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This is a Bill, not an Act. For current law, see the Acts databases.


RESIDENTIAL PARKS (LONG-STAY TENANTS) AMENDMENT BILL 2018

                       Western Australia


     Residential Parks (Long-stay Tenants)
             Amendment Bill 2018

                           Contents

         Part 1 -- Preliminary
1.       Short title                                               2
2.       Commencement                                              2
         Part 2 -- Residential Parks (Long-stay
              Tenants) Act 2006 amended
3.       Act amended                                               3
4.       Section 3 replaced                                        3
         3.       Terms used                                 3
5.       Section 5 replaced                                        9
         5.       Long-stay agreements                       9
         5A.      Reasonable grounds for suspecting
                  abandonment of premises                    11
6.       Section 6 amended                                        11
7.       Section 7 deleted                                        11
8.       Section 8 amended                                        12
9.       Section 9 amended                                        12
10.      Section 9A inserted                                      12
         9A.      Modification of Act by regulations         12
11.      Part 2 heading amended                                   12
12.      Part 2 Division 1 heading replaced                       13
         Division 1 -- Form of long-stay agreements
13.      Section 10 replaced                                      13
         10.      Requirements for long-stay agreements      13
         10A.     Prescribed standard-form agreement         14
         10B.     Particular terms in long-stay agreements   14
14.      Part 3 Division 1A heading inserted                      16
         Division 1A -- General matters
15.      Sections 11 to 13 replaced                               16


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              10C.     Long-stay agreement binds park
                       operator's successors in title                16
              11.      Information for prospective long-stay
                       tenants                                       16
              12.      Restrictions on amounts park operators
                       may charge                                    17
              13.      Real estate agents prohibited from
                       charging fees, charges or rewards for
                       particular services                           18
              13A.     Restriction on voluntary sharing
                       arrangements                                  19
      16.     Section 14 amended                                          21
      17.     Section 15 amended                                          21
      18.     Section 18 amended                                          22
      19.     Section 20 replaced                                         23
              20.      Age-restricted residential parks              23
              20A.     Park operator's continuing disclosure
                       obligations about material changes in
                       relation to residential parks                 24
      20.     Section 21 amended                                          25
      21.     Sections 22 and 23 replaced                                 26
              22.      Payment of bond to bond administrator         26
      22.     Section 24 amended                                          27
      23.     Section 26 amended                                          28
      24.     Section 28 amended                                          28
      25.     Section 29 amended                                          29
      26.     Section 29A inserted                                        29
              29A.     Reviewing and varying rent under
                       long-stay agreement                           29
      27.     Section 30 amended                                          30
      28.     Section 31 replaced                                         32
              31.      Increasing rent due to significant cost
                       increases                                     32
              31A.     Accelerated rent and liquidated damages
                       prohibited                                    34
              31B.     Application of benefits and rent reductions
                       for not breaching agreement                   34
      29.     Part 2 Division 4 replaced                                  35
              Division 4 -- Relocating long-stay tenants to another
                     site in residential park
              32.        Long-stay agreement may include term
                         requiring long-stay tenant to relocate to
                         comparable site                           35
              32A.       Park operator to pay long-stay tenant
                         compensation because of relocation        35



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                                                                    Contents



      Division 5 -- Standard terms
      Subdivision 1 -- Occupation of premises
      32B.      Vacant possession                              37
      32C.      No legal impediment to lawful enjoyment        37
      Subdivision 2 -- Agreed and shared premises
      32D.      Quiet enjoyment                                37
      32E.      Park operator's right of entry                 38
      32F.      Conditions of park operator's entry under
                s. 32E                                         40
      32G.      Long-stay tenant's conduct on premises         42
      32H.      Locks and security                             42
      32I.      Removing fixtures and altering premises        43
      Subdivision 3 -- Cleanliness, damage and repair
      32J.      Long-stay tenant's responsibility for
                cleanliness and repair                         45
      32K.      Long-stay tenant's responsibility for
                damage                                         45
      32L.      Park operator's responsibility for
                cleanliness and repairs                        46
      32M.      Urgent repairs                                 47
      Subdivision 4 -- Particular financial matters
      32N.      Levies, rates, taxes and charges to be
                paid by park operator                          49
      Subdivision 5 -- Miscellaneous provisions
      32O.      Assigning rights and obligations under
                long-stay agreement or sub-letting agreed
                premises                                       49
      32P.      Long-stay tenant's vicarious responsibility
                for breach of agreement                        50
30.   Sections 32Q and 32R inserted                                   51
      32Q.      Long-stay agreement may be terminated
                only under Act                                 51
      32R.      Notice of intention before end of fixed term
                long-stay agreement                            51
31.   Section 33 amended                                              52
32.   Section 35A inserted                                            53
      35A.      Fixed term long-stay agreement does not
                become periodic tenancy at end of term         53
33.   Section 36 amended                                              54
34.   Section 37 amended                                              54
35.   Section 38 amended                                              54
36.   Part 3 Division 2 heading amended                               54
37.   Section 39 amended                                              55
38.   Section 40 amended                                              56
39.   Section 41 amended                                              57


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      40.     Sections 41A to 41D inserted                                   58
              41A.       Termination because park to be used for
                         different purpose                              58
              41B.       Termination because vacant possession is
                         required for works                             59
              41C.       Termination because long-stay site is
                         intended to be used for other purpose          60
              41D.       Requirements of notice of termination
                         under s. 41A to 41C                            60
      41.     Section 42 amended                                             61
      42.     Section 44 amended                                             62
      43.     Part 3 Division 3A inserted                                    62
              Division 3A -- Agreed premises abandoned
              44A.      Park operator's right of entry in relation to
                        abandonment                                     62
              44B.      Termination if agreed premises
                        abandoned                                       64
      44.     Section 45 amended                                             65
      45.     Section 46 amended                                             65
      46.     Section 47 amended                                             66
      47.     Section 47A inserted                                           66
              47A.       Application of Division                        66
      48.     Section 48 amended                                             67
      49.     Section 51 amended                                             68
      50.     Section 52 amended                                             69
      51.     Part 3 Division 6A inserted                                    69
              Division 6A -- Abandoned tenant's documents
              52A.      Dealing with abandoned tenant's
                        documents                                       69
      52.     Part 4 Division 1A inserted                                    71
              Division 1A -- Park rules
              54A.      Park operator may make park rules               71
              54B.      Regulations may provide for matters in
                        park rules                                      72
              54C.      Making and altering park rules                  72
              54D.      Compliance, application and enforcement
                        of park rules                                   73
      53.     Section 55 amended                                             73
      54.     Sections 56 to 58 replaced                                     73
              55A.       Information to be given to purchaser of
                         relocatable home on site                       73
              56.        Park operator's obligations                    74
              57.        Long-stay tenant may appoint selling
                         agent                                          74



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                                                                   Contents



      57A.     Selling agent's commission and incidental
               expenses                                       75
      57B.     Park operator not required to be licensed
               to act as selling agent                        77
      57C.     Trust accounts for selling agents              77
      57D.     Park operator's recovery of reasonable
               expenses for sale of relocatable home          78
      58.      Sale of relocatable home at agreed
               premises conditional on assignment of
               rights and obligations under, or entry into,
               long-stay agreement                            79
55.   Section 59 amended                                             81
56.   Section 60 amended                                             82
57.   Section 61 amended                                             82
58.   Section 61A inserted                                           82
      61A.     Other long-stay tenant committees              82
59.   Sections 62 to 64 replaced                                     83
      62.      Orders if form of long-stay agreement
               does not comply with Pt. 2 Div. 1              83
      62A.     Breaches of agreement and other
               disputes                                       84
      62B.     Matters State Administrative Tribunal may
               consider                                       85
      62C.     Directions and orders                          85
      62D.     Orders in relation to park operator's
               representations                                87
      63.      Orders for reduction of rent                   88
      63A.     Determination of proposed rental increase
               under s. 31                                    90
      63B.     Disputes about park rules                      92
      63C.     Recognising persons as long-stay tenants       93
      64.      Orders requiring works after failure to
               comply with responsibility for cleanliness
               and repair under s. 32L                        94
      64A.     Orders if potential buyer not given
               purchase disclosure notice                     95
      64B.     Determination of compensation payable to
               long-stay tenant because of relocation
               under s. 32A                                   95
      64C.     Orders in relation to site-only agreement if
               long-stay tenants die and removal or sale
               of relocatable home is obstructed              96
60.   Section 65 amended                                             97
61.   Section 67 amended                                             98
62.   Section 68 amended                                             99
63.   Section 69 amended                                            100
64.   Section 70 amended                                            100


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      65.     Part 5 Division 2A inserted                                101
              Division 2A -- Orders relating to abandoned
                     premises
              70A.      Disputing s. 44B notice                    101
              70B.      Orders to terminate agreement because
                        agreed premises abandoned                  101
      66.     Section 71A inserted                                       102
              71A.     Orders to terminate agreement for
                       repeated interference with quiet
                       enjoyment                                   102
      67.     Section 73 amended                                         103
      68.     Section 76 amended                                         104
      69.     Section 77 amended                                         105
      70.     Section 79 amended                                         105
      71.     Section 81 amended                                         106
      72.     Section 83A inserted                                       106
              83A.     State Administrative Tribunal may refer
                       matter to Commissioner for investigation    106
      73.     Section 88A inserted                                       106
              88A.     Long-stay agreements are excluded
                       matters for Corporations Act 2001
                       (Commonwealth) s. 5F                        106
      74.     Section 90 amended                                         107
      75.     Section 90A inserted                                       107
              90A.     Infringement notices and Criminal
                       Procedure Act 2004                          107
      76.     Section 91 amended                                         108
      77.     Sections 92 and 93 deleted                                 109
      78.     Section 95 amended                                         109
      79.     Section 96 replaced                                        109
              96.      Review of Act                               109
      80.     Part 7 heading and Part 7 Division 1 heading
              inserted                                                   110
              Part 7 -- Transitional and savings provisions
              Division 1 -- Transitional provisions -- Residential
                     Parks (Long-stay Tenants) Act 2006
      81.     Part 7 Division 2 inserted                                 110
              Division 2 -- Transitional and savings provisions --
                     Residential Parks (Long-stay Tenants)
                     Amendment Act 2018
              Subdivision 1 -- Preliminary
              99.       Terms used                               110




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                                                                  Contents



      Subdivision 2 -- Bonds
      100.     Return of key bond to long-stay tenant       111
      101.     Amounts paid into tenancy bond account
               to be transferred to bond administrator      112
      102.     Requirements for holding security bond
               amounts                                      112
      103.     Information from authorised deposit-taking
               institution about tenancy bond accounts      114
      104.     Offences relating to s. 103                  115
      Subdivision 3 -- Other transitional provisions
      105.     Pre-commencement long-stay agreement
               provides for cost of preparing long-stay
               agreement                                    116
      106.     Variation of rent on the basis of market
               rent                                         116
      107.     Variation of rent under on-site home
               agreements entered into before
               commencement day                             116
      108.     Application of former s. 32 to
               pre-commencement long-stay agreements        117
      109.     Taking possession of agreed premises
               under mortgage entered into before
               commencement day                             117
      110.     Former s. 41 continues to apply to
               pre-commencement long-stay agreements        118
      111.     Amended s. 42 applies to site-only
               agreements entered into before
               commencement day                             118
      112.     Park rules made by park liaison committee
               before commencement day taken to be
               made by park operator                        118
      113.     Former s. 55 continues to apply to
               pre-commencement long-stay agreements        118
      114.     Written selling agent agreement under
               former s. 57 continues to apply on and
               after commencement day                       119
      115.     Transitional regulations                     119
82.   Schedule 1 deleted                                           120
83.   Glossary deleted                                             120
      Part 3 -- Residential Tenancies
           Act 1987 amended
84.   Act amended                                                  121
85.   Schedule 1 clause 3 amended                                  121




                                                                  page vii
                          Western Australia


                    LEGISLATIVE ASSEMBLY


       Residential Parks (Long-stay Tenants)
               Amendment Bill 2018

                              A Bill for


An Act to amend the Residential Parks (Long-stay Tenants) Act 2006
and the Residential Tenancies Act 1987.

The Parliament of Western Australia enacts as follows:




                                                             page 1
     Residential Parks (Long-stay Tenants) Amendment Bill 2018
     Part 1          Preliminary

     s. 1



1                           Part 1 -- Preliminary
2    1.       Short title
3             This is the Residential Parks (Long-stay Tenants) Amendment
4             Act 2018.

5    2.       Commencement
6             This Act comes into operation as follows --
7              (a) Part 1 -- on the day on which this Act receives the
8                    Royal Assent;
9              (b) the rest of the Act -- on a day fixed by proclamation,
10                   and different days may be fixed for different provisions.




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                                                                             s. 3



1          Part 2 -- Residential Parks (Long-stay Tenants)
2                       Act 2006 amended
3    3.         Act amended
4               This Part amends the Residential Parks (Long-stay Tenants)
5               Act 2006.

6    4.         Section 3 replaced
7               Delete section 3 and insert:
8


9          3.         Terms used
10                    In this Act, unless the contrary intention appears --
11                    abandoned goods means goods that may be treated as
12                    abandoned goods under section 48(1);
13                    ADI account means an account with an authorised
14                    deposit-taking institution as defined in the Banking
15                    Act 1959 (Commonwealth) section 5;
16                    agreed premises, in relation to a long-stay agreement,
17                    means --
18                      (a) the site that the long-stay tenant is entitled to
19                            use or occupy under a long-stay agreement; and
20                      (b) a structure on the site that the long-stay tenant
21                            is entitled to use or occupy under a long-stay
22                            agreement; and
23                      (c) a fixture, fitting or chattel provided under a
24                            long-stay agreement for the exclusive use of the
25                            long-stay tenant; and
26                      (d) in relation to an on-site home agreement -- the
27                            on-site home;
28                    approved form means a form approved by the
29                    Commissioner and published on the Department's
30                    website;


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     s. 4



1                   bond administrator has the meaning given in the
2                   Residential Tenancies Act 1987 section 3;
3                   buyer, of a relocatable home, has the meaning given in
4                   section 58(2)(a);
5                   close associate, in relation to a park operator, means --
6                     (a) if the park operator is an individual, any of the
7                           following --
8                              (i) the spouse, de facto partner, parent,
9                                   child or sibling of the park operator;
10                            (ii) the parent, child or sibling of the spouse
11                                  or de facto partner of the park operator;
12                           (iii) a body corporate, if a person referred to
13                                  in subparagraph (i) or (ii) is a director or
14                                  secretary of the body corporate or a
15                                  person involved in the management of
16                                  the body corporate;
17                          or
18                    (b) if the park operator is a body corporate, any of
19                          the following --
20                             (i) a director or secretary of the body
21                                  corporate or of a related body corporate
22                                  as defined in the Corporations Act 2001
23                                  (Commonwealth) section 9;
24                            (ii) a person involved in the management of
25                                  the body corporate or of a related body
26                                  corporate as defined in the Corporations
27                                  Act 2001 (Commonwealth) section 9;
28                           (iii) the spouse, de facto partner, parent,
29                                  child or sibling of a person referred to in
30                                  subparagraph (i) or (ii);
31                           (iv) the parent, child or sibling of the spouse
32                                  or de facto partner of a person referred
33                                  to in subparagraph (i) or (ii);


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                                                                        s. 4



1                       (v)     a related body corporate as defined in
2                               the Corporations Act 2001
3                               (Commonwealth) section 9;
4              Commissioner means the person designated as the
5              Commissioner under section 84;
6              default notice means a notice under section 39(1)(b)
7              or 40(1);
8              Department means the department of the Public
9              Service principally assisting in the administration of
10             this Act;
11             enter into, in relation to a long-stay agreement,
12             includes make, renew, extend, assign or otherwise
13             transfer the agreement;
14             long-stay agreement or agreement has the meaning
15             given in section 5;
16             long-stay site, in relation to a residential park, means a
17             site that the park operator is willing to rent to a person
18             that is used or is intended to be used as the person's
19             principal place of residence;
20             long-stay tenant or tenant means the grantee of a right
21             of occupancy under a long-stay agreement;
22             non-standard term has the meaning given in
23             section 10B(1);
24             notice of termination means a notice to terminate a
25             long-stay agreement given in accordance with this Act;
26             on-site home, in relation to an on-site home agreement,
27             means the relocatable home provided under the
28             agreement by the park operator;
29             on-site home agreement means a long-stay agreement
30             under which the long-stay tenant has the right to
31             occupy a relocatable home provided by the park
32             operator;
33             park operator, in relation to a residential park, means
34             the grantor of a right of occupancy under a residential

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     Residential Parks (Long-stay Tenants) Amendment Bill 2018
     Part 2          Residential Parks (Long-stay Tenants) Act 2006 amended

     s. 4



1                   park tenancy agreement, or the grantor's successor in
2                   title if the succession is subject to the interest of the
3                   long-stay tenant;
4                   park premises, in relation to a residential park --
5                      (a) means all or any part of the land and structures
6                             within the boundaries of the park; and
7                      (b) includes premises occupied exclusively by the
8                             park operator or an agent or employee of the
9                             park operator, vacant sites, vacant on-site
10                            homes, agreed premises and shared premises;
11                  park rules has the meaning given in section 54A(1);
12                  pet bond means an amount paid as a security bond as
13                  mentioned in section 21(2)(b);
14                  prescribed means prescribed by the regulations;
15                  real estate agent means a person who holds or is
16                  required to hold a licence under the Real Estate and
17                  Business Agents Act 1978;
18                  reasonable grounds, for suspecting that a long-stay
19                  tenant has abandoned the agreed premises, has the
20                  meaning given in section 5A;
21                  relocatable home means a vehicle, building, tent or
22                  other structure that is fitted or designed for use as a
23                  residence (whether or not it includes bathroom or toilet
24                  facilities) and that is or can be parked, assembled or
25                  erected on a site in a residential park;
26                  rent, in relation to a long-stay agreement, means an
27                  amount paid or payable under the agreement by the
28                  long-stay tenant in respect of the tenancy period or a
29                  part of the tenancy period;
30                  Rental Accommodation Account means the Rental
31                  Accommodation Account established under the
32                  Residential Tenancies Act 1987 Schedule 1 clause 3;




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               Residential Parks (Long-stay Tenants) Amendment Bill 2018
     Residential Parks (Long-stay Tenants) Act 2006 amended       Part 2

