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RESIDENTIAL TENANCIES AMENDMENT ACT 2010 (NO. 67 OF 2010) - SECT 6

Application of Act to site agreements

    (1)     In the heading to Division 2 of Part 1 of the Principal Act, for " and rooming houses " substitute ", rooming houses and site agreements ".

    (2)     After Subdivision 3 of Division 2 of Part 1 of the Principal Act insert

" Subdivision 4—Application to site agreements

        23A     Application of Act to assignees and transferees

This Act applies to a person to whom the rights and duties of—

        (a)     a site owner under a site agreement; or

        (b)     a site tenant under a site agreement—

have been assigned or transferred or have passed by operation of law in the same manner as this Act applies to the person by whom the rights were assigned or transferred or from whom the rights and duties have passed by operation of law.

23B     Site agreements exceeding 5 years

This Act applies to a site agreement whether or not the initial term of the site agreement exceeds 5 years.

        23C     Part 4A site used under contract of employment

This Act does not apply to a site agreement created or arising under the terms of a contract of employment or entered into in relation to a contract of employment.

        23D     Part 4A site used primarily as a residence

This Act applies to a site agreement if the Part 4A site the subject of the site agreement is used primarily for residential purposes even if a trade, profession or business is also carried on by the site tenant on that site.

        23E     Part 4A site used for holidays

This Act does not apply to a site agreement if the Part 4A site the subject of the site agreement is ordinarily used for holiday purposes.

        23F     Prescribed Part 4A sites and prescribed site agreements

    (1)     This Act does not apply to a Part 4A site if the Part 4A site is a prescribed Part 4A site or is included in a class of prescribed Part 4A site.

    (2)     This Act does not apply to a site agreement if the site agreement is a prescribed site agreement or is included in a class of prescribed site agreement.

        23G     Certain provisions not to apply to site agreements

    (1)     Parts IV and IVA of the Landlord and Tenant Act 1958 do not apply in relation to a site agreement to which this Act applies.

    (2)     Sections 137, 144, 145, 146 and 150 of the Property Law Act 1958 do not apply in relation to a site agreement to which this Act applies.".



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