[s. 3, 7(3), 12, 29(4), (7), (8), 59D(6), 79(5), (6), (11) and 80A(8)]
[Heading inserted: No. 60 of 2011 s. 87(1).]
[Heading inserted: No. 60 of 2011 s. 87(2).]
1 . Term used: authorised agent
In this Schedule
—
authorised agent means a public officer appointed
by the bond administrator to be the bond administrator’s agent and
included in a notice of such appointment published in the Gazette .
[Clause 1 amended: No. 31 of 1993 s. 63(a); No. 59
of 1995 s. 54(1)(a); No. 26 of 1999 s. 100(3); No. 60 of 2011 s. 87(3)-(4).]
[ 2. Deleted: No. 60 of 2011 s. 87(5).]
3 . Rental Accommodation Account
(1) An agency special
purpose account called the Rental Accommodation Account is established under
section 16 of the Financial Management Act 2006 , which is to be administered
by the bond administrator.
(2) There shall be
credited to the Rental Accommodation Account all of the following —
(a) all
moneys received under section 29(4)(b);
(ba) all
moneys received pursuant to a court order under section 59D(2);
(bb)
interest payable to the fund under section 94(2)(b);
(bc)
amounts payable to the fund under the Residential Parks (Long-stay Tenants)
Act 2006 sections 75(3) and 102(1)(b);
(bd)
amounts payable to the fund under the Residential Parks (Long-stay Tenants)
Act 2006 section 94(a);
(b) all
income arising from the investment of that account, as determined by the
Treasurer;
(c) any
moneys received under section 79(11),
and there shall be
charged to that account all amounts required to be paid under clause 5(1).
(3) The interest
referred to in subclause (2)(bb), the amounts referred to subclause (2)(bc),
the income referred to in subclause (2)(b) and the moneys referred to in
subclause (2)(c) shall be applied —
(a) in
payment of any amount required to be paid by or under section 79(5) or (6) or
80A(8); and
(aa) in
payment of any amount required to be paid out of the fund under section 51 of
the Residential Parks (Long-stay Tenants) Act 2006 or under an order under
section 76(2), (2A) or 77(2) of that Act; and
(ab) in
reimbursement of the costs and expenses incurred for the purposes of the
Residential Parks (Long-stay Tenants) Act 2006 by the bond administrator,
authorised agents and the Commissioner in carrying out their respective
functions; and
(b) in
reimbursement of the costs and expenses incurred, so far as such income and
moneys will allow —
(i)
in the operation and administration of the Magistrates
Court in connection with dealing with minor cases (within the meaning of the
Magistrates Court (Civil Proceedings) Act 2004 ); and
(ii)
in the performance by the bond administrator and the bond
administrator’s authorised agents, the Department and the Commissioner
of their respective functions,
that are attributable
to the carrying out of this Act or the
Residential Parks (Long-stay Tenants) Act 2006 ; and
(c) in
payment of any amount required to be paid under subclause (5); and
(d) in
funding any not-for-profit body, one of the main functions of which is the
delivery of free or substantially subsidised legal services to tenants and
that is approved by the Minister for the purposes of this paragraph.
(3a) The income
referred to in subclause (2)(b) and the moneys referred to in subclause (2)(c)
may, with the approval of the Minister, be applied in payment of grants to
bodies, other than public sector bodies within the meaning of the
Public Sector Management Act 1994 , which provide educational or advisory
services to tenants.
(4) The amount to be
reimbursed under subclause (3)(b) —
(a)
shall be determined by the Treasurer after consultation with the Ministers
responsible for the administration of this Act and the Magistrates Court
(Civil Proceedings) Act 2004 respectively; and
(b)
shall be credited to an operating account of the Department and the department
principally assisting in the administration of the Magistrates Court (Civil
Proceedings) Act 2004 respectively.