                                                                       s. 4



1              residential park --
2                (a) means a place, including a caravan park, where
3                      there are --
4                         (i) sites on which relocatable homes may
5                               be parked, assembled or erected in
6                               accordance with a tenancy; and
7                        (ii) shared premises for the use of long-stay
8                               tenants in accordance with a tenancy;
9                      but
10               (b) does not include the following places --
11                        (i) a place established as a retirement
12                              village under the Retirement Villages
13                              Act 1992;
14                       (ii) a prescribed place or class of place;
15             security bond means an amount payable by a long-stay
16             tenant as security for the performance of the tenant's
17             obligations under the long-stay agreement, including
18             any amounts of pet bond;
19             selling agency agreement has the meaning given in
20             section 57(1)(a);
21             selling agent means a person appointed as a selling
22             agent in relation to the sale of a relocatable home under
23             a selling agency agreement;
24             shared premises, in relation to a residential park,
25             means --
26               (a) the common areas, structures and amenities in
27                     the park that the park operator provides for the
28                     use of all long-stay tenants or makes accessible
29                     to all tenants; and
30               (b) any fixtures, fittings or chattels in or on the
31                     common areas, structures or amenities;




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     Residential Parks (Long-stay Tenants) Amendment Bill 2018
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     s. 4



1                   site, in relation to a residential park, means an area of
2                   land in the park that is set aside for the use of a
3                   relocatable home;
4                   site-only agreement means a long-stay agreement
5                   under which the long-stay tenant has the right to
6                   occupy a relocatable home provided by the long-stay
7                   tenant on a site in the residential park;
8                   successor in title includes a person who acquires an
9                   estate in land or has a mortgage in respect of the land;
10                  tenancy means a tenancy under a long-stay agreement;
11                  tenancy period, in relation to a long-stay agreement,
12                  means the whole period during which the agreement is
13                  in force, whether the agreement is for a fixed term or
14                  creates a periodic tenancy;
15                  tenant's document means --
16                    (a) an official document; or
17                    (b) a photograph; or
18                    (c) correspondence; or
19                    (d) another document which it would be reasonable
20                           to expect a person to keep;
21                  voluntary sharing arrangement means a term in a
22                  long-stay agreement in which a long-stay tenant agrees
23                  to pay --
24                    (a) rent on a deferred basis in accordance with the
25                           agreement; or
26                    (b) one of the following to the park operator when
27                           the relocatable home is sold --
28                              (i) a share of any increase in the sale price
29                                   of the relocatable home from the price
30                                   paid by the long-stay tenant for the
31                                   home;
32                             (ii) a share of the total sale price of the
33                                   relocatable home;

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                    Residential Parks (Long-stay Tenants) Amendment Bill 2018
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                                                                                  s. 5



1                             or
2                       (c) an amount as an exit fee payable if the
3                             relocatable home is sold or removed from the
4                             site the subject of a long-stay agreement and
5                             is --
6                                (i) fixed as an amount set out in the
7                                     agreement; or
8                               (ii) calculated by reference to a formula set
9                                     out in the agreement;
10                    working day means any day except a Saturday, Sunday
11                    or public holiday.
12


13   5.         Section 5 replaced
14              Delete section 5 and insert:
15


16         5.         Long-stay agreements
17              (1)   In this Act, a long-stay agreement is an agreement
18                    made between a person and a park operator under
19                    which the park operator for valuable consideration
20                    grants to the person the right to occupy --
21                      (a) a relocatable home provided by the park
22                            operator on a site in the residential park as the
23                            person's principal place of residence; or
24                      (b) a relocatable home provided by the person on a
25                            site in the residential park as the person's
26                            principal place of residence.
27              (2)   However, an agreement is not a long-stay agreement if
28                    it --
29                       (a) confers on a person the right to occupy a site or
30                           other park premises in a residential park for a
31                           holiday; or


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     Residential Parks (Long-stay Tenants) Amendment Bill 2018
     Part 2          Residential Parks (Long-stay Tenants) Act 2006 amended

     s. 5



1                      (b)     confers on an employee or agent of a park
2                              operator the right to occupy a site or other park
3                              premises in a residential park during the term of
4                              the employment or agency; or
5                      (c)     confers on an itinerant worker the right to
6                              occupy a site or other park premises in a
7                              residential park, unless the parties agree that the
8                              agreement is a long-stay agreement; or
9                      (d)     is a prescribed agreement or class of agreement.
10             (3)   In subsection (2)(c) an itinerant worker means a
11                   person who --
12                     (a) is undertaking seasonal work; and
13                     (b) will occupy a site or other park premises in a
14                          residential park only to carry out the seasonal
15                          work; and
16                     (c) does not ordinarily occupy a site in the
17                          residential park.
18                   Example for this definition:
19                           A person who stays at a residential park in order to engage
20                           in employment picking fruit for 3 months.

21             (4)   If an agreement confers a right to occupy the same or
22                   similar site or other park premises for a period of
23                   3 months or longer, the agreement is taken, in the
24                   absence of proof to the contrary, not to have been
25                   entered into for the purpose of conferring a right to
26                   occupy the site or premises for a holiday.
27             (5)   A reference in subsection (4) to an agreement includes
28                   a reference to an agreement that is part of a series of
29                   consecutive agreements between the same parties.




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                    Residential Parks (Long-stay Tenants) Amendment Bill 2018
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                                                                             s. 6



1          5A.      Reasonable grounds for suspecting abandonment of
2                   premises
3                   In this Act there are reasonable grounds for suspecting
4                   that a long-stay tenant has abandoned the agreed
5                   premises if --
6                     (a) the tenant has failed to pay rent in accordance
7                            with the long-stay agreement; and
8                     (b) one of the following applies --
9                              (i) there is uncollected mail, newspapers or
10                                  other material at the agreed premises;
11                            (ii) another long-stay tenant of the
12                                  residential park or another person has
13                                  told the park operator that the tenant has
14                                  abandoned the agreed premises;
15                           (iii) there are no goods at the agreed
16                                  premises;
17                           (iv) services (including gas, electricity and
18                                  telephone services) to the agreed
19                                  premises have been disconnected.
20


21   6.       Section 6 amended
22            In section 6(7) in the definition of existing fixed term long-stay
23            agreement delete "long-stay agreement for a fixed term" and
24            insert:
25

26            fixed term long-stay agreement
27


28   7.       Section 7 deleted
29            Delete section 7.




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1    8.          Section 8 amended
2          (1)   In section 8(1) delete "or other caravan park".
3          (2)   Delete section 8(2).

4    9.          Section 9 amended
5                In section 9(1) delete "is void and of " (each occurrence) and
6                insert:
7

8                has
9


10   10.         Section 9A inserted
11               At the end of Part 1 insert:
12


13           9A.       Modification of Act by regulations
14                     The regulations may prescribe that a provision of this
15                     Act does not apply to, or applies in a modified way
16                     to --
17                       (a) a long-stay agreement or class of long-stay
18                            agreement; or
19                       (b) a residential park or class of residential park.
20


21   11.         Part 2 heading amended

22               In the heading to Part 2 delete "agreement" and insert:
23


24               agreements and conduct of long-stay tenants
25               and park operators
26




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1    12.          Part 2 Division 1 heading replaced
2                 Delete the heading to Part 2 Division 1 and insert:
3


4                       Division 1 -- Form of long-stay agreements
5


6    13.          Section 10 replaced
7                 Delete section 10 and insert:
8


9           10.          Requirements for long-stay agreements
10                (1)    A long-stay agreement must --
11                        (a) be in writing; and
12                        (b) include --
13                                 (i) the standard terms included in the
14                                     long-stay agreement under Division 5;
15                                     and
16                                (ii) if the agreement is a site-only
17                                     agreement -- the terms in the long-stay
18                                     agreement under section 55;
19                              and
20                        (c) comply with other requirements for an
21                              agreement under this Act, including
22                              requirements about the content and form of the
23                              agreement; and
24                        (d) make provision for any prescribed information
25                              or other matter.




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1              (2)   A park operator must not enter into a long-stay
2                    agreement that contravenes the requirements of this
3                    section.
4                    Penalty for this subsection: a fine of $5 000.
5                    Note for this section:
6                           Under section 62, a long-stay tenant may apply to the State
7                           Administrative Tribunal for particular orders in relation to a
8                           long-stay agreement that does not comply with this section.

9            10A.    Prescribed standard-form agreement
10             (1)   A standard-form long-stay agreement (a standard-form
11                   agreement) may be prescribed.
12             (2)   If a standard-form agreement is prescribed when a
13                   long-stay agreement is entered into --
14                     (a) the agreement must be in that form; and
15                     (b) if a term of the standard-form agreement is not
16                            included in the long-stay agreement -- the
17                            long-stay agreement is taken to include the term
18                            of the standard-form agreement.
19             (3)   A park operator must not enter into a long-stay
20                   agreement that is not in the form of any prescribed
21                   standard-form agreement.
22                   Penalty for this subsection: a fine of $5 000.
23                   Note for this section:
24                          Under section 62, a long-stay tenant may apply to the State
25                          Administrative Tribunal for particular orders in relation to a
26                          long-stay agreement that is not in any standard form.

27           10B.    Particular terms in long-stay agreements
28             (1)   A long-stay agreement may include a term (a
29                   non-standard term) other than --
30                    (a) a standard term stated in the Act; or




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1                (b)     if a standard-form agreement is prescribed
2                        under section 10A(1) -- a term of that
3                        standard-form long-stay agreement.
4        (2)   However, a non-standard term --
5               (a) must not exclude, modify or restrict a standard
6                   term or the operation of the Act or contravene a
7                   provision of this Act; and
8               (b) must not be a type of term prescribed for this
9                   paragraph as a prohibited term; and
10              (c) must not be inconsistent with a standard-form
11                  long-stay agreement that is prescribed under
12                  section 10A(1); and
13              (d) must be set out and clearly labelled as a
14                  non-standard term.
15       (3)   A park operator must not enter into a long-stay
16             agreement that includes a non-standard term referred to
17             in subsection (2).
18             Penalty for this subsection: a fine of $5 000.
19       (4)   The regulations may prescribe a term as a term that
20             must be included in a long-stay agreement.
21       (5)   A park operator must not enter into a long-stay
22             agreement that does not include a term prescribed
23             under subsection (4).
24             Penalty for this subsection: a fine of $5 000.
25             Note for this section:
26                     Under section 62, a long-stay tenant may apply to the State
27                     Administrative Tribunal for particular orders in relation to a
28                     long-stay agreement that does not comply with this section.
29




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1    14.           Part 3 Division 1A heading inserted
2                  Before section 11 insert:
3


4                             Division 1A -- General matters
5


6    15.           Sections 11 to 13 replaced
7                  Delete sections 11 to 13 and insert:
8


9            10C.        Long-stay agreement binds park operator's
10                       successors in title
11                       Despite the Transfer of Land Act 1893 section 68 but
12                       subject to the provisions of this Act, a long-stay
13                       agreement, and the right to occupy a site or other park
14                       premises in a residential park created under that
15                       agreement, binds the park operator's successors in title
16                       as if the successors in title had entered into the
17                       agreement.

18           11.         Information for prospective long-stay tenants
19                 (1)   In this section --
20                       required documents means all of the following
21                       documents --
22                         (a) a copy of the proposed agreement;
23                         (b) a disclosure statement in the approved form (if
24                                any);
25                         (c) a copy of the information booklet in the
26                                approved form (if any);
27                         (d) a copy of any park rules that apply to the
28                                residential park where the site the subject of the
29                                long-stay agreement is located;
30                         (e) any other prescribed document.

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1           (2)   A park operator must give the required documents to a
2                 person before entering into a long-stay agreement with
3                 the person --
4                   (a) for a site-only agreement -- at least 5 working
5                         days before the agreement is signed; or
6                   (b) otherwise -- before the agreement is entered
7                         into.
8                 Penalty for this subsection: a fine of $5 000.
9           (3)   However, subsection (2)(a) does not apply if the person
10                who intends to enter into the site-only agreement --
11                 (a) owns a relocatable home that is a vehicle for
12                       which a vehicle licence has been granted under
13                       the Road Traffic (Vehicles) Act 2012; and
14                 (b) states in writing to the park operator that the
15                       person does not require the required documents
16                       to be given to the person at least 5 working
17                       days before the agreement is signed; and
18                 (c) is given the required documents by the park
19                       operator before the person occupies the site or
20                       other park premises in the residential park.

21    12.         Restrictions on amounts park operators may charge
22          (1)   A park operator must not require or receive from a
23                long-stay tenant, or prospective long-stay tenant, any
24                payment in relation to the long-stay agreement
25                (including an entry fee or a payment for renewing or
26                extending the agreement) other than a payment for --
27                  (a) rent; or
28                  (b) a security bond; or
29                  (c) an amount paid or payable as consideration for
30                        an option to enter into a long-stay agreement if,
31                        when the option is exercised, the amount is
32                        refunded or applied towards the rent payable
33                        under the agreement; or

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1                         (d)   an amount that the park operator is authorised
2                               to require or receive under this Act; or
3                         (e) an amount for a fee if --
4                                  (i) the type of fee is prescribed as a fee that
5                                        a park operator may charge a long-stay
6                                        tenant under the long-stay agreement;
7                                        and
8                                 (ii) the park operator may charge the tenant
9                                        the fee under the long-stay agreement;
10                                       and
11                               (iii) the fee is for a service or facility -- the
12                                       amount is necessary to recover the
13                                       reasonable costs of providing the tenant
14                                       a service or facility for which the fee is
15                                       charged or is a reasonable amount.
16                       Penalty for this subsection: a fine of $5 000.
17                 (2)   A payment accepted in contravention of this section is
18                       recoverable by the person who paid it --
19                         (a) as a debt due in a court of competent
20                              jurisdiction; or
21                         (b) by order of the State Administrative Tribunal
22                              under Part 5.

23           13.         Real estate agents prohibited from charging fees,
24                       charges or rewards for particular services
25                 (1)   A real estate agent who provides services on behalf of
26                       a park operator in connection with letting agreed
27                       premises or entering into a long-stay agreement must
28                       not require or receive from a long-stay tenant, or
29                       prospective long-stay tenant, any fee, charge or reward
30                       for those services.
31                       Penalty for this subsection: a fine of $5 000.



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1        (2)   A real estate agent who provides services on behalf of
2              a long-stay tenant in connection with sub-letting the
3              agreed premises must not require or receive from a
4              sub-tenant, or prospective sub-tenant, any fee, charge
5              or reward for those services.
6              Penalty for this subsection: a fine of $5 000.
7        (3)   A fee, charge or reward received in contravention of
8              this section is recoverable by the person who paid it as
9              a debt due in a court of competent jurisdiction.

10    13A.     Restriction on voluntary sharing arrangements
11       (1)   In this section --
12             rent-only agreement means a long-stay agreement
13             that --
14               (a) does not include a voluntary sharing
15                      arrangement; and
16               (b) charges rent that is not greater than the higher
17                      of --
18                        (i) the amount the long-stay tenant
19                             currently occupying the site is paying;
20                             or
21                       (ii) the rent payable by a long-stay tenant
22                             for a site of a similar size and location
23                             in the same residential park.
24       (2)   A term of a long-stay agreement that includes a
25             voluntary sharing arrangement has no effect unless --
26               (a) the long-stay agreement that contains the
27                    voluntary sharing arrangement is entered into in
28                    accordance with this section; and
29              (b) the park operator gives, in the prescribed
30                    manner, to the person who intends to enter into
31                    the agreement a document that --
32                      (i) is in the approved form; and

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1                             (ii)   states how the voluntary sharing
2                                    arrangement is to operate in relation to
3                                    the person, including by providing
4                                    examples of how the arrangement
5                                    would apply to the person.
6              (3)   The voluntary sharing arrangement may be --
7                     (a) entered into only when the parties initially
8                           agree to a long-stay agreement; and
9                     (b) varied during the life of a long-stay agreement
10                          only with the consent of the parties to the
11                          agreement.
12             (4)   Subsection (5) --
13                    (a) applies if a park operator intends to enter into a
14                          long-stay agreement that includes a voluntary
15                          sharing arrangement with --
16                             (i) a person who is buying an on-site home
17                                  from a person other than the park
18                                  operator or a close associate of the park
19                                  operator; or
20                            (ii) a current or former long-stay tenant, and
21                                  the agreement is 1 of 2 or more
22                                  consecutive long-stay agreements
23                                  between the same parties conferring a
24                                  right to occupy the same or similar site
25                                  or other park premises;
26                          but
27                    (b) does not apply if --
28                             (i) all long-stay agreements entered into
29                                  between the park operator and each
30                                  long-stay tenant of the residential park
31                                  include a voluntary sharing
32                                  arrangement; and



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1                                (ii)   the park operator does not offer to enter
2                                       into rent-only agreements.
3                (5)    The park operator must give the person or long-stay
4                       tenant an option to enter into a rent-only agreement as
5                       well as a long-stay agreement that includes a voluntary
6                       sharing arrangement.
7


8    16.         Section 14 amended
9                In section 14 delete "agreement, unless the agreement expressly
10               provides otherwise." and insert:
11

12               agreement.
13


14   17.         Section 15 amended
15         (1)   In section 15(1):
16                 (a) in paragraph (a) delete "operator; and" and insert:
17

18                       operator;
19

20                (b)    delete paragraph (b) and insert:
21

22                       (b)   if the park operator or person with superior title
23                             is a body corporate --
24                                (i) the full name and address of the
25                                     secretary of the body corporate; or
26                               (ii) if the body corporate does not have a
27                                     secretary -- the full name and address
28                                     of a director of, or contact person for,
29                                     the body corporate;
30




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1          (2)   Delete section 15(2)(b) and insert:
2

3                          (b)    if the new park operator is a body corporate --
4                                    (i) the full name and address of the
5                                         secretary of the body corporate; or
6                                   (ii) if the body corporate does not have a
7                                         secretary -- the full name and address
8                                         of a director of, or contact person for,
9                                         the body corporate.
10

11         (3)   In section 15(3) after "days" insert:
12

13               after the change
14

15               Note: The heading to amended section 15 is to read:
16                       Disclosure of park operator's particulars to long-stay tenant

17   18.         Section 18 amended
18         (1)   In section 18(1):
19                 (a) in paragraph (a) before "at any" insert:
20

21                         if the park operator has complied with section 11(2) --
22

23                 (b)     delete paragraph (b) and insert:
24

25                         (b)    if the park operator has not complied with
26                                section 11(2) within the time specified in that
27                                subsection but has given the tenant the
28                                documents required under that section -- at any
29                                time within 10 working days after the day on
30                                which the documents required under that
31                                section are given to the tenant; or



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1                          (c)   if the park operator has not complied with
2                                section 11(2) -- at any time.
3

4          (2)     In section 18(2) delete "A person" and insert:
5

6                  However, a long-stay tenant
7


8    19.           Section 20 replaced
9                  Delete section 20 and insert:
10


11           20.         Age-restricted residential parks
12                 (1)   A long-stay agreement may include a term to the effect
13                       that children are not permitted to occupy a site in a
14                       residential park only if the site the subject of the
15                       agreement is within a park, or part of a park, in
16                       which --
17                         (a) both of the following apply --
18                                  (i) it is intended that each site within the
19                                       park, or part of the park, will be solely
20                                       or principally occupied by a person of a
21                                       particular age;
22                                 (ii) each long-stay agreement entered into
23                                       between the park operator and a
24                                       long-stay tenant of the park, or part of
25                                       the park, includes a term to the effect
26                                       that children are not permitted to live on
27                                       the agreed premises;
28                               or
29                         (b) the residential park is operated under a licence
30                               under the Caravan Parks and Camping
31                               Grounds Act 1995 and the licence permits the


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1                            park operator to include such a term in the
2                            agreement.
3              (2)   A park operator must not do any of the following on
4                    the grounds that it is intended that a child will live on
5                    the agreed premises unless the site the person is to use
6                    or occupy is within a park, or part of a park, to which
7                    subsection (1) applies --
8                      (a) refuse to enter into a long-stay agreement with
9                            a person;
10                     (b) advertise or otherwise indicate an intention to
11                           refuse to enter into a long-stay agreement with
12                           a person;
13                     (c) instruct anyone else on the park operator's
14                           behalf --
15                             (i) to refuse to enter into a long-stay
16                                   agreement with a person; or
17                            (ii) to advertise or otherwise indicate an
18                                   intention to refuse to enter into a
19                                   long-stay agreement with a person.
20                   Penalty for this subsection: a fine of $5 000.

