HOUSING IMPROVEMENT BILL 2013

South Australian Bills

This is a Bill, not an Act. For current law, see the Acts databases.

HOUSING IMPROVEMENT BILL 2013

South Australia

Housing Improvement Bill 2013

A BILL FOR

An Act to provide for measures to address housing that is unsafe or unsuitable for human habitation; to control the rent of unsafe or unsuitable housing; to amend the Residential Parks Act 2007 and the Residential Tenancies Act 1995; to repeal the Housing Improvement Act 1940; and for other purposes.

Contents

Part 1—Preliminary
1Short title
2Commencement
3Objects of Act
4Interpretation
5Prescribed minimum housing standards
6Application of Act

Part 2—Administration

Division 1—Minister
7Functions
8Delegation

Division 2—Authorised officers
9Appointment of authorised officers
10Identity cards
11Powers of authorised officers

Part 3—Orders, notices and other action to deal with unsafe or unsuitable housing conditions

Division 1—Housing assessment orders, housing improvement orders and housing demolition orders
12Housing assessment orders
13Housing improvement orders
14Housing demolition orders
15Registration of housing assessment order, housing improvement order or housing demolition order
16Action by Minister on non-compliance with housing assessment order, housing improvement order or housing demolition order
17Recovery of costs and expenses incurred by Minister
18Action, and recovery of costs and expenses, by registered mortgagee or encumbrancee or by tenant
19Owner of residential premises may seek reimbursement of costs and expenses from other owners
20Interaction of this Division with Real Property Act 1886

Division 2—Notice to vacate
21Notice to vacate

Division 3—Rent control notices
22Rent control notices
23Offence to charge more than maximum rent under rent control notice

Division 4—Special provisions relating to prescribed residential tenancy agreements
24Landlord must give notice of intention to carry out inspections or works under housing assessment or housing improvement order
25Landlord must keep and provide record of rent if rent control notice applies
26Termination of prescribed residential tenancy agreement by tenant
27Termination or variation of prescribed residential tenancy agreement by landlord

Division 5—Obligation to publicise orders and notices
28Orders and notices under this Part to be displayed on premises
29Orders and notices under this Part to be declared in advertisements for sale or lease of land and in lease agreement

Division 6—Appeals
30Appeals to Court

Part 4—General duty
31General duty

Part 5—Residential Tenancies Tribunal

Division 1—Definitions
32Definitions

Division 2—Role of Registrars and magistrates
33Registrars may exercise jurisdiction in certain cases
34Magistrates may exercise jurisdiction in certain cases

Division 3—Proceedings before Tribunal
35Constitution of Tribunal
36Duty to act expeditiously

Division 4—Jurisdiction of Tribunal
37Jurisdiction of Tribunal
38Application to Tribunal

Division 5—Conciliation
39Conciliators
40Conciliation by conciliator nominated by Commissioner
41Conciliation by Tribunal
42Duties of conciliators
43Procedure
44Restriction on evidence

Division 6—Intervention by Minister
45Intervention by Minister

Division 7—Evidentiary and procedural powers
46Tribunal's powers to gather evidence
47Procedural powers of Tribunal
48General powers of Tribunal to cure irregularities

Division 8—Judgments and orders
49General powers of Tribunal to resolve housing improvement tenancy disputes
50Special powers to make orders and give relief
51Conditional and alternative orders
52Enforcement of orders
53Application to vary or set aside order
54Costs

Division 9—Obligation to give reasons for decisions
55Reasons for decisions

Division 10—Reservation of questions of law and appeals
56Reservation of questions of law
57Appeals

Division 11—Representation in proceedings before Tribunal or at conciliation conference
58Representation in proceedings before Tribunal or at conciliation conference
59Remuneration of representative

Division 12—Miscellaneous
60Entry and inspection of property
61Contempt of Tribunal
62Punishment of contempt
63Fees
64Procedural rules

Part 6—Register
65Register

Part 7—Miscellaneous
66Contract to avoid Act
67Protection from liability
68Offences by bodies corporate
69Tribunal may exempt agreement or premises from provision of Act
70Service
71False or misleading information
72Continuing offences
73Commencement of proceedings for summary offences
74Orders in respect of contraventions
75Recovery from related bodies corporate
76Joint and several liability
77Evidentiary provisions
78Regulations

Part 1—Preliminary
1Amendment provisions

Division 7—Enforcement of orders for possession or notice to vacate
11Insertion of section 87A
87AEnforcement of notice to vacate

Part 4—Repeal of Housing Improvement Act 1940
24Repeal of Act

Part 5—Transitional provisions
25Interpretation
26Declarations by councils that houses unfit for habitation
27Notice of intention to declare house sub-standard
28Notice declaring house to be sub-standard
29Notice fixing maximum rental
30Notice fixing maximum rental for partial letting or subletting
31Notice fixing maximum rental for furniture

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Housing Improvement Act 2013.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Objects of Act

The objects of this Act are—

(a) to ensure that housing meets the prescribed minimum housing standards; and

(b) to regulate unsafe or unsuitable housing and the rent payable in respect of such housing; and

4—Interpretation

(1) In this Act, unless the contrary intention appears—

authorised officer means a person appointed to be an authorised officer under Part 2 Division 2;

Commissioner means the Commissioner for Consumer Affairs;

council has the same meaning as in the Local Government Act 1999;

Deputy Registrar means a Deputy Registrar of the Tribunal appointed under the Residential Tenancies Act 1995;

director of a body corporate includes a person occupying or acting in the position of director of the governing body of the body corporate and includes any person in accordance with whose directions or instructions the directors of the governing body are accustomed to act;

District Court means the Administrative and Disciplinary Division of the District Court;

Fund means the Residential Tenancies Fund under the Residential Tenancies Act 1995;

housing assessment order—see section 12;

housing demolition order—see section 14;

housing improvement order—see section 13;

housing improvement tenancy dispute means—

(a) a dispute between parties or former parties to a residential tenancy agreement about matters arising under this Act; or

(b) any matter that may be the subject of an application under this Act to the Tribunal;

land includes any legal estate or interest in, or right in respect of, land;

landlord means—

(a) the person who grants the right of occupancy under a residential tenancy agreement; or

(b) a successor in title to the tenanted premises whose title is subject to the tenant's interest,

and includes a prospective landlord and a former landlord;

lawyer means a person entitled to practise the profession of the law under the Legal Practitioners Act 1981;

notice to vacate—see section 21;

owner of land means—

(a) if the land is unalienated from the Crown—the Crown; or

(b) if the land is alienated from the Crown by grant in fee simple—the owner (at law or in equity) of the estate in fee simple; or

(d) if the land is held by a Minister or any other agency or instrumentality of the Crown in prescribed circumstances—the Minister or agency or instrumentality of the Crown; or

(e) if the land is under the care, control and management of a council in prescribed circumstances—the council,

and includes the executor of the will, or administrator of the estate, of any such person and any other person of a prescribed class included within the ambit of this definition by the regulations;

preliminary rent control notice—see section 22(2);

premises includes a part of premises;

prescribed minimum housing standards—see section 5;

prescribed residential tenancy agreement means a residential tenancy agreement other than—

(a) a residential park agreement within the meaning of the Residential Parks Act 2007; or

(b) a residential tenancy agreement within the meaning of the Residential Tenancies Act 1995 to which that Act applies; or

Presiding Member means the Presiding Member of the Tribunal appointed under the Residential Tenancies Act 1995;

Registrar means the Registrar of the Tribunal appointed under the Residential Tenancies Act 1995;

related body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth;

rent means an amount payable under a residential tenancy agreement for the right to occupy premises for a period of the tenancy;

rent control notice—see section 22(1);

residential premises means premises used, intended to be used, or reasonably capable of being used, as a place of residence and includes any yard, garden, outbuildings, appurtenances or area belonging to, or usually used in connection with, such premises, but does not include premises of a kind excluded from the ambit of this definition by the regulations;

residential tenancy agreement means an agreement under which a person grants another person, for valuable consideration, a right (which may, but need not, be an exclusive right) to occupy residential premises, but does not include a residential tenancy agreement of a kind excluded from the ambit of this definition by the regulations;

tenant means—

(a) the person who is granted a right of occupancy under a residential tenancy agreement; or

(b) the person to whom the right passes by assignment or operation of law,

and includes a prospective tenant and a former tenant;

Tribunal means the Residential Tenancies Tribunal, continued in existence under the Residential Tenancies Act 1995.

(2) For the purposes of this Act, a person is an associate of another if—

(a) they are partners; or

(b) 1 is a spouse, domestic partner, parent or child of another; or

(c) they are both trustees or beneficiaries of the same trust, or 1 is a trustee and the other is a beneficiary of the same trust; or

(d) 1 is a body corporate or other entity (whether inside or outside Australia) and the other is a director or member of the governing body of the body corporate or other entity; or

(e) 1 is a body corporate or other entity (whether inside or outside Australia) and the other is a person who has a legal or equitable interest in 5% or more of the share capital of the body corporate or other entity; or

(f) they are related bodies corporate; or

(g) a relationship of a prescribed kind exists between them; or

(h) a chain of relationships can be traced between them under any 1 or more of the above paragraphs.

(3) For the purposes of subsection (2), a beneficiary of a trust includes an object of a discretionary trust.

5—Prescribed minimum housing standards

(1) The Governor may make regulations establishing the standards that must be met for residential premises to be considered safe and suitable for human habitation (the prescribed minimum housing standards).

(2) Without limiting the generality of subsection (1), regulations made under this section may make provision for or in relation to any of the following:

(a) the construction, condition, utility, amenity and situation of premises and any fixtures, fittings or facilities provided with premises;

(b) the cleanliness and sanitation of premises and any fixtures, fittings or facilities provided with premises;

(c) the alteration, relocation, repair and maintenance of premises and any fixtures, fittings or facilities provided with premises;

(d) the dimensions of rooms of premises;

(e) access to and within premises, and egress from premises;

(f) toilet, bathroom, laundry and kitchen areas and facilities in premises;

(g) drainage, ventilation and lighting of premises;

(h) the supply of water, gas and electricity to premises;

(i) the protection of premises from flooding, damp, dust and infestation by vermin;

(j) the fire safety of premises.

