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Queensland
MANUFACTURED HOMES
(RESIDENTIAL PARKS)
BILL 2003
Queensland
MANUFACTURED HOMES
(RESIDENTIAL PARKS) BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2--Objects
4 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 3--Rights or remedies not restricted
5 Rights and remedies of persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 2--INTERPRETATION
6 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7 Notes in text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8 Who is a "home owner" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
9 What is a "home owners information document" . . . . . . . . . . . . . . . . . . . . . 12
10 What is a "manufactured home" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
11 Who is a "park owner" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
12 What is a "residential park". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
13 What is a "site" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
14 What is a "site agreement" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
PART 3--BASIC RESPONSIBILITIES OF PARK OWNERS AND
HOME OWNERS
15 What this part is about. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
16 Home owner's responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
17 Park owner's responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
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Manufactured Homes (Residential Parks) Bill 2003
PART 4--HOME OWNERS INFORMATION DOCUMENT
18 Form and content of home owners information document . . . . . . . . . . . . . . 16
PART 5--SITE AGREEMENTS
Division 1--General
19 Terms of site agreement include responsibilities under Act etc. . . . . . . . . . . 17
20 Standard terms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
21 Special terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
22 Variation of special term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
23 Contracting out prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
24 Inconsistency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
25 Written agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
26 Duration of site agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
27 Successor in title of park owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
28 Notice to be given by successor in title of park owner to home owner. . . . . 20
Division 2--Entering into site agreements
29 Park owner to give disclosure documents to prospective home owner . . . . . 20
30 Obtaining independent legal advice about site agreement . . . . . . . . . . . . . . 21
31 Home owner's copy of site agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PART 6--TERMINATION OF SITE AGREEMENTS
Division 1--Introduction
32 No other way of terminating site agreement . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 2--Termination within 28 days after entering into site
agreement
33 Cooling-off period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
34 Automatic ending of sale agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
35 Compensation may be payable to home owner. . . . . . . . . . . . . . . . . . . . . . . 24
Division 3--Termination of site agreement in other circumstances
36 Termination of site agreement by agreement between home owner
and park owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
37 Termination of site agreement by home owner . . . . . . . . . . . . . . . . . . . . . . . 25
38 Termination of site agreement by tribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . 25
39 Vacant possession of site to be given after making of termination order . . . 26
40 Compensation may be payable in particular circumstances . . . . . . . . . . . . . 27
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Manufactured Homes (Residential Parks) Bill 2003
41 Apportioning payments on termination of site agreement . . . . . . . . . . . . . . 28
PART 7--ASSIGNMENT OF HOME OWNER'S INTEREST IN
SITE AGREEMENT
Division 1--Introduction
42 Application of pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
43 Hinder proposed assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 2--Requirements for assignment of seller's interest
44 Assignment to be written. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
45 Notice of proposed sale and assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
46 Obtaining independent legal advice about assignment of seller's interest . . 30
47 Form of assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
48 Park owner's consent required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
49 Consent to assignment of seller's interest . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
50 Review of refusal to consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
51 Seller to give particular documents to buyer . . . . . . . . . . . . . . . . . . . . . . . . . 31
PART 8--ABANDONMENT OF MANUFACTURED HOMES
52 Abandonment order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
53 Sale of home or personal effects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
54 Proceeds of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
55 Payment of after-termination rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
PART 9--SALE OF MANUFACTURED HOME POSITIONED ON
SITE
Division 1--Home owner's right to sell manufactured home
56 Right to sell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
57 Placement of `for sale' sign on site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
58 Park owner not to interfere with sale. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 2--Appointing park owner to sell manufactured home
59 Definition for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
60 Appointing park owner under selling authority. . . . . . . . . . . . . . . . . . . . . . . 37
61 Maximum fee under selling authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
62 Unauthorised selling fee prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
PART 10--SITE RENT
63 How site rent to be paid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
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Manufactured Homes (Residential Parks) Bill 2003
64 Where site rent to be paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
65 Receipts and other records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
66 Keeping records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
67 False, misleading or incomplete site rent record . . . . . . . . . . . . . . . . . . . . . . 41
PART 11--VARYING SITE RENT
Division 1--Introduction
68 Ways of varying site rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 2--Increase in site rent provided for in site agreement
69 Notice of increase in site rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
70 Home owner may apply to tribunal for order about site rent increase . . . . . 42
Division 3--Other way of increasing site rent
71 Notice of proposed increase in site rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 4--Reducing site rent
72 Site rent reduction on application to tribunal by home owner . . . . . . . . . . . 45
73 Utility cost in site rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
74 Tribunal review of utility cost and reduction in site rent. . . . . . . . . . . . . . . . 46
PART 12--PARK MANAGERS
75 Park owner may appoint park manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
76 Service of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
PART 13--PARK RULES
Division 1--Making of park rules
77 Park owner may make park rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 2--Park rule changes
78 Notice of proposed change of park rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
79 Objection to proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
80 Park liaison committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
81 Consideration of objections by park liaison committee . . . . . . . . . . . . . . . . 50
82 Application to tribunal about proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
83 Decision of tribunal about proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
84 When proposal takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
85 When change of park rule has no effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
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Manufactured Homes (Residential Parks) Bill 2003
PART 14--RESIDENTIAL PARK OPERATIONS
Division 1--Park owners' obligations
86 Quiet enjoyment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
87 Emergency access to residential park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
88 Right of home owner to participate in home owners' organisation. . . . . . . . 54
89 Notice board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
90 Maintenance of trees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
91 Mail facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
92 Separate measurement or metering of supply of utility . . . . . . . . . . . . . . . . 55
93 Repositioning of manufactured home . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
94 Access by park owner to site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
95 Fraudulent or misleading conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
96 Harassment or unconscionable conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Division 2--Home owners' obligations
97 Letting of site by home owner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
98 Alteration or addition to manufactured home . . . . . . . . . . . . . . . . . . . . . . . . 58
99 Separate payment by home owner for use of utility at site . . . . . . . . . . . . . . 58
PART 15--HOME OWNERS COMMITTEE
100 Establishment of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
101 Home owners constitution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
102 Committee's function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
103 Park owner to respond to complaint or proposal. . . . . . . . . . . . . . . . . . . . . . 60
PART 16--INSPECTORS
104 Appointment and qualifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
105 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . . . . . . . . . 60
106 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
107 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
108 When inspector ceases to hold office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
109 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
110 Return of identity card. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
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Manufactured Homes (Residential Parks) Bill 2003
PART 17--ENFORCEMENT
Division 1--Entry of places
111 Power to enter place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Division 2--Procedure for entry
112 Entry with consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
113 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
114 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
115 Warrant--application made other than in person . . . . . . . . . . . . . . . . . . . . . 65
116 Warrant--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Division 3--General powers of inspectors
117 General powers after entering place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
118 Power to seize evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
119 Receipt for seized thing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
120 Return of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