(5) If in the opinion
of the Treasurer there is at any time any surplus income available from the
Rental Accommodation Account the Treasurer may, after consulting the Minister,
direct that all or part of that surplus income be expended by the Housing
Authority as defined in section 71A for the purpose of social housing premises
in such manner as the Treasurer might specify.
[Clause 3 amended: No. 50 of 1988 s. 17(a); No. 6
of 1993 s. 11; No. 31 of 1993 s. 63(b); No. 59 of 1995 s. 54(1)(d) and (e) and
56; No. 59 of 2004 s. 121; No. 28 of 2006 s. 137; No. 32 of 2006 s. 98; No. 77
of 2006 s. 4 and Sch. 1 cl. 149(2)-(5); No. 60 of 2011 s. 87(6)-(9); No. 28 of
2020 s. 89.]
4 . Duties of bond administrator
The bond administrator
shall —
(a)
cause to be kept proper accounts and records of transactions of the Rental
Accommodation Account; and
(b) in
relation to the amount of a security bond paid to the bond administrator under
section 29(4)(b) —
(i)
show in such records the name and address of the lessor
and the tenant under the residential tenancy agreement in respect of which the
bond was paid; and
(ii)
pay out the amount of the bond in accordance with clause
5;
and
(c) in
relation to the amount of a tenant compensation bond paid to the bond
administrator under section 59D(2) —
(i)
show in such records the name and address of the lessor
and the tenant in respect of whom, and any residential premises in respect of
which, the bond was paid; and
(ii)
pay out the amount of the bond in accordance with
Division 3.
[Clause 4 amended: No. 77 of 2006 Sch. 1 cl.
149(5); No. 60 of 2011 s. 87(10) and 89.]
[Heading inserted: No. 60 of 2011 s. 87(11).]
5A . Security bond moneys to be paid to bond
administrator
(1) The payment of an
amount under section 29(4)(b) must be made as soon as practicable, and in any
event within 14 days, after the person’s receipt of the bond.
(2) The payment may be
made either directly, including by electronic means, or by lodging the amount
with an authorised agent of the bond administrator.
[Clause 5A inserted: No. 60 of 2011 s. 87(12).]
5 . Disposal of security bond by bond
administrator
(1) The bond
administrator shall on receipt of —
(a) an
application in a form approved by the Minister —
(i)
signed by both parties to the residential tenancy
agreement to which the security bond relates; and
(ii)
lodged, including lodged by facsimile or electronic
means, with the bond administrator or the bond administrator’s
authorised agent;
or
(b) a
copy of an order under clause 8,
pay the amount of the
security bond, or where subclause (2) applies part of that amount, in
accordance with the application or the order.
(2) An application
under subclause (1)(a) may relate to part of the amount of a security bond.
(3) If a tenant is
deceased, the signature of the tenant’s executor or administrator to an
application is sufficient for the purposes of subclause (1)(a), and if a
tenant is represented by a manager or administrator under any written law, the
signature of the manager or administrator is sufficient for such purposes.
(4) If the bond
administrator is satisfied that 6 months have elapsed since termination of a
residential tenancy agreement and a security bond has not been paid in
accordance with an application under this clause or an application has not
been made under clause 8, the amount of the bond or any remaining portion of
that amount must be disposed of in such manner as is, and subject to
compliance with such provisions as are, prescribed by regulations made under
section 88.
(5) Regulations made
under section 88 may provide for a scheme designed to establish whether any
bond is one which should be dealt with under subclause (4).
[Clause 5 amended: No. 69 of 2006 s. 32(2) and
(3); No. 60 of 2011 s. 87(13)-(15).]
[Part C (cl. 6-7) deleted: No. 60 of 2011 s. 87(16).]
[Heading deleted: No. 60 of 2011 s. 87(17).]
8 . Court may determine disposal of security bond
(1) Subject to this
clause, a competent court may, upon application by a lessor or a tenant, order
that the amount of any security bond be paid to the tenant in full, or, where
the court is satisfied that the tenant is liable to pay an amount to the
lessor by reason of a breach of a term of a residential tenancy agreement or
for fumigation of the premises as mentioned in section 29(1)(b)(ii), that the
amount of the security bond be applied in payment of, or towards, that amount
and the balance, if any, be paid to the tenant.