(3) A regulation made under this section may vary according to the kind of residential premises to which it is to apply or any other factor.

6—Application of Act

(1) Subject to this section, this Act is in addition to, and does not limit or derogate from the provisions of any other Act.

(2) If residential premises consist of a site, or a dwelling installed or located on a site, to which a residential park agreement within the meaning of the Residential Parks Act 2007 applies, this Act applies as if—

(a) a reference to residential premises were a reference to the site or dwelling; and

(b) a reference to a residential tenancy agreement were a reference to the residential park agreement; and

(c) a reference to a landlord were a reference to the person (whether or not the park owner within the meaning of the Residential Parks Act 2007) who grants another person, for valuable consideration, a right of occupancy of the site or dwelling for residential purposes; and

(d) a reference to a tenant were a reference to the resident or any other person who is granted, for valuable consideration, a right of occupancy of the site or dwelling for residential purposes.

(3) If residential premises consist of premises to which a rooming house agreement within the meaning of the Residential Tenancies Act 1995 applies, this Act applies as if—

(a) a reference to a residential tenancy agreement were a reference to the rooming house agreement; and

(b) a reference to a landlord were a reference to the rooming house proprietor; and

Part 2—Administration

Division 1—Minister

7—Functions

(1) The Minister's functions in connection with the administration of this Act include the following (to be performed to such extent as the Minister considers appropriate):

(a) to further the objects of this Act;

(b) to promote safe and suitable standards of housing within the State by ensuring that adequate measures are taken to give effect to the provisions of this Act and to ensure compliance with this Act;

(i) the scope of the general duty under Part 4; or

(ii) setting standards in connection with any activity, material, substance or equipment associated with safe or suitable standards of housing; or

(iii) providing for other matters relevant to the operation or administration of this Act, for matters that may be subject to regulations under this Act, or for such other matters as the Minister thinks fit;

(d) to be a primary source of advice to the Government about preserving, protecting and promoting safe and suitable standards of housing;

(e) any other functions assigned to the Minister by this Act.

(2) In addition, the Minister has the power to do anything necessary, expedient or incidental to—

(a) performing the functions of the Minister under this Act; or

(b) administering this Act; or

8—Delegation

(1) The Minister may delegate a function conferred on the Minister under this Act—

(a) to a specified person or body; or

(b) to a person occupying or acting in a specified office or position.

(2) A delegation—

(a) may be made subject to conditions or limitations specified in the instrument of delegation; and

(b) if the instrument of delegation so provides, may be further delegated by the delegate; and

Division 2—Authorised officers

9—Appointment of authorised officers

(1) The Minister may appoint a suitably qualified person to be an authorised officer for the purposes of this Act.

(2) An appointment under this section may be made subject to such conditions or limitations as the Minister thinks fit.

(3) An authorised officer is subject to direction by the Minister.

(4) The Minister may vary or revoke an appointment at any time.

10—Identity cards

(1) An authorised officer must be issued with an identity card in a form approved by the Minister—

(a) containing the person's name and a photograph of the person; and

(b) stating that the person is an authorised officer for the purposes of this Act.

(2) The identity card must be issued as soon as is reasonably practicable after the appointment is made.

(3) An authorised officer must, at the request of a person in relation to whom the officer intends to exercise any powers under this Act, produce for the inspection of the person his or her identity card.

(4) An authorised officer appointed under this Act must, on ceasing to be an authorised officer for any reason, surrender his or her identity card to the Minister.

Maximum penalty: $250.

11—Powers of authorised officers

(1) An authorised officer may, for any reasonable purpose connected with the administration or enforcement of this Act—

(a) at any reasonable time, enter or inspect any residential premises; and

(b) during the course of the inspection—

(i) ask questions of any person found in the premises; and

(ii) inspect any article or substance found in the premises; and

(iii) take and remove samples of any substance or other thing found in the premises; and

(iv) require any person to produce any plans, specifications, books, papers or documents; and

(v) examine, copy and take extracts from any plans, specifications, books, papers or documents; and

(vi) take photographs, films or video recordings; and

(vii) take measurements, make notes and carry out tests; and

(viii) remove any article that may constitute evidence of the commission of an offence against this Act; and

(2) In the exercise of powers under this Act, an authorised officer may be accompanied by such assistants as may be necessary or desirable in the circumstances.

(3) An authorised officer may use reasonable force to enter any residential premises—

(a) on the authority of a warrant issued by a magistrate; or

(b) if the officer believes, on reasonable grounds, that the circumstances require immediate action to be taken.

(4) A magistrate must not issue a warrant under subsection (3) unless satisfied—

(a) that there are reasonable grounds to suspect that an offence against this Act has been, is being, or is about to be, committed; or

(b) that the warrant is reasonably required in the circumstances.

(5) If an authorised officer is inspecting residential premises under this section, the person in charge of the premises must provide such assistance as the authorised officer reasonably requires to facilitate the inspection.

(6) A person who—

(a) hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of a power under this section; or

(b) having been asked a question under this section, does not answer the question to the best of his or her knowledge, information and belief; or

(c) being the person in charge of premises subject to an inspection and having been required to provide reasonable assistance to facilitate the inspection, refuses or fails to provide such assistance,

is guilty of an offence.

Maximum penalty: $10 000.

(7) It is not an excuse for a person to refuse or fail to furnish information under this section on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.

(8) However, if compliance with a requirement to furnish information might tend to incriminate a person or make a person liable to a penalty, then—

(a) in the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of, the document or the information (as distinct from the contents of the documents or the information); or

(b) in any other case—any answer given in compliance with the requirement,

is not admissible in evidence against the person for an offence or for the imposition of a penalty (other than proceedings in respect of the provision of information that is false or misleading).

Part 3—Orders, notices and other action to deal with unsafe or unsuitable housing conditions

Division 1—Housing assessment orders, housing improvement orders and housing demolition orders

12—Housing assessment orders

(1) The Minister may issue a housing assessment order to the owner of residential premises if the Minister has reason to believe that the premises are or may be unsafe or unsuitable for human habitation.

(2) A housing assessment order—

(a) must be in the form of a written order served on the person to whom it is issued; and

(b) must specify the premises to which the order applies; and

(c) must include a requirement for assessments to be carried out of or in relation to the nature and extent of the defects in respect of the premises; and

(d) must include a requirement for a written report of the assessments to be submitted to the Minister in a specified form within a specified period; and

(e) may include a requirement that a person with specified qualifications be appointed or engaged—

(i) to carry out the assessments; or

(ii) to prepare the written report of the assessments; and

(f) may include an authorisation for the assessments or some of the assessments to be undertaken on behalf of the Minister by an authorised officer or other person authorised by the Minister; and

(g) must state that the person may, within 28 days, appeal to the District Court against the order.

(3) The Minister may, by written order served on a person to whom a housing assessment order has been issued, vary or revoke the order.

(4) A person to whom a housing assessment order has been issued must comply with the order.

Maximum penalty: $20 000.

13—Housing improvement orders

(1) The Minister may issue a housing improvement order to the owner of residential premises if the Minister has reason to believe that the premises are unsafe or unsuitable for human habitation and that works are required to remediate defects in respect of the premises.

(2) A housing improvement order—

(a) must be in the form of a written order served on the person to whom it is issued; and

(b) must specify the premises to which the order applies; and

(d) may include requirements for—

(i) preparing, in accordance with specified requirements and to the satisfaction of the Minister, a plan of works for the premises; and

(ii) complying with such a plan to the satisfaction of the Minister; and

(e) may include requirements for the person to whom it is issued to carry out specified works and may include a requirement that the works be completed within a specified period; and

(f) may include an authorisation for the works or some of the works to be undertaken on behalf of the Minister by an authorised officer or other person authorised by the Minister; and

(g) may include a requirement for the person to whom it is issued to ensure that the premises, if occupied, are vacated and, in any case, remain unoccupied for a specified period or until the completion, to the satisfaction of the Minister, of specified works; and

(h) must state that the person may, within 28 days, appeal to the District Court against the order.

(3) An authorised officer may, if of the opinion that urgent action is required to address unsafe or unsuitable conditions of residential premises, issue an emergency housing improvement order imposing requirements of a kind that may be imposed under subsection (2) as reasonably required to address the conditions.

(4) An emergency housing improvement order may be issued orally, but, in that event, the person to whom the order is issued must be advised forthwith of the person's right to appeal to the District Court against the order.

(5) If an emergency housing improvement order is issued to a person, the order will cease to have effect on the expiration of 3 business days from the time of its issuing unless confirmed by a written housing improvement order issued by the Minister and served on the person.

(6) The Minister may, by written order served on a person to whom a housing improvement order has been issued, vary or revoke the order.

(7) A person to whom a housing improvement order has been issued must comply with the order.

Maximum penalty: $20 000.

14—Housing demolition orders

(1) The Minister may issue a housing demolition order to the owner of residential premises if the Minister has reason to believe that the premises are so unsafe or unsuitable that it would be impracticable or unreasonable to undertake works to remediate the defects.

(2) A housing demolition order—

(a) must be in the form of a written order served on the person to whom it is issued; and

(b) must specify the premises to which the order applies; and

(d) must require the premises to be demolished within a specified period being not less than 28 days after the service of the order; and

(e) must include requirements for the person to whom it is issued to ensure that the premises, if occupied, are vacated and, in any case, remain unoccupied at all times prior to demolition or until the completion, to the satisfaction of the Minister, of specified works; and

(f) may include authorisation for the demolition works or some of those works to be undertaken on behalf of the Minister by an authorised officer or other person authorised by the Minister; and

(g) must state that the person may, within 28 days, appeal to the District Court against the order.

(3) The Minister may, by written order served on a person to whom a housing demolition order has been issued, vary or revoke the order.

(4) A person to whom a housing demolition order has been issued must comply with the order.

Maximum penalty: $20 000.

15—Registration of housing assessment order, housing improvement order or housing demolition order

(1) If a housing assessment order, housing improvement order or housing demolition order has been issued to a person in respect of residential premises, the Minister may apply to the Registrar-General for registration of the order in relation to land owned by the person on which the premises are located.