121 Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Division 4--Other investigative powers
122 Power to require production of particular documents . . . . . . . . . . . . . . . . . . 69
Division 5--Other enforcement matters
123 Inspector to give notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
124 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
125 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
126 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
127 Obstructing an inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
128 Impersonation of an inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
PART 18--UNDERTAKINGS
129 Chief executive may seek undertaking after contravention. . . . . . . . . . . . . . 72
130 Variation and withdrawal of undertakings. . . . . . . . . . . . . . . . . . . . . . . . . . . 73
131 Enforcement of undertakings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
132 Register of undertakings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
PART 19--LEGAL PROCEEDINGS
Division 1--Evidence
133 Application of div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
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Manufactured Homes (Residential Parks) Bill 2003
134 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
135 Evidentiary aids. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Division 2--Proceedings
136 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
137 Allegations of false or misleading information or documents . . . . . . . . . . . 76
138 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 76
139 Executive officers must ensure corporation complies with Act. . . . . . . . . . . 76
PART 20--GENERAL
140 Site agreement dispute. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
141 Application to tribunal by group of home owners. . . . . . . . . . . . . . . . . . . . . 77
142 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
143 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
144 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
145 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
146 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
PART 21--REPEAL AND TRANSITIONAL PROVISIONS
Division 1--Repeal
147 Repeal of Mobile Homes Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Division 2--Transitional provisions
148 Definitions for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
149 Relevant agreement taken to be site agreement. . . . . . . . . . . . . . . . . . . . . . . 79
150 Park owner to keep records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
151 Relevant agreement that is not written . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
152 References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
153 Applications to small claims tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
154 Claim for compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
PART 22--AMENDMENT OF ACTS
155 Consequential and other amendments of Acts . . . . . . . . . . . . . . . . . . . . . . . 82
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 83
ACTS AMENDED
ANTI-DISCRIMINATION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
COMMERCIAL AND CONSUMER TRIBUNAL ACT 2003 . . . . . . . . . . 83
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Manufactured Homes (Residential Parks) Bill 2003
DUTIES ACT 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
INTEGRATED PLANNING ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
LOCAL GOVERNMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
PROPERTY AGENTS AND MOTOR DEALERS ACT 2000 . . . . . . . . . . 86
RESIDENTIAL TENANCIES ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . 87
RETIREMENT VILLAGES ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
SMALL CLAIMS TRIBUNALS ACT 1973 . . . . . . . . . . . . . . . . . . . . . . . . 89
SUCCESSION ACT 1981 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
WORKPLACE HEALTH AND SAFETY ACT 1995 . . . . . . . . . . . . . . . . . 90
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 91
DICTIONARY
2003
A BILL
FOR
An Act to provide for the positioning and occupancy of manufactured
homes in residential parks, and for other purposes
s1 10 s4
Manufactured Homes (Residential Parks) Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introduction 3
1 Short title 4
This Act may be cited as the Manufactured Homes (Residential Parks) 5
Act 2003. 6
2 Commencement 7
This Act commences on a day to be fixed by proclamation. 8
3 Act binds all persons 9
(1) This Act binds all persons, including the State. 10
(2) However, nothing in this Act makes the State liable to be prosecuted 11
for an offence. 12
Division 2--Objects 13
4 Objects of Act 14
(1) The main object of this Act is to regulate, and promote fair trading 15
practices in, the operation of residential parks by-- 16
(a) declaring particular rights and obligations of the park owner, and 17
home owners, for a residential park; and 18
(b) facilitating the disclosure of information about a residential park, 19
and this Act, to a prospective home owner for a site; and 20
(c) regulating-- 21
(i) the making, content, assignment and ending of a site 22
agreement; and 23
s5 11 s7
Manufactured Homes (Residential Parks) Bill 2003
(ii) the sale of an abandoned manufactured home positioned on 1
a site in a residential park; and 2
(iii) the variation of site rent; and 3
(d) facilitating participation by home owners for a residential park in 4
the affairs of the park; and 5
(e) providing ways of resolving a site agreement dispute. 6
(2) The following are also important objects of this Act-- 7
(a) encouraging the continued growth and viability of the residential 8
park industry in the State; 9
(b) providing a clear regulatory framework to ensure certainty for 10
the residential park industry in planning for future expansion. 11
Division 3--Rights or remedies not restricted 12
5 Rights and remedies of persons 13
(1) A right or remedy given to a person under this Act is in addition to, 14
and not in substitution for, a right or remedy the person would have apart 15
from this Act. 16
(2) Without limiting subsection (1), this Act does not operate to reduce 17
the effect of a right or remedy a person would have apart from this Act. 18
(3) In subsections (1) and (2), a reference to a right or remedy a person 19
would have apart from this Act is a reference to a right or remedy that is 20
consistent with this Act. 21
PART 2--INTERPRETATION 22
6 Definitions 23
The dictionary in schedule 2 defines particular words used in this Act. 24
7 Notes in text 25
A note in the text of this Act is part of the Act. 26
s8 12 s 10
Manufactured Homes (Residential Parks) Bill 2003
8 Who is a "home owner" 1
(1) Each of the following is a "home owner"-- 2
(a) a person who owns a manufactured home that is positioned on a 3
site in a residential park under a site agreement; 4
(b) a person who intends to position a manufactured home on a site 5
in a residential park under a site agreement for use by the person 6
as the person's principal place of residence; 7
(c) a person who obtains an interest in a site agreement as the 8
personal representative, or a beneficiary of the estate, of a 9
deceased individual who immediately before the individual's 10
death was a person mentioned in paragraph (a) or (b); 11
(d) another successor in title of a person mentioned in paragraph (a) 12
or (b). 13
(2) A person mentioned in subsection (1)(a) is a "home owner" 14
whether-- 15
(a) the person occupies the home as the person's principal place of 16
residence; or 17
(b) a tenant of the person occupies the home. 18
9 What is a "home owners information document" 19
A "home owners information document" is a document, in the form 20
provided for in section 18, giving a prospective home owner for a site in a 21
residential park information to help the person make an informed decision 22
about entering into a site agreement for the site. 23
24
Note--
25
Section 18 requires particular information to be included in a home owners
26
information document.
10 What is a "manufactured home" 27
A "manufactured home" is a structure, other than a caravan or tent, 28
that-- 29
(a) has the character of a dwelling house; and 30
s 11 13 s 14
Manufactured Homes (Residential Parks) Bill 2003
(b) is designed to be able to be moved from one position to another; 1
and 2
(c) is not permanently attached to land. 3
11 Who is a "park owner" 4
(1) A person who owns a residential park is a "park owner". 5
(2) Each of the following is also a "park owner"-- 6
(a) the personal representative, or a beneficiary of the estate, of a 7
deceased individual who immediately before the individual's 8
death was a person mentioned in subsection (1); 9
(b) a mortgagee in possession of a residential park for which site 10
agreements are in force; 11
(c) another successor in title of a person mentioned in subsection (1). 12
12 What is a "residential park" 13
A "residential park" is an area of land that includes-- 14
(a) sites; and 15
(b) common areas; and 16
(c) facilities for the personal comfort, convenience or enjoyment of 17
persons residing in manufactured homes positioned on sites. 18
13 What is a "site" 19
A "site" is land that is available for rent under a site agreement. 20
14 What is a "site agreement" 21
A "site agreement" is an agreement between a park owner and a home 22
owner that-- 23
(a) provides for-- 24
(i) the rental by the home owner of particular land in a 25
residential park; and 26
(ii) the positioning on the land of a manufactured home; and 27
s 15 14 s 16
Manufactured Homes (Residential Parks) Bill 2003
(iii) the home owner's non-exclusive use of the park's common 1
areas and communal facilities; and 2
(b) includes provision about anything else required or permitted by 3
this Act to be in the agreement. 4
5
Example for paragraph (b)--
6
provision about how site rent may be increased
PART 3--BASIC RESPONSIBILITIES OF PARK 7
OWNERS AND HOME OWNERS 8
15 What this part is about 9
(1) This part states some of the basic responsibilities of park owners and 10
home owners. 11
(2) Other parts of the Act deal with more specific rights and 12
responsibilities. 13
(3) This part does not limit a park owner's, or home owner's, rights or 14
responsibilities under this Act. 15
16 Home owner's responsibilities 16
A home owner under a site agreement has the following 17
responsibilities-- 18
(a) to use the site only as a place of residence; 19
(b) to use the residential park's common areas only for a purpose 20
associated with the home owner's residential use of the site; 21
(c) not to use, or allow the home owner's tenant or guests to use, the 22
site or residential park's common areas for an illegal purpose; 23
(d) not to interfere with, and to ensure as far as practicable the home 24
owner's tenant or guests do not interfere with, the reasonable 25
peace, comfort or privacy of the residential park's residents; 26
(e) to pay the site rent and other charges payable by the home owner 27
under the agreement; 28
s 17 15 s 17
Manufactured Homes (Residential Parks) Bill 2003
(f) not to intentionally or recklessly damage or destroy, or allow the 1
home owner's tenant or guests to intentionally or recklessly 2
damage or destroy, the residential park's communal facilities; 3
(g) to maintain the manufactured home positioned on the site in a 4
reasonable state of cleanliness and repair, and fit to live in; 5
(h) otherwise, to comply with the agreement and the park rules for 6
the residential park. 7
8
Note--
9
The responsibilities mentioned in this section are taken to be included as terms of the
10
site agreement under section 19.
