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RESIDENTIAL TENANCIES AMENDMENT ACT 2010 (NO. 67 OF 2010)


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Principal Act  

   PART 2--AMENDMENTS TO PARTS 1 AND 4 OF THE PRINCIPAL ACT

           Division 1--Amendments to Part 1--Preliminary

   4.      Purposes  
   5.      Definitions  

           Division 2--Amendments to Part 1--Residential Tenancies--Tenancy agreements

   6.      Application of Act to site agreements  
   7.      Application for exemption  
   8.      Order of Tribunal  

           Division 3--Amendments to Part 4--Caravan parks and movable dwellings--Residency rights and duties

   9.      New Division 1AA of Part 4 inserted  

   PART 3--NEW PART 4A

   10.     New Part 4A inserted  

   PART 4--AMENDMENTS CONSEQUENTIAL ON NEW PART 4A

           Division 1--Amendments to Part 5--Compensation and compliance

   11.     Definitions in Part 5  
   12.     Breach of duty notice  
   13.     Tribunal must hear application urgently  
   14.     New section 210B inserted  
   15.     Matters which may be considered by Tribunal  
   16.     Orders of Tribunal  
   17.     New section 213AA inserted  
   18.     Application for payment of rent arrears or hiring charge arrears from bond  
   19.     Application to Tribunal for loss or damage  
   20.     New section 214A inserted  
   21.     What powers does a court have to award compensation?  

           Division 2--Amendments to Part 6--Termination

   22.     New Division 3A of Part 6  
   23.     Form of notice of intention to vacate  
   24.     Form of notice to vacate  

           Division 3--Amendments to Part 7--Regaining possession--possession orders and warrants

   25.     New section 324A inserted  
   26.     Application for possession order by mortgagee  
   27.     Time for application  
   28.     Applications where composite notice to vacate is given  
   29.     Order of Tribunal  
   30.     Order to be dismissed or adjourned in certain circumstances  
   31.     Order not to be made in certain circumstances  
   32.     Contents of possession order  
   33.     Effect of possession order  
   34.     Issue of warrant of possession  
   35.     Postponement of issue of warrant in certain cases  
   36.     Immediate issue of warrant if failure to comply during postponement  
   37.     Offence to re-enter rooming house, site or caravan  

           Division 4--Amendments to Part 8--Violence on certain premises

   38.     Definitions for Part 8  
   39.     What happens if a notice to leave is given?  
   40.     Offence to re-enter premises during suspension  
   41.     Urgent application to Tribunal  
   42.     What can the Tribunal order?  
   43.     Offence to allow occupation of premises pending application or hearing  
   44.     Notice to leave prohibited  

           Division 5--Amendments to Part 9--Goods left behind by tenants and residents

   45.     Goods left behind  
   46.     Application of Part 9  
   47.     Definitions for Part 9  
   48.     What happens if personal documents are left behind?  
   49.     Reclaiming personal documents before disposal  
   50.     New section 388A inserted  
   51.     Rightful owner may reclaim stored goods before sale  
   52.     What if a caravan owned by a resident is abandoned on site?  
   53.     New section 390A inserted  
   54.     Purchaser takes good title  
   55.     What if proceeds of sale are not sufficient to cover costs?  
   56.     What if goods or documents are disposed of in contravention of this Part?  
   57.     What if goods or documents are wrongfully retained?  
   58.     What if goods or documents are damaged or lost?  
   59.     What if stored goods have been sold in accordance with this Part?  
   60.     What if personal documents are disposed of in accordance with section 381?  

           Division 6--Amendments to Part 10--Bonds and the Residential Tenancies Bond Authority

   61.     Definitions for Part 10  

           Division 7--Amendments to Part 11--Functions of the Tribunal

   62.     Jurisdiction of Tribunal  
   63.     General applications to the Tribunal  
   64.     General applications to the Tribunal  
   65.     General power of Tribunal to make determinations  

           Division 8--Amendments to Parts 12 and 13--Administration and General

   66.     Functions of Director  
   67.     Offence to make false representation  
   68.     Offence to persuade person not to exercise rights or take proceedings  
   69.     Offence to aid, abet, counsel or procure commission of offence  
   70.     Certain penalties prohibited  
   71.     Service of documents  
   72.     Application to Supreme Court, County Court or Magistrates' Court  
   73.     Regulations  

   PART 5--ROOMING HOUSES AMENDMENTS

   74.     New section 102A inserted  
   75.     New section 131A inserted  
   76.     New Division 8 of Part 3 inserted  
   77.     New Division 9 of Part 3 inserted  
   78.     Application for compensation or compliance order for breach of duty  
   79.     New section 289A inserted  
   80.     New section 323A inserted  
   81.     Consequential amendments—regaining possession  
   82.     New section 399A inserted  
   83.     Functions of Director  
   84.     Application of provisions of Fair Trading Act 1999  

