Western Australian Numbered Acts Western Australian Numbered Acts[s. 3]
In this Act, unless
the contrary intention appears —
“abandoned goods” means goods that may
be treated as abandoned goods under section 48(1);
“ADI” , which stands for authorised
deposit-taking institution, has the meaning given to that term in the
Commonwealth Banking Act 1959 section 5;
“ADI account” means an account with an
ADI;
“agreed premises” means —
(a) in
relation to an on-site home agreement — the site, the on-site home,
any other structures on the site that the long-stay tenant is entitled to use
or occupy under the agreement, and any fixtures, fittings or chattels that are
provided under the agreement for the exclusive use of the long-stay tenant;
and
(b) in
relation to a site-only agreement means the site, any structures on the site
that are provided by the park operator and that the long-stay tenant is
entitled to use or occupy under the agreement, and any fixtures, fittings or
chattels that are provided under the agreement for the exclusive use of the
long-stay tenant;
“authorised financial institution” has
the definition given to that term in the Residential Tenancies Act 1987
Schedule 1 clause 1;
“bond administrator” means the chief
executive officer of the Department in his or her capacity as bond
administrator under the Residential Tenancies Act 1987 ;
“bond agent” means a public officer
appointed by the bond administrator to be his or her agent for the purposes of
the definition of “authorised agent” in the
Residential Tenancies Act 1987 Schedule 1 clause 1;
“caravan park” means a caravan park
(including a lifestyle village) —
(a)
operated or required to be operated under a licence issued under the
Caravan Parks and Camping Grounds Act 1995 ;
(b)
operated by a local government under the Caravan Parks and Camping Grounds
Act 1995 ; or
(c)
operated by a public sector body;
“Commissioner” means the person for
the time being designated as the Commissioner under section 84;
“default notice” means a notice under
section 39(1)(b) or 40(1), as the case requires;
“Department” means the department of
the Public Service principally assisting in the administration of this Act;
“key bond” means an amount paid as
security bond as mentioned in section 21(2)(b);
“lifestyle village” means a caravan
park, or an area within a caravan park, that includes long-stay sites that are
occupied, or intended to be occupied, solely or principally by individuals
having a particular interest or quality in common;
“long-stay agreement” or
“agreement” has the meaning given by section 5;
“long-stay site” , in relation to a
residential park, means —
(a) if
the residential park is operated by a person who is licensed under the
Caravan Parks and Camping Grounds Act 1995 — a site that is
permitted to be used as a long-stay site under a licence issued under that
Act; or
(b) in
any other case — a site that the park operator is willing to rent
to a tenant for a fixed term of 3 months or more, whether or not the site
is rented for such a term at any particular time, and whether or not the site
includes an on-site home;
“long-stay tenant” or
“tenant” means the grantee of a right of occupancy under a
long-stay agreement;
“make” , in relation to a long-stay
agreement, includes renew, extend, assign or otherwise transfer the agreement;
“notice of termination” means a notice
to terminate a long-stay agreement given in accordance with this Act;
“on-site home” , in relation to an
on-site home agreement, means the relocatable home provided under the
agreement by the park operator;
“on-site home agreement” means a
long-stay agreement under which the long-stay tenant has the right to occupy a
relocatable home provided by the park operator;
“park operator” , in relation to a
residential park or caravan park, means the grantor of a right of occupancy
under a residential park tenancy agreement, or the grantor’s successor
where the succession is subject to the interest of the tenant;
“park premises” , in relation to a
residential park, means all or any part of the land and structures within the
boundaries of the park, including premises occupied exclusively by the park
operator or an agent or employee of the park operator, vacant sites, vacant
on-site homes, agreed premises and shared premises;
“park rules” , in relation to a
residential park, means —
(a) the
rules for tenants prepared by the park operator (if any); and
(b) the
rules for tenants prepared by the park liaison committee (if any);
“period of notice” , in relation to
the termination of a long-stay agreement under a notice of termination, means
the period beginning on the day on which the notice is given and ending on the
specified day;
“pet bond” means an amount paid as a
security bond as mentioned in section 21(2)(c);
“public sector body” has the meaning
given to that term in the Public Sector Management Act 1994 ;
“real estate agent” means a person who
holds or is required to hold a licence under the
Real Estate and Business Agents Act 1978 ;
“relocatable home” means a vehicle,
building, tent or other structure that is fitted or designed for use as a
residence (whether or not it includes bathroom or toilet facilities) and that
is or can be parked, assembled or erected on a site in a residential park;
“rent” , in relation to a long-stay
agreement, means an amount paid or payable under the agreement by the
long-stay tenant in respect of the tenancy period or a part of the tenancy
period;
“Rental Accommodation Fund” means the
Rental Accommodation Fund established under the Residential Tenancies
Act 1987 Schedule 1 clause 3;
“residential park” means a caravan
park in which there are long-stay sites;
“residential park tenancy agreement”
means an agreement made between an individual and a park operator under which
the park operator for valuable consideration grants to the
individual —
(a) the
right to occupy a relocatable home provided by the park operator on a site in
the residential park; or
(b) the
right to occupy a relocatable home provided by the individual on a site in the
residential park;
“retired person” has the same meaning
as it has in the Retirement Villages Act 1992 section 3;
“security bond” means an amount
payable by a long-stay tenant as security for the performance of his or her
obligations under the long-stay agreement, including any amounts of pet bond
or key bond;
“selling agency agreement” means an
agreement between a long-stay tenant and a park operator as mentioned in
section 57(1);
“shared premises” , in relation to a
residential park, means —
(a) the
common areas, structures and amenities in the park that the park operator
provides for the use of all long-stay tenants or makes accessible to all
long-stay tenants; and
(b) any
fixtures, fittings or chattels in or on the common areas or structures;
“site” , in relation to a residential
park, means an area of land in the park that is set aside for the use of one
relocatable home, except such an area that is a lot in relation to a
survey-strata scheme under the Strata Titles Act 1985 ;
“site-only agreement” means a
long-stay agreement under which the long-stay tenant has the right to occupy a
relocatable home provided by the long-stay tenant on a site in the residential
park;
“specified day” means —
(a) in
relation to a notice of termination given under section 39(1)(a)
or (b), 40(4), 41(1) or 42(1) — the day
specified in the notice as the day on which the park operator requires the
long-stay tenant to give vacant possession of the agreed premises to the park
operator;
(b) in
relation to a notice of termination given under
section 44(1) — the day specified in the notice as the day on
which the tenant intends to give vacant possession of the agreed premises to
the park operator;
(c) in
relation to a notice of termination given under
section 45(3) — the day specified in the notice as the day on
which the agreement is to be terminated;
(d) in
relation to a default notice given under section 39(1)(b) —
the day specified in the notice as the day on which the park operator requires
the outstanding amount of rent to be paid; and
(e) in
relation to a default notice given under section 40(1) — the
day specified in the notice as the day on or before which the breach must be
remedied;
“tenancy” means a tenancy under a
long-stay agreement;
“tenancy bond account”
means —
(a) in
relation to a park operator — an ADI account held under
section 22(1)(b); or
(b) in
relation to a real estate agent — a trust account referred to in
section 22(2)(a) or (b);
“tenancy period” , in relation to a
long-stay agreement, means the whole period during which the agreement is in
force, whether the agreement is for a fixed term or creates a periodic
tenancy;
“working day” means any day except a
Saturday, Sunday or public holiday.