(2) An application under this section must be in a form approved by the Registrar-General and must—

(a) describe the land to which it relates; and

(b) do either or both of the following as the case may require:

(i) state that the registration of the order in relation to the land will, by virtue of subsection (5), result in the order becoming binding on each owner from time to time of the land;

(ii) state that the registration of the order in relation to the land will operate as a charge on the land, securing payment to the Minister of costs and expenses incurred by the Minister or by an authorised officer or other person acting on behalf of or under the authority of the Minister in taking action in the event of non-compliance with requirements of the order or in taking action in pursuance of the order.

(3) An application must be accompanied by—

(a) a copy of the housing assessment order, housing improvement order or housing demolition order; and

(b) such information or material as the Registrar-General may require.

(4) The Registrar-General must, on application by the Minister in accordance with this section, register the relevant order by making such entries in any register book, memorial or other book or record in the Lands Titles Registration Office or in the General Registry Office as the Registrar-General thinks fit.

(5) If a housing assessment order, housing improvement order or housing demolition order is registered under this section in relation to land, the order is binding on each owner from time to time of the land, and this Division applies as if the order had been issued to each owner.

(6) If a housing assessment order, housing improvement order or housing demolition order is registered under this section in relation to land, the Minister must, as soon as reasonably practicable, notify, in writing, each owner of the land, and each registered mortgagee or encumbrancee (if any) of the land, of the registration.

(7) The Registrar-General must, on application by the Minister, cancel the registration of a housing assessment order, housing improvement order or housing demolition order in relation to land and make such endorsements to that effect in the appropriate register book, memorial or other book or record in respect of the land as he or she thinks fit.

(8) The Minister must make an application under subsection (7)—

(a) if, to the extent that may be relevant to the grounds on which the order was registered, the requirements of the order have been satisfied; and

(b) if the Minister takes action under this Division to carry out the requirements of the order—on payment to the Minister of the amount recoverable by the Minister under this Division in relation to the action so taken.

16—Action by Minister on non-compliance with housing assessment order, housing improvement order or housing demolition order

(1) If the requirements of a housing assessment order, housing improvement order or housing demolition order are not complied with, the Minister may take any action required by the order.

(2) Any action to be taken by the Minister under subsection (1) may be taken on the Minister's behalf by an authorised officer or another person authorised by the Minister for the purpose.

(3) If a person other than an authorised officer is authorised to take action under subsection (2), the following provisions apply:

(a) the Minister must issue the person with an instrument of authority;

(b) the person may exercise such powers of an authorised officer as are reasonably required for the purpose of taking action under that subsection;

(c) the provisions of this Act apply in relation to the exercise of such powers by the person in the same way as in relation to an authorised officer;

(d) the person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer.

17—Recovery of costs and expenses incurred by Minister

(1) If action has been taken in relation to residential premises by the Minister either on non-compliance with the requirements of a housing assessment order, housing improvement order or housing demolition order or in pursuance of such an order, the Minister may recover, in accordance with this section, the reasonable costs and expenses incurred by the Minister in taking that action as a debt from the person to whom the order was issued.

(2) If—

(a) a housing assessment order, housing improvement order or housing demolition order has been registered in relation to land under section 15; or

(b) the registration of a housing assessment order, housing improvement order or housing demolition order in relation to land has been cancelled under that section,

the Minister may recover, in accordance with this section, an amount prescribed by regulation in respect of the registration or cancellation (as the case may be) as a debt from the owner of the residential premises at the time of registration or cancellation.

(3) If an amount is recoverable from an owner by the Minister under this section, the following provisions apply:

(a) the Minister may, by notice in writing to the owner, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the owner, and, if the amount is not paid by the owner within that period, the owner is liable to pay interest charged at the prescribed rate per annum on the amount unpaid;

(b) if the relevant order is registered under section 15, the unpaid amount together with any interest charge payable under paragraph (a) is, until paid, a charge in favour of the Minister on the land owned in relation to which the order is registered;

(c) if the premises to which the relevant order applies are occupied under a residential tenancy agreement, the unpaid amount together with any interest charge payable under paragraph (a) may be recovered in the form of rent as follows:

(i) the Minister may recover the amount by giving notice in the prescribed form to the tenant requiring the tenant to pay rent to the Minister, for a specified period or until the debt has been satisfied;

(ii) if the tenant fails to pay rent to the Minister in accordance with the requirements of the notice, the Minister may, in respect of any amount in arrears, exercise all remedies that would otherwise be enforceable by a landlord against a tenant for recovery of rent in arrears;

(iii) the Minister may, by further notice in writing to the tenant vary or revoke a notice given under subparagraph (i);

(iv) the Minister must give notice in writing to the landlord of any action taken by the Minister under this subsection.

(4) A landlord who is given notice under subsection (3)(c)(iv) must ensure that any rent received by or on behalf of the landlord in respect of the premises is forwarded to the Minister within 14 days.

Maximum penalty: $5 000.

Expiation fee: $315.

(5) Any amount recovered under subsection (3)(c) will be set-off against the debt applying under subsection (1).

(6) A charge imposed on land by this section has priority over—

(a) any prior charge imposed on the land (whether or not registered) that operates in favour of a person who is an associate of the owner of the land; and

(b) any other charge on the land other than a charge registered prior to the registration of the housing assessment order, housing improvement order or housing demolition order in relation to the land.

(7) If any default is made in payment of an amount that is, by virtue of this section, a charge on land in favour of the Minister, the Minister has the same powers in respect of the land charged as are given by the Real Property Act 1886 to a mortgagee under a mortgage in respect of which default has been made in payment of money secured by the mortgage.

18—Action, and recovery of costs and expenses, by registered mortgagee or encumbrancee or by tenant

(1) If the requirements of a housing assessment order, housing improvement order or housing demolition order are not complied with—

(a) a registered mortgagee or encumbrancee of the premises to which the order applies; or

(b) in the case of premises that are occupied under a residential tenancy agreement—the tenant,

may take such action required by the order as may be authorised by the Minister.

(2) An authorisation of the Minister under subsection (1)—

(a) must be in writing; and

(b) may be subject to conditions; and

(3) If action has been taken by a tenant under subsection (1), the reasonable costs and expenses incurred by the tenant in taking that action—

(a) are recoverable by the tenant as a debt from the person to whom the housing assessment order, housing improvement order or housing demolition order was issued; and

(b) may be deducted by the tenant from any rent payable in respect of the premises,

despite any covenant or agreement to the contrary.

(4) If action has been taken by a registered mortgagee or encumbrancee under subsection (1), the reasonable costs and expenses incurred by the registered mortgagee or encumbrancee in taking that action, are—

(a) recoverable as a debt from the person to whom the housing assessment order, housing improvement order or housing demolition order was issued; and

(b) in the case of action taken by a registered mortgagee on notice in writing given to the mortgagor—taken, on notice in writing given to the mortgagor, to be added to the principal sum owing under the mortgage, and until repaid, subject to interest at the same rate and payable at the same times as the balance of the amount owing under the mortgage,

despite any covenant or agreement to the contrary or the provisions of the Real Property Act 1886.

19—Owner of residential premises may seek reimbursement of costs and expenses from other owners

The Tribunal may, on application by an owner of residential premises who has been issued with a housing assessment order, housing improvement order or housing demolition order and who has incurred costs and expenses in carrying out the requirements of the order or reimbursing the Minister for action taken in pursuance of the order, make an order for payment of the whole or a portion of the costs and expenses, as the Tribunal considers appropriate, against one or more other owners of the premises.

20—Interaction of this Division with Real Property Act 1886

(1) The provisions of this Division relating to registration by the Registrar-General and the priority of charges apply despite the provisions of the Real Property Act 1886.

(2) Without limiting subsection (1), despite the provisions of the Real Property Act 1886, a charge imposed on land under this Division is not discharged by the exercise of a power of sale or foreclosure under that Act and is not discharged by the exercise of a power of sale under any other Act.

Division 2—Notice to vacate

21—Notice to vacate

(1) If a housing improvement order or housing demolition order issued in respect of residential premises imposes a requirement for the premises to be vacated, the Minister must issue a notice to the occupiers of the premises to vacate the premises (a notice to vacate).

(2) A notice to vacate must—

(a) be in the form of a written notice served on the occupiers of the premises; and

(b) specify the premises; and

(d) require the occupiers to vacate the premises by a specified date (allowing as much time as the circumstances will safely permit); and

(e) if the premises are occupied under a residential tenancy agreement, state that—

(i) the tenancy is terminated on the specified date by force of the notice; and

(ii) the tenant must give up possession of the premises on or before that date; and

(iii) the landlord is authorised to take possession of the premises on that date by force of the notice; and

(f) state that the persons to whom the notice is issued may, within 28 days, appeal to the District Court against the notice.

(3) The Minister may vary or revoke a notice under this section by subsequent written notice.

(4) A person to whom a notice to vacate has been issued—

(a) must comply with the notice; and

(b) must not let or sublet the premises to which it applies, or cause the premises to be let or sublet.

Maximum penalty: $5 000.

(5) The following provisions apply if a notice to vacate has been issued in respect of premises:

(a) the Tribunal may, on application by the owner of the premises or the Minister, make an order for the ejectment of the occupiers;

(b) if the premises are occupied under a residential tenancy agreement, the Tribunal may, on application by the tenant, if the Tribunal considers it appropriate to do so in the circumstances, make an order requiring the landlord to compensate the tenant for loss and inconvenience resulting, or likely to result, from the early termination of the tenancy under this section (including, but not limited to, the reasonable costs incurred by the tenant in relocating to other premises).

(6) An order under subsection (5)(a) for ejectment may be enforced by a bailiff of the Tribunal in the same manner as an order for the possession of premises under the Residential Tenancies Act 1995 (and, for that purpose, a bailiff may exercise the powers of a bailiff under section 99 of that Act).

Division 3—Rent control notices

22—Rent control notices

(1) The Minister may, if a housing improvement order has been issued in respect of residential premises, by notice in the Gazette, declare the premises to be subject to rent control (a rent control notice).