17 Park owner's responsibilities 11
The park owner for a residential park has the following responsibilities 12
in relation to a home owner-- 13
(a) to take reasonable steps to ensure the home owner-- 14
(i) always has access to the home owner's site in the park; and 15
(ii) has reasonable access to the common areas; 16
(b) to maintain the common areas and communal facilities in a 17
reasonable state of cleanliness and repair, and fit for use by the 18
home owner; 19
(c) to ensure the times the park owner or park manager is available 20
to be contacted by the home owner are reasonable, having regard 21
to all the circumstances, including the utilities supplied by the 22
park owner to the site; 23
(d) to the extent it is within the park owner's control, to ensure the 24
continuity of supply of a utility to the park and the site; 25
(e) otherwise, to comply with the site agreement for the site and the 26
park rules. 27
28
Note--
29
The responsibilities mentioned in this section are taken to be included as terms of a site
30
agreement under section 19.
s 18 16 s 18
Manufactured Homes (Residential Parks) Bill 2003
PART 4--HOME OWNERS INFORMATION 1
DOCUMENT 2
18 Form and content of home owners information document 3
(1) A home owners information document, for a residential park, must be 4
in the approved form. 5
(2) The approved form must provide for the inclusion of the following-- 6
(a) the address and real property description of the park; 7
(b) the park owner's name and business address; 8
(c) the park manager's name and business address; 9
(d) details of the communal facilities; 10
(e) details of any authority issued under a law of the State necessary 11
for the operation of the park; 12
(f) the basic responsibilities of park owners and home owners 13
mentioned in part 3; 14
(g) the rights of a park owner or home owner to terminate a site 15
agreement under part 6; 16
(h) how a home owner's interest in a site agreement may be assigned 17
under part 7; 18
(i) how site rent may be varied under part 11; 19
(j) how a site agreement dispute may be resolved under section 140; 20
(k) a recommendation that a person seek independent legal advice 21
before-- 22
(i) entering into a site agreement; or 23
(ii) agreeing to an assignment of a home owner's interest in a 24
site agreement to the person. 25
(3) In this section-- 26
"authority" includes approval, consent, licence and permit. 27
s 19 17 s 22
Manufactured Homes (Residential Parks) Bill 2003
PART 5--SITE AGREEMENTS 1
Division 1--General 2
19 Terms of site agreement include responsibilities under Act etc. 3
The following are taken to be included as terms of a site agreement-- 4
(a) the home owner's responsibilities under section 16; 5
(b) the park owner's responsibilities under section 17; 6
(c) the park rules for the residential park; 7
(d) the terms of any tribunal order in force about the agreement; 8
(e) other duties imposed on, or entitlements given to, the park owner 9
or home owner under this Act. 10
20 Standard terms 11
(1) A regulation may prescribe terms for inclusion in a site agreement. 12
(2) The terms prescribed for this section are the "standard terms" of a 13
site agreement. 14
21 Special terms 15
The "special terms" of a site agreement are the terms of the agreement 16
that are not-- 17
(a) standard terms; or 18
(b) terms taken to be included in the agreement under section 19. 19
22 Variation of special term 20
(1) A special term of a site agreement may be varied at any time while 21
the agreement is in force. 22
(2) A variation of a special term of a site agreement is void unless it is 23
written and signed by the parties to the agreement. 24
s 23 18 s 25
Manufactured Homes (Residential Parks) Bill 2003
(3) Subsection (4) applies if a party to a site agreement does not agree to 1
a variation of a special term of the agreement proposed by the other party to 2
the agreement. 3
(4) On application by the other party, the tribunal may make the order 4
the tribunal considers appropriate about the proposed variation. 5
23 Contracting out prohibited 6
(1) An agreement is void to the extent to which it purports to exclude, 7
change or restrict the application or operation of a provision of this Act 8
about the terms of a site agreement. 9
(2) A person must not enter into an agreement with the intention, directly 10
or indirectly, of defeating the operation of this Act. 11
Maximum penalty--200 penalty units. 12
(3) In this section-- 13
"agreement" includes arrangement. 14
"defeating" includes evading and preventing. 15
24 Inconsistency 16
(1) If a provision of this Act is inconsistent with a special term of a site 17
agreement, the provision prevails and the term is void to the extent of the 18
inconsistency. 19
(2) If a standard term of a site agreement is inconsistent with a special 20
term of the agreement, the standard term prevails and the special term is 21
void to the extent of the inconsistency. 22
25 Written agreement 23
(1) The park owner for a residential park must ensure a site agreement is 24
written to the extent, and in the way, required by this section. 25
Maximum penalty--200 penalty units. 26
(2) The agreement must include the standard terms, and any special 27
terms, of the agreement. 28
(3) If, for a standard term of a site agreement to be effective, the term 29
requires stated information to be included in it, the agreement is taken to 30
include the standard term only if the information is properly included. 31
s 26 19 s 26
Manufactured Homes (Residential Parks) Bill 2003
1
Example of information--
2
the names of the parties and a description of the site
(4) The agreement must-- 3
(a) be written in a clear and precise way; and 4
(b) precisely identify the site; and 5
(c) state each party's name, address and any telephone number; and 6
(d) state the following-- 7
(i) the site rent and other charges payable under the agreement; 8
(ii) when the site rent and other charges are payable and how 9
they must be paid; 10
(iii) how and when the site rent may be varied; and 11
(e) state the maximum number of persons who may reside on the site 12
the subject of the agreement; and 13
(f) be signed by the parties; and 14
(g) comply with any other requirement prescribed under a 15
regulation. 16
(5) The park owner must pay the costs of preparing the agreement. 17
(6) Also, the park owner must keep a copy of the agreement until 1 year 18
after the agreement is terminated. 19
Maximum penalty--20 penalty units. 20
(7) Nothing in this section affects the enforceability of a site agreement 21
that is not written. 22
23
Note--
24
Section 151 deals with relevant agreements, under the repealed Act, in force
25
immediately before the commencement of section 148 that are not in writing.