21           20A.    Park operator's continuing disclosure obligations
22                   about material changes in relation to residential
23                   parks
24             (1)   In this section --
25                   material change, in relation to a residential park,
26                   means an arrangement or restriction that might
27                   materially affect the occupation or use of a site or other
28                   park premises in a park by the park operator or
29                   long-stay tenant.
30                   Examples of material changes:
31                   1.    A sale or redevelopment of the residential park.




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1                        2.    A change in a requirement of a licence a park operator is
2                              required to hold under a written law that impacts on the
3                              tenant's use of the park.
4                        3.    A change in the use of land for which an approval of
5                              development is required under the Planning and
6                              Development Act 2005.

7                  (2)   This section applies if, after a long-stay tenant has
8                        entered into a site-only agreement a park operator
9                        becomes aware of a material change in relation to the
10                       residential park where the site the subject of the
11                       long-stay agreement is located.
12                 (3)   The park operator must give the long-stay tenant a
13                       written notice stating how the tenant's use or
14                       enjoyment will be affected as soon as reasonably
15                       practicable after the park operator becomes aware of
16                       the material change in relation to the park.
17                       Penalty for this subsection: a fine of $5 000.
18


19   20.           Section 21 amended
20         (1)     Before section 21(1) insert:
21

22               (1AA) In this section --
23                     pet does not include an assistance dog as defined in the
24                     Dog Act 1976 section 8(1).
25

26         (2)     After section 21(1) insert:
27

28                (1A)   However, subsection (1) does not prevent a park
29                       operator from receiving a security bond in instalments.
30




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1          (3)     Delete section 21(2)(b) and (c) and insert:
2

3                         (b)   if the long-stay tenant is permitted to keep a pet
4                               capable of carrying parasites that can affect
5                               humans at the agreed premises -- a prescribed
6                               amount to meet the cost of fumigating the
7                               premises at the end of the tenancy, if necessary.
8


9    21.           Sections 22 and 23 replaced
10                 Delete sections 22 and 23 and insert:
11


12           22.         Payment of bond to bond administrator
13                 (1)   When a person receives a security bond, the person
14                       must, within 14 days after receiving the bond --
15                        (a) deposit an amount equal to the amount of the
16                              bond with the bond administrator or an
17                              authorised agent as defined in the Residential
18                              Tenancies Act 1987 Schedule 1 clause 1; and
19                        (b) give the bond administrator or an authorised
20                              agent a record relating to the payment in the
21                              form approved by the bond administrator and
22                              available on the department's website.
23                       Penalty for this subsection: a fine of $20 000.
24                 (2)   A person must not make an entry in a record given to
25                       the bond administrator or an authorised agent under
26                       subsection (1)(b) that the person knows is false or
27                       misleading in a material particular.
28                       Penalty for this subsection: a fine of $20 000.
29




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1    22.          Section 24 amended
2          (1)    Before section 24(1) insert:
3

4                (1A)   A park operator must not increase a security bond
5                       except under this section.
6

7          (2)    Delete section 24(2) and insert:
8

9                 (2)   The day specified in the notice on which the bond is
10                      payable must be --
11                        (a) at least 60 days after the day on which the
12                             notice is given; and
13                       (b) for on-site home agreements, at least 6 months
14                             after --
15                               (i) if the security bond has been
16                                     increased -- the day of the last increase;
17                                     or
18                              (ii) otherwise -- the day the long-stay
19                                     agreement commenced;
20                             and
21                        (c) for site-only agreements, at least 12 months
22                             after --
23                               (i) if the security bond has been
24                                     increased -- the day of the last increase;
25                                     or
26                              (ii) otherwise -- the day the long-stay
27                                     agreement commenced.
28




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1          (3)    In section 24(3)(b) delete "21(2)(c)." and insert:
2

3                 21(2)(b).
4

5          (4)    In section 24(5) delete "21(3), 22 and 23" and insert:
6

7                 21(3) and 22
8


9    23.          Section 26 amended
10                In section 26(1) delete "days." and insert:
11

12                days after receiving the rent.
13


14   24.          Section 28 amended
15                Delete section 28(1) and insert:
16

17                (1)   Each time a park operator receives rent under a
18                      long-stay agreement for agreed premises, the park
19                      operator must keep a record of the rent received in
20                      accordance with subsection (1A).
21                      Penalty for this subsection: a fine of $5 000.
22               (1A)   The record must state the following each time the rent
23                      is received --
24                        (a) that the payment received is for rent;
25                        (b) the date the rent was received;
26                        (c) the name of the person paying the rent;
27                        (d) the amount paid;




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1                      (e)   the period in respect of which the rent is paid;
2                      (f)   the site in respect of which the rent is paid.
3


4    25.       Section 29 amended
5              In section 29(1)(b) delete "is to" and insert:
6

7              must
8


9    26.       Section 29A inserted
10             After section 29 insert:
11


12          29A.      Reviewing and varying rent under long-stay
13                    agreement
14             (1)    A term of a long-stay agreement that provides for rent
15                    to be reviewed and varied has no effect if --
16                      (a) the long-stay agreement provides for review of
17                            the rent at --
18                               (i) for a site-only agreement -- intervals of
19                                    less than 12 months; or
20                              (ii) for an on-site home agreement --
21                                    intervals of less than 6 months;
22                            or
23                      (b) the term does not, for each review to be carried
24                            out during the tenancy period, state --
25                               (i) the amount of rent; or
26                              (ii) a single basis for calculating the amount
27                                    of rent;
28                            or



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1                       (c)   current market rent is the basis for calculating
2                             the amount of rent; or
3                       (d)   the term provides the rent may not be reduced if
4                             the rent calculated using the basis for
5                             calculating the rent stated in the agreement is
6                             less than the rent paid before the review date.
7                (2)   Subsection (1)(a)(i) and (ii) do not prevent the term
8                      from specifying a day for carrying out the first review
9                      that is earlier than the intervals stated in those
10                     provisions after the beginning of the tenancy if --
11                       (a) it is the practice of the park operator to review
12                              the rent payable by long-stay tenants in
13                              accordance with a set review date schedule; and
14                       (b) the long-stay tenant was given written notice of
15                              the set review date schedule before the
16                              long-stay agreement was entered into.
17               (3)   Subsection (1)(b) does not prevent the long-stay
18                     agreement from specifying different bases for
19                     calculating the amount of rent for different review
20                     dates.
21

22   27.         Section 30 amended
23         (1)   In section 30(1):
24                 (a) delete "A park operator may increase the rent payable
25                       under an on-site home agreement" and insert:
26

27                      If a long-stay agreement includes a term providing for
28                      reviewing and varying rent under section 29A, a park
29                      operator may vary the amount of rent payable under the
30                      agreement
31




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1           (b)    in paragraphs (a) and (b) delete "increased" and insert:
2

3                  varied
4

5    (2)   In section 30(2):
6            (a) delete "increased" (first occurrence) and insert:
7

8                  varied
9

10          (b)    delete paragraphs (b) to (d) and insert:
11

12                 (b)     at least --
13                            (i) for a site-only agreement -- 12 months
14                                  after the day on which the tenancy
15                                  period began; or
16                           (ii) for an on-site home agreement --
17                                  6 months after the day on which the
18                                  tenancy period began;
19                         and
20                 (c)     if the rent has previously been varied, at
21                         least --
22                            (i) for a site-only agreement -- 12 months
23                                  after the day on which the rent was
24                                  previously varied; or
25                           (ii) for an on-site home agreement --
26                                  6 months after the day on which the rent
27                                  was previously varied.
28

29   (3)   In section 30(3)(b) delete "made." and insert:
30

31         entered into.
32



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1          (4)     In section 30(4):
2                    (a) delete "increase of " and insert:
3

4                            varying
5

6                    (b)     delete "increased" and insert:
7

8                            varied
9

10         (5)     Delete section 30(5).
11                 Note: The heading to amended section 30 is to read:
12                         Process for varying rent under long-stay agreement

13   28.           Section 31 replaced
14                 Delete section 31 and insert:
15


16           31.           Increasing rent due to significant cost increases
17                 (1)     This section applies if --
18                          (a) the park operator wants to increase rent payable
19                                by a long-stay tenant under a long-stay
20                                agreement; and
21                          (b) the increase in rent is intended to cover --
22                                   (i) significant increased operational costs in
23                                        relation to the residential park in which
24                                        the tenant is occupying a site or other
25                                        park premises, including a significant
26                                        increase in rates, taxes or utilities; or
27                                  (ii) significant unforeseen repair costs in
28                                        relation to the residential park in which
29                                        the tenant is occupying a site or other
30                                        park premises;
31                                and

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1                (c)   the increase --
2                         (i) is not provided for in the long-stay
3                              agreement; or
4                        (ii) is not consistent with a term in the
5                              long-stay agreement.
6        (2)   The park operator may increase the rent payable by
7              giving the long-stay tenant a written notice in the
8              approved form stating --
9                (a) the amount of the increased rent; and
10               (b) the reason the rent is being increased; and
11               (c) the day from which the increased rent becomes
12                     payable; and
13               (d) that the tenant must give the park operator,
14                     within 28 days after receiving a written notice
15                     from the park operator, a written notice stating
16                     whether the tenant agrees or does not agree to
17                     the proposed increase; and
18               (e) if the tenant does not give the park operator a
19                     written notice stating the tenant agrees with the
20                     increase in rent -- the park operator may apply
21                     to the State Administrative Tribunal to increase
22                     the rent under section 63A.
23       (3)   The day from which the increased rent becomes
24             payable must be at least 60 days after the day on which
25             the notice is given to the long-stay tenant under
26             subsection (2).
27       (4)   The park operator may increase the rent payable --
28              (a) in accordance with the notice given under
29                    subsection (2) only if the long-stay tenant gives
30                    a written notice to the park operator stating that
31                    the tenant agrees to the proposed increase; or
32              (b) if the State Administrative Tribunal made an
33                    order under section 63A(2)(a) or (c) -- in

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1                           accordance with the State Administrative
2                           Tribunal's order.

3            31A.    Accelerated rent and liquidated damages prohibited
4              (1)   A park operator must not enter into a long-stay
5                    agreement that provides that if the long-stay tenant
6                    breaches the agreement, this Act or another written
7                    law, the tenant is liable to pay --
8                      (a) all or part of the rent remaining payable under
9                            the agreement; or
10                     (b) rent of an increased amount; or
11                     (c) an amount by way of penalty; or
12                     (d) an amount by way of liquidated damages.
13                   Penalty for this subsection: a fine of $5 000.
14             (2)   A long-stay agreement has no effect to the extent that it
15                   includes a provision of the kind referred to in
16                   subsection (1).

17           31B.    Application of benefits and rent reductions for not
18                   breaching agreement
19             (1)   This section applies if a long-stay agreement provides
20                   that if the long-stay tenant does not breach the
21                   agreement or a written law, the tenant is or may be
22                   granted --
23                     (a) a reduction in rent; or
24                     (b) a rebate, refund or other benefit.
25             (2)   The long-stay agreement is taken to have been varied
26                   from the commencement of the agreement so the
27                   long-stay tenant is granted the rent reduction, rebate,
28                   refund or other benefit from the commencement of the
29                   agreement.
30




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1    29.          Part 2 Division 4 replaced
2                 Delete Part 2 Division 4 and insert:
3

4             Division 4 -- Relocating long-stay tenants to another
5                           site in residential park
6           32.         Long-stay agreement may include term requiring
7                       long-stay tenant to relocate to comparable site
8                       A long-stay agreement may include a term that permits
9                       a park operator to require a long-stay tenant to relocate
10                      from the site the tenant is currently occupying to
11                      another site only if --
12                        (a) it is reasonably necessary in the circumstances
13                              to relocate the tenant from the tenant's current
14                              site to another site; and
15                        (b) the other site --
16                                 (i) is another site in the same residential
17                                       park as the tenant's current site; and
18                                (ii) is reasonably comparable to the tenant's
19                                       current site;
20                              and
21                        (c) the park operator pays the tenant compensation
22                              under section 32A.

23          32A.        Park operator to pay long-stay tenant compensation
24                      because of relocation
25                (1)   A park operator must pay a long-stay tenant
26                      compensation for reasonable financial loss incurred as
27                      a result of being required to relocate from the site the
28                      tenant is currently occupying to another site,
29                      including --
30                        (a) the costs incurred by the tenant to transport the
31                               tenant's possessions from the current site to the
32                               other site; and

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1                     (b)    other financial loss that the tenant has suffered
2                            because of the relocation; and
3                     (c)    other expenses paid by the tenant that are
4                            reasonably associated with moving to the other
5                            site; and
6                     (d)    for an on-site home agreement -- the costs of
7                            disconnecting and reconnecting utilities and
8                            services to the site; and
9                     (e)    for a site-only agreement --
10                              (i) the cost of removing the relocatable
11                                    home from the agreed premises,
12                                    including the costs incurred in
13                                    disconnecting utilities and services to
14                                    the home; and
15                             (ii) the cost of moving the relocatable home
16                                    from the current site to the other site;
17                                    and
18                            (iii) the cost of erecting the relocatable home
19                                    on the other site, including the costs
20                                    incurred in connecting utilities and
21                                    services to the home; and
22                            (iv) the cost of establishing the relocatable
23                                    home at the other site, including any
24                                    costs reasonably incurred in landscaping
25                                    the site to a standard comparable to that
26                                    of the previous site;
27                           and
28                     (f)   any prescribed matter.
29             (2)   The amount payable is the amount agreed between the
30                   long-stay tenant and the park operator or, if they cannot
31                   agree, the amount determined by the State
32                   Administrative Tribunal on an application under
33                   section 64B.


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1                    Division 5 -- Standard terms
2                Subdivision 1 -- Occupation of premises

3     32B.     Vacant possession
4              It is a term of a long-stay agreement that vacant
5              possession of the agreed premises must be given to the
6              long-stay tenant on the day on which the tenant is
7              entitled under the agreement to take up occupation of
8              the agreed premises.

9     32C.     No legal impediment to lawful enjoyment
10       (1)   In this section --
11             tenant's lawful enjoyment, of the agreed premises,
12             means the long-stay tenant's lawful occupation of the
13             agreed premises as a residence or use of the agreed
14             premises for the period of the long-stay agreement.
15       (2)   It is a term of a long-stay agreement that, at the time of
16             entering into the agreement --
17                (a) the park operator is not aware of a legal
18                       impediment to the long-stay tenant's lawful
19                       enjoyment of the agreed premises for the period
20                       of the agreement; and
21               (b) there is no legal impediment to the tenant's
22                       lawful enjoyment that the park operator ought
23                       reasonably to have known about.

24             Subdivision 2 -- Agreed and shared premises

25    32D.     Quiet enjoyment
26       (1)   It is a term of a long-stay agreement that --
27                (a) the long-stay tenant has a right to quiet
28                       enjoyment of the agreed premises without
29                       interruption by the park operator or any person


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1                            claiming by, through or under the park operator
2                            or having superior title to that of the park
3                            operator; and
4                     (b)    the park operator must not cause or permit any
5                            interference with the reasonable peace, comfort
6                            or privacy of the long-stay tenant in the use by
7                            the tenant of the agreed premises or the
8                            reasonable use by the tenant of the shared
9                            premises; and
10                     (c)   the park operator must take all reasonable steps
11                           to enforce the obligation of any other tenant of
12                           the park operator not to cause or permit any
13                           interference with the reasonable peace, comfort
14                           or privacy of the long-stay tenant in the use by
15                           the tenant of the agreed premises or the
16                           reasonable use by the tenant of the shared
17                           premises.
18             (2)   A park operator must not cause or permit any
19                   interference with the reasonable peace, comfort or
20                   privacy of the long-stay tenant in the use by the tenant
21                   of the agreed premises or the reasonable use by the
22                   tenant of the shared premises.
23                   Penalty for this subsection: a fine of $10 000.
24             (3)   The liability of a park operator in civil proceedings is
25                   not affected by the commencement of proceedings
26                   against, or the conviction of, a park operator for an
27                   offence under subsection (2).

28           32E.    Park operator's right of entry
29             (1)   In this section --
30                   reasonable time means --
31                     (a) between 8 am and 6 pm on a weekday; or
32                     (b) between 9 am and 5 pm on a Saturday; or


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1                (c)   at another time agreed between the park
2                      operator and each long-stay tenant.
3        (2)   It is a term of a long-stay agreement that the park
4              operator may, in accordance with section 32F(1)
5              and (2), enter the agreed premises and any other
6              premises occupied by the long-stay tenant under the
7              agreement, including any relocatable home or other
8              structure provided by the tenant --
9                 (a) if the tenant consents to the entry immediately
10                       before, or at the time of, the entry; or
11               (b) in an emergency.
12       (3)   It is a term of a long-stay agreement that the park
13             operator may enter the agreed premises in accordance
14             with section 32F --
15                (a) to meet the park operator's obligations under
16                       this Act or another written law, if the park
17                       operator --
18                          (i) enters at a reasonable time; and
19                         (ii) gives at least 24 hours' written notice to
20                              the long-stay tenant;
21                       or
22               (b) to inspect the premises or for any other
23                       purpose, if the park operator --
24                          (i) enters at a reasonable time; and
25                         (ii) gives the long-stay tenant written notice
26                              at least 7 and not more than 14 days
27                              before the day the park operator intends
28                              to enter the premises;
29                       or
30                (c) to carry out or inspect necessary repairs or
31                       maintenance, if the park operator --
32                          (i) enters at a reasonable time; and


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1                             (ii)   gives at least 72 hours' written notice to
2                                    the long-stay tenant before the park
3                                    operator intends to enter the premises;
4                            or
5                     (d)    to show the agreed premises to prospective
6                            long-stay tenants, if the park operator --
7                               (i) enters at a reasonable time and on a
8                                     reasonable number of occasions during
9                                     the 21 days before the agreement ends;
10                                    and
11                             (ii) gives the long-stay tenant reasonable
12                                    written notice;
13                           or
14                    (e)    to show the agreed premises to prospective
15                           purchasers of the agreed premises, if the park
16                           operator --
17                              (i) enters at a reasonable time and on a
18                                    reasonable number of occasions; and
19                             (ii) gives the long-stay tenant reasonable
20                                    written notice;
21                           or
22                     (f)   if the long-stay agreement makes provision for
23                           the collection of the rent at the agreed
24                           premises -- to collect the rent once a week, at a
25                           reasonable time; or
26                    (g)    under section 44A.