(2) Before making a notice under subsection (1), the Minister must give the owner of the residential premises a preliminary notice (a preliminary rent control notice)—

(a) stating the intention of the Minister to make the rent control notice; and

(b) specifying the premises to which the rent control notice is intended to apply; and

(i) the condition of the premises; and

(ii) the capital value of the premises as determined under the Valuation of Land Act 1971; and

(iii) to the extent that the Minister may reasonably be able to determine, the market rent for residential premises of that kind in the same or similar localities; and

(iv) any other factors prescribed by regulation or considered relevant by the Minister; and

(d) inviting the person to show, within a specified time not exceeding 14 days why a rent control notice should not be made (by making representations to the Minister).

(3) A notice under subsection (2) may state varying amounts as the proposed maximum rent for the premises according to—

(a) whether the rent applies in relation to the premises as a whole or in part; or

(b) whether the premises are furnished or unfurnished.

(4) After considering any representations made within the time specified under subsection (2)(d), the Minister may—

(a) proceed with making the rent control notice—

(i) in accordance with the terms of the preliminary rent control notice; or

(ii) with modifications from the terms of the preliminary rent control notice; or

(b) determine not to proceed with the rent control notice.

(5) The Minister may, on application by the owner of premises to which a rent control notice applies or on the Minister's own initiative, by subsequent notice in the Gazette, vary or revoke the rent control notice if satisfied that it is just or reasonable to do so.

(6) A rent control notice—

(a) comes into operation on the day on which it is made or such later date as may be specified in the notice; and

(b) remains in force according to the terms of the notice—

(i) for a period specified in the notice; or

(ii) until revoked by the Minister,

(despite any change in ownership or occupancy of the residential premises).

23—Offence to charge more than maximum rent under rent control notice

If a rent control notice applies to residential premises, a person must not charge, demand or receive rent in respect of the premises that is more than the maximum rent fixed under the notice.

Maximum penalty: $5 000.

Expiation fee: $315.

Division 4—Special provisions relating to prescribed residential tenancy agreements

24—Landlord must give notice of intention to carry out inspections or works under housing assessment or housing improvement order

(1) A landlord under a prescribed residential tenancy agreement in respect of residential premises to which a housing assessment order or housing improvement order applies must comply with the following requirements:

(a) the landlord may enter the premises to inspect the premises in connection with the order, but only in accordance with a written notice given to the tenant no less than 7 and no more than 14 days before the day of entry—

(i) stating the purpose of the proposed entry and the date of the proposed entry; and

(ii) specifying a period of up to 2 hours (which must be between 8 am and 8 pm on any day other than a Sunday or public holiday) within which the proposed entry will occur,

(however, if the premises are in a remote location or it is necessary for the landlord to be accompanied by a person for the purposes of the inspection, the notice need not specify a 2 hour period within which the proposed entry is to occur, but the entry must occur between 8 am and 8 pm on any day other than a Sunday or public holiday);

(b) the landlord may enter the premises to carry out works required by the order but only at a time between 8 am and 8 pm on any day other than a Sunday or public holiday of which the tenant has been given at least 48 hours notice.

(2) Subsection (1) does not apply if the inspection or works are required to be carried out in an emergency.

25—Landlord must keep and provide record of rent if rent control notice applies

A landlord who receives rent under a prescribed residential tenancy agreement in respect of residential premises to which a rent control notice applies must comply with the following requirements:

(a) the landlord must keep a record of the following details for the rent:

(i) the date on which the rent was received;

(ii) the name of the person paying the rent;

(iii) the amount paid;

(iv) the period of the tenancy to which the rent relates;

(v) the address of the premises to which the rent relates;

(b) the landlord must keep the record for a period of 2 years from the date of the receipt of the rent;

(c) if the rent was paid other than into an ADI account, the landlord must, within 48 hours after receiving the rent, give the tenant a copy of the details referred to in paragraph (a) in respect of the rent;

(d) if the rent was paid into an ADI account, the landlord is only required to provide the tenant with a copy of the details referred to in paragraph (a) in respect of the rent if the tenant makes a written request for it, in which case the landlord must give the tenant such a copy in respect of the period specified in the request within 7 days of the making of the request.

Maximum penalty: $2 500.

Expiation fee: $210.

26—Termination of prescribed residential tenancy agreement by tenant

(1) The tenant under a prescribed residential tenancy agreement in respect of residential premises to which an order or notice under this Part applies, may, by notice of termination given to the landlord, terminate the tenancy without specifying a ground of termination.

(2) The minimum period of notice under this section is 7 days.

27—Termination or variation of prescribed residential tenancy agreement by landlord

(1) If a landlord gives a tenant a notice of termination, or a notice of variation of a prescribed kind, of a prescribed residential tenancy agreement in respect of residential premises—

(a) that have, within the preceding 6 months, been the subject of an inspection by an authorised officer under section 11; or

(b) to which an order or notice under this Part applies (other than a notice to vacate),

the notice will be ineffectual unless it is given in the prescribed manner and form on 1 or more grounds prescribed by regulation for the purposes of this subsection and the Tribunal has confirmed the notice in accordance with subsection (2).

(2) The Tribunal may, on application by a landlord who gives, or a tenant who receives, a notice referred to in subsection (1)—

(a) if the Tribunal is satisfied of the genuineness of the landlord's grounds for the giving of the notice, do 1 or both of the following:

(i) confirm the notice;

(ii) make an order—

(A) in the case of a notice of termination—for termination of the residential tenancy agreement and for possession of the residential premises; or

(B) in the case of a notice of variation—for variation of the residential tenancy agreement; and

(b) if the Tribunal is not satisfied of the genuineness of the landlord's grounds for the giving of the notice, do 1 or both of the following:

(i) set aside the notice;

(ii) make an order reinstating the residential tenancy on such conditions (if any) as the Tribunal considers appropriate.

(3) The Tribunal may, if it considers it appropriate to do so in the circumstances of the case, make an order compensating the tenant for loss or inconvenience resulting, or likely to result, from the termination or variation of the tenancy under this section (including, but not limited to, the reasonable costs incurred by the tenant in relocating to other premises).

(4) A landlord who recovers possession of premises under this section must not, without the consent of the Tribunal, grant a fresh tenancy over the premises within 6 months after recovering possession.

Maximum penalty: $2 500.

(5) In this section—

variation of a prescribed kind, in relation to a prescribed residential tenancy agreement, means a variation that has the effect of—

(a) removing property or rights ordinarily enjoyed by the tenant in connection with the premises; or

(b) making such property or rights subject to a new or additional charge or other consideration.

Division 5—Obligation to publicise orders and notices

28—Orders and notices under this Part to be displayed on premises

The owner of residential premises to which an order or notice under this Part (other than a preliminary rent control notice) applies must ensure that a copy of the order or notice showing the terms of each order or notice is displayed in legible form in a prominent position at the premises as directed by the Minister.

Maximum penalty: $5 000.

Expiation fee: $315.

29—Orders and notices under this Part to be declared in advertisements for sale or lease of land and in lease agreement

(1) If residential premises to which an order or notice under this Part (other than a preliminary rent control notice) applies are offered for sale, the vendor must ensure that each advertisement published or caused to be published by the vendor in relation to the sale includes a statement that such order or notice applies to the premises.

Maximum penalty: $5 000.

Expiation fee: $315.

(2) If residential premises to which an order or notice under this Part (other than a preliminary rent control notice) applies are offered for lease, the lessor must ensure that—

(a) each advertisement published or caused to be published by the lessor for the lease, and the lease agreement, includes a statement that such order or notice applies to the premises; and

(b) if a rent control notice applies to the premises—any oral or written representation made to a lessee about the amount of rent payable for the premises includes a statement that the rent payable is the amount fixed under the rent control notice.

Maximum penalty: $5 000.

Expiation fee: $315.

(3) A statement required to be made under subsection (1) or (2) in an advertisement or document must be in legible form and appear in a reasonably prominent position in the advertisement or document.

Maximum penalty: $5 000.

Expiation fee: $315.

(4) If a person fails to comply with subsection (2), the lessee may rescind the lease by giving notice to the person in the prescribed manner and form of the lessee's intention not to be bound by the lease.

(5) In this section—

lessee, in relation to premises, includes a prospective lessee and a person authorised to act on behalf of a lessee or prospective lessee in the lease of the premises;

lessor, in relation to premises, includes a prospective lessor and a person authorised to act on behalf of a lessor or prospective lessor in the lease of the premises;

vendor, in relation to premises, includes a prospective vendor and a person authorised to act on behalf of a vendor or prospective vendor in the sale of the premises.

Division 6—Appeals

30—Appeals to Court

(1) The following appeals may be made to the District Court:

(a) a person who has been issued with—

(i) a housing assessment order; or

(ii) a housing improvement order; or

(iii) a housing demolition order; or

(iv) a notice to vacate,

may appeal to the Court against the order or notice or any variation of the order or notice;

(b) the owner of premises in respect of which a rent control notice has been made may appeal to the Court against the notice or any variation of the notice.

(2) An appeal must be made in a manner and form determined by the Court, setting out the grounds of the appeal.

(3) Subject to this section, an appeal must be made within 28 days after the order or notice is issued or made or any variation of the order or notice is made.

Part 4—General duty

31—General duty

(1) The owner of residential premises must take reasonable steps to ensure that the premises are safe and suitable for human habitation.

(2) Without limiting subsection (1), in the case of residential premises that are occupied under a residential tenancy agreement—

(a) the landlord must take reasonable steps to ensure that the premises are, and remain, safe and suitable for human habitation; and

(b) the tenant must take reasonable steps—

(i) to comply with any action taken by the landlord to ensure that the premises are safe and suitable for human habitation; and

(ii) to ensure that the premises are maintained in a reasonable state for the purposes of human habitation.

(3) In determining what is reasonable for the purposes of subsection (1) and (2), regard must be had, amongst other things, to—

(a) the prescribed minimum housing standards; and

(b) a relevant code of practice prescribed or approved under the regulations; and

(d) any matter prescribed by regulation.

(4) A person will be taken not to be in breach of subsection (1) if the person is acting in circumstances prescribed by regulation.

(5) Subject to subsections (6) and (7), a person who breaches subsection (1) is not, on account of the breach alone, liable to any civil or criminal action.

(6) If a person breaches subsection (1), compliance with the subsection may be enforced by the issuing of a housing assessment order, housing improvement order or housing demolition order.

(7) Subsection (5) does not limit or derogate from any other provision of this Act.