(2) Notwithstanding
anything in this clause a court shall not order that any amount held under
section 29(1)(b)(ii) be paid to the tenant until the expiry of the period of
14 days after the tenant has delivered up vacant possession of the premises.
(3) Where a person
makes an application under subclause (1), section 18(2) shall not apply but
the court shall give to the other party notice in writing of the application
inviting the party to indicate by notice in writing in the form approved by
the Minister, filed in the office in which the application was filed within 7
days after service of the court’s notice, whether the party intends to
dispute the application.
(4) Notwithstanding
any other provision of this Act, where —
(a) a
person makes an application under subclause (1) and notice has been given to
the other party in accordance with subclause (3); and
(b) that
other party does not within 7 days after service of that notice, or such
longer period as the court hearing the application thinks fit, file in the
office in which the application was filed a notice in writing in the form
approved by the Minister, indicating that the party intends to dispute the
application,
the court may, without
conducting a formal hearing, order payment in accordance with the application.
(5) If the other party
indicates in the manner referred to in subclause (4) that the party intends to
dispute the application, section 18(2) and the other provisions of this Act
relating to proceedings shall thereupon apply in relation to the application.
(6) A tenant may not
make an application under subclause (1) before the termination of the
residential tenancy agreement.
(7) Where more than
one person is the tenant under a residential tenancy agreement, an application
may be made under subclause (1) by any one or more of the tenants, and the
court may, subject to subclause (2) —
(a) if
it is satisfied that it would be just to do so, order that the full amount of
the bond be paid to the applicant or applicants; or
(b)
order that a tenant be paid any share of the bond to which the tenant is
entitled,
in either case, less
any deduction referred to in subclause (1).
(8) An application
under this clause is a prescribed dispute within the meaning of section 12
irrespective of the amount claimed.
(9) In this clause a
reference to the amount of a security bond includes, where clause 5(2)
applies, a reference to the balance of a bond.
[Clause 8 amended: No. 50 of 1988 s. 17(b) and (c)
and 18; No. 59 of 1995 s. 54(1)(h); No. 59 of 2004 s. 120 and 121; No. 60 of
2011 s. 87(18)-(22) and 89; No. 42 of 2016 s. 7.]
Division 3 — Tenant compensation bonds
[Heading inserted: No. 60 of 2011 s. 87(23).]
This Division applies
where the bond administrator has been paid a tenant compensation bond in
accordance with an order under section 59D(2).
[Clause 9 inserted: No. 60 of 2011 s. 87(23).]
10 . Disposal of tenant compensation bond to
tenant by bond administrator
(1) The bond
administrator must on receipt of —
(a) an
application in a form approved by the Minister —
(i)
signed by a tenant to a residential tenancy agreement to
which the tenant compensation bond relates; and
(ii)
lodged, including lodged by facsimile or electronic
means, with the bond administrator or the bond administrator’s
authorised agent;
and
(b) a
copy of an order —
(i)
made under section 15(2)(b) in relation to a failure by a
lessor to compensate a tenant for reasonable expenses incurred by the tenant
in arranging for urgent repairs to be carried out in accordance with
section 43; and
(ii)
subsequent to the order under section 59D(2),
pay the amount of the
tenant compensation bond, or where subclause (2) applies part of that amount,
in accordance with the application.
(2) An application
under subclause (1)(a) may relate to part of the amount of a tenant
compensation bond.
(3) If a tenant is
deceased, the signature of the tenant’s executor or administrator to an
application is sufficient for the purposes of subclause (1)(a), and if a
tenant is represented by a manager or administrator under any written law, the
signature of the manager or administrator is sufficient for such purposes.
(4) A payment under
subclause (1) is to be taken to be a payment by the lessor in satisfaction, or
part satisfaction as the case may be, of the order referred to in subclause
(1)(b).
