s 103 (Working out and paying charges for general services for residents)
   130.    Amendment of s 104 (Working out and paying charges for general services for former residents)
   131.    Amendment of s 105 (General services charges for unsold right to reside in accommodation units)
   132.    Replacement of ss 106 and 107
   133.    Amendment of s 107A (Considering more cost-effective alternative services)
   134.    Amendment of s 108 (New services to be approved by majority of residents)
   135.    Amendment of s 111 (Scheme operator must keep separate accounts for capital replacement fund and maintenance reserve fund)
   136.    Replacement of s 112 (Quarterly financial statements)
   137.    Amendment of s 113 (Annual financial statements)
   138.    Insertion of new pt 5, div 10
   139.    Amendment of s 129B (Residents committee may require scheme operator to attend meeting about budgets)
   140.    Insertion of new pt 8
   141.    Amendment of s 167 (Application for reference of dispute)
   142.    Replacement of s 170 (Resident may apply for order if given false or misleading documents)
   143.    Amendment of s 171 (Former resident may apply for order for payment of exit entitlement)
   144.    Insertion of new s 171A
   145.    Amendment of s 191 (Tribunal orders generally)
   146.    Insertion of new s 195
   147.    Amendment of s 221 (Evidentiary provisions)
   147A.   Insertion of new s 225
   148.    Insertion of new s 227AA (Approval of forms)
   149.    Amendment of s 228 (Regulation-making power)
   150.    Insertion of new pt 15, div 3
   151.    Amendment of schedule (Dictionary)