Part 5—Residential Tenancies Tribunal

Division 1—Definitions

32—Definitions

In this Part—

conciliation of a dispute includes preliminary assistance in dispute resolution such as the giving of advice to ensure that—

(a) the parties to the dispute are fully aware of their rights and obligations; and

(b) there is full and open communication between the parties about the dispute;

conciliation conference means—

(a) a conference called by a conciliator under section 40(3); or

(b) a conference to which a housing improvement tenancy dispute is referred by the Tribunal under section 41(2)(a).

Division 2—Role of Registrars and magistrates

33—Registrars may exercise jurisdiction in certain cases

(1) The Registrar or a Deputy Registrar may—

(a) exercise the jurisdiction of the Tribunal under this Act if specifically authorised to do so by or under this Act; and

(b) subject to direction by the Presiding Member—exercise the jurisdiction of the Tribunal under this Act in respect of classes of matters, or in circumstances, specified by the regulations.

(2) The Registrar may make an order in relation to a housing improvement tenancy dispute with the written consent of the parties to the dispute (and such order operates as an order of the Tribunal).

34—Magistrates may exercise jurisdiction in certain cases

(1) A magistrate may exercise the jurisdiction of the Tribunal under this Act.

(2) The regulations may prescribe a scheme for the listing of matters before magistrates.

(3) A regulation cannot be made for the purposes of subsection (2) except after the Minister has consulted with the Presiding Member of the Tribunal and the Chief Magistrate.

(4) A magistrate exercising the jurisdiction of the Tribunal under this Act is taken to be a member of the Tribunal.

Division 3—Proceedings before Tribunal

35—Constitution of Tribunal

(1) The Tribunal is constituted for the purposes of hearing proceedings under this Act of a single member of the Tribunal.

(2) The Tribunal may, at any one time, be separately constituted for the hearing and determination of a number of separate matters under this Act.

36—Duty to act expeditiously

The Tribunal must hear and determine proceedings under this Act where practicable within 14 days after proceedings are commenced and, if that is not practicable, as expeditiously as possible.

Division 4—Jurisdiction of Tribunal

37—Jurisdiction of Tribunal

(1) The Tribunal has exclusive jurisdiction to hear and determine a housing improvement tenancy dispute.

(2) However, the Tribunal does not have jurisdiction to hear and determine a monetary claim under this Act if the amount claimed exceeds $40 000 unless the parties to the proceedings consent in writing to the claim being heard and determined by the Tribunal (and if consent is given, it is irrevocable).

(3) If a monetary claim under this Act is above the Tribunal's jurisdictional limit, the claim and any other claims related to the same residential tenancy agreement may be brought in a court competent to hear and determine a claim founded on contract for the amount of the claim.

(4) A court in which proceedings are brought under subsection (3) may exercise the powers of the Tribunal under this Act.

38—Application to Tribunal

(1) An application under this Act to the Tribunal must—

(a) be made in writing and, if a form is prescribed by regulation, comply with that form; and

(b) contain the prescribed particulars (or such particulars as may be required by a prescribed form); and

(2) Before the Tribunal proceeds to hear an application it must first—

(a) give the applicant notice in writing setting out the time and place at which it will hear the application; and

(b) give to any other party—

(i) notice in writing setting out the time and place at which it will hear the application; and

(ii) such notice of the nature of the application as it thinks fit.

Division 5—Conciliation

39—Conciliators

(1) The Commissioner may appoint conciliators for this Act.

(2) The Commissioner may appoint a person as a conciliator only if the Commissioner is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.

(3) Without limiting subsection (2), the Commissioner may be satisfied a person has the necessary expertise or experience because the person has satisfactorily completed the training approved by the Commissioner for this section.

(4) A conciliator appointed under this section has the same protection and immunity as a member of the Tribunal.

40—Conciliation by conciliator nominated by Commissioner

(1) The Registrar or Deputy Registrar may refer applications to the Tribunal, of a class prescribed by regulation, to the Commissioner for conciliation.

(2) A conciliator nominated by the Commissioner will act as the conciliator of a housing improvement tenancy dispute referred for conciliation.

(3) The conciliator may call a conference of the parties to explore the possibility of resolving the dispute by agreement (a conciliation conference).

(4) The conciliator must notify the parties to a housing improvement tenancy dispute of the time and place fixed for the conference.

(5) If a conciliation is terminated because it appears to the conciliator that it is unlikely that an agreed settlement can be reached within a reasonable time or for any other reason, the conciliator must refer the matter to the Registrar or Deputy Registrar for the listing of the matter before the Tribunal.

41—Conciliation by Tribunal

(1) Before making an order to determine a housing improvement tenancy dispute, it is the duty of the Tribunal to use its best endeavours to bring the parties to the dispute to a settlement that is acceptable to the parties.

(2) In addition to, or in the course of, any action taken under subsection (1), the Tribunal may, before the hearing of proceedings concerning a housing improvement tenancy dispute—

(a) refer the dispute for a conference of the parties to explore the possibility of resolving the dispute by agreement (a conciliation conference); and

(b) require each party to the dispute (or a representative of a party who has authority to settle the proceedings on behalf of the party) to attend the conference.

(3) If a housing improvement tenancy dispute is referred to a conciliation conference under this section—

(a) the Registrar must notify the parties of the time and place fixed for the conference in a manner prescribed by the rules of the Tribunal; and

(b) a member of the Tribunal, the Registrar or another officer of the Tribunal authorised by the Presiding Member will preside at the conference.

(4) If a party to a housing improvement tenancy dispute fails to attend a properly convened conciliation conference—

(a) the conference may proceed at the appointed time in the party's absence; and

(b) the Tribunal may determine the proceeding adversely to the absent party and make any appropriate orders.

42—Duties of conciliators

(1) Conciliators have the following functions in the conciliation of a housing improvement tenancy dispute:

(a) to seek to identify the issues in dispute and to narrow the range of the dispute;

(b) to encourage the settlement of the dispute by facilitating, and helping to conduct, negotiations between the parties to the dispute;

(d) to provide to the parties information about the operation of this Act relevant to a settlement of the dispute;

(e) to help in the settlement of the dispute in any other appropriate way.

(2) A conciliator does not have the power to determine any matter in dispute, whether or not the parties request or consent to such action.

43—Procedure

(1) A conciliation conference may, at the discretion of the conciliator, be adjourned from time to time.

(2) Unless the conciliator decides otherwise, a conciliation conference will be held in private and the conciliator may exclude from the conference any person apart from the parties and their representatives.

(3) A conciliator (if not legally qualified) may refer a question of law arising at a conciliation conference to a member of the Tribunal who is legally qualified for determination.

(4) A party must, if required by a conciliator, disclose to the other party details of the party's case and of the evidence available to the party in support of that case.

(5) A conciliator or a party may terminate a conciliation conference at any time.

(6) A settlement to which a party or representative of a party agrees at a conciliation conference is binding on the party provided that it is not inconsistent with this Act.

(7) The settlement must be put into writing and signed by or for the parties and if the conciliation conference was conducted by a conciliator, a copy of the signed settlement must be provided to the Tribunal.

(8) The Tribunal may make a determination or order to give effect to the settlement.

(9) A member of the Tribunal who conducts a conciliation conference in relation to a housing improvement tenancy dispute is not entitled to hear and determine proceedings concerning the dispute unless the parties otherwise agree.

(10) A conciliator has the same protection and immunity as a member of the Tribunal.

44—Restriction on evidence

Evidence of anything said or done in the course of conciliation of a housing improvement tenancy dispute under this Division is inadmissible in proceedings before the Tribunal except by consent of all parties to the proceedings.

Division 6—Intervention by Minister

45—Intervention by Minister

(1) The Minister may intervene in proceedings before the Tribunal or a court concerning a housing improvement tenancy dispute.

(2) If the Minister intervenes in proceedings, he or she becomes a party to the proceedings and has all the rights (including rights of appeal) of a party to the proceedings.

Division 7—Evidentiary and procedural powers

46—Tribunal's powers to gather evidence

(1) For the purpose of proceedings under this Act, the Tribunal may—

(a) by summons signed by a member, Registrar or Deputy Registrar of the Tribunal, require the attendance before the Tribunal of any person;

(b) by summons signed by a member, Registrar or Deputy Registrar of the Tribunal, require the production of books, papers or documents;

(c) inspect books, papers or documents produced before it, retain them for such reasonable period as it thinks fit, and make copies of any of them, or of any of their contents;

(d) require a person appearing before the Tribunal to make an oath or affirmation that he or she will truly answer any relevant questions put to him or her by the Tribunal or a person appearing before the Tribunal;

(e) require a person appearing before the Tribunal (whether he or she has been summoned to appear or not) to answer any relevant questions put to him or her by the Tribunal or a person appearing before the Tribunal.

(2) If a person—

(a) fails without reasonable excuse to comply with the requirements of a summons served on him or her under subsection (1); or

(b) refuses or fails to comply with a requirement of the Tribunal under subsection (1); or

the person is guilty of an offence.

Maximum penalty: $2 500.

(3) Evidence before the Tribunal cannot be used in criminal proceedings except proceedings for an offence against this Act or for perjury.

47—Procedural powers of Tribunal

(1) In proceedings under this Act, the Tribunal may—

(a) hear the application in such manner as the Tribunal considers best suited to that purpose; and

(b) decline to entertain the application if it considers that the application is frivolous or involves a trivial matter or amount; and

(c) decline to entertain the application, or adjourn the hearing, until the fulfilment of conditions fixed by the Tribunal with a view to promoting the settlement or resolution of matters in dispute between the parties; and

(d) proceed to determine the application in the absence of a party; and

(e) extend any period prescribed by or under this Act within which an application or other step in respect of proceedings must be made or taken (even if that period has expired); and

(f) vary or set aside an order, notice or decision if the Tribunal considers there are proper grounds for doing so; and

(g) adjourn the hearing to a specified time or place or to a time and place to be fixed; and

(h) allow the amendment of the application; and

(i) hear the application jointly with another application; and

(j) receive in evidence any transcript of evidence in proceedings before a court and draw any conclusion of fact that it considers proper; and

(k) adopt, as in its discretion it considers proper, any findings, decision or judgment of a court that may be relevant to the proceedings; and

(l) generally give all such directions and do all things as it thinks necessary or expedient in the proceedings.