[Clause 10 inserted: No. 60 of 2011 s. 87(23).]
11 . Disposal of tenant compensation bond to
lessor by bond administrator
The bond administrator
must on receipt of —
(a) an
application in a form approved by the Minister —
(i)
signed by the lessor to whom the tenant compensation bond
relates; and
(ii)
lodged, including lodged by facsimile or electronic
means, with the bond administrator or the bond administrator’s
authorised agent;
and
(b) a
copy of an order made under section 59D(5),
pay the amount of the
tenant compensation bond, or part of that amount, ordered by the court in
accordance with the application.
[Clause 11 inserted: No. 60 of 2011 s. 87(23).]
[Schedule 2 omitted under the Reprints Act 1984 s. 7(4)(f).]
This is a compilation of the Residential Tenancies Act 1987 and includes
amendments made by other written laws. For provisions that have come into
operation, and for information about any reprints, see the compilation table.
Short title |
Number and year |
Assent |
Commencement | |||
---|---|---|---|---|---|---|
128 of 1987 |
21 Jan 1988 |
s. 1 and 2: 21 Jan 1988; | ||||
Residential Tenancies Amendment Act 1988 |
50 of 1988 |
8 Dec 1988 |
8 Dec 1988 (see s. 2) | |||
Financial Administration Legislation Amendment Act 1993 s. 11 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993 (see s. 2(1)) | |||
Acts Amendment (Ministry of Justice) Act 1993 Pt. 17 2 |
31 of 1993 |
15 Dec 1993 |
1 Jul 1993 (see s. 2) | |||
34 of 1995 |
29 Sep 1995 |
1 Jul 1997 (see s. 2 and Gazette 20 Jun 1997 p. 2805) | ||||
Real Estate Legislation Amendment Act 1995 Pt. 3 3, 4 |
59 of 1995 |
20 Dec 1995 |
Pt. 3 other than s. 46 and 52: 1 Jul 1996 (see s. 2 and Gazette 25 Jun 1996
p. 2902); | |||
Water Agencies Restructure (Transitional and Consequential Provisions) Act
1995 s. 188 |
73 of 1995 |
27 Dec 1995 |
1 Jan 1996 (see s. 2(2) and Gazette 29 Dec 1995 p. 6291) | |||
Reprint of the Residential Tenancies Act 1987 as at 15 Mar 1996 (includes
amendments listed above except those in the Real Estate Legislation Amendment
Act 1995 ) (correction in Gazette 6 Dec 1996 p. 6725) | ||||||
Local Government (Consequential Amendments) Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) | |||
Statutes (Repeals and Minor Amendments) Act 1997 s. 39(10) |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) | |||
Reprint of the Residential Tenancies Act 1987 as at 22 Jan 1999 (includes
amendments listed above except those in the Real Estate Legislation Amendment
Act 1995 s. 46 and 52) | ||||||
Acts Amendment and Repeal (Financial Sector Reform) Act 1999 s. 100 |
26 of 1999 |
29 Jun 1999 |
1 Jul 1999 (see s. 2(1) and Gazette 30 Jun 1999 p. 2905) | |||
10 of 2001 |
28 Jun 2001 |
15 Jul 2001 (see s. 2 and Gazette 29 Jun 2001 p. 3257 and Cwlth Gazette 13
Jul 2001 No. S285) | ||||
Taxation Administration (Consequential Provisions) Act 2002 s. 21 5 |
45 of 2002 |
20 Mar 2003 |
1 Jul 2003 (see s. 2 and Gazette 27 Jun 2003 p. 2383) | |||
Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 s. 61 |
65 of 2003 |
4 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5722) | |||
Courts Legislation Amendment and Repeal Act 2004 Pt. 16 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128) | |||
