(1) This section applies to an SDA provider if—
(a) immediately before the commencement day—
(i) a residential rental agreement is in force between the SDA provider and an SDA resident in respect of an SDA dwelling; and
(ii) the SDA resident has not been given an information statement under section 498D; and
(b) on or after the commencement day—
(i) the SDA resident has not been given a notice to vacate under Division 9 of Part 2; or
(ii) if the SDA resident has at any time been given a notice to vacate under Division 9 of Part 2, either—
(A) the SDA provider withdraws the notice under section 91ZZQ; or
(B) the Tribunal determines that the notice to vacate is not valid.
Note
See also section 26(3) and the definition of residential rental agreement in section 3(1).
(2) The SDA provider must, within 6 months after the commencement day—
(a) give the SDA resident an information statement in the form approved by the Director under section 498D; and
(b) offer the SDA resident the choice to enter into or establish an SDA residency agreement with the SDA provider.
Penalty: 300 penalty units in the case of a natural person;
750 penalty units in the case of a body corporate.
Note
Section 498E imposes obligations on persons providing information to an SDA resident under this Part to explain the contents of the information to the SDA resident.
(3) If an SDA provider enters into or establishes an SDA residency agreement with an SDA resident in respect of an SDA dwelling that commences before the term of a residential rental agreement between the SDA provider and SDA resident in respect of that SDA dwelling ends, that residential rental agreement is taken to terminate immediately before the SDA residency agreement comes into operation.
(4) For the purposes of section 91B, if a residential rental agreement is taken to terminate under subsection (3), it is taken to have been terminated in accordance with Division 9 of Part 2.
(5) In this section—
"commencement day" means the day on which section 144 of the Disability and Social Services Regulation Amendment Act 2023 comes into operation.
S. 498DA inserted by No. 19/2019 s. 154.