27           32F.    Conditions of park operator's entry under s. 32E
28             (1)   It is a term of a long-stay agreement that the park
29                   operator exercising a right of entry under
30                   section 32E(2) or (3) --
31                      (a) must do so in a reasonable manner; and



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1               (b)    must not, without the long-stay tenant's
2                      consent, stay or permit others to stay on the
3                      premises longer than is necessary to achieve the
4                      purpose of the entry.
5        (2)   It is a term of a long-stay agreement that the park
6              operator must compensate the long-stay tenant if the
7              park operator or any person accompanying the park
8              operator causes damage to the tenant's property when
9              exercising a right of entry under section 32E(2) or (3).
10       (3)   It is a term of a long-stay agreement that if it would
11             unduly inconvenience the long-stay tenant for the park
12             operator to enter the agreed premises as specified in a
13             notice given under section 32E(3), the park operator
14             must make a reasonable attempt to negotiate a day and
15             time for that entry that does not unduly inconvenience
16             the tenant.
17       (4)   It is a term of a long-stay agreement that the park
18             operator may enter the premises under
19             section 32E(3)(b) for the purpose of inspecting the
20             premises not more than 4 times in any 12-month
21             period.
22       (5)   It is a term of a long-stay agreement that the written
23             notice given to the long-stay tenant under
24             section 32E(3) must --
25                (a) be in the approved form; and
26               (b) specify --
27                         (i) the day of the entry; and
28                        (ii) whether the entry will be before or after
29                              12 pm on that day.
30       (6)   It is a term of a long-stay agreement that if the park
31             operator exercises a right of entry under
32             section 32E(3)(d) or (e) the long-stay tenant is entitled
33             to be on the premises during the entry.

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1            32G.    Long-stay tenant's conduct on premises
2                    It is a term of a long-stay agreement that the long-stay
3                    tenant must not --
4                       (a) cause or permit a nuisance anywhere in the
5                              residential park; and
6                      (b) use the agreed premises or the shared premises,
7                              or cause or permit them to be used, for an
8                              illegal purpose.

9            32H.    Locks and security
10             (1)   It is a term of an on-site home agreement that the park
11                   operator must provide and maintain such locks or other
12                   devices as are necessary to ensure that the on-site home
13                   is reasonably secure.
14             (2)   It is a term of a long-stay agreement that the long-stay
15                   tenant must not alter, remove or add any lock or similar
16                   device to the agreed premises or the shared premises
17                   without the consent of the park operator given at, or
18                   immediately before, the time that the alteration,
19                   removal or addition is carried out.
20             (3)   It is a term of a long-stay agreement that the park
21                   operator must not alter, remove or add any lock or
22                   similar device to the agreed premises or to anything
23                   that belongs to the long-stay tenant without the consent
24                   of the tenant given at, or immediately before, the time
25                   that the alteration, removal or addition is carried out.
26             (4)   It is a term of a long-stay agreement that the park
27                   operator must not alter, remove or add any lock or
28                   similar device to the shared premises without first
29                   notifying the long-stay tenant and providing the tenant
30                   with a means of access to the shared premises.




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1        (5)   A long-stay tenant must not breach the term referred to
2              in subsection (2) without reasonable excuse.
3              Penalty for this subsection: a fine of $20 000.
4        (6)   A park operator must not breach the term referred to in
5              subsection (3) or (4) without reasonable excuse.
6              Penalty for this subsection: a fine of $20 000.
7        (7)   An agent of the park operator must not alter, remove or
8              add a lock or device to the agreed premises or the
9              shared premises without --
10               (a) reasonable excuse; or
11               (b) the consent of the following persons given
12                     when, or immediately before, the alteration,
13                     removal or addition is carried out --
14                       (i) if the lock or device is to the agreed
15                             premises -- each long-stay tenant who
16                             occupies the agreed premises;
17                      (ii) if the lock or device is to the shared
18                             premises -- each long-stay tenant who
19                             is able to use the shared premises.
20             Penalty for this subsection: a fine of $20 000.
21       (8)   A civil proceeding is not affected by the
22             commencement of proceedings against, or the
23             conviction of, a person for an offence under
24             subsection (5), (6) or (7).

25    32I.     Removing fixtures and altering premises
26       (1)   A long-stay agreement may provide that affixing a
27             fixture or making a renovation, alteration or addition to
28             the agreed premises --
29               (a) is prohibited; or
30               (b) is not prohibited if the long-stay tenant obtains
31                     the park operator's consent when, or


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1                            immediately before, the tenant affixes the
2                            fixture or makes the renovation, alteration or
3                            addition.
4              (2)   A site-only agreement may provide that affixing a
5                    fixture or making a renovation, alteration or addition to
6                    the exterior of the relocatable home on the site or to the
7                    exterior of any other structure --
8                      (a) is or is not prohibited; or
9                      (b) is not prohibited if the long-stay tenant obtains
10                           the park operator's consent at the time when, or
11                           immediately before, the tenant affixes the
12                           fixture or makes the renovation, alteration or
13                           addition.
14             (3)   If a long-stay agreement includes the provision
15                   described in subsection (1)(b) or (2)(b), it is a term of
16                   the agreement that --
17                     (a) the park operator must not unreasonably
18                           withhold consent; and
19                     (b) at any time while the long-stay tenant's right to
20                           occupy the agreed premises continues, the
21                           tenant may remove any fixture that the tenant
22                           has, with the park operator's consent, affixed to
23                           the premises, unless the removal of the fixture
24                           would cause irreparable damage to the agreed
25                           premises; and
26                     (c) if the long-stay tenant's removal of a fixture
27                           causes damage to the agreed premises, the
28                           tenant must notify the park operator and, at the
29                           option of the park operator, repair the damage
30                           or compensate the park operator for any
31                           reasonable expenses incurred by the park
32                           operator in repairing the damage.




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1        (4)     It is a term of a long-stay agreement that --
2                   (a) the park operator may affix any fixture or make
3                          any renovation, alteration or addition to the
4                          agreed premises, but only with the long-stay
5                          tenant's consent given when, or immediately
6                          before, the park operator affixes the fixture or
7                          makes the renovation, alteration or addition;
8                          and
9                  (b) the long-stay tenant must not unreasonably
10                         withhold such consent.

11             Subdivision 3 -- Cleanliness, damage and repair

12    32J.       Long-stay tenant's responsibility for cleanliness and
13               repair
14       (1)     It is a term of an on-site home agreement that the
15               long-stay tenant must keep the site and the relocatable
16               home on the site in a reasonable state of cleanliness.
17       (2)     It is a term of a site-only agreement that the long-stay
18               tenant must --
19                  (a) keep the site and the exterior of the relocatable
20                         home on the site in a reasonable state of
21                         cleanliness; and
22                 (b) keep the relocatable home on the site in a
23                         reasonable state of repair so it is fit to live in.

24    32K.       Long-stay tenant's responsibility for damage
25       (1)     It is a term of a long-stay agreement that the long-stay
26               tenant must not intentionally or negligently cause or
27               permit damage to the agreed premises or the shared
28               premises.
29       (2)     It is a term of a long-stay agreement that the long-stay
30               tenant must notify the park operator, as soon as



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1                    practicable but in any case within 3 days of the damage
2                    occurring, of any damage --
3                      (a) to the site or to any fittings or fixtures on the
4                            site; and
5                      (b) to the exterior of the relocatable home on the
6                            site; and
7                      (c) for an on-site home agreement --
8                               (i) to the interior of the on-site home; and
9                              (ii) to any chattels, fittings or fixtures in or
10                                   on the on-site home that are provided by
11                                   the park operator for the use of the
12                                   tenant.

13           32L.    Park operator's responsibility for cleanliness and
14                   repairs
15             (1)   It is a term of a long-stay agreement that the park
16                   operator must --
17                      (a) provide the agreed premises and shared
18                             premises in a reasonable state of cleanliness;
19                             and
20                     (b) maintain the shared premises in a reasonable
21                             state of cleanliness; and
22                      (c) provide and maintain the agreed premises and
23                             shared premises in a reasonable state of repair
24                             having regard to the age, character and
25                             prospective life of the premises; and
26                     (d) comply with any other written laws that apply
27                             in relation to the buildings in the residential
28                             park or the health and safety of park residents.




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1        (2)   If the park operator carries out work to comply with the
2              park operator's obligations under subsection (1), the
3              work must be carried out --
4                (a) as soon as reasonably practicable and in a
5                      manner that minimises disruption to the
6                      residents; and
7                (b) at an appropriate standard having regard to the
8                      age, character and prospective life of the agreed
9                      premises or shared premises; and
10               (c) if the work is carried out on agreed premises
11                     and the park operator must enter the agreed
12                     premises -- in accordance with section 32E.
13             Note for this section:
14                    Under section 64, a long-stay tenant may apply to the State
15                    Administrative Tribunal for particular orders in relation to
16                    this section.

17    32M.     Urgent repairs
18       (1)   In this section --
19             essential service means a service prescribed as an
20             essential service;
21             suitable repairer, in relation to urgent repairs, means a
22             person who is suitably qualified, trained or, if
23             necessary under a written law, licensed or otherwise
24             authorised, to undertake the urgent repairs;
25             urgent repairs, in relation to agreed premises, means
26             repairs to the premises that are necessary --
27               (a) for the supply or restoration of an essential
28                      service; or
29               (b) to avoid --
30                        (i) exposing a person to the risk of injury;
31                             or
32                       (ii) exposing property to damage; or


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1                             (iii)   causing the long-stay tenant undue
2                                     hardship or inconvenience.
3              (2)   It is a term of a long-stay agreement that if a need of
4                    urgent repairs arises otherwise than as a result of the
5                    breach of the agreement by the long-stay tenant --
6                       (a) the tenant must notify the park operator of the
7                              need for those repairs as soon as practicable
8                              after the need arises; and
9                      (b) the park operator must ensure that the repairs
10                             are carried out by a suitable repairer as soon as
11                             practicable after that notification.
12             (3)   It is a term of a long-stay agreement that the long-stay
13                   tenant may arrange for the urgent repairs to be carried
14                   out by a suitable repairer to the minimum extent
15                   necessary to effect those repairs if --
16                      (a) the tenant is unable to contact the park operator
17                             within --
18                                (i) in relation to urgent repairs for the
19                                      supply or restoration of an essential
20                                      service -- 24 hours; or
21                               (ii) in relation to other urgent repairs --
22                                      48 hours or any longer prescribed
23                                      period;
24                             or
25                     (b) the tenant contacts the park operator about the
26                             need for the urgent repairs but the park operator
27                             fails to ensure that the repairs are carried out by
28                             a suitable repairer as soon as practicable after
29                             the notification.
30             (4)   It is a term of a long-stay agreement that if the
31                   long-stay tenant arranges for the urgent repairs to be
32                   carried out under subsection (3), the park operator
33                   must, as soon as practicable after the repairs are carried


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1              out, reimburse the tenant for the reasonable expense
2              incurred in arranging for those repairs to be carried out.

3              Subdivision 4 -- Particular financial matters

4     32N.     Levies, rates, taxes and charges to be paid by park
5              operator
6              It is a term of a long-stay agreement that the park
7              operator must bear the cost of --
8                 (a) if a contribution is levied in respect of the
9                        agreed premises and shared premises under the
10                       Strata Titles Act 1985 -- the contribution; and
11               (b) all rates, taxes or charges imposed in respect of
12                       the agreed premises and shared premises
13                       under --
14                          (i) the Land Tax Act 2002; and
15                         (ii) the Local Government Act 1995; and
16                        (iii) the Water Services Act 2012, except a
17                              charge for the volume of water
18                              consumed.

19              Subdivision 5 -- Miscellaneous provisions

20    32O.     Assigning rights and obligations under long-stay
21             agreement or sub-letting agreed premises
22       (1)   A long-stay agreement may provide that the long-stay
23             tenant --
24               (a) may assign the tenant's rights and obligations
25                    under the agreement or sub-let the agreed
26                    premises; or
27               (b) may assign the tenant's rights and obligations
28                    under the agreement or sub-let the agreed
29                    premises only with the written consent of the
30                    park operator; or


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1                      (c)   must not assign the tenant's rights and
2                            obligations under the agreement or sub-let the
3                            agreed premises.
4              (2)   If a long-stay agreement does not include a term
5                    mentioned in subsection (1), it is a term of the
6                    agreement that a long-stay tenant may assign the
7                    tenant's rights and obligations under the agreement or
8                    sub-let the agreed premises only with the written
9                    consent of the park operator.
10             (3)   If a long-stay agreement includes a term mentioned in
11                   subsection (1)(b), or subsection (2) applies, it is a term
12                   of the agreement that --
13                     (a) the park operator must not unreasonably
14                           withhold consent; and
15                     (b) the park operator must not make any charge for
16                           giving the consent except for reasonable
17                           incidental expenses.
18             (4)   However, the operation of a provision of a long-stay
19                   agreement that purports to permit the assignment of the
20                   long-stay tenant's rights and obligations under the
21                   agreement is subject to the operation of any other
22                   written law that prohibits or regulates such an
23                   assignment.

24           32P.    Long-stay tenant's vicarious responsibility for
25                   breach of agreement
26             (1)   It is a term of a long-stay agreement that the long-stay
27                   tenant is vicariously responsible for any act or
28                   omission of another person who is lawfully on the
29                   agreed premises or shared premises, if the act or
30                   omission would have constituted a breach of the
31                   agreement if done or omitted by the tenant.
32             (2)   However, subsection (1) does not extend to a person
33                   who is lawfully on the agreed premises or shared

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1                    premises but whose authority does not derive from the
2                    permission, express or implied, of the long-stay tenant.
3


4    30.       Sections 32Q and 32R inserted
5              At the beginning of Part 3 Division 1 insert:
6


7           32Q.     Long-stay agreement may be terminated only under
8                    Act
9                    A long-stay agreement may be terminated only under a
10                   provision of this Act.

11          32R.     Notice of intention before end of fixed term
12                   long-stay agreement
13             (1)   This section applies if --
14                    (a) a park operator entered into a fixed term
15                          long-stay agreement with a long-stay tenant;
16                          and
17                    (b) the agreement does not provide the long-stay
18                          tenant with an option to renew.
19             (2)   A park operator must give the long-stay tenant a
20                   written notice stating --
21                    (a) whether or not the park operator intends to
22                           renew or extend the fixed term long-stay
23                           agreement or enter into a new long-stay
24                           agreement with the tenant; and
25                    (b) if the park operator intends to renew or extend
26                           the fixed term long-stay agreement or enter into
27                           a new long-stay agreement -- the proposed
28                           terms and conditions of the new agreement.




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1                 (3)     A park operator must give the long-stay tenant the
2                         written notice within the prescribed time frame.
3


4    31.          Section 33 amended
5          (1)    Before section 33(1) insert:
6

7                (1A)     In this section --
8                         period of notice, in relation to the termination of a
9                         long-stay agreement under a notice of termination,
10                        means the period beginning on the day on which the
11                        notice is given and ending on the specified day stated
12                        in the notice of termination.
13

14         (2)    In section 33(2):
15                  (a) delete "long-stay agreement for a fixed term" and insert:
16

17                         fixed term long-stay agreement
18

19                  (b)    in paragraph (b) before "tenant" insert:
20

21                         long-stay
22

23         (3)    In section 33(3):
24                  (a) in paragraph (b) delete "operator" and insert:
25

26                         operator, other than a mortgagee,
27

28                  (b)    delete paragraphs (c) and (d) and insert:
29

30                         (c)   the agreement is terminated under section 44B;
31                               or


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1                        (d)     for an on-site home agreement -- each
2                                long-stay tenant to the agreement dies; or
3                      (da)      for a site-only agreement --
4                                   (i) each long-stay tenant to the agreement
5                                         dies; and
6                                  (ii) if there is a relocatable home on the
7                                         site -- the relocatable home is removed
8                                         or sold;
9                                or
10

11         (4)   At the end of section 33(3) insert:
12

13                     Note for this subsection:
14                             For the purposes of paragraph (da), under section 64C the
15                             State Administrative Tribunal may make an order if each
16                             long-stay tenant to the agreement dies but the relocatable
17                             home is not removed or sold because the park operator is
18                             interfering with, or obstructing, the removal or sale of the
19                             relocatable home.
20


21   32.         Section 35A inserted
22               After section 35 insert:
23


24           35A.      Fixed term long-stay agreement does not become
25                     periodic tenancy at end of term
26                     Unless the park operator and long-stay tenant agree
27                     otherwise, a fixed term long-stay agreement does not
28                     become a periodic long-stay agreement at the end of
29                     the fixed term tenancy under the agreement.
30




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1    33.       Section 36 amended
2              In section 36 delete "long-stay agreement for a fixed term" and
3              insert:
4

5              fixed term long-stay agreement
6


7    34.       Section 37 amended
8              In section 37(c) delete "the prescribed information (if any)." and
9              insert:
10

11             any prescribed information.
12


13   35.       Section 38 amended
14             In section 38:
15               (a) in paragraph (a) delete "writing; and" and insert:
16

17                    writing in the approved form; and
18

19              (b)   in paragraph (d) delete "the prescribed information (if
20                    any)." and insert:
21

22                    any prescribed information.
23


24   36.       Part 3 Division 2 heading amended
25             In the heading to Part 3 Division 2 delete "Notice" and insert:
26

27             Grounds for notice
28




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1    37.          Section 39 amended
2          (1)    Before section 39(1) insert:
3

4                (1A)     In this section --
5                         default day means the day on or before which the park
6                         operator requires the amount of outstanding rent to be
7                         paid.
8