26 Duration of site agreement 26
A home owner's right under a site agreement to position a manufactured 27
home on a site continues until the agreement is terminated. 28
s 27 20 s 29
Manufactured Homes (Residential Parks) Bill 2003
27 Successor in title of park owner 1
A successor in title of the park owner under a site agreement obtains the 2
benefits, and is subject to the obligations, of the park owner in relation to 3
the agreement. 4
28 Notice to be given by successor in title of park owner to home 5
owner 6
A person must, within 14 days after becoming a successor in title of the 7
park owner under a site agreement, give the home owner under the 8
agreement a notice-- 9
(a) stating the person's name and business address; and 10
(b) directing the home owner to make all future payments of site rent 11
payable under the agreement to the person. 12
Maximum penalty--10 penalty units. 13
Division 2--Entering into site agreements 14
29 Park owner to give disclosure documents to prospective home 15
owner 16
(1) The park owner for a residential park must simultaneously give a 17
prospective home owner for a site-- 18
(a) the following documents relating to the park (the "disclosure 19
documents")-- 20
(i) the home owners information document for the park; 21
(ii) the park rules; 22
(iii) any proposal for a change in the park rules not finally dealt 23
with under part 13, division 2;1 and 24
(b) 2 copies of a proposed site agreement for the site. 25
(2) The park owner for a residential park who has not given a 26
prospective home owner for a site the disclosure documents for the park 27
1 Part 13 (Park rules), division 2 (Park rule changes)
s 30 21 s 32
Manufactured Homes (Residential Parks) Bill 2003
must not enter into a site agreement, for the site, with the prospective home 1
owner. 2
Maximum penalty for subsection (2)--200 penalty units. 3
30 Obtaining independent legal advice about site agreement 4
The park owner for a residential park must not, at any time, restrict a 5
person's right to obtain independent legal advice about a site agreement. 6
Maximum penalty--100 penalty units. 7
31 Home owner's copy of site agreement 8
(1) This section applies if the park owner for a residential park-- 9
(a) has received 2 copies of a proposed site agreement for a site, 10
signed by a prospective home owner for the site; and 11
(b) has signed both copies. 12
(2) The park owner must, within 10 days after signing both copies, return 13
a copy to the other party to the agreement. 14
Maximum penalty--100 penalty units. 15
PART 6--TERMINATION OF SITE AGREEMENTS 16
Division 1--Introduction 17
32 No other way of terminating site agreement 18
A site agreement may be terminated only under this part or part 8.2 19
2 Part 8 (Abandonment of manufactured homes)
s 33 22 s 33
Manufactured Homes (Residential Parks) Bill 2003
Division 2--Termination within 28 days after entering into site 1
agreement 2
33 Cooling-off period 3
(1) This section applies if-- 4
(a) within 7 days after the park owner for a residential park gives a 5
prospective home owner for a site the disclosure documents for 6
the park, the park owner and prospective home owner enter into a 7
site agreement for the site; or 8
(b) the park owner for a residential park does not give a prospective 9
home owner for a site the disclosure documents for the park 10
before the park owner and prospective home owner enter into a 11
site agreement for the site. 12
(2) Within 28 days after the day the agreement is entered into, the home 13
owner may give the park owner a signed notice stating the agreement is 14
terminated. 15
(3) The notice must state the day, within 28 days after the notice is given, 16
the termination is effective (the "termination day"). 17
(4) The home owner may terminate the agreement under subsection (2) 18
even though-- 19
(a) the home owner has affirmed the agreement; and 20
(b) the agreement has been fully executed. 21
(5) If the agreement is terminated under subsection (2), the home owner 22
is not liable to pay any amount otherwise payable under the agreement by 23
the home owner to the park owner. 24
(6) If the agreement is terminated under subsection (2), the park owner 25
must, within 14 days after the termination day, refund any amount received 26
under the agreement from the home owner. 27
Maximum penalty--100 penalty units. 28
(7) An amount payable to the home owner under subsection (6) is 29
recoverable as a debt. 30
s 34 23 s 34
Manufactured Homes (Residential Parks) Bill 2003
34 Automatic ending of sale agreement 1
(1) This section applies in relation to a site agreement if-- 2
(a) in conjunction with the agreement, the parties to the agreement 3
enter into an agreement (the "sale agreement") for the sale of a 4
manufactured home positioned on the site; and 5
(b) the home owner terminates the site agreement under section 33. 6
(2) The sale agreement is taken to be at an end on the day the termination 7
of the site agreement is effective. 8
(3) Also, on the ending of the sale agreement under subsection (2), 9
ownership of the home reverts to the park owner. 10
(4) Subsections (2) and (3) apply even though-- 11
(a) the home owner has affirmed the sale agreement; and 12
(b) the sale agreement has been fully executed. 13
(5) The park owner must, within 14 days after the ending of the sale 14
agreement under subsection (2), pay the refundable amount as follows-- 15
(b) first, if there is an amount owing to a person under a security 16
interest registered for the home under the Bills of Sale and Other 17
Instruments Act 1955--in payment of the amount owing under 18
the security interest; 19
(b) second, in payment of any balance to the home owner. 20
Maximum penalty--100 penalty units. 21
(6) A term in the sale agreement is void to the extent it purports to 22
exclude, change or restrict the operation of subsection (5). 23
(7) In this section-- 24
"refundable amount" means the total of the following-- 25
(a) the amount paid to the park owner, or at the park owner's 26
direction, under the sale agreement; 27
(b) the amount of any expenses reasonably incurred by the home 28
owner arising out of or incidental to the sale agreement. 29
s 35 24 s 35
Manufactured Homes (Residential Parks) Bill 2003
35 Compensation may be payable to home owner 1
(1) This section applies if-- 2
(a) the home owner under a site agreement terminates the agreement 3
under section 33; and 4
(b) the home owner removes the manufactured home positioned by 5
the home owner on the site from the site and relocates it to 6
another place. 7
(2) On application by the home owner, the tribunal may make an order 8
(the "compensation order") that the park owner pay the home owner an 9
amount of compensation to cover the reasonable costs of removing the 10
home from the site and relocating it to another place. 11
(3) The application must be made within 6 months after the termination 12
of the agreement is effective. 13
(4) In making the compensation order, the tribunal may have regard to 14
the following-- 15
(a) the costs of removing the home from the site; 16
(b) the costs of transporting the home and the home owner's personal 17
effects to the other location; 18
(c) the costs of positioning the home at the other location; 19
(d) the costs of repairing any damage to the home arising from its 20
removal and relocation; 21
(e) whether the home owner has taken all reasonable steps to 22
mitigate the costs of removal and relocation. 23
(5) In making the compensation order, the tribunal may only make an 24
allowance for the costs mentioned in subsection (4)(b)-- 25
(a) if the distance of transport was less than 300 km--relating to the 26
actual distance of transport; or 27
(b) if the distance of transport was 300 km or more--relating to a 28
distance of transport of 300 km. 29
(6) The compensation order must not be for an amount that is more than 30
the market value of the home. 31
(7) In conjunction with the compensation order, the tribunal may make 32
any other order the tribunal considers appropriate. 33
s 36 25 s 38
Manufactured Homes (Residential Parks) Bill 2003
Division 3--Termination of site agreement in other circumstances 1
36 Termination of site agreement by agreement between home owner 2
and park owner 3
(1) The parties to a site agreement may agree, in the approved form, to 4
terminate the site agreement. 5
(2) If a site agreement is terminated under subsection (1), the home 6
owner must give the park owner vacant possession of the site on or before 7
the day it is agreed by the parties the termination is effective. 8
(3) The park owner under a site agreement must not coerce, or attempt to 9
coerce, the home owner to agree to terminate the agreement under 10
subsection (1). 11
Maximum penalty for subsection (3)--200 penalty units. 12
37 Termination of site agreement by home owner 13
(1) The home owner under a site agreement may terminate the 14
agreement by notice, in the approved form, given to the park owner. 15
(2) The notice must state the day, not later than 28 days after the notice is 16
given, the agreement is terminated. 17
(3) The home owner must give the park owner vacant possession of the 18
site on or before the stated day. 19
38 Termination of site agreement by tribunal 20
(1) On application by the park owner under a site agreement, the tribunal 21
may make an order (a "termination order") terminating the agreement on 22
any of the following grounds-- 23