(2) The Tribunal may determine an application without proceeding to a hearing if the Tribunal is satisfied that the issues for determination can be adequately determined in the absence of the parties by consideration of the application and other documents or materials lodged with or produced before the Tribunal.

(3) The Tribunal's proceedings under this Act must be conducted with the minimum of formality, and in the exercise of its jurisdiction under this Act the Tribunal—

(a) is not bound by evidentiary rules but may inform itself as it considers appropriate; and

(b) must act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms.

48—General powers of Tribunal to cure irregularities

(1) The Tribunal may, if satisfied that it would be just and equitable to do so, excuse a failure to comply with a provision of this Act on terms and conditions the Tribunal considers appropriate.

(2) The Tribunal may amend proceedings if satisfied that the amendment will contribute to the expeditious and just resolution of the questions in issue between the parties.

Division 8—Judgments and orders

49—General powers of Tribunal to resolve housing improvement tenancy disputes

(1) The Tribunal may, on application by a party to a housing improvement tenancy dispute—

(a) restrain an action in breach of this Act; or

(b) require a person to comply with an obligation under this Act; or

(d) modify a residential tenancy agreement to enable the tenant to recover compensation payable to the tenant by way of a reduction in the rent otherwise payable under the agreement; or

(e) relieve a party to a residential tenancy agreement from the obligation to comply with a provision of the agreement; or

(f) terminate a residential tenancy agreement or declare that a residential tenancy agreement has, or has not, terminated; or

(g) reinstate rights under a residential tenancy agreement that have been forfeited or have otherwise terminated; or

(h) require payment of rent into the Fund until conditions stipulated by the Tribunal have been complied with; or

(i) require that rent so paid into the Fund be paid out and applied as directed by the Tribunal; or

(j) require a tenant to give up possession of residential premises to the landlord; or

(k) make orders to give effect to rights and liabilities arising from the assignment of a residential tenancy agreement; or

(l) exercise any other power conferred on the Tribunal under this Act; or

(m) do anything else necessary or desirable to resolve a housing improvement tenancy dispute.

(2) The Tribunal does not have jurisdiction to award compensation for damages arising from personal injury.

50—Special powers to make orders and give relief

(1) The Tribunal may in proceedings under this Act make an order in the nature of—

(a) an injunction (including an interim injunction); or

(b) an order for specific performance; or

(c) an order for payment (for the credit of the Fund) of an amount in the nature of exemplary damages determined by the Tribunal.

(2) However, a member of the Tribunal who is not legally qualified cannot make an order under subsection (1) without the approval of the Presiding Member of the Tribunal.

(3) In assessing an amount to be ordered in the nature of exemplary damages, the Tribunal must have regard to—

(a) any harm to persons or detriment to the public interest resulting from the contravention; and

(b) any financial saving or other benefit that a person stood to gain by committing the contravention; and

(4) Although a particular form of relief is sought by a party to proceedings before the Tribunal, the Tribunal may grant any other form of relief that it considers more appropriate to the circumstances of the case.

(5) The Tribunal may make interlocutory orders on matters within its jurisdiction under this Act.

(6) The Tribunal may, on matters within its jurisdiction under this Act, make binding declarations of right whether or not any consequential relief is or could be claimed.

(7) The Tribunal may, in the exercise of its jurisdiction under this Act, make ancillary or incidental orders.

51—Conditional and alternative orders

(1) The Tribunal may make orders under this Act on conditions the Tribunal considers appropriate.

(2) The Tribunal may make orders under this Act in the alternative so that a particular order takes effect, or does not take effect, according to whether stipulated conditions are complied with.

52—Enforcement of orders

(1) An order of the Tribunal under this Act may be registered in the appropriate court and enforced as an order of that court.

(2) A person who contravenes an order of the Tribunal under this Act (other than an order for the payment of money) is guilty of an offence.

Maximum penalty: $10 000.

(3) In this section—

appropriate court means—

(a) if the order of the Tribunal is for a monetary amount above the jurisdictional limit of the Magistrates Court for a monetary claim founded on contract—the District Court of South Australia;

(b) in any other case—the Magistrates Court.

53—Application to vary or set aside order

(1) A party to proceedings before the Tribunal under this Act may apply to the Tribunal for an order varying or setting aside an order made in the proceedings.

(2) An application to vary or set aside an order must be made within 1 month of the making of the order (unless the Tribunal allows an extension of time).

(3) If the reasons of the Tribunal are not given in writing at the time of making an order and the applicant for an order varying or setting aside the order then requests the Tribunal to state its reasons in writing, the time for making the application runs from the time when the applicant receives the written statement of the reasons.

54—Costs

The Governor may, by regulation, provide that in proceedings of a prescribed class the Tribunal will not award costs unless—

(a) all parties to the proceedings were represented by legal practitioners; or

(b) the Tribunal is of the opinion that there are special circumstances justifying an award of costs.

Division 9—Obligation to give reasons for decisions

55—Reasons for decisions

The Tribunal must, if asked by a person affected by a decision or order under this Act, state in writing the reasons for its decision or order.

Division 10—Reservation of questions of law and appeals

56—Reservation of questions of law

(1) The Tribunal may reserve a question of law arising in proceedings under this Act for determination by the Supreme Court.

(2) If a question of law is reserved, the Supreme Court may decide the question and make consequential orders and directions appropriate to the circumstances of the case.

57—Appeals

(1) An appeal lies to the District Court from a decision or order of the Tribunal made in the exercise (or purported exercise) of its powers under this Act.

(2) The appeal must be commenced within 1 month of the decision or order appealed against unless the Court allows an extension of time.

(3) If the reasons of the Tribunal are not given in writing at the time of making a decision or order under this Act and the appellant then requests the Tribunal to state its reasons in writing, the time for commencing the appeal runs from the time when the appellant receives the written statement of the reasons.

Division 11—Representation in proceedings before Tribunal or at conciliation conference

58—Representation in proceedings before Tribunal or at conciliation conference

(1) A party to a housing improvement dispute may only be represented in proceedings before the Tribunal or at a conciliation conference under this Act in accordance with this section.

(2) A party may be represented by a lawyer if—

(a) all parties to the proceedings agree to the representation and the Tribunal is satisfied that it will not unfairly disadvantage a party who does not have a professional representative; or

(b) the Tribunal is satisfied that the party is unable to present the party's case properly without assistance; or

(d) the Minister has intervened in, or is a party to, the proceedings.

(3) A party may be represented by a person who is not a lawyer if—

(a) the party is a body corporate and the representative is an officer or employee of the body corporate; or

(b) the party is a landlord and the representative is an agent, or an officer or employee of an agent, appointed by the landlord to manage the premises on the landlord's behalf; or

(c) all parties to the proceedings agree to the representation and the Tribunal is satisfied that it will not unfairly disadvantage an unrepresented party; or

(d) the Tribunal is satisfied that the party is unable to present the party's case properly without assistance.

(4) In this section—

professional representative means a lawyer, a law clerk, or a person who holds or has held legal qualifications under the law of the State or another place.

59—Remuneration of representative

A person must not ask for or receive a fee for representing a party to a housing improvement tenancy dispute in proceedings before the Tribunal or at a conciliation conference under this Act unless—

(a) the representative is a lawyer or a law clerk employed by a lawyer; or

(b) the representative is an officer or employee of a body corporate who represented the body corporate in the proceedings; or

(c) the representative is an agent, or an officer or employee of an agent, who represented a landlord in the proceedings whose premises the agent had been appointed to manage on behalf of the landlord.

Maximum penalty: $15 000.

Division 12—Miscellaneous

60—Entry and inspection of property

(1) The Tribunal may enter land or a building and carry out an inspection the Tribunal considers relevant to a proceeding before the Tribunal under this Act.

(2) The Tribunal may authorise a person to enter land or a building and carry out an inspection the Tribunal considers relevant to a proceeding before the Tribunal under this Act.

(3) A person who obstructs the Tribunal, or a person authorised by the Tribunal, in exercising a power of entry or inspection under this section commits a contempt of the Tribunal.

61—Contempt of Tribunal

A person who—

(a) interrupts the proceedings of the Tribunal under this Act or misbehaves before the Tribunal in such proceedings; or

(b) insults the Tribunal or an officer of the Tribunal acting in the exercise of official functions under this Act; or

is guilty of a contempt of the Tribunal.

62—Punishment of contempt

(1) The Tribunal may punish a contempt as follows:

(a) it may impose a fine not exceeding $5 000;

(b) it may suspend the right of a person under section 58 to represent parties to housing improvement tenancy disputes for a specified period or until further order;

(c) it may commit to prison until the contempt is purged subject to a limit (not exceeding 1 year) to be fixed by the Tribunal at the time of making the order for commitment.

(2) The powers conferred by this section may only be exercised by a member of the Tribunal who is legally qualified.

(3) An order for commitment made under this section may be executed as if it were an order for commitment made by the Magistrates Court.

63—Fees

(1) The Governor may, by regulation, prescribe and provide for the payment of fees in relation to proceedings in the Tribunal under this Act.

(2) The Registrar may remit or reduce a fee if the party by whom the fee is payable is suffering financial hardship, or for any other proper reason.

(3) A fee paid by a party is not recoverable, including in connection with an award of costs or an order to pay compensation.

64—Procedural rules

(1) The Governor may, by regulation—

(a) prescribe matters relevant to the practice and procedures of the Tribunal under this Act; and

(b) provide for the service of any process, notice or other document relevant to proceedings before the Tribunal under this Act (including circumstances where substituted service in accordance with the regulations or an order of the Tribunal will constitute due service); and

(2) The Presiding Member of the Tribunal may make Rules of the Tribunal relevant to the practice and procedure of the Tribunal under this Act, or to assist in the effective and efficient operation of the Tribunal, insofar as those matters are not dealt with by the regulations.

(3) Rules of the Tribunal take effect as from the date of publication in the Gazette or a later date specified in the rules.

(4) The Subordinate Legislation Act 1978 does not apply to Rules of the Tribunal.

Part 6—Register

65—Register

(1) The Minister must keep a register in accordance with this section.

