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CLAUSE NOTES
Residential Tenancy Amendment (Smoke Alarms) Bill
2012
Clause 1: Short title
The Act is referred to as the Residential
Tenancy Amendment (Smoke Alarms) Act 2012.
Clause 2: Commencement
Provides that the Act commences on a day or
days to be proclaimed.
Clause 3: Principal Act
Provides that the Residential Tenancy Act 1997
is the Principal Act.
Clause 4: Part 3A inserted
Inserts a new Part 3A that provides as follows:
Section 36B Interpretation of Part 3A
Defines the meaning of `smoke alarm' and
`tenanted premises'.
Section 36C Smoke Alarms
Requires an owner of tenanted premises to
ensure that smoke alarms are in place in the
premises, in accordance with any prescribed
requirements, while a tenant is in possession of
the premises under a residential tenancy
agreement.
This provision also enables the following
requirements to be prescribed by regulation:
The class or classes of tenanted premises
in which smoke alarms are required to be
in place;
The type or types of smoke alarms
required to be in place;
Any standards or codes with which
smoke alarms must comply; and
Where in premises smoke alarms must
be located.
Section 36D Maintenance, &c., of
smoke alarms
Provides that an owner and/or a tenant must
not, without reasonable excuse, fail to comply
with any prescribed requirement in relation to
an owner or tenant regarding a smoke alarm
that is required to be in place under section
36C.
This provision also enables requirements to be
prescribed in relation to owners and tenants in
relation to the maintenance, cleaning and
testing of smoke alarms, the replacement or
repair of smoke alarms, the replacement of
batteries used to power smoke alarms and the
giving of notice to an owner that a smoke
alarm had ceased to function properly or at all.
Section 36E Defences
Provides that it is a defence to a charge of
committing an offence under section 36C or
section 36D that another person to whom that
provision applied had satisfied the requirement
of that provision. This is intended to apply to
situations where there are joint owners or
tenants and one or more owners or tenants
have failed to satisfy a requirement of these
provisions but another owner or tenant has
satisfied such a requirement.
This provision also provides that it is not a
defence to a charge against section 36C or
section 36D that another person to whom that
provision applied had failed to satisfy the
requirements of that provision.
Section 36F Removal or interference
with smoke alarms
Provides that a person must not remove or
interfere with the operation of a smoke alarm
that is in place as required under section 36C.
However, this provision provides that it is a
defence to a charge under this provision if the
smoke alarm was removed to enable it to be
repaired, maintained or replaced and the
smoke alarm was removed for no longer than
necessary to enable it to be repaired,
maintained or replaced.
This provision also provides that a person
must not wilfully cause a smoke alarm that is in
place as required under section 36C to
malfunction or cease to operate effectively.
Section 36G Right to install smoke
alarms in strata title units
Provides that nothing in the Strata Titles Act
1988 or any regulations or body corporate
rules made under that Act prevents the owner
from installing, or requires the owner to obtain
the permission of a body corporate to install,
smoke alarms as required under section 36C,
conduct any works necessary to enable smoke
alarms to be installed under that section or
install any object necessary to enable smoke
alarms to be installed or operate as required
under that section.
Section 36H Power of Commissioner
to order compliance with this Part
Provides that the Residential Tenancy
Commissioner may make an order requiring a
party to a residential tenancy agreement to
comply with a provision of this Part. An order
made by the Commissioner may be enforced in
the same manner as an order by a Magistrate
under the Magistrates Court (Civil Division) Act
1992.
Clause 5: Repeal of the Act
Provides for the repeal of the Act on the
ninetieth day from commencement.