(a) the home owner-- 24
(i) has contravened a term of the agreement; and 25
(ii) has failed to remedy the contravention after being given by 26
the park owner a notice, in the approved form, requiring the 27
home owner to remedy the contravention within 28 days 28
after the notice is given; 29
(b) the home owner has assaulted a person who was lawfully in the 30
residential park; 31
s 39 26 s 39
Manufactured Homes (Residential Parks) Bill 2003
(c) the home owner has wilfully destroyed property, other than the 1
home owner's property, on the residential park or site; 2
(d) the home owner is not occupying the manufactured home 3
positioned on the site as the home owner's principal place of 4
residence; 5
(e) the home owner, or the home owner's tenant or guest-- 6
(i) repeatedly interferes, or has repeatedly interfered, with the 7
quiet enjoyment of the residential park by the park's 8
residents; and 9
(ii) continues, or has continued, the behaviour mentioned in 10
subparagraph (i) after the park owner gives the home owner 11
a notice, in the approved form, requiring the home owner to 12
stop the behaviour; 13
(f) the park owner wishes to use the residential park land, or a part 14
of the park in which the site is located, for another purpose stated 15
in the application (the "stated purpose"). 16
(2) However, the ground mentioned in subsection (1)(d) does not apply if 17
the home is occupied by a tenant of the home owner. 18
(3) An application for a termination order on the ground mentioned in 19
subsection (1)(f) must be accompanied by a document certified by the local 20
government for the local government area in which the residential park is 21
situated stating it is lawful for the park land, or a part of the park in which 22
the site is located, to be used for the stated purpose. 23
(4) In this section-- 24
"assault" includes threaten to assault, procure someone else to assault and 25
attempt to assault. 26
39 Vacant possession of site to be given after making of termination 27
order 28
(1) If a termination order is made relating to a site agreement, the order 29
must-- 30
(a) state the day (the "termination day") the termination is 31
effective; and 32
(b) require the home owner under the agreement to give the park 33
owner vacant possession of the site on or before the termination 34
day. 35
s 40 27 s 40
Manufactured Homes (Residential Parks) Bill 2003
(2) If unforeseen circumstances prevent the home owner under the 1
agreement giving the park owner vacant possession of the site on or before 2
the termination day, the home owner may apply to the tribunal before the 3
termination day for an order extending the time for giving the park owner 4
vacant possession of the site. 5
(3) Subject to subsection (4)-- 6
(a) the termination order is suspended until the application is 7
decided; and 8
(b) the termination day is changed to the day decided by the tribunal 9
on the hearing of the application. 10
(4) In deciding the application, the tribunal may-- 11
(a) extend the time for the period (the "extension period") the 12
tribunal considers reasonable; and 13
(b) make any other order the tribunal considers appropriate. 14
(5) If the tribunal extends the time under subsection (4)(a), the 15
termination day is taken to be the last day of the extension period. 16
40 Compensation may be payable in particular circumstances 17
(1) This section applies if the tribunal intends making a termination 18
order, in relation to a site agreement, on the ground mentioned in 19
section 38(1)(f). 20
(2) The tribunal must, in conjunction with the order, make an order (the 21
"compensation order") that the park owner pay the home owner 22
compensation for the termination of the agreement. 23
(3) If the home owner intends relocating the manufactured home to 24
another location if the termination order is made, the tribunal may have 25
regard to the following when making the compensation order-- 26
(a) the estimated costs of removing the home from the site; 27
(b) the estimated costs of transporting the home and the home 28
owner's personal effects to the other location; 29
(c) the estimated costs of positioning the home at the other location; 30
(d) anything else the tribunal considers relevant. 31
s 41 28 s 41
Manufactured Homes (Residential Parks) Bill 2003
(4) Subsection (5) applies if-- 1
(a) the home owner intends disposing of the manufactured home if 2
the termination order is made; or 3
(b) the manufactured home can not be removed from the site and 4
positioned at another location. 5
(5) The tribunal may have regard to the following when making the 6
compensation order-- 7
(a) the estimated costs of removing the home from the site, 8
including, for example, the costs of dismantling the home; 9
(b) the estimated costs of transporting the home owner's personal 10
effects to the home owner's proposed place of residence; 11
(c) anything else the tribunal considers relevant. 12
(6) In making the compensation order, the tribunal may only make an 13
allowance for the costs mentioned in subsection (3)(b) or (5)(b)-- 14
(a) if the estimated distance of transport is less than 15
300 km--relating to the actual distance of transport; or 16
(b) if the estimated distance of transport is 300 km or more--relating 17
to a distance of transport of 300 km. 18
(7) The amount payable under the compensation order is recoverable as 19
a debt. 20
41 Apportioning payments on termination of site agreement 21
(1) If a site agreement is terminated under this division, the home owner 22
is not liable to pay to the park owner a part of a payment payable under the 23
agreement that relates to a period after the day the termination is effective. 24
(2) If a site agreement is terminated under this division, the park owner 25
must, within 14 days after the termination is effective, refund to the home 26
owner a part of any payment received under the agreement from the home 27
owner that relates to a period after the day the termination is effective. 28
Maximum penalty--100 penalty units. 29
(3) An amount payable to the home owner under subsection (2) is 30
recoverable as a debt. 31
s 42 29 s 45
Manufactured Homes (Residential Parks) Bill 2003
PART 7--ASSIGNMENT OF HOME OWNER'S 1
INTEREST IN SITE AGREEMENT 2
Division 1--Introduction 3
42 Application of pt 7 4
This part applies if the home owner for a site in a residential park (the 5
"seller") on which a manufactured home is positioned proposes-- 6
(a) to sell the home to a person (the "buyer"); and 7
(b) to assign the seller's interest in the site agreement for the site (the 8
"seller's interest") to the buyer. 9
43 Hinder proposed assignment 10
(1) The park owner under the agreement must not hinder the proposed 11
assignment of the seller's interest. 12
Maximum penalty--100 penalty units. 13
(2) The park owner does not contravene subsection (1) if, under this part, 14
the park owner reasonably refuses to consent to a proposed assignment of 15
the seller's interest. 16
Division 2--Requirements for assignment of seller's interest 17
44 Assignment to be written 18
The seller may only assign the seller's interest by written agreement. 19
45 Notice of proposed sale and assignment 20
(1) The seller must give the park owner notice, in the approved form, of 21
the proposed assignment of the seller's interest. 22
(2) Within 7 days after receiving the notice, the park owner must give the 23
buyer the following documents-- 24
(a) a copy of the site agreement; 25
s 46 30 s 49
Manufactured Homes (Residential Parks) Bill 2003
(b) the disclosure documents for the residential park. 1
Maximum penalty for subsection (2)--20 penalty units. 2
46 Obtaining independent legal advice about assignment of seller's 3
interest 4
The park owner or seller must not restrict the buyer's right to obtain 5
independent legal advice about the assignment of the seller's interest. 6
Maximum penalty--100 penalty units. 7
47 Form of assignment 8
(1) The assignment of the seller's interest must be in the approved form 9
(the "form of assignment"). 10
(2) The seller and buyer must each sign 2 copies of the form of 11
assignment. 12
48 Park owner's consent required 13
(1) The assignment of the seller's interest is not effective unless the park 14
owner has consented to the assignment. 15
(2) The park owner may give the consent only by signing both copies of 16
the form of assignment. 17
49 Consent to assignment of seller's interest 18
(1) After the buyer and seller sign the form of assignment, the seller must 19
give the park owner a written request for the park owner's consent to the 20
assignment. 21
(2) The request must be accompanied by 2 signed copies of the form of 22
assignment. 23
(3) The park owner must not unreasonably refuse to consent to the 24
assignment. 25
(4) If the park owner consents to the assignment, the park owner must-- 26
(a) return 1 copy of the form of assignment to the seller; and 27
(b) keep the other copy of the form of assignment until 1 year after 28
the site agreement is terminated. 29
s 50 31 s 51
Manufactured Homes (Residential Parks) Bill 2003
Maximum penalty--20 penalty units. 1
(5) If the park owner decides not to consent to the assignment, the park 2
owner must-- 3
(a) return both copies of the form of assignment to the seller; and 4
(b) give the seller notice of the decision and the reasons for the 5
decision. 6
(6) If the park owner fails to make a decision about the request within 7
