[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
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 99--1 page i Residential Parks (Long-stay Tenants) Amendment Bill 2018 Contents 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 page ii Residential Parks (Long-stay Tenants) Amendment Bill 2018 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 page iii Residential Parks (Long-stay Tenants) Amendment Bill 2018 Contents 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 page iv Residential Parks (Long-stay Tenants) Amendment Bill 2018 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 page v Residential Parks (Long-stay Tenants) Amendment Bill 2018 Contents 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 page vi Residential Parks (Long-stay Tenants) Amendment Bill 2018 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. page 2 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 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; page 3 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended 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); page 4 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 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 page 5 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; page 6 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; page 7 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended 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; page 8 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 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 page 9 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. page 10 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 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. page 11 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 8 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 page 12 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 12 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. page 13 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 13 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 page 14 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 13 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 page 15 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 14 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. page 16 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 15 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 page 17 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 15 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. page 18 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 15 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 page 19 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 15 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 page 20 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 16 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 page 21 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 18 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 page 22 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 19 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 page 23 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 19 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. page 24 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 20 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 page 25 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 21 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 page 26 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 22 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 page 27 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 23 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; page 28 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 25 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 page 29 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 27 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 page 30 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 27 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 page 31 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 28 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 page 32 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 28 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 page 33 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 28 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 page 34 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 29 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 page 35 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 29 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. page 36 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 29 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 page 37 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 29 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 page 38 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 29 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 page 39 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 29 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 page 40 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 29 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. page 41 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 29 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. page 42 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 29 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 page 43 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 29 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. page 44 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 29 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 page 45 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 29 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. page 46 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 29 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 page 47 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 29 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 page 48 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 29 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 page 49 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 29 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 page 50 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 30 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. page 51 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 31 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 page 52 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 32 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 page 53 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 33 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 page 54 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 37 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 page 55 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 38 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 page 56 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 39 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 page 57 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 40 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 page 58 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 40 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 page 59 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 40 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 page 60 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 41 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 page 61 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 42 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 page 62 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 43 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. page 63 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 43 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. page 64 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 44 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 page 65 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 46 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 page 66 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 48 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 page 67 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 49 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 page 68 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 50 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; page 69 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 51 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. page 70 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 52 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 page 71 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 52 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). page 72 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 53 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 page 73 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 54 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) page 74 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 54 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. page 75 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 54 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. page 76 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 54 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 page 77 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 54 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. page 78 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 54 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 page 79 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 54 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. page 80 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 55 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 page 81 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 56 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 page 82 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 59 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 page 83 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 59 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). page 84 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 59 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; page 85 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 59 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; page 86 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 59 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 page 87 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 59 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. page 88 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 59 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. page 89 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 59 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 page 90 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 59 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. page 91 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 59 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 page 92 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 59 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 page 93 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 59 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. page 94 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 59 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). page 95 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 59 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 page 96 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 60 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 page 97 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 61 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 page 98 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 62 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 page 99 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 63 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 page 100 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 65 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 page 101 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 66 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. page 102 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 67 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 page 103 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 68 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 page 104 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 69 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 page 105 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 71 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 page 106 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 74 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 page 107 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 76 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 page 108 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 77 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 page 109 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 80 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; page 110 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 81 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 page 111 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 81 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 page 112 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 81 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. page 113 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 81 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 page 114 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 81 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). page 115 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 81 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 page 116 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 81 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. page 117 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 81 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. page 118 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Residential Parks (Long-stay Tenants) Act 2006 amended Part 2 s. 81 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 page 119 Residential Parks (Long-stay Tenants) Amendment Bill 2018 Part 2 Residential Parks (Long-stay Tenants) Act 2006 amended s. 82 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 page 120 Residential Parks (Long-stay Tenants) Amendment Bill 2018 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
[Index] [Search] [Download] [Related Items] [Help]