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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
RESIDENTIAL TENANCY AMENDMENT BILL
2010
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 5 amended (Application of Act)
6. Section 6 amended (Non-application of Act)
7. Part 3, Division 1A inserted
Division 1A - Residential management agreements
16A. Residential management agreement
8. Section 27 substituted
27. Claim form for disbursement of security deposit
9. Section 29B amended (Claim by tenant)
10. Section 29D amended (Claim by deposit contributor)
11. Section 29DA inserted
29DA. Referral by Authority to Commissioner
12. Section 49 amended (Subletting)
13. Section 68A inserted
68A. Transitional and savings provisions consequent on
Residential Tenancy Amendment Act 2010
14. Repeal of Act
[Bill 45]-IV
2
RESIDENTIAL TENANCY AMENDMENT BILL
2010
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
14 October 2010
(Brought in by the Minister for Corrections and Consumer
Protection, the Honourable Nicholas James McKim)
A BILL FOR
An Act to amend the Residential Tenancy Act 1997
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Residential
Tenancy Amendment Act 2010.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 45] 3
Residential Tenancy Amendment Act 2010
Act No. of
s. 3
3. Principal Act
In this Act, the Residential Tenancy Act 1997* is
referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
inserting after the definition of "rent" the
following definition:
"residential manager" means a person who
enters into a residential management
agreement with the owner of residential
premises under section 16A;
5. Section 5 amended (Application of Act)
Section 5 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) This Act applies to an approved rental
dwelling within the meaning of the
National Rental Affordability Scheme
Regulations 2008 of the Commonwealth.
*No. 82 of 1997
4
Residential Tenancy Amendment Act 2010
Act No. of
s. 6
6. Section 6 amended (Non-application of Act)
Section 6(2)(d) of the Principal Act is amended
by omitting "an educational institution," and
substituting "a".
7. Part 3, Division 1A inserted
After section 16 of the Principal Act, the
following Division is inserted in Part 3:
Division 1A - Residential management agreements
16A. Residential management agreement
(1) A residential management agreement
exists where the owner of residential
premises agrees in writing with a person
that the person will perform the functions
of that owner under this Act.
(2) Subject to subsection (4), where a
residential management agreement is in
force -
(a) the residential manager is taken
to be the owner of the premises
for the purposes of this Act; and
(b) this Act does not apply to the
owner of the premises in his or
her capacity as owner.
(3) Where a residential manager grants a
right of occupancy of residential
5
Residential Tenancy Amendment Act 2010
Act No. of
s. 8
premises to a person, the person is a
tenant for the purposes of this Act.
(4) Where a residential manager dies,
becomes insolvent or is unable to be
located or, in the case of a company, is
wound up, whilst a residential
management agreement is in force, the
residential manager is no longer taken to
be the owner of the premises for the
purposes of this Act.
8. Section 27 substituted
Section 27 of the Principal Act is repealed and
the following section is substituted:
27. Claim form for disbursement of security
deposit
A claim form for the disbursement of a
security deposit is to be in a form
approved by the Director of Consumer
Affairs and Fair Trading.
9. Section 29B amended (Claim by tenant)
Section 29B(2) of the Principal Act is amended
by omitting "a copy" and substituting "notice of
receipt".
6
Residential Tenancy Amendment Act 2010
Act No. of
s. 10
10. Section 29D amended (Claim by deposit
contributor)
Section 29D(2) of the Principal Act is amended
by omitting "a copy" and substituting "notice of
receipt".
11. Section 29DA inserted
After section 29D of the Principal Act, the
following section is inserted in Division 3:
29DA. Referral by Authority to Commissioner
The Authority may refer to the
Commissioner any claim lodged under
section 29B, 29C or 29D.
12. Section 49 amended (Subletting)
Section 49 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsections:
(1) The tenant is not to sublet residential
premises -
(a) without the consent of the owner
of the premises; and
(b) unless the tenant is also an
occupier of the premises.
7
Residential Tenancy Amendment Act 2010
Act No. of
s. 13
(1A) An agreement to sublet residential
premises in contravention of
subsection (1) is invalid.
13. Section 68A inserted
After section 68 of the Principal Act, the
following section is inserted in Part 5:
68A. Transitional and savings provisions
consequent on Residential Tenancy
Amendment Act 2010
The amendments made by the
Residential Tenancy Amendment Act
2010 do not apply in respect of a
residential tenancy agreement that was in
force immediately before the day on
which that Act commenced until 12
months after that day.
14. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which it commences.
8 Government Printer, Tasmania