14 days after its receipt, the park owner is taken to have decided not to 8
consent to the assignment. 9
50 Review of refusal to consent 10
(1) If the park owner decides, or is taken to have decided, not to consent 11
to the assignment of the seller's interest, the seller may apply to the tribunal 12
for a review of the decision. 13
(2) In deciding the application, the tribunal may-- 14
(a) confirm the park owner's decision; or 15
(b) override the park owner's decision and require the park owner to 16
consent to the assignment of the seller's interest. 17
(3) If the tribunal makes the order mentioned in subsection (2)(b), the 18
park owner must, within 7 days after the making of the order, sign both 19
copies of the form of assignment and return them to the seller. 20
Maximum penalty--20 penalty units. 21
51 Seller to give particular documents to buyer 22
(1) This section applies if the park owner consents to the assignment of 23
the seller's interest. 24
(2) The seller must, as soon as practicable after receiving a copy of the 25
form of assignment under section 49(4)(a), give the following documents 26
to the buyer-- 27
(a) the copy of the form of assignment; 28
(b) the seller's copy of the site agreement. 29
Maximum penalty--5 penalty units. 30
s 52 32 s 52
Manufactured Homes (Residential Parks) Bill 2003
PART 8--ABANDONMENT OF MANUFACTURED 1
HOMES 2
52 Abandonment order 3
(1) Subsection (3) applies if the park owner under a site agreement 4
reasonably believes the home owner has abandoned the manufactured 5
home positioned on the site. 6
(2) Subsection (3) also applies if the park owner under a terminated site 7
agreement reasonably believes the home owner under the agreement has 8
abandoned the manufactured home positioned on the site. 9
(3) On application by the park owner, the tribunal may make an order 10
(the "abandonment order") declaring that the home owner has abandoned 11
the home and the day the home was abandoned. 12
(4) The following provisions have effect on the day stated in the 13
abandonment order as the day the home was abandoned-- 14
(a) the home owner is taken to have abandoned the home; 15
(b) unless the agreement is a terminated site agreement, the 16
agreement is taken to have been terminated. 17
(5) In deciding whether to make the abandonment order, the tribunal 18
may have regard to the following-- 19
(a) whether site rent payable under the agreement is unpaid; 20
(b) whether the home is unoccupied and neglected; 21
(c) whether the agreement has already been terminated under part 6; 22
(d) whether the home owner's mail is being collected; 23
(e) reports from neighbours of the home owner, or from other 24
persons, about the whereabouts or absence of the home owner; 25
(f) whether utilities supplied to, or used at, the home have been 26
disconnected; 27
(g) whether the home owner's personal effects have been removed 28
from the home; 29
(h) anything else the tribunal considers relevant. 30
(6) In conjunction with the abandonment order, the tribunal may do any 31
of the following-- 32
s 53 33 s 53
Manufactured Homes (Residential Parks) Bill 2003
(a) by order (a "sale order"), authorise the park owner, in the way 1
and on any conditions stated in the order, to sell the home or the 2
home owner's personal effects in the home or on the site; 3
(b) order the home owner to pay to the park owner any amount 4
payable under the agreement up to the day the agreement is taken 5
to have been terminated under subsection (4)(b) (the 6
"termination payment"); 7
(c) make any other order the tribunal considers appropriate. 8
(7) An amount payable to the park owner under subsection (6)(b) is 9
recoverable as a debt. 10
(8) The park owner must not sell the home to which the abandonment 11
order relates, or the home owner's personal effects in the home or on the 12
site, unless the tribunal authorises the park owner to sell the home or 13
personal effects under subsection (6)(a). 14
Maximum penalty--100 penalty units. 15
(9) In this section-- 16
"terminated site agreement" means a site agreement terminated under 17
part 6, division 3.3 18
53 Sale of home or personal effects 19
(1) This section applies if, under a sale order, a park owner is authorised 20
to sell a manufactured home positioned on a site or a home owner's 21
personal effects. 22
(2) The park owner does not incur any liability for selling the home or 23
personal effects, or removing the personal effects from the home or site, if 24
the park owner acts honestly and without negligence. 25
(3) A person who buys the home or personal effects acquires a good title 26
to the home or personal effects, and the interest of anyone else in the home 27
or personal effect ends, unless the person buying the home or personal 28
effects did not act honestly in the purchase. 29
(4) The park owner must not sell the home or personal effects to a 30
prohibited person unless the tribunal authorises the sale under 31
subsection (5). 32
3 Part 6 (Termination of site agreements), division 3 (Termination of site agreement in
other circumstances)
s 54 34 s 54
Manufactured Homes (Residential Parks) Bill 2003
Maximum penalty--100 penalty units. 1
(5) On application by the park owner, the tribunal may make an order 2
authorising the park owner to sell the home or personal effects to a 3
prohibited person on the conditions, if any, stated in the order. 4
(6) In this section-- 5
"associate", of the park owner, means an employee or relative of the park 6
owner. 7
"prohibited person" means the park owner or an associate of the park 8
owner. 9
"relative", of the park owner, includes someone connected to the park 10
owner by a spousal relationship or step-relationship. 11
54 Proceeds of sale 12
(1) This section applies if, under a sale order, the park owner sells a 13
manufactured home or a home owner's personal effects. 14
(2) The proceeds of the sale must be applied as follows-- 15
(a) first, in payment of the reasonable costs of selling the home, or 16
removing, storing and selling the personal effects; 17
(b) second, if there is an amount owing to a person under a security 18
interest registered for the home or personal effects under the Bills 19
of Sale and Other Instruments Act 1955--in payment of the 20
amount owing under the security interest; 21
(c) third, in payment to the park owner of the amount of any 22
termination payment; 23
(d) fourth, in payment of any balance to the home owner or, if the 24
home owner can not be located, to the public trustee within 25
10 days after the sale. 26
(3) The public trustee must pay an amount received under 27
subsection (2)(d) into the unclaimed moneys fund (the "fund") kept under 28
the Public Trustee Act 1978. 29
s 55 35 s 55
Manufactured Homes (Residential Parks) Bill 2003
55 Payment of after-termination rent 1
(1) This section applies if-- 2
(a) a site agreement is taken to have been terminated under 3
section 52(4)(b); and 4
(b) under a sale order, the park owner sells the manufactured home 5
positioned on the site or the home owner's personal effects; and 6
(c) under section 54(3), the public trustee pays proceeds from the 7
sale into the fund. 8
(2) On application to the tribunal by the park owner, the tribunal may 9
make an order conferring on the park owner an entitlement to receive an 10
amount paid into the fund under section 54(3), decided by the tribunal, on 11
account of after-termination rent. 12
(3) On making the application, the park owner must demonstrate to the 13
tribunal that the park owner-- 14
(a) acted as soon as is reasonably practicable to sell the home or 15
personal effects; and 16
(b) otherwise took all reasonable steps to mitigate the park owner's 17
loss of site rent that would have been payable under the 18
agreement if it were still in force. 19
(4) In deciding whether to make the order, or if it decides to make the 20
order, in deciding the amount the park owner is entitled to receive, the 21
tribunal must take into account the extent to which the park owner has 22
complied with subsection (3). 23
(5) In this section-- 24
"after-termination rent" means the total of site rent that would have been 25
payable under the agreement, if it were still in force, from the day the 26
agreement is taken to have been terminated under section 52(4)(b) 27
until the day the home or personal effects are sold. 28
s 56 36 s 58
Manufactured Homes (Residential Parks) Bill 2003
PART 9--SALE OF MANUFACTURED HOME 1
POSITIONED ON SITE 2
Division 1--Home owner's right to sell manufactured home 3
56 Right to sell 4
The home owner under a site agreement has the right to sell the 5
manufactured home positioned on the site. 6
57 Placement of `for sale' sign on site 7
(1) This section applies if-- 8
(a) the home owner under a site agreement intends to offer the 9
manufactured home positioned on the site for sale; and 10
(b) the agreement provides for the placement of a `for sale' sign, in 11
relation to the home, on the site. 12
(2) The home owner must give the park owner notice of the intention to 13
offer the home for sale before placing the sign on the site. 14
(3) If the home owner gives a notice to the park owner under 15
subsection (2), the park owner must not restrict the placement of the sign 16
on the site, as allowed under the agreement. 17
Maximum penalty for subsection (3)--20 penalty units. 18
58 Park owner not to interfere with sale 19
(1) The park owner for a residential park must not hinder the sale by a 20
