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


RESIDENTIAL TENANCIES AMENDMENT BILL 2015

                   Western Australia


Residential Tenancies Amendment Bill 2015

                      Contents

 1.   Short title                       2
 2.   Commencement                      2
 3.   Act amended                       2
 4.   Section 46 amended                2
 5.   Section 79 amended                2
 6.   Section 85 amended                3
 7.   Schedule 1 clause 8 amended       4




                        164--1          page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY


   Residential Tenancies Amendment Bill 2015

                               A Bill for


An Act to amend the Residential Tenancies Act 1987.



The Parliament of Western Australia enacts as follows:




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     Residential Tenancies Amendment Bill 2015



     s. 1




1    1.         Short title
2               This is the Residential Tenancies Amendment Act 2015.

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

9    3.         Act amended
10              This Act amends the Residential Tenancies Act 1987.

11   4.         Section 46 amended
12        (1)   In section 46(1) insert in alphabetical order:
13

14                    notice means notice in a form approved by the
15                    Commissioner;
16

17        (2)   In section 46(4) delete "before the lessor gives notice under
18              subsection (2) of a proposed entry to the premises," and insert:
19

20              if it would unduly inconvenience the tenant for the lessor to
21              enter the premises as specified in a notice given under
22              subsection (2),
23


24   5.         Section 79 amended
25        (1)   In section 79(2) delete the Penalty and insert:
26

27                    Penalty for this subsection: a fine of $5 000.
28



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                                       Residential Tenancies Amendment Bill 2015



                                                                                  s. 6



1         (2)   Delete section 79(3) and insert:
2

3               (3)    A lessor who stores goods under subsection (2) must
4                      cause notice in or to the effect of the form approved by
5                      the Commissioner for the purposes of this
6                      subsection --
7                        (a) to be given to the tenant within 7 days after the
8                             day on which the goods were stored; or
9                        (b) to be --
10                               (i) made publicly available in any manner
11                                    prescribed for the purposes of this
12                                    paragraph, including (without
13                                    limitation) by means of a website within
14                                    7 days after the day on which the goods
15                                    were stored; and
16                              (ii)   posted in a prominent position on the
17                                     premises that were subject to the former
18                                     agreement within 9 days after the day
19                                     on which the goods were stored.
20                     Penalty for this subsection: a fine of $5 000.
21


22   6.         Section 85 amended
23        (1)   In section 85(1):
24                (a) in paragraph (b) delete "business." and insert:
25

26                      business; or
27

28               (b)    after paragraph (b) insert:
29

30                      (c)   with the consent of that person or in other
31                            circumstances specified in the regulations, be



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     s. 7



1                             given or served by electronic means in
2                             accordance with the regulations.
3

4         (2)   In section 85(3):
5                 (a) delete "Any notice or document required or authorised
6                       to be given under this Act to any person whose address
7                       is unknown" and insert:
8

9                       If a notice or document required or authorised to be
10                      given under this Act cannot be given or sent to a person
11                      in accordance with subsection (1), it
12

13               (b)    in paragraph (a) after "throughout" insert --
14

15                      all, or most of,
16

17                (c)   in paragraph (b) delete "effected." and insert:
18

19                      effected; or
20

21               (d)    after paragraph (b) insert:
22

23                      (c)   it is made publicly available in any manner
24                            prescribed for the purposes of this paragraph,
25                            including (without limitation) by means of a
26                            website.
27


28   7.         Schedule 1 clause 8 amended
29        (1)   In clause 8(3) delete "prescribed form," and insert:
30

31              form approved by the Minister,
32



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                                                                      s. 7



1   (2)   In clause 8(4)(b) delete "prescribed form" and insert:
2

3         form approved by the Minister
4
5


6




 


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