(2) The register is to be in a form determined by the Minister.

(3) The Minister must record in the register—

(a) the address of each residential premises to which an order or notice under Part 3 applies; and

(b) in the case of residential premises to which a rent control notice applies—the maximum rent fixed for the premises; and

(4) The register must be kept available for inspection, without fee, by members of the public—

(a) during ordinary office hours at a public office, or public offices, determined by the Minister; and

(b) on a website determined by the Minister.

(5) The Minister may, in his or her absolute discretion, exclude particular details in the register from inspection by members of the public.

(6) A member of the public may, on payment of the fee fixed by regulation, obtain a copy of any part of a register.

Part 7—Miscellaneous

66—Contract to avoid Act

(1) An agreement or arrangement that is inconsistent with this Act or purports to exclude, modify or restrict the operation of this Act, is (unless the inconsistency, exclusion, modification or restriction is expressly permitted under this Act) to that extent void.

(2) A purported waiver of a right under this Act is void.

(3) A person who enters into an agreement or arrangement to defeat, evade or prevent the operation of this Act (directly or indirectly) is guilty of an offence.

Maximum penalty: $10 000.

67—Protection from liability

(1) No civil or criminal liability will attach to an authorised officer or other person engaged in the administration of this Act for an act or omission in good faith—

(a) in the exercise or discharge, or purported exercise or discharge, of a power, function or duty under this Act; or

(b) in the carrying out of any direction or requirement given or imposed in accordance with this Act.

(2) A liability that would, but for subsection (1), lie against a person lies instead against the Crown.

68—Offences by bodies corporate

(1) If a body corporate is guilty of an offence against this Act, each director and the manager of the body corporate are guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the director or the manager (as the case may be) proves that he or she could not by the exercise of due diligence have prevented the commission of the offence.

(2) A person referred to in this section may be prosecuted and convicted of an offence against this section whether or not the body corporate has been prosecuted or convicted of the principal offence committed by the body corporate.

69—Tribunal may exempt agreement or premises from provision of Act

(1) The Tribunal may, on application by an interested person, if the Tribunal considers it necessary or desirable in the circumstances, order that a provision of this Act will not apply in relation to a prescribed residential tenancy agreement or prospective prescribed residential tenancy agreement or to particular residential premises occupied under a prescribed residential tenancy agreement, or will apply in a modified manner (and the order will have effect accordingly).

(2) An order may be made on conditions that the Tribunal considers appropriate.

(3) A person must not contravene a condition of an order.

Maximum penalty: $2 500.

70—Service

(1) An order, notice or other document required or authorised to be given to a person under this Act may—

(a) in the case of a tenant, subtenant or occupier of residential premises, be given to the person—

(i) personally; or

(ii) by leaving it for the person at the premises with someone apparently over the age of 18 years; or

(iii) by posting it to the person at the premises; or

(iv) by transmitting it to the person by fax or email to a fax number or email address provided by the person for the purposes of service under this Act (in which case the notice or document will be taken to have been given or served at the time of transmission); or

(v) by fixing it on a conspicuous part of the premises; or

(vi) by giving it in some other manner permitted by the Tribunal;

(b) in any other case, be given to the person, or an agent of the person—

(i) personally; or

(ii) by leaving it for the person, or agent of the person, at the person's or agent's place of residence, employment or business with someone apparently over the age of 18 years; or

(iii) by posting it to the person, or agent of the person, at the person's or agent's last known place of residence, employment or business; or

(iv) by transmitting it to the person, or agent of the person, by fax or email to a fax number or email address provided by the person or agent for the purposes of service under this Act (in which case the notice or document will be taken to have been given or served at the time of transmission).

(2) If 2 or more persons are owners, occupiers, landlords, tenants or subtenants of residential premises, an order, notice or other document is duly given if given to any one of them.

(3) An order, notice or other document required or authorised to be given to an occupier or subtenant under this Act need not address the occupier or subtenant by name.

71—False or misleading information

A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information furnished, or record kept, under this Act.

Maximum penalty: $20 000.

72—Continuing offences

(1) If an offence against a provision of this Act is committed by a person by reason of a continuing act or omission—

(a) the person is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continues of not more than an amount equal to one-fifth of the maximum penalty prescribed for that offence; and

(b) if the act or omission continues after the person is convicted of the offence, the person is guilty of a further offence against that provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continues after that conviction of not more than an amount equal to one-fifth of the maximum penalty prescribed for that offence.

(2) For the purposes of this section, an obligation to do something is to be regarded as continuing until the act is done regardless of whether any period within which, or time before which, the act is required to be done has expired or passed.

73—Commencement of proceedings for summary offences

(1) Proceedings for an offence against this Act may only be commenced by—

(a) the Minister; or

(b) an authorised officer.

(2) Proceedings for an offence against this Act may be commenced at any time within 3 years after the date of the alleged commission of the offence or, with the authorisation of the Attorney-General, at any later time after the date of the alleged commission of the offence.

(3) An apparently genuine document purporting to be signed by the Attorney-General authorising the commencement of proceedings under this Act must be accepted in legal proceedings, in the absence of proof to the contrary, as proof of the authorisation.

74—Orders in respect of contraventions

(1) If, in proceedings for an offence under this Act, the court finds that the defendant contravened this Act and the contravention has resulted in injury or loss to a person, or damage to property of the person, the court may, in addition to any penalty it may impose, do one or more of the following:

(a) order the defendant to take specified action to prevent further injury or loss to the person, or damage to property of the person;

(b) order the defendant to pay—

(i) to any public authority that has incurred costs or expenses in taking action to prevent the injury, loss or damage; and

(ii) to any person who has suffered injury or loss, or damage to property, as a result of the contravention, or incurred costs or expenses in taking action to prevent such injury, loss or damage,

the reasonable costs and expenses so incurred, or compensation for the injury, loss or damage suffered, as the case may be, in such amount as is determined by the court.

(2) If a person is found by a court to have contravened this Act, the court may, in addition to any penalty it may impose, order the person to pay to the Minister an amount not exceeding the court's estimation of the amount of the economic benefit acquired by the person, or accrued or accruing to the person, as a result of the contravention.

(3) For the purposes of subsection (2), an economic benefit obtained by delaying or avoiding costs will be taken to be an economic benefit acquired as a result of a contravention if the contravention can be attributed (in whole or in part) to that delay or avoidance.

(4) The court may, by an order under this section, fix a period for compliance and impose any other requirements the court considers necessary or expedient for enforcement of the order.

(5) An amount paid to the Minister in accordance with an order under subsection (2) must be paid into the consolidated account.

(6) In this section—

public authority includes a Minister, statutory authority or council.

75—Recovery from related bodies corporate

If—

(a) an amount is payable by a body corporate pursuant to this Act or an order of a court made under this Act; and

(b) at the time of the contravention giving rise to that liability, that body and another body were related bodies corporate,

the related bodies corporate are jointly and severally liable to make the payment.

76—Joint and several liability

Where an amount is recoverable by the Minister from 2 or more persons under a provision of this Act, the provision is to be construed as if those persons were jointly and severally liable to pay the amount to the Minister.

77—Evidentiary provisions

(1) In any proceedings, a certificate executed by the Minister certifying as to a matter relating to—

(a) the appointment or non-appointment of a person as an authorised officer under this Act; or

(b) a delegation or authority under this Act; or

(d) any other decision of the Minister; or

(e) the receipt or non-receipt by the Minister of a notification or information required to be given or furnished to the Minister under this Act,

constitutes proof, in the absence of proof to the contrary, of the matters so certified.

(2) In any proceedings for the recovery of reasonable costs and expenses incurred by the Minister or a person or body authorised by the Minister to take action under this Act, a certificate executed by the Minister detailing the costs and expenses and the purpose for which they were incurred constitutes proof, in the absence of proof to the contrary, of the matters so certified.

(3) An apparently genuine document purporting to be an order, notice, authorisation, certificate or other document, or a copy of an order, notice, authorisation, certificate or other document, issued or executed—

(a) by the Minister or an authorised officer under this Act; or

(b) a person or body authorised by the Minister for the purpose of recovering costs and expenses incurred by the person or body under this Act,

will be accepted as such in the absence of proof to the contrary.

78—Regulations

(1) The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.

(2) Without limiting the generality of subsection (1), those regulations may—

(a) prescribe fees and expenses in connection with any matter arising under this Act, which may be of varying amounts according to factors prescribed by regulation; and

(b) provide for the payment and recovery of prescribed fees and expenses; and

(d) exempt, either unconditionally or subject to conditions—

(i) a class of persons; or

(ii) an entity; or

(iii) circumstances; or

(iv) a part of the State,

from this Act or specified provisions of this Act; and

(e) prescribe penalties, not exceeding $10 000, for breach of any regulation; and

(f) fix expiation fees, not exceeding $500, for alleged offences against the regulations.

(3) The regulations may—

(a) be of general application or limited application; and

(b) make different provision according to the persons, things or circumstances to which they are expressed to apply; and

(c) refer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a body specified in the regulations, as in force from time to time or as in force at a specified time; and

(d) provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister or another prescribed person or body.

Schedule 1—Related amendments, repeal and transitional provisions

Part 1—Preliminary

1—Amendment provisions

In this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Residential Parks Act 2007

2—Amendment of section 3—Interpretation

(1) Section 3(1), definition of housing improvement notice—delete the definition and substitute:

housing assessment order has the same meaning as in the Housing Improvement Act 2013;

housing demolition order has the same meaning as in the Housing Improvement Act 2013;

housing improvement order has the same meaning as in the Housing Improvement Act 2013;

(2) Section 3(1), after the definition of motor vehicle insert:

notice to vacate has the same meaning as in the Housing Improvement Act 2013;

(3) Section 3(1), after the definition of personal documents insert:

preliminary rent control notice has the same meaning as in the Housing Improvement Act 2013;

(4) Section 3(1), after the definition of rent insert:

rent control notice has the same meaning as in the Housing Improvement Act 2013;

3—Amendment of section 21—Variation of rent

(1) Section 21(3)—delete "the maximum rent for the rented property has been fixed by a housing improvement notice, and the notice is revoked" and substitute:

a rent control notice that has applied in respect of the rented property ceases to be in force

(2) Section 21(3)—delete "revocation of the housing improvement notice" and substitute:

the rent control notice ceases to be in force

4—Amendment of section 35—Park owner's obligation to repair

(1) Section 35(3)—delete subsection (3) and substitute:

(3) However, the park owner will not be regarded as being in breach of the obligation to repair unless the park owner—

(a) has notice of the defect requiring repair; and

(b) fails to act with reasonable diligence to have the defect repaired.