home owner of the home owner's manufactured home positioned on a site. 21
Maximum penalty--200 penalty units. 22
(2) Without limiting subsection (1), the park owner is taken to hinder the 23
sale if the park owner stops potential buyers from inspecting the home. 24
(3) The park owner does not contravene subsection (1) if, under part 7,4 25
the park owner reasonably refuses to consent to a proposed assignment of 26
the home owner's interest in the site agreement for the site. 27
4 Part 7 (Assignment of home owner's interest in site agreement)
s 59 37 s 62
Manufactured Homes (Residential Parks) Bill 2003
Division 2--Appointing park owner to sell manufactured home 1
59 Definition for div 2 2
In this division-- 3
"fee" includes commission or other reward. 4
60 Appointing park owner under selling authority 5
The home owner under a site agreement may by signed notice (a "selling 6
authority"), in the approved form, appoint the park owner as the home 7
owner's agent to sell, or to negotiate the sale of, the manufactured home 8
positioned on the site. 9
61 Maximum fee under selling authority 10
The park owner for a residential park must not, under a selling authority, 11
charge a home owner a fee for the agency that is more than the amount, if 12
any, prescribed under a regulation. 13
Maximum penalty--100 penalty units. 14
62 Unauthorised selling fee prohibited 15
The park owner for a residential park must not charge a home owner a 16
fee in relation to the sale of the manufactured home positioned on the home 17
owner's site in the park unless-- 18
(a) the charge is made under a selling authority; and 19
(b) the park owner is the effective cause of the sale. 20
Maximum penalty--100 penalty units. 21
s 63 38 s 64
Manufactured Homes (Residential Parks) Bill 2003
PART 10--SITE RENT 1
63 How site rent to be paid 2
(1) The home owner under a site agreement must pay the site rent 3
payable under the agreement in an approved way. 4
(2) If the agreement states an approved way for payment of the site rent, 5
the home owner must pay the site rent in the way stated. 6
(3) However, if after signing the agreement-- 7
(a) the park owner or home owner gives to the other party a notice 8
stating an approved way, or a different approved way, as the way 9
the site rent is required, or is proposed, to be paid; and 10
(b) the other party agrees in writing (the "site rent agreement") to 11
payments of site rent being made in the way stated; 12
the home owner must pay the site rent in the way stated while the site rent 13
agreement remains in force. 14
(4) Site rent is paid in an "approved" way if it is paid in any of the 15
following ways-- 16
(a) cash; 17
(b) cheque; 18
(c) deposit to a financial institution account nominated by the park 19
owner under the agreement; 20
(d) credit card; 21
(e) an EFTPOS system; 22
(f) deduction from pay, or a pension or other benefit, payable to the 23
home owner; 24
(g) another way agreed on by the park owner and home owner. 25
64 Where site rent to be paid 26
(1) If a site agreement states the place for payment of the site rent 27
payable under the agreement, the home owner must pay the site rent at the 28
place stated. 29
(2) However, if, after signing the agreement, the park owner gives the 30
home owner a notice stating a place, or a different place, for the payment of 31
s 65 39 s 65
Manufactured Homes (Residential Parks) Bill 2003
the site rent and the place is reasonable, the home owner must pay the site 1
rent at the place stated in the notice while the notice is in force. 2
(3) If the place for payment of the site rent is not stated in the agreement, 3
the home owner must pay the site rent at an appropriate place. 4
5
Example of an appropriate place--
6
the park owner's office in the residential park
65 Receipts and other records 7
(1) If site rent is paid in cash, the person receiving the payment must 8
give the person making the payment a receipt for the payment as required 9
under this section. 10
Maximum penalty--10 penalty units. 11
(2) If site rent is paid by cheque and the person making the payment asks 12
for a receipt when making the payment, the person receiving the payment 13
must give the person making the payment a receipt for the payment as 14
required under this section. 15
Maximum penalty--10 penalty units. 16
(3) The receipt must be signed by the person receiving the payment. 17
(4) The receipt must be given to the person making the payment-- 18
(a) for a payment made personally and in cash--when the payment 19
is made; or 20
(b) for a payment made in cash but not personally--before the next 21
business day after the day the payment is received; or 22
(c) for a payment made by cheque--within 3 business days after the 23
day the payment is received. 24
(5) The park owner for a residential park must, for a payment of site rent 25
by a home owner-- 26
(a) make an electronic or written record of the payment (the "site 27
rent payment record"); and 28
(b) if asked by the home owner, give a copy of the site rent payment 29
record to the home owner within 7 days after the request is made. 30
Maximum penalty--10 penalty units. 31
s 66 40 s 66
Manufactured Homes (Residential Parks) Bill 2003
(6) However, the site rent payment record is not required to be made if-- 1
(a) the site rent payment is made in cash; or 2
(b) the site rent payment is made by cheque and a receipt is given for 3
the payment. 4
(7) A receipt given for, or a site rent payment record made of, a payment 5
of site rent must state the following-- 6
(a) the name of the home owner for the site for which the payment is 7
made; 8
(b) sufficient particulars to identify the site; 9
(c) the date the payment is received; 10
(d) the period for which the payment is made; 11
(e) the amount of the payment; 12
(f) that the payment is a payment of site rent. 13
66 Keeping records 14
(1) The park owner for a residential park must, for each payment of site 15
rent under a site agreement for which a receipt has been given-- 16
(a) make a copy of the receipt or make another appropriate written 17
record of the payment; and 18
(b) keep the copy or other record until the earlier of the following-- 19
(i) the day that is 7 years after the receipt is given; 20
(ii) the first anniversary of the end of the agreement. 21
Maximum penalty--20 penalty units. 22
(2) The park owner for a residential park must, for each payment of site 23
rent under a site agreement for which a site rent payment record has been 24
made, keep the record until the earlier of the following-- 25
(a) the day that is 7 years after the record is made; 26
(b) the first anniversary of the end of the agreement. 27
Maximum penalty--20 penalty units. 28
s 67 41 s 69
Manufactured Homes (Residential Parks) Bill 2003
67 False, misleading or incomplete site rent record 1
(1) A person must not-- 2
(a) make an entry in a site rent record the person knows is false or 3
misleading in a material particular; or 4
(b) fail to enter a material particular in a site rent record unless the 5
person does not know, and can not reasonably obtain, the 6
necessary information. 7
Maximum penalty--20 penalty units. 8
(2) In this section-- 9
"site rent record" means a receipt given for, or a site rent payment record 10
or another record made of, a payment of site rent under a site 11
agreement. 12
PART 11--VARYING SITE RENT 13
Division 1--Introduction 14
68 Ways of varying site rent 15
The site rent payable under a site agreement may only be varied in the 16
ways stated in this part. 17
Division 2--Increase in site rent provided for in site agreement 18
69 Notice of increase in site rent 19
(1) This section applies if a site agreement-- 20
(a) provides for an increase in the site rent payable under the 21
agreement; and 22
(b) states how the amount of the increase is to be calculated. 23
(2) If the park owner wishes to increase the site rent under this section, 24
the park owner must give the home owner a notice stating the following-- 25
s 70 42 s 70
Manufactured Homes (Residential Parks) Bill 2003
(a) the amount of the increased site rent; 1
(b) how the increased site rent has been calculated; 2
(c) the day the increased site rent is first payable (the "increase 3
day"); 4
(d) if the home owner considers the increase is excessive, the home 5
owner may apply to the tribunal, within 28 days after receiving 6
the notice, for an order reducing the amount of, or setting aside, 7
the increase. 8
(3) The increase day must not be earlier than 28 days after the notice is 9
given. 10
(4) The increased site rent is payable from the increase day. 11
70 Home owner may apply to tribunal for order about site rent 12
increase 13
(1) This section applies if-- 14
(a) the park owner for a residential park gives a home owner notice, 15
under section 69, of an increase in the site rent payable under the 16
site agreement between the parties; and 17
(b) the home owner considers the increase is excessive. 18
(2) On application by the home owner made within 28 days after 19
receiving the notice, the tribunal may make any of the following orders-- 20
(a) an order reducing the amount of the increase by a stated amount; 21
(b) an order setting aside the increase; 22
(c) an order confirming the increase on the conditions, if any, the 23
tribunal considers appropriate; 24
(d) another order the tribunal considers appropriate. 25
(3) In deciding the application, the tribunal may have regard to the 26
following-- 27