Reprint 3: The Residential Tenancies Act 1987 as at 27 May 2005 (includes
amendments listed above except those in the Real Estate Legislation Amendment
Act 1995 s. 46 and 52) | ||||||
Limitation Legislation Amendment and Repeal Act 2005 s. 23 |
20 of 2005 |
15 Nov 2005 |
15 Nov 2005 (see s. 2) | |||
Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 4 Div. 20 6 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347) | |||
32 of 2006 |
4 Jul 2006 |
3 Aug 2007 (see s. 2 and Gazette 1 Aug 2007 p. 3835) | ||||
Consumer Protection Legislation Amendment and Repeal Act 2006 Pt. 9 |
69 of 2006 |
13 Dec 2006 |
14 Jul 2007 (see s. 2 and Gazette 13 Jul 2007 p. 3453) | |||
Financial Legislation Amendment and Repeal Act 2006 s. 4 and Sch. 1 cl. 149 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137) | |||
Reprint 4: The Residential Tenancies Act 1987 as at 20 Jul 2007 (includes
amendments listed above except those in the
Residential Parks (Long-stay Tenants) Act 2006 ) | ||||||
Legal Profession Act 2008 s. 698 |
21 of 2008 |
27 May 2008 |
1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511) | |||
Standardisation of Formatting Act 2010 s. 29 |
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341) | |||
Acts Amendment (Fair Trading) Act 2010 s. 189 |
58 of 2010 |
8 Dec 2010 |
1 Jan 2011 (see s. 2(c) and Gazette 24 Dec 2010 p. 6805) | |||
Residential Tenancies Amendment Act 2011 |
60 of 2011 |
14 Dec 2011 |
s. 1 and 2: 14 Dec 2011 (see s. 2(a)); | |||
Reprint 5: The Residential Tenancies Act 1987 as at 19 Jul 2013 (includes
amendments listed above) | ||||||
Dog Amendment Act 2013 Pt. 3 |
18 of 2013 |
29 Oct 2013 |
1 Nov 2013 (see s. 2(b) and Gazette 31 Oct 2013 p. 4829) | |||
Statutes (Repeals and Minor Amendments) Act 2014 s. 5 |
17 of 2014 |
2 Jul 2014 |
6 Sep 2014 (see s. 2(b) and Gazette 5 Sep 2014 p. 3213) | |||
Consumer Protection Legislation Amendment Act 2014 Pt. 12 |
23 of 2014 |
9 Oct 2014 |
19 Nov 2014 (see s. 2(b) and Gazette 18 Nov 2014 p. 4315) | |||
Reprint 6: The Residential Tenancies Act 1987 as at 6 Feb 2015 (includes
amendments listed above) | ||||||
Residential Tenancies Amendment Act 2016 |
42 of 2016 |
1 Dec 2016 |
s. 1 and 2: 1 Dec 2016 (see s. 2(a)); | |||
Strata Titles Amendment Act 2018 Pt. 3 Div. 18 |
30 of 2018 |
19 Nov 2018 |
1 May 2020 (see s. 2(b) and SL 2020/39 cl. 2) | |||
Community Titles Act 2018 Pt. 14 Div. 18 |
32 of 2018 |
19 Nov 2018 |
30 Jun 2021 (see s. 2(b) and SL 2021/69 cl. 2) | |||
Residential Tenancies Legislation Amendment (Family Violence) Act 2019 Pt. 2 |
3 of 2019 |
26 Feb 2019 |
15 Apr 2019 (see s. 2(b) and Gazette 9 Apr 2019 p. 1041-2) | |||
Consumer Protection Legislation Amendment Act 2019 Pt. 9 |
25 of 2019 |
24 Oct 2019 |
s. 67: 30 Nov 2019 (see s. 2(b) and Gazette 29 Nov 2019 p. 4101); | |||
Residential Tenancies (COVID-19 Response) Act 2020 Pt. 8 |
18 of 2020 |
23 Apr 2020 |
30 Mar 2020 (see s. 2(d)) | |||
Residential Parks (Long- stay Tenants) Amendment Act 2020 Pt. 3 |
28 of 2020 |
9 Jul 2020 |
s. 88: 10 Jul 2020 (see s. 2(1)(b)); | |||
9 of 2022 |
14 Apr 2022 |
1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2) |
1 The provisions in this Act amending those Acts
have been omitted under the Reprints Act 1984 s. 7(4)(f).