9          (2)    In section 39(1)(b) delete "specified" and insert:
10

11                default
12

13         (3)    In section 39(2):
14                  (a) in paragraph (b) after "day" insert:
15

16                          (the specified day)
17

18                  (b)     in paragraph (c) after "terminate the" insert:
19

20                          long-stay
21

22         (4)    In section 39(3):
23                  (a) delete paragraph (b) and insert:
24

25                          (b)   specify the default day; and
26

27                  (b)     in paragraph (c) delete "specified" and insert:
28

29                          default
30




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1          (5)   In section 39(4):
2                  (a) in paragraph (a) delete "day specified" and insert:
3

4                        default day
5

6                 (b)    in paragraph (b) delete "day specified" and insert:
7

8                        specified day
9

10                 (c)   in paragraph (b) delete "after the specified" and insert:
11

12                       after the default
13

14         (6)   In section 39(5)(a) and (6) delete "day specified" and insert:
15

16               specified day
17


18   38.         Section 40 amended
19         (1)   In section 40(2):
20                 (a) in paragraph (b) after "day" insert:
21

22                       (the default day)
23

24                (b)    in paragraph (c) delete "specified day, the park operator
25                       is entitled to terminate the" and insert:
26

27                       default day, the park operator is entitled to terminate the
28                       long-stay
29




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1          (2)   In section 40(3) delete "day specified" and insert:
2

3                default day
4

5          (3)   In section 40(4):
6                  (a) delete "day specified" and insert:
7

8                        default day
9

10                (b)    delete "long-stay tenant." and insert:
11

12                       tenant.
13

14         (4)   In section 40(5)(b) after "day" insert:
15

16               (the specified day)
17

18         (5)   In section 40(6) and (7) delete "day specified" and insert:
19

20               specified day
21


22   39.         Section 41 amended
23         (1)   In section 41(2)(b) after "day" insert:
24

25               (the specified day)
26




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1          (2)   Delete section 41(3) and (4) and insert:
2

3                (3)   The specified day --
4                       (a) for an on-site home agreement -- must be at
5                             least 60 days after the day on which the notice
6                             is given; and
7                       (b) for a site-only agreement -- must be at least
8                             180 days after the day on which the notice is
9                             given; and
10                      (c) for a fixed term tenancy --
11                               (i) if the long-stay tenant agrees in
12                                    writing -- may be a day earlier than the
13                                    last day of the term of the tenancy; or
14                              (ii) if the long-stay tenant does not agree in
15                                    writing -- must not be a day earlier than
16                                    the last day of the term of the tenancy;
17                            and
18                      (d) for a periodic tenancy -- may be a day earlier
19                            than the last day of a period of the tenancy.
20

21         (3)   In section 41(5) after "terminating the" insert:
22

23               long-stay
24


25   40.         Sections 41A to 41D inserted
26               After section 41 insert:
27


28           41A.      Termination because park to be used for different
29                     purpose
30               (1)   A park operator may give a notice of termination of a
31                     long-stay agreement to a long-stay tenant because the

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1              residential park where the site the subject of the
2              agreement is located will be --
3                (a) closed; or
4                (b) used for a purpose other than a residential park.
5        (2)   However, if an approval of development under the
6              Planning and Development Act 2005 is required before
7              the residential park may be used for a different
8              purpose, the park operator may terminate the long-stay
9              agreement only if an approval under that Act has been
10             granted for the development.
11       (3)   The park operator must give notice in writing to the
12             Commissioner that the park operator intends to give a
13             long-stay tenant a notice of termination at least 7 days
14             before the park operator gives a tenant the notice of
15             termination.
16             Penalty for this subsection: a fine of $5 000.
17       (4)   A failure to give the Commissioner the notice under
18             subsection (3) does not affect the validity of the notice.
19       (5)   The notice of termination must be in accordance with
20             section 41D.

21    41B.     Termination because vacant possession is required
22             for works
23       (1)   A park operator may give a notice of termination of a
24             long-stay agreement to a long-stay tenant because the
25             park operator is required to carry out works for which
26             vacant possession of the site the subject of the
27             agreement, or the part of the residential park where the
28             site is located, is required in order to complete the
29             works.
30       (2)   However, the park operator may terminate the
31             long-stay agreement under subsection (1) only if the
32             park operator gives the long-stay tenant evidence that

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1                    shows the basis upon which the works will be carried
2                    out.
3                    Example of evidence:
4                          A notice under a written law requiring work to be carried
5                          out.

6              (3)   The notice of termination must be in accordance with
7                    section 41D.

8            41C.    Termination because long-stay site is intended to be
9                    used for other purpose
10             (1)   A park operator may give a notice of termination of a
11                   long-stay agreement to a long-stay tenant because the
12                   site the subject of the agreement is intended to be used
13                   for a different purpose than as a long-stay site.
14             (2)   However, if an approval of development under the
15                   Planning and Development Act 2005 is required before
16                   the site may be used for a different purpose, the park
17                   operator may terminate the long-stay agreement only if
18                   an approval under that Act has been granted for the
19                   development.
20             (3)   The notice of termination must be in accordance with
21                   section 41D.

22           41D.    Requirements of notice of termination under s. 41A
23                   to 41C
24             (1)   A notice of termination given under sections 41A
25                   to 41C must --
26                     (a) state the section under which the park operator
27                          intends to terminate the long-stay agreement;
28                          and
29                     (b) specify the ground upon which the long-stay
30                          agreement is terminated; and
31                     (c) specify the day on or before which the park
32                          operator requires the long-stay tenant to give

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1                              vacant possession of the agreed premises to the
2                              park operator; and
3                        (d)   comply with section 38.
4                (2)    The day specified under subsection (1)(c) --
5                        (a) for a site-only agreement -- must be at least
6                              180 days after the day on which the notice is
7                              given; and
8                        (b) for an on-site home agreement -- must be at
9                              least 60 days after the day on which the notice
10                             is given; and
11                       (c) for a fixed term tenancy -- must not be earlier
12                             than the last day of a term of the tenancy.
13


14   41.         Section 42 amended
15         (1)   In section 42(1) delete "the long-stay agreement" and insert:
16

17               an on-site home agreement
18

19         (2)   In section 42(2):
20                 (a) in paragraph (a) delete "long-stay" and insert:
21

22                       on-site home
23

24                (b)    in paragraph (b) after "day" insert:
25

26                       (the specified day)
27




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1          (3)   Delete section 42(3) and (4) and insert:
2

3                (3)    The specified day --
4                        (a) must be at least 60 days after the day on which
5                              the notice is given; and
6                        (b) for a fixed term tenancy -- must not be a day
7                              earlier than the last day of the term of the
8                              tenancy; and
9                        (c) for a periodic tenancy -- may be a day earlier
10                             than the last day of a period of the tenancy.
11

12               Note: The heading to amended section 42 is to read:
13                      Termination of on-site home agreements by park operator without
14                      grounds

15   42.         Section 44 amended
16               In section 44(2)(a) delete "on which the" and insert:
17

18               (the specified day) on which the long-stay
19


20   43.         Part 3 Division 3A inserted
21               After section 44 insert:
22


23                     Division 3A -- Agreed premises abandoned
24           44A.       Park operator's right of entry in relation to
25                      abandonment
26               (1)    A park operator may enter agreed premises to inspect
27                      and secure the premises if --
28                        (a) the park operator has reasonable grounds to
29                             suspect that a long-stay tenant has abandoned
30                             the agreed premises; and

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1               (b)    the park operator gives the long-stay tenant a
2                      written notice under subsections (2) and (3);
3                      and
4                (c)   the long-stay tenant does not inform the park
5                      operator within 24 hours after receiving the
6                      notice that the tenant has not abandoned the
7                      premises.
8        (2)   The written notice must be in the approved form stating
9              that --
10               (a) the park operator suspects that the long-stay
11                    tenant has abandoned the premises; and
12               (b) the long-stay tenant must inform the park
13                    operator within 24 hours after receiving the
14                    notice whether the tenant has abandoned the
15                    premises; and
16               (c) if the long-stay tenant does not inform the park
17                    operator that the tenant has not abandoned the
18                    agreed premises, the park operator may enter
19                    the agreed premises to inspect and secure the
20                    premises; and
21               (d) the park operator may --
22                       (i) give the long-stay tenant a notice of
23                            abandonment under section 44B if the
24                            park operator suspects on reasonable
25                            grounds that the tenant has abandoned
26                            the agreed premises; or
27                      (ii) apply to the State Administrative
28                            Tribunal to terminate the agreement
29                            under section 70B because the long-stay
30                            tenant occupying the agreed premises
31                            under the agreement has abandoned the
32                            premises.




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1              (3)   The park operator may give the written notice to the
2                    long-stay tenant --
3                      (a) by leaving a copy of the notice at the agreed
4                            premises; and
5                      (b) either --
6                              (i) by leaving a copy of the notice at the
7                                   tenant's last known place of
8                                   employment or business; or
9                             (ii) if the tenant and park operator agree --
10                                  by electronic means.

11           44B.    Termination if agreed premises abandoned
12             (1)   If a park operator suspects on reasonable grounds that a
13                   long-stay tenant has abandoned the agreed premises,
14                   the park operator may give a notice (notice of
15                   abandonment) to the tenant terminating the agreement.
16             (2)   The notice of abandonment must --
17                    (a) be in writing and any approved form; and
18                    (b) be signed by or for the park operator; and
19                    (c) identify the premises; and
20                    (d) state the park operator is terminating the
21                          agreement because the long-stay tenant has
22                          abandoned the premises; and
23                    (e) state that if the long-stay tenant does not take
24                          action under section 70A to dispute the notice
25                          of abandonment within 7 days after being given
26                          the notice --
27                             (i) the tenant is taken to have abandoned
28                                  the premises; and
29                            (ii) the long-stay agreement is terminated.




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1              (3)     If the long-stay tenant does not take action under
2                      section 70A to dispute the notice of abandonment
3                      within 7 days after being given the notice --
4                        (a) the tenant is taken to have abandoned the
5                               premises; and
6                        (b) the long-stay agreement is terminated.
7


8    44.       Section 45 amended
9              In section 45(4)(b) delete "on which the agreement is to" and
10             insert:
11

12             (the specified day) on which the agreement will
13


14   45.       Section 46 amended
15             In section 46(1):
16               (a) delete "A long-stay tenant under a long-stay agreement
17                     for a fixed term is entitled to compensation" and insert:
18

19                       The park operator must pay compensation to a long-stay
20                       tenant under a fixed term long-stay agreement
21

22               (b)     delete paragraph (b).
23               (c)     in paragraph (d) delete "hardship to park operator)." and
24                       insert:
25

26                       hardship).
27

28             Note: The heading to amended section 46 is to read:
29                     When long-stay tenant is entitled to compensation as a result of
30                     termination of agreement




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1    46.         Section 47 amended
2          (1)   In section 47 delete "If " and insert:
3

4                (1)   If
5

6          (2)   At the end of section 47 insert:
7

8                      Note for this subsection:
 9                            The State Administrative Tribunal may make an order
10                            requiring the long-stay tenant to pay the park operator
11                            compensation under section 70B(2)(b).

12               (2)   A park operator is also entitled to compensation if the
13                     State Administrative Tribunal orders compensation be
14                     paid to the park operator under section 73(2A).
15


16   47.         Section 47A inserted
17               At the beginning of Part 3 Division 6 insert:
18


19           47A.      Application of Division
20                     This Division applies to goods, other than --
21                      (a) a tenant's document; or
22                      (b) prescribed goods.
23




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1    48.          Section 48 amended
2          (1)    Before section 48(1) insert:
3

4                (1A)   In this section --
5                       storage period means the period beginning on the day
6                       on which the long-stay agreement is terminated and
7                       ending 60 days after that day.
8

9          (2)    In section 48(3) delete "60 days." and insert:
10

11                the storage period.
12

13         (3)    At the end of section 48(3) insert:
14

15                      Penalty for this subsection: a fine of $5 000.
16

17         (4)    Delete section 48(4) and insert:
18

19                (4)   The park operator must --
20                       (a) give a notice in the approved form to the
21                            long-stay tenant or former long-stay tenant
22                            within 7 days after storing the abandoned
23                            goods; or
24                       (b) do both of the following --
25                               (i) arrange for a notice in the approved
26                                   form or a summary of the notice to be
27                                   made publicly available in the
28                                   prescribed manner within 7 days after
29                                   storing the abandoned goods;
30                              (ii) display the notice in a prominent
31                                   position at the residential park that was


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1                                      the subject of the long-stay agreement
2                                      within 9 days after storing the
3                                      abandoned goods.
4                      Penalty for this subsection: a fine of $5 000.
5

6          (5)   In section 48(6) delete "his or her opinion there are reasonable
7                grounds for believing that subsection (1)" and insert:
8

9                the Commissioner's opinion there are reasonable grounds for
10               believing that subsection (2)
11

12               Note: The heading to amended section 48 is to read:
13                     Disposing of goods abandoned by long-stay tenant

14   49.         Section 51 amended
15         (1)   At the beginning of section 51 insert:
16

17               (1)   The park operator is not liable for loss caused in
18                     respect of the removal, destruction or disposal of
19                     abandoned goods under section 48(2).
20               (2)   Also, the park operator is not liable, in respect of the
21                     removal, destruction, storage, sale or disposal of
22                     abandoned goods to which section 48(2) does not
23                     apply, except --
24                       (a) for intentional or negligent damage to the
25                             goods; or
26                       (b) to a person who had an interest in the
27                             abandoned goods if the park operator --
28                               (i) had actual knowledge the person had the
29                                    interest in the goods; and
30                              (ii) failed to take all reasonable steps to
31                                    notify the person of the whereabouts of
32                                    the goods; and

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1                                     (iii)   failed to afford the person an
2                                             opportunity to reclaim the goods.
3

4          (2)   In section 51:
5                  (a) delete "If " and insert:
6

7                (3)      If
8

9                   (b)        delete "he or she dealt with the goods" and insert:
10

11                             the goods were dealt with
12


13   50.         Section 52 amended
14               At the end of section 52 insert:
15

16                        Note for this section:
17                                 Under section 76(1)(a) a park operator may apply to the
18                                 State Administrative Tribunal for an order to be paid out of
19                                 the Rental Accommodation Account if the proceeds of the
20                                 sale of abandoned goods are insufficient to meet the costs
21                                 of removing, storing and selling the goods.
22


23   51.         Part 3 Division 6A inserted
24               After Part 3 Division 6 insert:
25


26                  Division 6A -- Abandoned tenant's documents
27           52A.         Dealing with abandoned tenant's documents
28               (1)      In this section --
29                        lawful owner, of a tenant's document, means a person
30                        who has a lawful right to the document;


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1                    storage period means the period beginning on the day
2                    on which the long-stay agreement is terminated and
3                    ending 60 days after that day.
4              (2)   This section applies if a tenant's document remains on
5                    the agreed premises on the day after the day on which
6                    the long-stay agreement was terminated.
7              (3)   A park operator must take reasonable care of a tenant's
8                    document for at least the storage period.
9                    Penalty for this subsection: a fine of $5 000.
10             (4)   The park operator must, during the storage period, take
11                   reasonable steps to notify the former long-stay tenant
12                   or, if known to the park operator, the lawful owner --
13                     (a) that the tenant's document was left at the
14                            agreed premises; and
15                     (b) how the lawful owner of the tenant's document
16                            may collect the document.
17                   Penalty for this subsection: a fine of $5 000.
18             (5)   The park operator must give a tenant's document to the
19                   lawful owner of the document if --
20                     (a) the tenant's document has not been destroyed
21                           or otherwise disposed of under this section; and
22                     (b) the lawful owner of the document paid any
23                           reasonable costs incurred by the park operator
24                           in storing the tenant's document and notifying
25                           the former long-stay tenant or the lawful owner
26                           about the tenant's document.
27                   Penalty for this subsection: a fine of $5 000.




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1              (6)   If a tenant's document kept under this section has not
2                    been claimed by the lawful owner of the document
3                    within the storage period, the park operator may
4                    destroy or otherwise dispose of the tenant's document.
5                    Note for this subsection:
 6                          Under section 76(1)(b) a park operator may apply to the
 7                          State Administrative Tribunal for an order to be paid out of
 8                          the Rental Accommodation Account if the park operator
 9                          destroys or otherwise disposes of a tenant's document
10                          under this subsection.

11             (7)   Nothing in this section affects the operation of another
12                   written law or other law affecting the destruction or
13                   disposal of a document.
14


15   52.       Part 4 Division 1A inserted
16             At the beginning of Part 4 insert:
17


18                             Division 1A -- Park rules
19          54A.     Park operator may make park rules
20             (1)   A park operator may make rules (park rules) for
21                   long-stay tenants in a residential park about the use,
22                   enjoyment, control and management of the park.
23             (2)   The park rules must --
24                    (a) be made in accordance with this Division and
25                          regulations made under this Division; and
26                    (b) not require, or have the effect of requiring, a
27                          long-stay tenant to undertake significant works,
28                          unless the works are required for health and
29                          safety; and
30                    (c) be fair and reasonable; and
31                    (d) be clearly expressed; and


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1                      (e)     operate in a prospective manner.
2                    Note for this subsection:
3                            Under section 63B(2)(d) a long-stay tenant may apply to the
4                            State Administrative Tribunal for an order if a park rule is
5                            inconsistent with this subsection.

6            54B.    Regulations may provide for matters in park rules
7              (1)   The regulations may prescribe --
8                     (a) matters that must be included in the park rules;
9                           and
10                    (b) matters or types of rules that must not be
11                          included in the park rules.
12                   Note for this subsection:
13                           Under section 63B(2)(d) a long-stay tenant may apply to the
14                           State Administrative Tribunal for an order if a park rule is
15                           inconsistent with regulations made under this subsection.

16             (2)   A park operator must ensure that the park rules comply
17                   with any regulations prescribed under subsection (1).
18                   Penalty for this subsection: a fine of $5 000.

19           54C.    Making and altering park rules
20             (1)   In this section --
21                   alter includes replace, substitute in whole or in part,
22                   add to, vary or delete.
23             (2)   The regulations may prescribe the manner in which a
24                   park operator must make or alter the park rules.
25             (3)   The park operator may make or alter park rules only in
26                   accordance with any regulations made under
27                   subsection (2).




