New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 2010 - SECT 3

3 Definitions

(1) In this Act--

"acceptable behaviour agreement" --see section 138.

"apprehended violence order" has the same meaning as it has in the Crimes (Domestic and Personal Violence) Act 2007 and includes a provisional, interim and final apprehended violence order.

"approved form" means the form approved from time to time by the Secretary.

"Board" means the Rental Bond Board constituted under this Act.

"break fee" --see section 107.

"business day" means a day that is not--

(a) a Saturday or Sunday, or

(b) a public holiday or bank holiday throughout the State.

"co-tenant" means a tenant who is one of 2 or more tenants under a residential tenancy agreement.

"Department" means the Department of Customer Service.

"domestic violence offence" has the same meaning as it has in the Crimes (Domestic and Personal Violence) Act 2007 .

"exercise" a function includes perform a duty.

"fixed term agreement" means a residential tenancy agreement for a tenancy for a fixed term.

"function" includes a power, authority or duty.

"give" includes cause to give.

"holding fee" means an amount paid or required to be paid to a person for not letting premises pending the making of a residential tenancy agreement.

"investigator" means an investigator appointed under section 18 of the Fair Trading Act 1987 .

"landlord" means--

(a) the person who grants the right to occupy residential premises under a residential tenancy agreement, or

(b) a successor in title to the residential premises whose interest is subject to the interest of the tenant, or

(c) a tenant who has granted the right to occupy residential premises to a sub-tenant,

and includes a prospective landlord.

"landlord's agent" means a person who acts as the agent of a landlord and who (whether or not the person carries on any other business) carries on business as an agent for--

(a) the letting of residential premises, or

(b) the collection of rents payable for any tenancy of residential premises.

Note--: A person who acts as such an agent is required to be licensed under the Property and Stock Agents Act 2002 .

"periodic agreement" means a residential tenancy agreement that is not a fixed term agreement.

"premises" includes a moveable dwelling within the meaning of the Local Government Act 1993 .

"public holiday" means a day appointed under the Public Holidays Act 2010 or another Act as a public holiday.

"rent" means an amount payable by a tenant under a residential tenancy agreement for the right to occupy premises for a period of the agreement.

"rental bond" --see section 157.

"residential premises" means any premises or part of premises (including any land occupied with the premises) used or intended to be used as a residence.

Note--: Land on which there is no residence cannot be subject to a tenancy or other provisions under this Act.

"residential tenancy agreement" --see section 13.

"residential tenancy database" --see section 209.

"Secretary" means--

(a) the Commissioner for Fair Trading, Department of Customer Service, or

(b) if there is no person employed as Commissioner for Fair Trading--the Secretary of the Department.

"separately metered" means that there is, in respect of residential premises, a meter--

(a) that satisfies an Australian Standard prescribed by the regulations (if any) dealing with electrical, gas, oil or water metering equipment, and

(b) that has been installed in accordance with the manufacturer's instructions for installation or industry practice, and

(c) that measures the quantity of electricity, gas, oil or water that is supplied to, or used at, only those residential premises, and

(d) that enables a separate bill to be issued by the supplier for all charges for the supply and use of the electricity, gas, oil or water at those residential premises, and

(e) if the meter is to measure the supply of electricity--in respect of which an NMI, within the meaning of the National Energy Retail Law (NSW) , has been assigned, and

(f) if the meter is to measure the supply of gas--in respect of which an MIRN or a delivery point identifier, within the meaning of the National Energy Retail Law (NSW) , has been assigned.

"sign" includes execution by a corporation in any manner permitted by law.

"social housing premises" --see section 136.

"social housing provider" --see section 136.

"social housing tenancy agreement" --see section 136.

"tenancy" means the right to occupy residential premises under a residential tenancy agreement.

"tenant" means--

(a) the person who has the right to occupy residential premises under a residential tenancy agreement, or

(b) the person to whom such a right passes by transfer or operation of the law, or

(c) a sub-tenant of a tenant,

and includes a prospective tenant.

"termination notice" --see section 80.

"termination order" --see section 80.

"Tribunal" means the Civil and Administrative Tribunal.

"water usage charge" for residential premises means that part of a water charge that is based on the volume of water supplied to the premises.

Note--: The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) Notes included in this Act do not form part of this Act.