RESIDENTIAL TENANCIES REGULATION 1998 

- made under the Residential Tenancies Act 1997

- TABLE OF PROVISIONS

1. Name of regulation   
1A. Prescribed agreement not residential tenancy agreement--Act,   
2. Prescribed period for depositing bond--Act, s 23 (6)   
4A. Appropriate action under warrant--Act, s 40   
5. Service of termination notice   
ENDNOTES

RESIDENTIAL TENANCIES REGULATION 1998
- REG 1
Name of regulation 
This regulation is the Residential Tenancies Regulation
1998.

RESIDENTIAL TENANCIES REGULATION 1998
- REG 1A
Prescribed agreement not residential tenancy agreement--Act, 
s 6D (1) (d)
     (1)     An agreement relating to the occupation of premises is a prescribed
agreement if--
         (a)     the agreement is between the Territory (the lessor) and
a person (the "lessee"); and
         (b)     the agreement includes a term that makes the lessor liable to pay the
lessee, on the date of effect, an exit payment calculated in accordance with the
following formula:

     (2)     In this section:
"date of effect" means the date of effect stated in the
agreement.
"market value", of premises, means a valuation of the premises
as if--
         (a)     the land relating to the premises were subject to a units plan under
the Unit Titles Act 2001; and
         (b)     the rights and obligations mentioned in the agreement were rights and
obligations in relation to a unit within a units plan under the Unit Titles
Act 2001.
"market value at entry "means the market value of the premises
to which the agreement relates on the day the lessee pays the sublease
consideration.
"market value at exit" means the market value of the premises
to which the agreement relates on the date of effect.
"sublease consideration" means the sublease consideration
stated in the agreement.

RESIDENTIAL TENANCIES REGULATION 1998
- REG 2
Prescribed period for depositing bond--Act, s 23 (6) 
The period within which the amount of the bond must be deposited with the
Territory is--
         (a)     if the tenant pays the bond to the lessor, the period that ends
2 weeks after the later of the following:
               (i)     the day the bond is paid;
               (ii)     the day the tenancy commences; or
         (b)     if the tenant pays the bond to the lessor's agent, the period
that ends 4 weeks after the later of the days mentioned in
paragraph (a).

RESIDENTIAL TENANCIES REGULATION 1998
- REG 4A
Appropriate action under warrant--Act, s 40 
It is appropriate for a police officer to physically remove a person from
premises--
         (a)     between 8 am and 6 pm from Monday to Thursday, other than on a public
holiday; or
         (b)     if authorised by the warrant in exceptional circumstances--at any
time.

RESIDENTIAL TENANCIES REGULATION 1998
- REG 5
Service of termination notice 
For the Act, section 58 (1) (b) and section 59 (1) (b) a termination notice
must be served--
         (a)     on an individual--
               (i)     by delivering it to the person personally; or
               (ii)     by leaving it at, or sending it by prepaid post to, the address of
the place of residence or business of the person last known to the person
serving the document; or
               (iii)     by leaving it at, or sending it by prepaid post to, the address for
service provided by the person under the Act, schedule 1 (Prescribed terms),
clause 98; or
         (b)     on a corporation--by leaving it at, or sending it by prepaid post
to, the head office, a registered office or a principal office of the
corporation.

RESIDENTIAL TENANCIES REGULATION 1998
- NOTES Endnotes

Endnotes
1     About
the endnotes
Amending and modifying laws are annotated in the legislation history and
the amendment history.  Current modifications are not included in the
republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001,
part 11.3 are annotated in the amendment history.  Full details of any
amendments can be obtained from the Parliamentary Counsel's
Office.
Uncommenced amending laws are not included in the republished law.  The
details of these laws are underlined in the legislation history.  Uncommenced
expiries are underlined in the legislation history and amendment
history.
If all the provisions of the law have been renumbered, a table of
renumbered provisions gives details of previous and current numbering. 

The endnotes also include a table of earlier republications.
2     Abbreviation
key

      
      