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1           54D.     Compliance, application and enforcement of park
2                    rules
3              (1)   A long-stay tenant must --
4                     (a) comply with the park rules; and
5                     (b) use reasonable endeavours to ensure that a
6                           person living with the long-stay tenant or
7                           invited by the tenant into the residential park
8                           complies with the park rules.
9              (2)   A park operator must --
10                    (a) comply with the park rules; and
11                    (b) take all reasonable steps to ensure that all
12                          long-stay tenants comply with the park rules;
13                          and
14                    (c) ensure that the park rules are applied and
15                          enforced reasonably, fairly and equitably.
16


17   53.       Section 55 amended
18             In section 55(1) delete "premises, unless the agreement
19             expressly provides that on site sales are prohibited." and insert:
20

21             premises.
22


23   54.       Sections 56 to 58 replaced
24             Delete sections 56 to 58 and insert:
25

26          55A.     Information to be given to purchaser of relocatable
27                   home on site
28             (1)   In this section --
29                   seller means --
30                     (a) the long-stay tenant; or

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1                          (b)     if the long-stay tenant has a selling agent -- the
2                                  tenant's selling agent.
3                  (2)   A long-stay tenant must not sell a relocatable home on
4                        a site to a potential buyer unless the seller has given the
5                        potential buyer a purchase disclosure notice in the
6                        approved form before the potential buyer signs the sale
7                        contract.
8                        Note for this subsection:
 9                               Under section 64A, a potential buyer may apply to the State
10                               Administrative Tribunal for particular orders if a purchase
11                               disclosure notice is not given to the buyer under this
12                               subsection.

13           56.         Park operator's obligations
14                 (1)   A park operator must not interfere with, hinder or
15                       obstruct the sale of a relocatable home by a long-stay
16                       tenant, including by --
17                         (a) unreasonably restricting potential buyers from
18                               inspecting the relocatable home and the shared
19                               premises; and
20                         (b) making a false or misleading statement about
21                               the residential park that may affect the sale.
22                       Penalty for this subsection: a fine of $20 000.
23                 (2)   A park operator does not interfere with, hinder or
24                       obstruct the sale only because the park operator does
25                       not enter into a long-stay agreement with a potential
26                       purchaser of a relocatable home on reasonable grounds.

27           57.         Long-stay tenant may appoint selling agent
28                 (1)   A long-stay tenant may appoint a park operator or
29                       another person as a selling agent in relation to the sale
30                       of a relocatable home only if --
31                         (a) the person and the long-stay tenant enter into a
32                               written agreement (selling agency agreement)


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1                     for the person to be the tenant's selling agent in
2                     relation to the home; and
3               (b)   the selling agency agreement complies with any
4                     prescribed requirements for selling agency
5                     agreements.
6        (2)   A park operator must not require a long-stay tenant to
7              appoint a particular person as a selling agent, whether
8              as part of a long-stay agreement or otherwise.
9              Penalty for this subsection: a fine of $5 000.
10       (3)   A term of a long-stay agreement stating that the
11             long-stay tenant must appoint a particular person as a
12             selling agent has no effect.
13       (4)   If a long-stay tenant appoints a selling agent other than
14             the park operator, the park operator must not
15             unreasonably hinder the selling agent's access to the
16             residential park.
17             Penalty for this subsection: a fine of $20 000.

18    57A.     Selling agent's commission and incidental expenses
19       (1)   In this section --
20             incidental expenses --
21               (a) means reasonable expenses --
22                        (i) paid or payable by the selling agent to a
23                             person who provides a service; and
24                       (ii) that were incurred by the selling agent
25                             in the course of selling or negotiating
26                             the sale of a relocatable home;
27                      and
28               (b) includes prescribed expenses;
29             sale commission means a commission, fee or other
30             amount, other than incidental expenses, for the sale or
31             negotiation of the sale of a relocatable home.

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1              (2)   A person must not demand or receive a sale
2                    commission, an amount for incidental expenses or any
3                    other valuable consideration from a long-stay tenant in
4                    relation to the sale of a relocatable home unless --
5                      (a) the person is appointed as a selling agent under
6                            a selling agency agreement; and
7                      (b) the selling agency agreement complies with any
8                            requirements for the agreement prescribed
9                            under section 57(1)(b).
10                   Penalty for this subsection: a fine of $5 000.
11             (3)   Also, a selling agent may be paid a sale commission or
12                   an amount for incidental expenses by the long-stay
13                   tenant in relation to the sale of a relocatable home only
14                   if --
15                      (a) the selling agency agreement specifies that a
16                           sale commission or incidental expenses must be
17                           paid by the tenant; and
18                     (b) if a sale commission must be paid under the
19                           agreement, the agreement --
20                              (i) specifies the amount of sale commission
21                                    or the method by which the sale
22                                    commission must be calculated; and
23                             (ii) sets out the nature of the services the
24                                    selling agent must perform in return for
25                                    the sale commission;
26                           and
27                      (c) if incidental expenses are to be paid under the
28                           agreement, the agreement sets out the nature of
29                           the services for which incidental expenses must
30                           be paid for by the tenant; and
31                     (d) the selling agent gives an invoice or statement
32                           of claim to the tenant that sets out the amounts
33                           claimed and the details of the services
34                           performed.

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1        (4)   However, no sale commission is payable if --
2               (a) the relocatable home is not sold; or
3               (b) the relocatable home is sold but the actions of
4                   the selling agent did not result in the sale; or
5               (c) for a selling agent who is a park operator --
6                      (i) there is a voluntary sharing arrangement
7                            in the long-stay agreement; or
8                     (ii) the relocatable home is sold but the sale
9                            is made to the park operator or a close
10                           associate of the park operator.
11       (5)   A sale commission, an amount for incidental expenses
12             or any other valuable consideration received in
13             contravention of this section is recoverable by the
14             long-stay tenant who paid it as a debt due in a court of
15             competent jurisdiction.

16    57B.     Park operator not required to be licensed to act as
17             selling agent
18             When a park operator acts as a selling agent under a
19             selling agency agreement, the park operator is not
20             required to hold --
21               (a) a dealer's licence under the Motor Vehicle
22                     Dealers Act 1973; or
23               (b) a licence of an agent under the Real Estate and
24                     Business Agents Act 1978.

25    57C.     Trust accounts for selling agents
26       (1)   If a selling agent receives money under the selling
27             agency agreement (except commission payable to the
28             selling agent), the selling agent must either --
29               (a) if the selling agent is licensed under the Motor
30                      Vehicle Dealers Act 1973 or Real Estate and
31                      Business Agents Act 1978 -- deposit the money


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1                           in a trust account maintained under the Motor
2                           Vehicle Dealers Act 1973 or the Real Estate
3                           and Business Agents Act 1978; or
4                     (b) otherwise -- deal with the money in
5                           accordance with subsections (2) and (3).
6                    Penalty for this subsection: a fine of $3 000.
7              (2)   The selling agent must --
8                     (a) deposit the money in a separate ADI account (a
9                            sale trust account) opened in the name of the
10                           selling agent and the long-stay tenant and
11                           entitled "sale trust account"; and
12                    (b) when the sale is completed, pay the proceeds at
13                           the direction of the long-stay tenant after
14                           deducting in accordance with the selling agency
15                           agreement any amounts owing to the selling
16                           agent by way of expenses or commission.
17             (3)   The Real Estate and Business Agents Act 1978
18                   section 68(2) to (6) apply to the sale trust account as if
19                   a reference in those subsections to an agent and to a
20                   trust account were a reference to the selling agent and
21                   to the sale trust account respectively.

22           57D.    Park operator's recovery of reasonable expenses for
23                   sale of relocatable home
24                   A park operator may recover reasonable expenses
25                   incurred because a long-stay tenant is selling a
26                   relocatable home, including the costs of considering
27                   whether a potential buyer of a relocatable home is a
28                   person suitable to be a long-stay tenant.




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1     58.         Sale of relocatable home at agreed premises
2                 conditional on assignment of rights and obligations
3                 under, or entry into, long-stay agreement
4           (1)   In this section --
5                 relevant long-stay agreement means an agreement
6                 between the seller and the relevant park operator;
7                 relevant park operator means a park operator of the
8                 residential park where a relocatable home that is being
9                 sold under a sale contract is located.
10          (2)   This section applies if --
11                 (a) a long-stay tenant (the seller) is to sell a
12                       relocatable home to a person (the buyer) under
13                       a contract (the sale contract); and
14                 (b) the buyer intends to use or occupy the home at
15                       the agreed premises; and
16                 (c) before the sale contract was entered into, the
17                       park operator had not entered into a long-stay
18                       agreement with the buyer; and
19                 (d) the seller has not assigned, under the sale
20                       contract or before the sale contract was entered
21                       into, the seller's rights and obligations under
22                       the relevant long-stay agreement to the buyer.
23          (3)   It is a condition of the sale contract that --
24                   (a) the sale of the relocatable home is conditional
25                         on --
26                           (i) the relevant park operator entering into
27                                 a long-stay agreement with the buyer; or
28                          (ii) the assignment of the seller's rights and
29                                 obligations under the relevant long-stay
30                                 agreement to the buyer;
31                         and



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1                      (b)     if the agreement or assignment does not occur
2                              within the later of the following periods after
3                              the sale contract has been entered into, the sale
4                              contract has no effect --
5                                 (i) if an application is made to the State
6                                      Administrative Tribunal under
7                                      section 62A(2)(f) -- when the
8                                      application is finally decided or
9                                      otherwise dealt with;
10                               (ii) otherwise -- 60 days or another period
11                                     agreed by the long-stay tenant and the
12                                     buyer.
13             (4)   If the relevant long-stay agreement prohibits the
14                   assignment of the seller's rights and obligations under
15                   the relevant long-stay agreement, the relevant park
16                   operator must enter into a long-stay agreement with the
17                   buyer unless --
18                     (a) the relevant park operator refuses to enter into
19                            the agreement on reasonable grounds; or
20                     (b) the relevant park operator and the buyer cannot
21                            agree on the terms of a new agreement.
22                   Note for this subsection:
23                           Under section 32O(1)(c), a long-stay agreement may
24                           provide that the long-stay tenant must not assign the
25                           tenant's interest in the agreed premises.

26             (5)   If the relevant long-stay agreement provides that the
27                   assignment of the seller's rights and obligations under
28                   the relevant long-stay agreement is not subject to the
29                   written consent of the relevant park operator, the
30                   relevant park operator must consent to the assignment
31                   of the seller's rights and obligations under the relevant
32                   long-stay agreement to the buyer.




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1                    Note for this subsection:
2                           Under section 32O(1)(a), a long-stay agreement may
3                           provide that the long-stay tenant may assign the tenant's
4                           interest in the agreed premises.

5              (6)   If the relevant long-stay agreement provides that the
6                    assignment of the seller's rights and obligations under
7                    the relevant long-stay agreement is subject to the
8                    written consent of the relevant park operator, the
9                    relevant park operator must --
10                     (a) consent to the assignment to the buyer; or
11                     (b) refuse to consent to the assignment to the buyer
12                            on reasonable grounds.
13                   Note for this subsection:
14                          Under section 32O(1)(b), a long-stay agreement may
15                          provide that the long-stay tenant may assign the tenant's
16                          interest in the agreed premises only with the written consent
17                          of the park operator.
18


19   55.       Section 59 amended
20             Delete section 59(1) and insert:
21

22             (1)   A park operator must convene and maintain a park
23                   liaison committee for a residential park under
24                   section 60 if --
25                     (a) the park has 20 or more long-stay sites; and
26                     (b) a majority of the long-stay tenants in the park
27                           vote to ask the park operator to form a park
28                           liaison committee.
29                   Penalty for this subsection: a fine of $5 000.
30           (1A)    The regulations may prescribe the manner in which a
31                   vote must be held under subsection (1)(b).
32




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1    56.       Section 60 amended
2              Delete section 60(3) and insert:
3

4              (3)        The regulations may prescribe the manner in which the
5                         members of a park liaison committee that represent
6                         long-stay tenants must be chosen.
7              (4)        A park operator must not unduly interfere with how the
8                         members of a park liaison committee are chosen by the
9                         long-stay tenants.
10                        Penalty for this subsection: a fine of $5 000.
11


12   57.       Section 61 amended
13             In section 61(2):
14               (a) in paragraph (a)(iv) delete "matter prescribed by the
15                     regulations;" and insert:
16

17                         prescribed matter;
18

19                  (b)    in paragraph (c) delete "function prescribed by the
20                         regulations." and insert:
21

22                         prescribed function.
23


24   58.       Section 61A inserted
25             At the end of Part 4 Division 2 insert:
26


27           61A.         Other long-stay tenant committees
28                        Nothing in this Act is taken to prevent long-stay
29                        tenants at a residential park from forming social or


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1                       other tenant committees that have different functions
2                       than the park liaison committee.
3


4    59.          Sections 62 to 64 replaced
5                 Delete sections 62 to 64 and insert:
6


7           62.         Orders if form of long-stay agreement does not
8                       comply with Pt. 2 Div. 1
9                 (1)   A long-stay tenant who is a party to a long-stay
10                      agreement may apply to the State Administrative
11                      Tribunal for relief if the agreement --
12                        (a) contravenes the requirements of section 10(1);
13                             or
14                        (b) is not in the form of any standard-form
15                             agreement prescribed under section 10A; or
16                        (c) includes a non-standard term referred to in
17                             section 10B(2); or
18                        (d) does not include a term prescribed under
19                             section 10B(4).
20                (2)   The State Administrative Tribunal may make an
21                      order --
22                        (a) terminating the long-stay agreement; or
23                        (b) determining the terms of the long-stay
24                             agreement; or
25                        (c) that a term has no effect; or
26                        (d) requiring the park operator to prepare a
27                             long-stay agreement that --
28                                (i) complies with section 10(1); or
29                               (ii) is in the form of the standard-form
30                                     agreement; or


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1                            (iii)   does not include a term referred to in
2                                    section 10B(2); or
3                            (iv)    includes a term prescribed under
4                                    section 10B(4).

5            62A.    Breaches of agreement and other disputes
6              (1)   This section applies in relation to a party, or a former
7                    party, to any of the following --
8                      (a) an agreement for an option to enter into a
9                             long-stay agreement;
10                    (b) a long-stay agreement;
11                     (c) a selling agency agreement.
12             (2)   The party or former party may apply to the State
13                   Administrative Tribunal for relief in any of the
14                   following circumstances --
15                     (a) a breach of the agreement has occurred;
16                     (b) a term of a long-stay agreement is harsh or
17                          unreasonable or inconsistent with the Act;
18                     (c) the park operator contravened section 11
19                          or 20A;
20                     (d) the agreement has been terminated;
21                     (e) any other dispute has arisen under or in
22                          connection with --
23                             (i) the agreement; or
24                            (ii) any payment to be made, or purported to
25                                  be made, under or in connection with
26                                  the agreement;
27                      (f) the park operator refuses to enter into a new
28                          long-stay agreement with, or consent to the
29                          assignment of the long-stay tenant's interest in
30                          the agreement to, the buyer under section 58(4),
31                          (5) or (6).


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1     62B.     Matters State Administrative Tribunal may
2              consider
3        (1)   In this section --
4              Australian Consumer Law (WA) has the meaning
5              given in the Fair Trading Act 2010 section 17.
6        (2)   In making a decision under a provision of this Act, the
7              State Administrative Tribunal may consider whether
8              the long-stay tenant or park operator --
9                (a) made a false or misleading representation; or
10               (b) engaged in conduct that is misleading or
11                     deceptive or likely to mislead or deceive; or
12               (c) engaged in conduct that is unconscionable
13                     under the Australian Consumer Law (WA)
14                     section 20; or
15               (d) used physical force, undue harassment or
16                     coercion.

17    62C.     Directions and orders
18       (1)   On hearing an application under a provision of this
19             Act, the State Administrative Tribunal may give such
20             directions and make such orders as it considers
21             appropriate.
22       (2)   Without limiting subsection (1), the State
23             Administrative Tribunal may do any or all of the
24             following --
25               (a) restrain any action in breach of a long-stay
26                    agreement;
27               (b) require any action in performance of a
28                    long-stay agreement;
29               (c) order the payment of any amount payable under
30                    a long-stay agreement;



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1                    (d)    if a park operator failed to comply with
2                           section 11 or 20A --
3                              (i) order the payment of compensation to a
4                                   long-stay tenant or prospective
5                                   long-stay tenant for loss; or
6                             (ii) if the tribunal is satisfied that the
7                                   long-stay tenant would not have entered
8                                   into the contract had disclosure been
9                                   made under section 11 -- order that the
10                                  contract is terminated and make such
11                                  further orders as the tribunal considers
12                                  appropriate;
13                    (e)   order the repayment to a party to a long-stay
14                          agreement of an amount paid by the party to the
15                          other party under a mistake of law or fact;
16                    (f)   determine the amount of rent payable under a
17                          long-stay agreement;
18                   (g)    order the payment of compensation for loss or
19                          injury (except personal injury) caused by a
20                          breach of the agreement or by breach of an
21                          order of the tribunal or a court;
22                   (h)    authorise the payment to the tribunal of an
23                          amount of rent payable under the agreement
24                          until the agreement has been complied with, or
25                          an application for compensation has been
26                          determined;
27                    (i)   order that rent paid to the tribunal must be paid
28                          out towards the cost of remedying a breach of
29                          the agreement, towards the amount of any
30                          compensation, or otherwise as the tribunal
31                          considers appropriate;
32                    (j)   if a term of a long-stay agreement is harsh,
33                          unreasonable or is inconsistent with the Act --
34                          declare that the term has no effect;


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1               (k)    order the park operator to enter into a new
2                      long-stay agreement with, or to consent to the
3                      assignment of the long-stay tenant's interest in
4                      the agreement to, the buyer under section 58(4),
5                      (5) or (6);
6                (l)   make such other orders as the tribunal considers
7                      appropriate.
8        (3)   The powers of the State Administrative Tribunal to
9              make orders and give directions is in addition to, and
10             does not derogate from, the powers of the tribunal to
11             give directions or make orders under another provision
12             of this Act.

13    62D.     Orders in relation to park operator's
14             representations
15       (1)   A long-stay tenant may apply to the State
16             Administrative Tribunal for relief if --
17              (a) the park operator made an oral or written
18                    representation, whether before or after the
19                    long-stay agreement was entered into, about a
20                    facility or service to be provided to the tenant;
21                    and
22              (b) the facility or service has not been provided.
23       (2)   If the State Administrative Tribunal is satisfied of the
24             matters referred to in subsection (1), the tribunal may
25             order --
26               (a) the park operator to pay the long-stay tenant
27                     compensation for loss caused by the failure to
28                     provide the facility or service; or
29               (b) if the tribunal is satisfied that a long-stay tenant
30                     would not have entered into the long-stay
31                     agreement if the facility or service the subject
32                     of the representation made before the
33                     agreement was entered into was not provided


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1                               by the park operator -- that the agreement is
2                               terminated; or
3                         (c)   the park operator to take an action in
4                               performance of the representation; or
5                         (d)   a reduction in rent because of the failure to
6                               provide the facility or service.

