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Bill 1998
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
This Bill is cognate with the Fair Trading Amendment Bill 1998.
(a) to clarify the circumstances in which a tenant is required to pay "user
charges" (such as for the supply of electricity, gas and water),
(b) to provide for the termination of a residential tenancy agreement where
the tenant would otherwise suffer undue hardship,
(c) to authorise the issuing of penalty notices for certain offences against
the Act or the regulations,
(d) to make consequential and other minor changes.
The Bill also makes a consequential amendment to the Fines Act 1996.
* Amended in committee--see table at end of volume.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the
Residential Tenancies Act 1987 set out in Schedule 1.
Clause 4 is a formal provision giving effect to the amendment to the Fines
Act 1996 set out in Schedule 2.
Schedule 1 Amendment of Residential Tenancies Act
1987
Schedule 1 [1] amends section 19 to clarify the circumstances in which a
landlord is to pay the user charges and any other prescribed charges under a
residential tenancy agreement. The section further ensures that the liability to
pay user charges of a kind prescribed by the regulations fall upon the
landlord if the relevant services are not separately measured by a meter or
other official measuring method.
Schedule 1 [2] makes a consequential amendment to section 69.
Schedule 1 [3] inserts proposed section 69A to allow a tenant to terminate a
residential tenancy agreement where the tenant would suffer undue hardship
if the agreement were not terminated, and describes the orders the Tribunal
can make with respect to such a termination. The effect of the provision is to
confer a right upon the tenant which was previously available only to the
landlord under section 69.
Schedule 1 [4] inserts proposed new section 125A which authorises the
issuing of penalty notices for prescribed offences against the Act or the
regulations.
Schedule 1 [5] amends Schedule 4 to provide for the making of regulations
of a savings or transitional nature as a consequence of amendments made by
the proposed Act.
Schedule 1 [6] amends Schedule 4 to provide for savings and transitional
provisions as a consequence of amendments made by the proposed Act.
Schedule 2 Amendment of Fines Act 1996
Schedule 2 consequentially amends the Fines Act 1996 to allow penalty
notices that are issued under the provision proposed to be inserted by
Schedule 1 to the proposed Act, to be issued and enforced using the
procedures set out in the Fines Act 1996.
Explanatory note page 2