2 The Acts Amendment (Ministry of Justice) Act
1993 Pt. 19 is a savings and transitional provision that is of no further
effect.
3 The Real Estate Legislation Amendment Act 1995
s. 54(2) and (3) read as follows:
(2) A financial
institution which held a security bond under Schedule 1 to the principal Act
immediately before the commencement of this section may continue to hold the
bond after that commencement as if this section had not been enacted and for
that purpose, subject to subsection (3), regulations in force under section 88
of the principal Act immediately before that commencement continue to apply.
(3) The interest
payable by a financial institution after the commencement of this section on
the amount of a security bond referred to in subsection (2) is interest at the
prescribed rate in force from time to time under clause 6(1) of Schedule 1 to
the principal Act as amended by this section.
4 The Real Estate Legislation Amendment Act 1995
s. 46 and 52 were purported to be proclaimed on 1 January 1997 in Gazette 25
June 1996 p. 2902, but the proclamation was revoked before it came into force
— see Gazette 6 September 1996 p. 4405.
5 The Taxation Administration (Consequential
Provisions) Act 2002 s. 3 and 4 and Pt. 4 are transitional provisions that are
of no further effect.
6 The Machinery of Government (Miscellaneous
Amendments) Act 2006 Pt. 4 Div. 23 is a transitional provision that is of no
further effect.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
AFI
92
agent 22(6), 82A
agreement
70A(1), 71D(1), 72(1A)
applicant
82C(1), 82D(1)
authorised agent Sch. 1 cl. 1
authorised financial institution 92
authorised
person 88A(1)
bond 3
bond administrator 3
commencement day
91(1), 92, 97(1), 98(1)
Commissioner
3
common area 3
competent court
3
consumption 49A(1)
co-tenant 71AD(1)
criteria
71A
database 82A
database operator
82A
Department 3
disability
47(1A)
DVO 71AA
excluded tenant 71AE(1)
executive officer
7A(3)
existing agreement 71H
expiry day 3
Family Court injunction
71AA
family violence 3
family
violence order 71AE(1)
first tenant
17A(1)
former agreement 31B(1)
goods
79(1A)
GST 49A(1)
Housing Authority 71A
inaccurate
82A
information 11A(3)
legally
qualified person 22(6)
lessor
3, 46(1)
list 82A
Minister for Housing
71A
minor 59A(1)
national privacy principles 82K(1)
new agreement
31B(1)
notice 46(1),
70A(1)
notice to vacate 81A(1)
out-of-date
82A
party 9(1A)
personal
information 82A
pet
29(1A)
plaintiff 81B(1), 81(1)
possession day
70A(1), 72(1A)
premises
3, 38(2), 40(1), 42(1), 44(1), 46(1), 71AA
prescribed
3
prescribed alterations 47(4)
prescribed amount 12
prescribed dispute
12
prescribed period 43(1)
proceedings 22(1A)
property manager
3
protected tenant 71AE(1)
public
utility services 49A(1), 98(1)
reasonable grounds
3
reasonable time
46(1)
rent 3
Rental Accommodation Account
3
residential premises 3, 82A
residential tenancy agreement 3, 82A
residential
tenancy database 82A
security bond
3, 29(1A)
security bond held in an AFI
92
social housing premises 3, 71A
social
housing provider 3, 71A
social housing tenancy
agreement 3, 71A
specified date
81A(1)
strata company 49A(1)
suitable repairer 43(1)
tenancy
3
tenancy period 3
tenant
3, 82A
tenant compensation bond
3
tenant compensation order 59D(1)
tenant’s document 80A(1)
terminating tenant
71AC(1)
urgent repairs
43(1)