7            63.         Orders for reduction of rent
8                  (1)   A long-stay tenant may apply to the State
9                        Administrative Tribunal for an order reducing the
10                       amount of rent payable for the agreed premises on the
11                       grounds that --
12                         (a) since the long-stay agreement was entered into,
13                              or was last renewed or extended, there has
14                              been, without any default on the part of the
15                              tenant, a significant reduction in --
16                                 (i) the size or quality of the agreed
17                                      premises; or
18                                (ii) the number or quality of the chattels
19                                      provided with the agreed premises; or
20                               (iii) the extent or quality of the shared
21                                      premises or the facilities provided as
22                                      part of the shared premises;
23                              or
24                         (b) in determining the amount of rent payable for
25                              the agreed premises the park operator was
26                              wholly or partly motivated by a desire for the
27                              tenancy to be terminated.
28                 (2)   An application may be made whether or not a long-stay
29                       tenant has paid or agreed to pay the amount of rent the
30                       subject of the application.




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1        (3)   The State Administrative Tribunal may order that the
2              amount of rent payable for the agreed premises is
3              reduced if satisfied that --
4                (a) the grounds of the application are made out;
5                     and
6                (b) the amount is excessive in the circumstances.
7        (4)   In deciding the application, the State Administrative
8              Tribunal must have regard to anything the tribunal
9              considers relevant, including --
10               (a) the amounts of rent generally payable for
11                     comparable premises in the locality or a similar
12                     locality; and
13               (b) the estimated capital value of the agreed
14                     premises at the date of the application; and
15               (c) the amount of the outgoings to be borne by the
16                     park operator in respect of the agreed premises;
17                     and
18               (d) the estimated cost of any services provided by
19                     the park operator or the long-stay tenant under
20                     the long-stay agreement; and
21               (e) the value and nature of any chattels provided
22                     for the use of the long-stay tenant with the
23                     agreed premises or as part of the shared
24                     premises; and
25                (f) the standard and nature of the facilities and
26                     amenities that are available for the use of the
27                     long-stay tenant as part of the shared premises;
28                     and
29               (g) in the case of an on-site home agreement -- the
30                     standard of accommodation and amenities
31                     provided in the agreed premises and the state of
32                     repair and general condition of the agreed
33                     premises.


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1              (5)   When the State Administrative Tribunal makes the
2                    order, it must specify --
3                      (a) the maximum amount of rent payable by the
4                             long-stay tenant for the agreed premises; and
5                      (b) the day on and after which the reduced amount
6                             is payable, being a day not earlier than the day
7                             on which the long-stay tenant applied for the
8                             reduction in rent; and
9                      (c) the minimum period for which the reduced
10                            amount is payable.

11           63A.    Determination of proposed rental increase under
12                   s. 31
13             (1)   A park operator may apply to the State Administrative
14                   Tribunal for an order to increase the amount of rent
15                   payable as a result of significant cost increases under
16                   section 31 if --
17                     (a) the park operator gives a written notice to the
18                           long-stay tenant under section 31(2); and
19                     (b) either --
20                              (i) the long-stay tenant does not give the
21                                  park operator a written notice within
22                                  28 days after receiving the notice from
23                                  the park operator; or
24                             (ii) the long-stay tenant does not agree by
25                                  written notice to the proposed increase
26                                  within 28 days after receiving the notice
27                                  from the park operator.
28             (2)   In deciding the application, the State Administrative
29                   Tribunal may make --
30                     (a) an order reducing the amount of the proposed
31                           increase by a stated amount; or
32                     (b) an order setting aside the proposed increase; or


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1                (c)   an order confirming the proposed increase, on
2                      any conditions stated in the notice; or
3               (d)    another order that the tribunal considers
4                      appropriate.
5        (3)   In deciding the application, the State Administrative
6              Tribunal must have regard to anything the tribunal
7              considers relevant, including --
8                (a) the amount of the increase when compared to
9                      the rent currently payable under the agreement;
10                     and
11               (b) the frequency, and amount, of previous rental
12                     increases; and
13               (c) any increase in the all groups consumer price
14                     index for Perth published by the Australian
15                     Bureau of Statistics; and
16               (d) the standard and nature of the facilities and
17                     services that are available for the use of the
18                     long-stay tenant as part of the shared premises;
19                     and
20               (e) any withdrawal of facilities and services that
21                     were available for the use of the long-stay
22                     tenant as part of the shared premises; and
23                (f) any addition to the standard and nature of the
24                     facilities and services that are available for the
25                     use of the long-stay tenant as part of the shared
26                     premises; and
27               (g) the significant cost increases or unforeseen
28                     repair costs that necessitate the proposed
29                     increase; and
30               (h) whether the increase is fair and equitable in all
31                     the circumstances.




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1            63B.    Disputes about park rules
2              (1)   A long-stay tenant may apply to the State
3                    Administrative Tribunal for relief in relation to park
4                    rules.
5              (2)   Without limiting subsection (1), the long-stay tenant
6                    may make an application for any of the following
7                    reasons --
8                      (a) a park rule is unreasonable;
9                      (b) a park rule is not applied or enforced in a
10                          reasonable, fair or equitable way;
11                     (c) the manner a park rule is applied or enforced
12                          affects the tenant in a harsh or unreasonable
13                          way;
14                     (d) a park rule is inconsistent with section 54A(2)
15                          or any regulations made under section 54B(1).
16             (3)   A park operator may also apply to the State
17                   Administrative Tribunal for relief in relation to park
18                   rules.
19             (4)   In deciding whether a park rule is applied or enforced
20                   in a way that is contrary to subsection (2)(b) or (c), the
21                   State Administrative Tribunal may consider --
22                     (a) the nature of the breach of the park rule; and
23                     (b) what timeframes were imposed as a result of
24                           the breach; and
25                     (c) any previous breaches.
26             (5)   The State Administrative Tribunal may, if the tribunal
27                   considers it is appropriate --
28                     (a) order that a person comply with the park rules;
29                          or
30                     (b) revoke or alter a park rule, or give directions
31                          modifying the operation of a park rule in
32                          relation to a long-stay tenant; or

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1                (c)   make another order the tribunal considers
2                      appropriate.

3     63C.     Recognising persons as long-stay tenants
4        (1)   This section applies if --
5               (a) a person (resident) is not a long-stay tenant but
6                     is residing in agreed premises the subject of a
7                     long-stay agreement; and
8               (b) the resident asks the park operator who is a
9                     party to the long-stay agreement to vary the
10                    agreement to add the resident as a long-stay
11                    tenant; and
12              (c) the park operator refuses to vary the long-stay
13                    agreement.
14       (2)   The resident may apply to the State Administrative
15             Tribunal to be recognised as a long-stay tenant in
16             respect of the agreed premises.
17       (3)   The application may be made --
18              (a) during another application or a proceeding
19                    before the tribunal; or
20              (b) when no application or proceeding is before the
21                    tribunal.
22       (4)   The State Administrative Tribunal may, if the tribunal
23             considers it is appropriate --
24               (a) order --
25                       (i) that the long-stay agreement is varied so
26                              that the resident is a long-stay tenant
27                              who is a party to the agreement, and is
28                              taken for any written law or the
29                              agreement to be a tenant under the
30                              agreement; and
31                      (ii) that the long-stay agreement be
32                              continued on the terms and conditions

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1                                          that the tribunal considers are
2                                          appropriate;
3                                 or
4                          (b)    order that the resident is joined as a party to an
5                                 application or a proceeding before the tribunal.
6                  (5)   In making an order under subsection (4), the State
7                        Administrative Tribunal must consider whether the
8                        resident is suitable to be recognised as a long-stay
9                        tenant in respect of the agreed premises.
10                       Example for this subsection:
11                            The agreed premises the resident is occupying is within a
12                            residential park, or part of a park, to which section 20(1) applies
13                            and the resident has not reached the age at which the resident is
14                            permitted to live on the agreed premises.

15           64.         Orders requiring works after failure to comply with
16                       responsibility for cleanliness and repair under
17                       s. 32L
18                 (1)   A long-stay tenant may apply to the State
19                       Administrative Tribunal if a park operator does not
20                       comply with the park operator's obligations under
21                       section 32L.
22                 (2)   If the State Administrative Tribunal is satisfied that the
23                       park operator has not complied with the park operator's
24                       obligations under section 32L, the tribunal may
25                       make --
26                         (a) an order requiring work of a specified kind to
27                               be carried out; or
28                         (b) an order requiring the park operator to pay
29                               compensation to the long-stay tenant or to
30                               another tenant; or
31                         (c) another order that the tribunal considers is
32                               appropriate in the circumstances.



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1     64A.     Orders if potential buyer not given purchase
2              disclosure notice
3        (1)   If a potential buyer is not given a purchase disclosure
4              notice under section 55A, the potential buyer may
5              apply to the State Administrative Tribunal for --
6                (a) an order for compensation; or
7                (b) an order for rescission of the sale contract
8                      between the potential buyer and the long-stay
9                      tenant; or
10               (c) another order the tribunal considers is
11                     appropriate.
12       (2)   In deciding the application, the State Administrative
13             Tribunal must have regard to --
14               (a) whether the potential buyer has been
15                     disadvantaged because the buyer was not given
16                     the purchase disclosure notice; and
17               (b) another matter the tribunal considers relevant.

18    64B.     Determination of compensation payable to long-stay
19             tenant because of relocation under s. 32A
20       (1)   A party to a long-stay agreement may apply to the
21             State Administrative Tribunal for a determination of
22             the amount of compensation to which the long-stay
23             tenant is entitled under section 32A when the tenant is
24             required to relocate from the tenant's current site to
25             another site.
26       (2)   When determining the amount of compensation to be
27             paid to the long-stay tenant because of the relocation,
28             the State Administrative Tribunal must have regard to
29             the losses arising from the matters mentioned in
30             section 32A(1).




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1            64C.    Orders in relation to site-only agreement if
2                    long-stay tenants die and removal or sale of
3                    relocatable home is obstructed
4              (1)   This section applies if --
5                     (a) every long-stay tenant to a site-only agreement
6                           dies; and
7                     (b) there is a relocatable home on the site that has
8                           not yet been removed or sold; and
9                     (c) the park operator is interfering with, or
10                          obstructing, an executor or personal
11                          representative of a deceased long-stay tenant, or
12                          the tenant's beneficiary, in removing or selling
13                          the relocatable home.
14             (2)   The executor or personal representative of a deceased
15                   long-stay tenant, or the tenant's beneficiary, may apply
16                   to the State Administrative Tribunal for an order in
17                   relation to the site-only agreement.
18             (3)   If the State Administrative Tribunal is satisfied of the
19                   matters in subsection (1), the tribunal may make --
20                     (a) an order terminating the site-only agreement; or
21                     (b) an order reducing the rent paid under the
22                           site-only agreement; or
23                     (c) an order suspending or deferring the obligation
24                           to pay rent under the site-only agreement until
25                           the relocatable home is removed or sold; or
26                     (d) an order terminating the obligation to pay rent
27                           under the site-only agreement; or
28                     (e) another order the tribunal considers
29                           appropriate.
30




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1    60.         Section 65 amended
2          (1)   In section 65(2):
3                  (a) delete "may" and insert:
4

5                        must
6

7                 (b)    before paragraph (a) insert:
8

9                       (aa)    the cost incurred by the long-stay tenant in
10                              travelling, and transporting the tenant's
11                              possessions that are kept at the residential park,
12                              for the distance from the residential park to
13                              other premises designated by the tenant, or
14                              for 600 km, whichever is shorter;
15

16                (c)    in paragraph (b) delete "carrying" and insert:
17

18                       transporting
19

20                (d)    after paragraph (d) insert:
21

22                      (da)    any other financial loss incurred as a result of
23                              the termination of the agreement;
24

25         (2)   In section 65(3):
26                 (a) in paragraph (a) delete "his or her" and insert:
27

28                       the tenant's
29




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1                  (b)     after paragraph (a) insert:
2

3                         (aa)   the costs of disconnecting and reconnecting
4                                utilities to the site;
5

6                  (c)     in paragraph (b) after "other" insert:
7

8                          financial
9

10               Note: The heading to amended section 65 is to read:
11                       Determination of compensation payable to long-stay tenant for
12                       termination under s. 46

13   61.         Section 67 amended
14         (1)   In section 67(1)(a) delete "long-stay agreement for a fixed term"
15               and insert:
16

17               fixed term long-stay agreement
18

19         (2)   In section 67(2)(a) after "terminating the" insert:
20

21               long-stay
22

23         (3)   After section 67(6) insert:
24

25               (7)     Also, the State Administrative Tribunal may suspend
26                       the operation of the order for a further period decided
27                       by the tribunal if the park operator did not give the
28                       long-stay tenant a written notice under section 32R(2)
29                       that the park operator did not intend to enter into a new
30                       long-stay agreement with the tenant.
31




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1    62.         Section 68 amended
2          (1)   In section 68(1)(b) delete "specified day." and insert:
3

4                day specified in the notice of termination.
5

6          (2)   In section 68(2)(a) after "terminating the" insert:
7

8                long-stay
9

10         (3)   In section 68(3) delete "specified day." and insert:
11

12               day specified in the notice of termination.
13

14         (4)   In section 68(5)(a) delete "agreement, or taken steps to secure or
15               enforce his or her" and insert:
16

17               long-stay agreement, or taken steps to secure or enforce the
18               tenant's
19

20         (5)   In section 68(7) delete "him or her, complained to a public
21               authority about the park operator's conduct in relation to the
22               agreement, or taken steps to secure or enforce his or her" and
23               insert:
24

25               the tenant, complained to a public authority about the park
26               operator's conduct in relation to the long-stay agreement, or
27               taken steps to secure or enforce the tenant's
28




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1          (6)   In section 68(9) delete "specified day" and insert:
2

3                day specified in the order
4

5          (7)   In section 68(10) delete "Limitation Act 1935" and insert:
6

7                Limitation Act 2005
8


9    63.         Section 69 amended
10         (1)   In section 69(1) before "tenant's" insert:
11

12               long-stay
13

14         (2)   In section 69(3) and (4) before "tenant" insert:
15

16               long-stay
17


18   64.         Section 70 amended
19               Before section 70(1)(a) insert:
20

21                      (aa)    that the person has a right to possession of the
22                              agreed premises under this Act or another
23                              written law; and
24

25               Note: The heading to amended section 70 is to read:
26                     Long-stay tenant's protection against holder of superior title




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1    65.       Part 5 Division 2A inserted
2              After Part 5 Division 2 insert:
3


4            Division 2A -- Orders relating to abandoned premises
5           70A.     Disputing s. 44B notice
6              (1)   A long-stay tenant who has received a notice of
7                    abandonment under section 44B may apply to the State
8                    Administrative Tribunal for an order --
9                      (a) setting aside the notice; or
10                     (b) for compensation.
11             (2)   The application must be made within 28 days after the
12                   notice of abandonment is given.
13             (3)   The State Administrative Tribunal may make 1 or more
14                   of the following orders --
15                     (a) if an application under subsection (1) was made
16                           within 7 days after the notice of abandonment
17                           was given -- an order setting aside the notice;
18                     (b) if paragraph (a) does not apply -- an order
19                           terminating the agreement;
20                     (c) an order requiring the park operator to pay
21                           compensation to the long-stay tenant for loss or
22                           expense incurred by the tenant because of the
23                           termination of the agreement;
24                     (d) another order the tribunal considers
25                           appropriate.

26          70B.     Orders to terminate agreement because agreed
27                   premises abandoned
28             (1)   A park operator may apply to the State Administrative
29                   Tribunal for an order terminating a long-stay
30                   agreement because the long-stay tenant occupying the

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1                     agreed premises under the agreement has abandoned
2                     the premises.
3               (2)   If there are reasonable grounds for believing that the
4                     long-stay tenant has abandoned the agreed premises,
5                     the State Administrative Tribunal --
6                       (a) must --
7                                 (i) make a declaration that the tenant has
8                                      abandoned the premises and specifying
9                                      the day on which the premises were
10                                     abandoned; and
11                              (ii) make an order terminating the
12                                     agreement on the day the tribunal
13                                     specifies is the day the premises were
14                                     abandoned;
15                             or
16                      (b) may make an order specifying the amount of
17                             compensation to which the park operator is
18                             entitled under section 47(1).
19


20   66.        Section 71A inserted
21              After section 71 insert:
22


23           71A.     Orders to terminate agreement for repeated
24                    interference with quiet enjoyment
25              (1)   A park operator may apply to the State Administrative
26                    Tribunal to terminate a long-stay agreement because
27                    the long-stay tenant, or the tenant's guest, repeatedly
28                    interferes, or has repeatedly interfered, with another
29                    tenant's quiet enjoyment of the residential park.