A = Act

NI = Notifiable instrument

AF = Approved form

o = order

am = amended

om = omitted/repealed

amdt = amendment

ord = ordinance

AR = Assembly resolution

orig = original

ch = chapter

par = paragraph/subparagraph

CN = Commencement notice

pres = present

def = definition

prev = previous

DI = Disallowable instrument

(prev...) = previously

dict = dictionary

pt = part

disallowed = disallowed by the Legislative

r = rule/subrule

Assembly

reloc = relocated

div = division

renum = renumbered

exp = expires/expired

R[X] = Republication No

Gaz = gazette

RI = reissue

hdg = heading

s = section/subsection

IA = Interpretation Act 1967

sch = schedule

ins = inserted/added

sdiv = subdivision

LA = Legislation Act 2001

SL = Subordinate law

LR = legislation register

sub = substituted

LRA = Legislation (Republication) Act
1996

underlining = whole or part not
commenced

mod = modified/modification

or to be expired

3     Legislation
history
This regulation was originally the Residential Tenancies
Regulations.  It was renamed under the Legislation Act
2001.
Residential Tenancies Regulation 1998 No
17
notified 28 May 1998 (Gaz 1998 No S146)
commenced 25 May 1998 (s 2)
as amended by
Legislation (Consequential Amendments) Act 2001 No 44
pt 333
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s
10B)
pt 333 commenced 12 September 2001 (s 2 and see Gaz 2001
No S65)
Residential Tenancies Amendment Act 2005 A2005-39 s
28
notified LR 31 August 2005
s 1, s 2 commenced 31 August 2005 (LA s 75
(1))
s 28 commenced 28 February 2006 (s 2 and LA s
79)
Justice and Community Safety Legislation Amendment
Act 2005 (No 4) A2005-60 sch 1 pt 1.24
notified LR 1 December 2005
s 1, s 2 taken to have commenced 23 November 2005 (LA s
75 (2))
sch 1 pt 1.24 commenced 22 December 2005 (s 2
(4))
Residential Tenancies Amendment Regulation 2006 (No
1) SL2006-42
notified LR 3 August 2006
s 1, s 2 commenced 3 August 2006 (LA s 75
(1))
remainder commenced 4 August 2006 (s 2)
ACT Civil and Administrative Tribunal Legislation
Amendment Act 2008 A2008-36 sch 1 pt 1.45
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75
(1))
sch 1 pt 1.45 commenced 2 February 2009 (s 2 (1) and see
ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and
CN2009-2)
Residential Tenancies Amendment Regulation 2012 (No
1) SL2012-11
notified LR 26 March 2012
s 1, s 2 commenced 26 March 2012 (LA s 75
(1))
remainder commenced 27 March 2012 (s
2)
4     Amendment
history
Name of
regulations 1     am R1 LA; R2
LA
Prescribed agreement not residential tenancy
agreement--Act, s 6D (1) (d)s
1A     ins SL2012-11 s 4
Prescribed period for depositing
bond--Act, s 23 (6)s 2     om Act
2001 No 44 amdt 1.3667     ins SL2006-42 s
4
Interpretations
3     om Act 2001 No 44 amdt 1.3667
Interests
4     om A2005-60 amdt 1.131
Appropriate action under warrant--Act,
s 40s 4A     ins A2005-39 s
28
Application for resolution of
disputes 6     om A2008-36 amdt
1.596
Beginning and record of
mediations 7     om A2008-36 amdt
1.596
Form of termination
notices 8     om Act 2001 No 44 amdt
1.3667
Termination
noticesch     om Act 2001 No 44 amdt
1.3668
5     Earlier
republications
Some earlier republications were not numbered. The number in column 1
refers to the publication order.  
Since 12 September 2001 every authorised republication has been published
in electronic pdf format on the ACT legislation register.  A selection of
authorised republications have also been published in printed format. These
republications are marked with an asterisk (*) in column 1.  Electronic and
printed versions of an authorised republication are identical. 

      
      
      
      

Republication No and date

Effective

Last amendment made by

Republication for

R127 Jun
2002

27 Jun
2002-2 Nov 2004

A2001-44

amendments by A2001-44

R23 Nov
2004

3 Nov
2004-21 Dec 2005

A2001-44

editorial amendments under Legislation
Act

R322 Dec
2005

22 Dec
2005-27 Feb 2006

A2005-60

amendments by A2005-60

R428 Feb
2006

28 Feb
2006-3 Aug 2006

A2005-60

amendments by A2005-39

R54 Aug
2008

4 Aug
2008-1 Feb 2009

SL2006-42

amendments by SL2006-42

R62 Feb
2009

2 Feb
2009-26 Mar 2012

A2008-36

amendments by A2008-36

(c)  Australian Capital Territory 2012

RESIDENTIAL TENANCIES REGULATION 1998
- NOTES
Australian Capital
Territory

    
SL1998-17

Republication No 7
Effective: 27 March 2012 Republication date: 27 March 2012 Last amendment made by SL2012-11 Unauthorised version prepared by ACT Parliamentary Counsel's OfficeAbout this
republication
The republished law
This is a republication of the Residential Tenancies Regulation 1998 
, made under the Residential Tenancies Act 1997 
 (including any amendment made under the Legislation Act
2001, part 11.3 (Editorial changes)) as in force on 27 March 2012

.  It also includes any commencement, amendment, repeal or expiry
affecting this republished law to 27 March 2012 
.  
The legislation history and amendment history of the republished law are
set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel's Office prepares 2 kinds of republications
of ACT laws (see the ACT legislation register at
www.legislation.act.gov.au):
               o     authorised republications to which the Legislation Act 2001
applies
               o     unauthorised republications.
The status of this republication appears on the bottom of each
page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary
Counsel to make editorial amendments and other changes of a formal nature when
preparing a law for republication.  Editorial changes do not change the effect
of the law, but have effect as if they had been made by an Act commencing on the
republication date (see Legislation Act 2001, s 115 and s 117).  The
changes are made if the Parliamentary Counsel considers they are desirable to
bring the law into line, or more closely into line, with current legislative
drafting practice.  
This republication does not include amendments made under part 11.3 (see
endnote 1).
Uncommenced provisions and
amendments
If a provision of the republished law has not commenced, the symbol
 U  appears immediately before the
provision heading.  Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For
more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current
modification, the symbol  M  appears
immediately before the provision heading.  The text of the modifying provision
appears in the endnotes.  For the legal status of modifications, see the
Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence
against this law is $110 for an individual and $550 for a corporation (see
Legislation Act 2001, s 133).
Australian Capital
Territory

Residential Tenancies Regulation 1998 
    
Endnotes5

Australian Capital
Territory

Residential Tenancies Regulation 1998