Western Australian Current Acts

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RESIDENTIAL TENANCIES ACT 1987 - SECT 94

94 .         Requirements for AFI holding security bonds

        (1)         An AFI must ensure that the following records are kept, in a form approved by the Minister, in relation to each security bond held in the AFI —

            (a)         the name and number of the account in which the security bond is held in the AFI;

            (b)         the amount of the security bond;

            (c)         the date the security bond was paid into the account.

        (2)         The AFI must hold a security bond on the following terms —

            (a)         interest at a rate not less than the prescribed rate must accrue on the amount of the bond for the period during which it is held by the AFI;

            (b)         the amount of interest accrued at the prescribed rate must be paid, at such times as are prescribed, to the Rental Accommodation Account and if interest is paid at a rate exceeding the prescribed rate, the amount of interest accrued above the prescribed rate must be paid, at such times as are prescribed, to the person who paid the bond;

            (c)         the AFI may deduct from a payment to the credit of the Rental Accommodation Account or from a payment to a tenant under paragraph (b) an amount not exceeding the amount of the fee as is prescribed in respect of a payment of that kind;

            (d)         the amount of the security bond must be paid out in accordance with section 96.

        (3)         In regulations made under section 88 the prescribed rate referred to in subsection (2)(a) and (b) may be prescribed by reference to a prescribed market rate indicator.

        [Section 94 inserted: No. 60 of 2011 s. 86; amended: No. 3 of 2019 s. 24.]



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