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1                (2)   The State Administrative Tribunal may make an order
2                      terminating the long-stay agreement if the tribunal is
3                      satisfied of all of the following --
4                        (a) the long-stay tenant, or the tenant's guest,
5                              repeatedly interferes, or has repeatedly
6                              interfered, with the quiet enjoyment of the
7                              residential park by the other tenants;
8                        (b) the park operator has given a notice to the
9                              long-stay tenant in an approved form that asks
10                             the tenant, or the tenant's guest, to stop the
11                             interference;
12                       (c) despite being asked to stop the interference, the
13                             long-stay tenant or the tenant's guest has not
14                             stopped;
15                       (d) terminating the agreement is justified in all the
16                             circumstances.
17               (3)   However, the State Administrative Tribunal may refuse
18                     to make an order if satisfied that the park operator was
19                     wholly or partly motivated to give the notice by the
20                     fact that the long-stay tenant had complained to a
21                     public authority about the park operator's conduct in
22                     relation to the long-stay agreement, or taken steps to
23                     secure or enforce the tenant's rights under the
24                     agreement.
25               (4)   If the State Administrative Tribunal makes the order, it
26                     must also order the long-stay tenant to give vacant
27                     possession of the agreed premises to the park operator
28                     when the tribunal orders.
29

30   67.         Section 73 amended
31         (1)   In section 73(1) and (2) after "park operator" insert:
32
33               or long-stay tenant
34


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1          (2)    After section 73(2) insert:
2

3                (2A)   When making an order terminating the long-stay
4                       agreement, the State Administrative Tribunal may also
5                       order compensation to be paid to the park operator or
6                       long-stay tenant for any loss caused to either person.
7

8                 Note: The heading to amended section 73 is to read:
9                       Termination on grounds of hardship

10   68.          Section 76 amended
11         (1)    Delete section 76(1) and insert:
12

13                (1)   A park operator may apply to the State Administrative
14                      Tribunal for an order if --
15                       (a) the proceeds of the sale of abandoned goods are
16                             insufficient to meet the costs of removing,
17                             storing and selling the goods; or
18                       (b) the park operator destroys or otherwise
19                             disposes of a tenant's document under
20                             section 52A(6).
21

22         (2)    In section 76(2) delete "The" and insert:
23

24                In relation to an application made under subsection (1)(a), the
25

26         (3)    After section 76(2) insert:
27

28               (2A)   In relation to an application made under
29                      subsection (1)(b), the State Administrative Tribunal
30                      may make an order for the payment to the park
31                      operator of an amount equal to the reasonable costs


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1                        incurred by the park operator in discharging the duties
2                        imposed on the park operator under section 52A if the
3                        tribunal is satisfied that --
4                           (a) the park operator incurred reasonable costs in
5                                discharging the park operator's duty under
6                                section 52A; and
7                          (b) the tenant's document has been destroyed under
8                                section 52A(6).
9

10         (4)   In section 76(3) after "order" insert:
11

12               under subsection (2) or (2A)
13

14               Note: The heading to amended section 76 is to read:
15                       Park operator's claim for costs in relation to abandoned goods
16                       and tenant's documents

17   69.         Section 77 amended
18               In section 77(1) delete "him or her." and insert:
19

20               the person.
21


22   70.         Section 79 amended
23               In section 79(3) and (4) delete "his or her" and insert:
24

25               their
26




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1    71.        Section 81 amended
2               In section 81(4)(b) delete "his or her" and insert:
3

4               the party's
5


6    72.        Section 83A inserted
7               At the end of Part 5 Division 5 insert:
8


9            83A.     State Administrative Tribunal may refer matter to
10                    Commissioner for investigation
11              (1)   The State Administrative Tribunal may refer a matter
12                    to the Commissioner for investigation if, while
13                    conducting a proceeding under this Act, the tribunal
14                    suspects that an offence has been committed under the
15                    Act.
16              (2)   If the State Administrative Tribunal refers a matter
17                    under subsection (1), the tribunal must give the
18                    Commissioner any relevant documents or other records
19                    in the tribunal's possession.
20


21   73.        Section 88A inserted
22              After section 88 insert:
23


24           88A.     Long-stay agreements are excluded matters for
25                    Corporations Act 2001 (Commonwealth) s. 5F
26                    A long-stay agreement is declared to be an excluded
27                    matter for the purposes of the Corporations Act 2001
28                    (Commonwealth) section 5F in relation to Chapter 5
29                    Part 5.6 Division 7A of that Act.
30



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1    74.       Section 90 amended
2              In section 90 delete "2 years" and insert:
3

4              3 years
5


6    75.       Section 90A inserted
7              After section 90 insert:
8


9           90A.     Infringement notices and Criminal Procedure
10                   Act 2004
11             (1)   If this Act is a prescribed Act for the purposes of the
12                   Criminal Procedure Act 2004 Part 2, this section
13                   applies in relation to the service of an infringement
14                   notice under that Part by an authorised officer in
15                   relation to an alleged offence under this Act.
16             (2)   The infringement notice must be served within --
17                    (a) 21 days after the authorised officer forms the
18                          opinion that there is sufficient evidence to
19                          support the allegation of the offence; and
20                    (b) 6 months after the alleged offence is believed to
21                          have been committed.
22             (3)   The Criminal Procedure Act 2004 Part 2 is modified to
23                   the extent necessary to give effect to this section.
24




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1    76.         Section 91 amended
2          (1)   Delete section 91(1)(b) and insert:
3

4                        (b)   sent by post addressed to the person at --
5                                 (i) if the person has specified a place where
6                                       the person's mail be directed -- the
7                                       specified place; or
8                                (ii) if the person has not specified an
9                                       address -- the person's last known
10                                      place of residence, employment or
11                                      business;
12                             or
13                       (c)   if the long-stay tenant and park operator agree
14                             or in other circumstances specified in the
15                             regulations -- given or sent by electronic
16                             means in accordance with the regulations.
17

18         (2)   In section 91(2)(b) after "under the" insert:
19

20               long-stay
21

22         (3)   Delete section 91(3) and insert:
23

24               (3)   If a document that is required or permitted to be given
25                     to a person under this Act cannot be given under
26                     subsection (1), the document is taken to have been
27                     given to the person if --
28                       (a) a copy of the document is published in a daily
29                             newspaper circulating throughout all, or most
30                             of, the State; or




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1                         (b)    if the State Administrative Tribunal or court is
2                                hearing a proceeding under this Act --
3                                   (i) the tribunal or court orders an
4                                        alternative manner of giving the
5                                        document; and
6                                  (ii) the document is given in that manner;
7                                or
8                         (c)    the document is made publicly available in the
9                                manner prescribed for this paragraph, including
10                               making the document available on a website.
11


12   77.          Sections 92 and 93 deleted
13                Delete sections 92 and 93.

14   78.          Section 95 amended
15                In section 95(2):
16                  (a) delete paragraphs (b) to (d);
17                  (b) in paragraph (e) delete "out of tenancy bond accounts";
18                  (c) in paragraph (e) delete "out; and" and insert:
19

20                        out.
21

22                 (d)    delete paragraph (f).

23   79.          Section 96 replaced
24                Delete section 96 and insert:
25


26          96.          Review of Act
27                (1)    The Minister must review the operation and
28                       effectiveness of this Act, and prepare a report based on
29                       the review, as soon as practicable after the 5th

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1                        anniversary of the day on which the Residential Parks
2                        (Long-stay Tenants) Amendment Act 2018 section 3
3                        comes into operation.
4                  (2)   The Minister must cause the report to be laid before
5                        each House of Parliament as soon as practicable after it
6                        is prepared.
7


8    80.           Part 7 heading and Part 7 Division 1 heading inserted
9                  After section 96 insert:
10


11             Part 7 -- Transitional and savings provisions
12              Division 1 -- Transitional provisions -- Residential
13                      Parks (Long-stay Tenants) Act 2006
14


15   81.           Part 7 Division 2 inserted
16                 After section 97 insert:
17


18             Division 2 -- Transitional and savings provisions --
19              Residential Parks (Long-stay Tenants) Amendment
20                                   Act 2018
21                               Subdivision 1 -- Preliminary

22           99.         Terms used
23                       In this Division --
24                       amended, for a provision of this Act, means the
25                       provision as in force on and after commencement day;
26                       amending Act means the Residential Parks (Long-stay
27                       Tenants) Amendment Act 2018;


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1              authorised deposit-taking institution has the meaning
2              given in the Banking Act 1959 (Commonwealth)
3              section 5;
4              commencement day means the day on which Part 2 of
5              the amending Act comes into operation;
6              former, for a provision of this Act, means the provision
7              as in force immediately before commencement day;
8              pre-commencement long-stay agreement means a
9              long-stay agreement entered into before
10             commencement day;
11             tenancy bond account means --
12               (a) in relation to a park operator -- an ADI account
13                     held under former section 22(1)(b); or
14               (b) in relation to a real estate agent -- a trust
15                     account referred to in former section 22(2).

16                       Subdivision 2 -- Bonds

17    100.     Return of key bond to long-stay tenant
18       (1)   In this section --
19             key bond means an amount paid under former
20             section 21(2)(b) by way of security for keys, remote
21             control entry devices or other security devices provided
22             by the park operator for the use of a long-stay tenant.
23       (2)   If a park operator received a key bond, the park
24             operator must pay the amount to the long-stay
25             tenant --
26               (a) if the long-stay agreement for which the key
27                     bond is paid is renewed within 18 months after
28                     commencement day -- as soon as practicable
29                     after the renewal; or
30               (b) when the amount is transferred to the bond
31                     administrator or paid to the tenant under


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1                             section 101(2) -- within 18 months after
2                             commencement day; or
3                       (c)   in any other case -- within 18 months after
4                             commencement day.

5            101.     Amounts paid into tenancy bond account to be
6                     transferred to bond administrator
7               (1)   This section applies to a park operator or real estate
8                     agent who, on commencement day, holds an amount
9                     deposited in a tenancy bond account under former
10                    section 22(1)(b) or (2).
11              (2)   The park operator or real estate agent must take all
12                    reasonable steps to ensure that the amount is
13                    transferred to the bond administrator under amended
14                    section 22 or paid to the long-stay tenant --
15                      (a) if the long-stay agreement for which the
16                            security bond is paid is renewed or the security
17                            bond is increased under amended section 24
18                            within 18 months after commencement day --
19                            as soon as practicable after the renewal or
20                            increase; or
21                      (b) in any other case -- within 18 months after
22                            commencement day.
23                    Penalty for this subsection: a fine of $5 000.

24           102.     Requirements for holding security bond amounts
25              (1)   An amount held in an ADI account under
26                    section 101(1) must be held by the authorised
27                    deposit-taking institution on the following terms --
28                      (a) interest at a rate not less than the prescribed rate
29                            accrues on the amount for the period during
30                            which the amount is held;
31                      (b) the authorised deposit-taking institution must
32                            pay an amount equal to the amount of interest

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1                      accrued at the prescribed rate into the Rental
2                      Accommodation Account in accordance with
3                      the regulations;
4                (c)   if interest accrues on the amount at a higher rate
5                      than the prescribed rate -- the authorised
6                      deposit-taking institution must pay the
7                      difference between the amount of interest
8                      accrued at the prescribed rate and the amount of
9                      interest accrued at the higher rate to the
10                     long-stay tenant in accordance with the
11                     regulations;
12              (d)    the authorised deposit-taking institution may
13                     deduct from an amount paid under
14                     paragraph (b) or (c) an amount not exceeding
15                     the prescribed fee;
16               (e)   the security bond amount must be paid out in
17                     the prescribed manner.
18       (2)   The prescribed rate under subsection (1) may be
19             prescribed by reference to a prescribed market rate
20             indicator.
21       (3)   An authorised deposit-taking institution must ensure
22             that the following records are kept, in a form approved
23             by the bond administrator, in relation to an amount
24             held in an ADI account under section 101(1) --
25               (a) the name and number of the account in which
26                     the amount is held;
27               (b) the amount;
28               (c) the date the amount was paid into the account.




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1            103.     Information from authorised deposit-taking
2                     institution about tenancy bond accounts
3               (1)   In this section --
4                     auditor means --
5                       (a) a person registered as an auditor, or taken to be
6                              registered as an auditor, under the Corporations
7                              Act 2001 (Commonwealth) Part 9.2; or
8                       (b) another suitably qualified person approved by
9                              the Commissioner under former section 93;
10                    authorised financial institution has the meaning given
11                    in the Residential Tenancies Act 1987 section 92.
12              (2)   The Commissioner may, by notice in writing under
13                    subsection (3) to a person who is the manager, or other
14                    officer for the time being in charge of, an authorised
15                    financial institution, require that person to give to the
16                    Commissioner such information as the Commissioner
17                    requires in relation to a tenancy bond account,
18                    including information as to the balances of and
19                    amounts of interest paid on the account.
20              (3)   The notice --
21                     (a) must specify the time at or within which the
22                           information must be given; and
23                     (b) may require the information to be --
24                              (i) given in writing; and
25                             (ii) certified as correct by an auditor; and
26                            (iii) given at or sent or delivered to a place
27                                  specified in the notice; and
28                            (iv) sent or delivered by any means specified
29                                  in the notice; and
30                             (v) given on oath or affirmation or by
31                                  statutory declaration;
32                           and

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1                (c)   must state that the person is required under this
2                      Act to give the information.

3     104.     Offences relating to s. 103
4        (1)   A person must not, without reasonable excuse, refuse
5              or fail to comply with a written requirement under
6              section 103(2).
7              Penalty for this subsection: a fine of $15 000.
8        (2)   A person must not give information in response to a
9              written requirement under section 103(2) that the
10             person knows is false or misleading in a material
11             particular.
12             Penalty for this subsection: a fine of $15 000.
13       (3)   It is a defence in proceedings for an offence against
14             subsection (1) for the person to show that --
15                (a) the notice under section 103(3) did not state
16                      that the person was required under this Act to
17                      give the information; or
18               (b) the time specified in the requirement did not
19                      give the person sufficient notice to enable
20                      compliance with the requirement.
21       (4)   A person is not entitled to refuse to give the
22             information required under section 103 on the grounds
23             that the information could tend to incriminate the
24             person or render the person liable to a penalty.
25       (5)   Despite subsection (4), information given under
26             section 103 is not admissible in evidence in any
27             proceedings against the person except proceedings for
28             an offence against subsection (2).




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1                     Subdivision 3 -- Other transitional provisions

2            105.      Pre-commencement long-stay agreement provides
3                      for cost of preparing long-stay agreement
4                      If a pre-commencement long-stay agreement provides
5                      that a person other than the park operator must bear the
6                      cost of preparing a proposed long-stay agreement under
7                      former section 14, former section 14 continues to apply
8                      to the long-stay agreement until the agreement ends as
9                      if the section had not been amended by the amending
10                     Act.

11           106.      Variation of rent on the basis of market rent
12              (1)    This section applies if a pre-commencement long-stay
13                     agreement includes a provision providing for a review
14                     of rent on a market rent basis.
15              (2)    Despite amended section 29A(1)(c), the provision
16                     continues to apply on and from commencement day
17                     until the provision is varied by the parties to the
18                     long-stay agreement.
19              (3)    When calculating the amount of rent to be payable on
20                     and after the review date under the provision, the park
21                     operator must have regard to a report obtained for the
22                     purpose by the park operator from a person licensed
23                     under the Land Valuers Licensing Act 1978.
24                     Penalty for this subsection: a fine of $5 000.

25           107.      Variation of rent under on-site home agreements
26                     entered into before commencement day
27                     If an on-site home agreement was entered into before
28                     commencement day a park operator may increase the
29                     rent payable under the long-stay agreement, on and
30                     from commencement day until the agreement ends, by
31                     giving a written notice to the long-stay tenant under


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1              former section 30 as if the section had not been
2              amended by the amending Act.

3     108.     Application of former s. 32 to pre-commencement
4              long-stay agreements
5        (1)   Part 2 Division 5 applies to a pre-commencement
6              long-stay agreement as if the agreement was made on
7              commencement day.
8        (2)   A term of a pre-commencement long-stay agreement
9              has no effect to the extent that --
10               (a) under former section 32(2), the term excluded,
11                     modified or restricted a term set out in former
12                     Schedule 1; and
13              (b) the term is inconsistent with a provision of this
14                     Act as in force on and from commencement
15                     day.
16       (3)   Despite the repeal of former section 32(2), a person
17             does not commit an offence under this Act only
18             because the pre-commencement long-stay agreement
19             purports to exclude, modify or restrict the operation of
20             a term set out in former Schedule 1.

21    109.     Taking possession of agreed premises under
22             mortgage entered into before commencement day
23       (1)   This section applies to a mortgage entered into before
24             commencement day.
25       (2)   Despite the amendment of former section 33(3)(b) and
26             the repeal of section 33(3)(c), a long-stay agreement
27             ends when a mortgagee of the agreed premises takes
28             possession of the premises under the mortgage as if
29             those sections had not been amended or repealed by the
30             amending Act.




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1            110.   Former s. 41 continues to apply to
2                   pre-commencement long-stay agreements
3                   Despite amended section 41, the specified day in a
4                   notice given under that section on and from
5                   commencement day in relation to a pre-commencement
6                   long-stay agreement may be a day earlier than the last
7                   day of the term of a fixed term tenancy under former
8                   section 41(4)(a).

9            111.   Amended s. 42 applies to site-only agreements
10                  entered into before commencement day
11                  Amended section 42 applies to site-only agreements
12                  entered into before commencement day as if the
13                  agreement was made on the commencement day.

14           112.   Park rules made by park liaison committee before
15                  commencement day taken to be made by park
16                  operator
17                  If a park liaison committee prepared park rules that
18                  were in force immediately before commencement day,
19                  the park rules are taken, on and from commencement
20                  day, to have been made by the park operator under
21                  section 54A.

22           113.   Former s. 55 continues to apply to
23                  pre-commencement long-stay agreements
24                  If a term of a site-only agreement entered into before
25                  commencement day expressly provides that on site
26                  sales are prohibited, despite amended section 55, the
27                  term continues to apply to the site-only agreement on
28                  and from commencement day.




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1     114.     Written selling agent agreement under former s. 57
2              continues to apply on and after commencement day
3              If a park operator is acting as a selling agent under a
4              written agreement signed under former section 57
5              before commencement day --
6                (a) former section 57 continues to apply to the
7                      written agreement on and from commencement
8                      day; and
9                (b) section 57A does not apply to the written
10                     agreement.

11    115.     Transitional regulations
12       (1)   Regulations (transitional regulations) may prescribe
13             all matters that are required or necessary or convenient
14             to be prescribed for dealing with any issue or matter of
15             a savings or transitional nature --
16               (a) that arise as a result of the amendment of this
17                     Act by the amending Act; and
18               (b) for which there is no sufficient provision in this
19                     Act or the amending Act.
20       (2)   Transitional regulations may provide that specified
21             provisions of this Act --
22               (a) do not apply to or in relation to any matter; or
23               (b) apply with modifications specified in the
24                     regulations to or in relation to any matter.
25       (3)   Without limiting subsection (1) or (2), transitional
26             regulations may provide to what extent
27             sections 54A(2), 54B and 63B apply to park rules in
28             force immediately before commencement day.
29       (4)   Transitional regulations may provide that a state of
30             affairs specified in the regulations is taken to have
31             existed, or not to have existed, on and from a day that
32             is earlier than the day on which the transitional

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1                      regulations come into operation but not earlier than the
2                      day on which the amending Act, or the relevant
3                      provision or provisions of that Act, came into
4                      operation.
5               (5)    If the transitional regulations contain a provision
6                      referred to in subsection (4), the provision does not
7                      operate so as to --
8                        (a) affect in a manner prejudicial to any person
9                               (other than the State), the rights of that person
10                              existing before the regulations commenced; or
11                       (b) impose liabilities on any person (other than the
12                              State) in respect of anything done or omitted to
13                              be done before the regulations commenced.
14


15   82.        Schedule 1 deleted
16              Delete Schedule 1.

17   83.        Glossary deleted
18              Delete the Glossary.
19              Note: The heading to section 49 is to read:
20                    Right to reclaim abandoned goods put into storage




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                          Residential Tenancies Act 1987 amended         Part 3

                                                                                 s. 84



1          Part 3 -- Residential Tenancies Act 1987 amended
2    84.         Act amended
3                This Part amends the Residential Tenancies Act 1987.

4    85.         Schedule 1 clause 3 amended
5          (1)   In Schedule 1 clause 3(2)(bc) delete "92(b);" and insert:
6

7                102(1)(b);
8

9          (2)   In Schedule 1 clause 3(3)(aa) delete "section 76(3)" and insert:
10

11               section 76(2), (2A)
12


13




                                                                             page 121

 


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