(2) Section 35(5)—delete subsection (5)

5—Amendment of section 40—Residential park tenancy agreement—right of entry

Section 40—after paragraph (e) insert:

(ea) the entry is made for the purpose of carrying out the requirements of a housing assessment order or housing improvement order at a reasonable time of which the resident has been given at least 48 hours notice; or

6—Amendment of section 52—Termination of residential park agreement

Section 52—after paragraph (d) insert:

(da) the tenancy terminates by force of a notice to vacate issued in respect of the property; or

7—Amendment of section 55—Limitation of right to terminate

(1) Section 55(1)(a)—delete paragraph (a) and substitute:

(a) rented property—

(i) has, within the preceding 6 months, been the subject of an inspection by an authorised officer within the meaning of the Housing Improvement Act 2013 in connection with the administration or enforcement of that Act; or

(ii) is subject to a housing assessment order, housing improvement order, housing demolition order, preliminary rent control notice or rent control notice; or

(2) Section 55—after subsection (2) insert:

(2a) This section does not apply if a notice to vacate applies in respect of the rented property.

8—Amendment of section 60—Termination where periodic tenancy and no specified ground of termination

Section 60(2)(a)—delete paragraph (a) and substitute:

(a) a housing assessment order, housing improvement order, housing demolition order, preliminary rent control notice or rent control notice applies in respect of the rented property; or

9—Amendment of section 85—Repossession of rented property

Section 85—after paragraph (a) insert:

(ab) the person is authorised to take possession of the rented property by force of a notice to vacate issued in respect of the rented property; or

10—Amendment of heading to Part 9 Division 7

Heading to Part 9 Division 7—delete the heading and substitute:

Division 7—Enforcement of orders for possession or notice to vacate

11—Insertion of section 87A

After section 87 insert:

87A—Enforcement of notice to vacate

If a notice to vacate issued in respect of rented property has not been complied with, the registrar or a deputy registrar of the Tribunal must, at the written or oral request of the owner of the rented property or the Minister responsible for the administration of the Housing Improvement Act 2013, direct a bailiff of the Tribunal to enforce the notice in the same manner as an order for possession of rented property under section 87.

Part 3—Amendment of Residential Tenancies Act 1995

12—Amendment of section 3—Interpretation

(1) Section 3(1), definition of housing improvement notice—delete the definition and substitute:

housing assessment order has the same meaning as in the Housing Improvement Act 2013;

housing demolition order has the same meaning as in the Housing Improvement Act 2013;

housing improvement order has the same meaning as in the Housing Improvement Act 2013;

(2) Section 3(1), after the definition of no premium retirement village insert:

notice to vacate has the same meaning as in the Housing Improvement Act 2013;

(3) Section 3(1), after the definition of personal documents insert:

preliminary rent control notice has the same meaning as in the Housing Improvement Act 2013;

(4) Section 3(1), after the definition of rent insert:

rent control notice means a notice under Part 3 Division 3 of the Housing Improvement Act 2013 fixing the maximum rent payable for premises;

13—Amendment of section 55—Variation of rent

(1) Section 55(2)(c)(i)—delete "the maximum rent for the premises has been fixed by a housing improvement notice, and the notice is revoked" and substitute:

a rent control notice that has applied in respect of the rented property ceases to be in force

(2) Section 55(2)(c)(i)—delete "revocation of the housing improvement notice" and substitute:

the rent control notice ceases to be in force

14—Amendment of section 68—Landlord's obligation to repair

(1) Section 68(2)(c)—delete paragraph (c)

(2) Section 68(4)—delete subsection (4)

15—Amendment of section 70—Alteration of premises

Section 70—after subsection (1a) insert:

(1b) Subsection (1) does not apply in relation to an alteration or addition required under a housing improvement order or a housing demolition order that the tenant has been authorised to carry out under section 18 of the Housing Improvement Act 2013 by the Minister responsible for the administration of that Act.

16—Amendment of section 72—Right of entry

Section 72(1)—after paragraph (e) insert:

(ea) to carry out the requirements of a housing assessment order or housing improvement order at a reasonable time of which the tenant has been given at least 48 hours notice; or

17—Amendment of section 79—Termination of residential tenancy

Section 79—after paragraph (e) insert:

(ea) the tenancy terminates by force of a notice to vacate issued in respect of the premises; or

18—Amendment of section 83—Termination by landlord without specifying a ground of termination

Section 83(2)(a)(ii)—delete subparagraph (ii) and substitute:

(ii) a housing assessment order, housing improvement order, housing demolition order, preliminary rent control notice or rent control notice applies in respect of the premises; or

19—Amendment of section 84—Limitation of right to terminate

(1) Section 84(1)—delete subsection (1) and substitute:

(1) If—

(a) premises to which a residential tenancy agreement applies—

(i) have, within the preceding 6 months, been the subject of an inspection by an authorised officer within the meaning of the Housing Improvement Act 2013 in connection with the administration or enforcement of that Act; or

(ii) are subject to a housing assessment order, housing improvement order, housing demolition order, preliminary rent control notice or rent control notice; or

(b) an order is in force under section 56 (Excessive rent) in respect of the premises or proceedings for such an order have been commenced,

the landlord may only terminate the tenancy by notice of termination under this Part if the notice of termination is given on 1 or more grounds prescribed by regulation for the purposes of this subsection and the Tribunal authorises the notice of termination.

(2) Section 84(3)(b)—after "rent" insert:

lawfully owed to the landlord

(3) Section 84—after subsection (3) insert:

(4) This section does not apply if a notice to vacate applies in respect of the premises.

20—Amendment of section 95—Repossession of premises

Section 95—after paragraph (a) insert:

(ab) the person is authorised to take possession of the premises by force of a notice to vacate issued in respect of the premises; or

21—Insertion of section 99AA

After section 99 insert:

99AA—Enforcement of notice to vacate

If a notice to vacate issued in respect of premises has not been complied with, the registrar or a deputy registrar of the Tribunal must, at the written or oral request of the owner of the premises or the Minister responsible for the administration of the Housing Improvement Act 2013, direct a bailiff of the Tribunal to enforce the notice in the same manner as an order for possession of premises under section 99.

22—Amendment of section 105I—Rent increases

Section 105I(3)—delete subsection (3) and substitute:

(3) If a rent control notice that has applied in respect of the rooming house ceases to be in force, the proprietor may, by notice given under this section within 4 weeks after the rent control notice ceases to be in force, increase the rent for accommodation at the rooming house from a date falling at least 14 days after the notice is given.

23—Amendment of section 105P—Obligation to repair and keep room and premises clean

Section 105P(3)—delete subsection (3) and substitute:

(3) However, the proprietor will not be regarded as being in breach of the obligation to repair unless the proprietor—

(a) has notice of the defect requiring repair; and

(b) fails to act with reasonable diligence to have the defect repaired.

Part 4—Repeal of Housing Improvement Act 1940

24—Repeal of Act

The Housing Improvement Act 1940 is repealed.

Part 5—Transitional provisions

25—Interpretation

In this Part—

repealed Act means the Housing Improvement Act 1940.

26—Declarations by councils that houses unfit for habitation

A declaration under section 23(1) of the repealed Act that a house is undesirable or unfit for human habitation and in force immediately before the commencement of this clause continues, on that commencement, as if it were a housing improvement order issued under section 13 of this Act in respect of residential premises.

27—Notice of intention to declare house sub-standard

(1) A notice under section 52(1) of the repealed Act—

(a) stating that the housing authority intends to declare a house to be sub-standard; and

(b) in force immediately before the commencement of this clause,

continues, on that commencement, as if it were a housing improvement order issued in respect of residential premises under section 13 of this Act.

(2) Any unexpired appeal period under the notice immediately before the commencement of this clause will continue, on that commencement, in relation to the housing improvement order, as if it were the period during which the person to whom it is issued may appeal against the order to the District Court under section 30 of this Act (despite the fact that the period may exceed 28 days).

(3) In this clause—

appeal period, in relation to a notice under section 52(1) of the repealed Act, means the period fixed in the notice during which the person served with the notice may submit to the housing authority (within the meaning of that Act) any matters that the person wishes the housing authority to consider before making a declaration under section 52(3) of that Act.

28—Notice declaring house to be sub-standard

(1) A notice under section 52(3) of the repealed Act—

(a) declaring a house to be sub-standard for the purposes of Part 7 of that Act; and

(b) in force immediately before the commencement of this clause,

continues, on that commencement, as if it were a housing improvement order issued in respect of residential premises to the owner of the premises under section 13 of this Act.

(3) In this clause—

appeal period, in relation to a notice under section 52(3) of the repealed Act, means the period (referred to in section 53(1) of the repealed Act) of 1 month from the publication of the notice in the Gazette during which the owner or registered mortgagee of the house may appeal against the declaration in the notice to the Administrative and Disciplinary Division of the District Court.

29—Notice fixing maximum rental

(1) A notice under section 54 of the repealed Act fixing the maximum rental payable in respect of a house and in force immediately before the commencement of this clause continues, on that commencement, as if it were a rent control notice made under this Act in respect of residential premises.

(2) A notice that continues as a rent control notice by virtue of subclause (1) is subject to the same terms and conditions as applied under the notice as in force immediately before the commencement of this clause.

30—Notice fixing maximum rental for partial letting or subletting

(1) A notice under section 57 of the repealed Act fixing the maximum rental payable in respect of the letting or subletting of part of a house and in force immediately before the commencement of this clause continues, on that commencement, as if it were a rent control notice made under this Act in respect of residential premises.

31—Notice fixing maximum rental for furniture

(1) A notice under section 58 of the repealed Act fixing the maximum rental payable that includes payments for the use of furniture and in force immediately before the commencement of this clause continues, on that commencement, as if it were a rent control notice made under this Act in respect of residential premises.

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