   PART 6--CARAVAN PARKS AND MOVABLE DWELLINGS

   85.     New section 515A inserted  
   86.     New Division 3A of Part 14 inserted  
   87.     Authorised persons  
   88.     Powers of entry and inspection  
   89.     New section 526A inserted  

   PART 7--RESIDENTIAL TENANCY DATABASES

   90.     New Part 10A inserted  

   PART 8--MISCELLANEOUS AMENDMENTS

           Division 1--Penalties and offences

   91.     Tenancy agreements to be in standard form  
   92.     Copy of agreement to be made available to tenant  
   93.     Tenants with children  
   94.     What is the maximum bond?  
   95.     Not more than one bond is payable in respect of continuous occupation  
   96.     Condition report  
   97.     Certain guarantees prohibited  
   98.     Limit on rent in advance  
   99.     Rent in advance under weekly tenancy agreement  
   100.    Receipts for rent  
   101.    Tenant's good not to be taken for rent  
   102.    Application and holding deposits  
   103.    Certain charges prohibited  
   104.    Landlord must not seek overpayment for utility charge  
   105.    Landlord must give tenant certain information  
   106.    Landlord cannot ask for fee for giving consent  
   107.    Offence relating to entering rented premises  
   108.    Notice to resident of residency right  
   109.    Consent required for increase in room capacity  
   110.    What is the maximum bond?  
   111.    Condition report  
   112.    Limit on rent in advance  
   113.    Receipts for rent  
   114.    Resident's goods not to be taken for rent  
   115.    Display of statement of rights and house rules  
   116.    Owner to give additional information  
   117.    Duties relating to house rules  
   118.    Offence relating to entering room occupied by resident  
   119.    Caravan park owner to notify prospective resident of rights  
   120.    Payment of bond  
   121.    What is the maximum bond?  
   122.    Condition report  
   123.    Limit on rent or hiring charge in advance  
   124.    Receipts for rent or hiring charge  
   125.    Resident's goods not to be taken for rent or hiring charges  
   126.    Owner must not seek overpayment for utility charges  
   127.    Statement of rights and copy of park rules  
   128.    Statement of scale of certain charges, fees and commissions  
   129.    Owner to give additional information  
   130.    Duties relating to caravan park rules  
   131.    Sale of caravan  
   132.    Offence relating to entering a site or caravan occupied by a resident  
   133.    Section 229 substituted  
   134.    Prohibition on letting premises after notice  
   135.    Offences relating to interference with rights  
   136.    Rent payable on termination without notice  
   137.    Prohibition on renting after notice  
   138.    Offences relating to interference with rights  
   139.    Rent or hiring charge payable on termination without notice  
   140.    Prohibition on hiring of caravans or renting of sites after notice  
   141.    Offence to re-enter rooming house, site or caravan  
   142.    Offence to give notice to leave or purported notice to leave without reasonable grounds  
   143.    Offence to remain on premises if given notice to leave  
   144.    Offence to re-enter premises during suspension  
   145.    Notice to principal registrar  
   146.    Offence to allow occupation of premises pending application or hearing  
   147.    Reclaiming personal documents before disposal  
   148.    Rightful owner may reclaim stored goods before sale  
   149.    Bond lodgement form  
   150.    Duty to pay bond to Authority  
   151.    Notice of assignment or transfer by landlord  
   152.    Notice of assignment or transfer by tenant  
   153.    Tenant must not use bond as rent  
   154.    Offence to fail to comply with determination of Tribunal  
   155.    Confidentiality  
   156.    Offence to make false representation—tenancy agreement or residency right  
   157.    Offence to persuade person not to exercise rights or take proceedings  
   158.    Offence to aid, abet, counsel or procure commission of offence  
   159.    Offence to give false information  
   160.    Certain penalties prohibited  
   161.    Application of provisions of Fair Trading Act 1999  
   162.    Regulations  
   163.    Additional powers  
   164.    Compliance notice  
   165.    Closure order  

           Division 2--Miscellaneous amendments to Principal Act

   166.    Definition of GST  
   167.    Urgent repairs to rented premises and applications to Tribunal  
   168.    Urgent repairs to rooming house and applications to Tribunal  
   169.    Urgent repairs to caravans and applications to Tribunal  
   170.    Regulations  

   PART 9--CONSEQUENTIAL AMENDMENTS TO OTHER ACTS

           Division 1--Duties Act 2000

   171.    Powers of the Director in relation to proceedings on behalf of consumers  

           Division 2--Fair Trading Act 1999

   172.    Powers of the Director in relation to proceedings on behalf of consumers  
   173.    Proceedings and costs  

   PART 10--REPEAL OF AMENDING ACT

   174.    Repeal of amending Act  
           ENDNOTES


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