New South Wales Consolidated Acts

RESIDENTIAL PARKS ACT 1998 - SECT 37

37 Resident may agree to pay certain electricity charges

(1) The park owner and resident under a residential tenancy agreement may agree that it is a term of the agreement that the resident will pay electricity charges (including availability charges, but not including installation costs) in connection with the residential premises, if:

(a) the residential premises are individually metered, in compliance with the relevant code, and

(b) any charges for the supply or resupply of electricity to the resident are calculated in accordance with the relevant code, and

(c) the resident is provided with a receipt for any amount paid to the park owner for electricity consumption or availability, and that receipt is separate from any rent receipt provided to the resident or is identified separately on the rent receipt, and

(d) the resident is issued with accounts that comply with this section, and with any relevant provisions of the relevant code that are not inconsistent with this section.

(2) However, a resident who is required to pay the park owner an amount for electricity consumption or availability under such a term is not required to pay an amount that is greater than either:

(a) the amount calculated in accordance with the relevant code, having regard to the resident’s electricity consumption, or

(a1) the maximum amount that a person who consumed the same amount of gas or electricity would have to pay if the person were in other residential premises (not in a residential park) in the same locality, or

(b) any maximum amount prescribed by the regulations.

(3) Any account issued to a resident in relation to electricity charges must contain details of the following:

(a) the name of the resident,

(b) the date of the account,

(c) the date of the second meter reading in respect of which the account is issued,

(d) the second meter reading in respect of which the account is issued,

(e) the previous meter reading,

(f) the number of days in the meter reading period,

(g) the method by which the charge for electricity was calculated (showing total electricity consumption and appropriate rates),

(h) the total amount payable,

(i) any other matter required by the relevant code.

(4) It is a term of every residential tenancy agreement that the park owner will pay all electricity charges in connection with the residential premises other than those that the resident agrees to pay, and is required to pay, under this section.

(5) A resident who is required to pay any amount under this section is entitled to inspect any records of the park owner that relate to the payment of electricity charges by the resident.

(6) In this section, "the relevant code" means:

(a) in relation to gas, the code prescribed by the regulations for the purposes of this paragraph with respect to gas, and

(b) in relation to electricity, the code prescribed by the regulations for the purposes of this paragraph with respect to electricity.