(a) the range of site rents usually charged for comparable sites in 28
comparable residential parks in the locality of the park, or if there 29
are no comparable residential parks or sites, the range of market 30
rents usually charged for residential accommodation in the 31
locality; 32
(b) the increased site rent compared to the previous site rent; 33
s 70 43 s 70
Manufactured Homes (Residential Parks) Bill 2003
(c) the frequency, and amount, of past increases in the site rent 1
payable under the agreement; 2
(d) any increase in the CPI number during the previous site rent 3
period; 4
(e) the amenity or standard of the common areas and communal 5
facilities; 6
(f) any withdrawal of a communal facility or service previously 7
provided at the park; 8
(g) any addition of a communal facility or service not previously 9
provided at the park; 10
(h) any increase in the park owner's operating costs for the park 11
during the previous site rent period; 12
(i) whether the increase is fair and equitable in all the circumstances 13
of the case; 14
(j) anything else the tribunal considers relevant. 15
(4) If, in deciding the application, the tribunal makes an order mentioned 16
in subsection (2)(a) or (b), the park owner must refund to the home owner 17
any overpayment of the site rent since when the increased site rent has been 18
paid. 19
Maximum penalty--10 penalty units. 20
(5) An amount payable to the home owner under subsection (4) is 21
recoverable as a debt. 22
(6) In this section-- 23
"CPI" means the all groups consumer price index for Brisbane published 24
by the Australian statistician. 25
"previous site rent" means the site rent payable under the agreement 26
before the increase. 27
"previous site rent period" means the period commencing on the first day 28
the previous site rent was payable and ending on the day the tribunal 29
decides the application. 30
s 71 44 s 71
Manufactured Homes (Residential Parks) Bill 2003
Division 3--Other way of increasing site rent 1
71 Notice of proposed increase in site rent 2
(1) This section applies if-- 3
(a) the park owner for a residential park wishes to increase the site 4
rent payable under a site agreement; and 5
(b) section 69 does not apply to the proposed increase. 6
(2) The park owner must give the home owner for the site a notice stating 7
the following-- 8
(a) the amount of the proposed increased site rent; 9
(b) the basis for the proposed increase; 10
(c) the day the proposed increased site rent is first payable (the 11
"increase day"); 12
(d) the home owner must, within 28 days after receiving the notice, 13
give the park owner a written response indicating whether or not 14
the home owner agrees to the proposed increase. 15
(3) The increase day must not be earlier than 2 months after the notice is 16
given. 17
(4) The home owner must within 28 days after receiving the notice give 18
the park owner a written response indicating whether or not the home 19
owner agrees to the proposed increase. 20
(5) If the response indicates the home owner agrees to the proposed 21
increase, the proposed increased site rent is first payable on the increase 22
day. 23
(6) If the home owner does not give a written response under 24
subsection (4) within the 28 days, the home owner is taken to have not 25
agreed to the proposed increase. 26
(7) If the park owner and home owner do not agree on the proposed 27
increase within the 28 days, the park owner may apply to the tribunal for an 28
order about the proposed increase. 29
(8) In deciding the application, the tribunal may have regard to the 30
matters mentioned in section 70(3). 31
(9) Also, in deciding the application, the tribunal may make any of the 32
following orders-- 33
s 72 45 s 73
Manufactured Homes (Residential Parks) Bill 2003
(a) an order reducing the amount of the proposed increase by a 1
stated amount; 2
(b) an order setting aside the proposed increase; 3
(c) an order confirming the proposed increase on the conditions, if 4
any, the tribunal considers appropriate; 5
(d) another order the tribunal considers appropriate. 6
(10) If the tribunal makes an order mentioned in subsection (9)(a) or (c), 7
the order must also state the day from which the increased rent is first 8
payable. 9
Division 4--Reducing site rent 10
72 Site rent reduction on application to tribunal by home owner 11
On application by the home owner under a site agreement, the tribunal 12
may make an order that the site rent payable under the agreement be 13
reduced by an amount the tribunal considers appropriate if it is satisfied-- 14
(a) the amenity or standard of the residential park's common areas 15
and communal facilities has decreased substantially since the 16
agreement was entered into; or 17
(b) a communal facility or service provided at the park when the 18
agreement was entered into has been withdrawn. 19
73 Utility cost in site rent 20
(1) This section applies if-- 21
(a) the use by the home owner under a site agreement of a utility at 22
the site is not separately measured or metered; and 23
(b) either of the following events (a "change event") happens-- 24
(i) the home owner's use of the utility becomes separately 25
measured or metered and the cost of the use becomes 26
payable by the home owner; 27
(ii) the utility stops being available for use by the home owner 28
for any reason other than the default or neglect of the home 29
owner. 30
s 74 46 s 74
Manufactured Homes (Residential Parks) Bill 2003
(2) The park owner must within 14 days after the change event happens 1
give the home owner notice (a "utility cost notice") of the utility cost 2
factored into the site rent payable under the agreement and how the utility 3
cost has been worked out. 4
Maximum penalty--10 penalty units. 5
(3) The site rent payable from the day the change event happens (the 6
"change event day") is the site rent payable immediately before the 7
change event day, reduced by the utility cost stated in the utility cost 8
notice. 9
(4) Any overpayment of site rent, relating to the utility cost, from the 10
change event day must be refunded by the park owner to the home owner 11
within 14 days after the home owner received the utility cost notice. 12
Maximum penalty--10 penalty units. 13
(5) An amount payable to the home owner under subsection (4) is 14
recoverable as a debt. 15
74 Tribunal review of utility cost and reduction in site rent 16
(1) This section applies if-- 17
(a) the park owner under a site agreement contravenes section 73(2); 18
or 19
(b) the home owner under a site agreement who receives a utility 20
cost notice under section 73(2) disputes the utility cost stated in 21
the notice. 22
(2) On application by the home owner, the tribunal may make any of the 23
following orders-- 24
(a) an order reducing the site rent payable under the agreement, from 25
the change event day, by the amount the tribunal considers 26
appropriate; 27
(b) another order the tribunal considers appropriate. 28
29
Example for subsection (2)(b)--
30
An order that the park owner refund to the home owner any overpaid site rent from the
31
change event day.
(3) In making an order under subsection (2), the tribunal may have 32
regard to the following-- 33
s 75 47 s 76
Manufactured Homes (Residential Parks) Bill 2003
(a) relevant available information about the costs of supplying 1
utilities in the local government area in which the residential park 2
is situated; 3
(b) any terms of the agreement about utility costs; 4
(c) the number of persons occupying the manufactured home 5
positioned on the site; 6
(d) anything else the tribunal considers relevant. 7
PART 12--PARK MANAGERS 8
75 Park owner may appoint park manager 9
(1) The park owner for a residential park may appoint a person as the 10
park manager, with responsibility for the day-to-day management of the 11
park. 12
(2) The park owner must as soon as practicable after an appointment 13
under subsection (1) give to each home owner notice of the park manager's 14
appointment and the name and business address of the appointee. 15
(3) An appointment of a person as the park manager may be revoked at 16
any time by the park owner. 17
(4) If the park owner revokes an appointment under subsection (3), the 18
park owner must as soon as practicable after revoking the appointment give 19
notice of the revocation to each home owner. 20
76 Service of documents 21
(1) If this Act requires a document to be given to a park owner for a 22
residential park, the document may be given instead to the park manager. 23
(2) A document given to the park manager under subsection (1) is taken 24
to have been given to the park owner. 25
s 77 48 s 78
Manufactured Homes (Residential Parks) Bill 2003
PART 13--PARK RULES 1
Division 1--Making of park rules 2
77 Park owner may make park rules 3
(1) The park owner for a residential park for which site agreements are 4
in force may make rules about the use, enjoyment, control and 5
management of the park. 6
(2) However, rules may be made only about-- 7
(a) the use and operation of the communal facilities; and 8
(b) the making and abatement of noise; and 9
(c) the carrying on of sporting and other recreational activities; and 10
(d) the speed limits for motor vehicles; and 11
(e) the parking of motor vehicles; and 12
(f) the disposal of refuse; and 13
(g) the keeping of pets; and 14
(h) other things prescribed under a regulation. 15
Division 2--Park rule changes 16
78 Notice of proposed change of park rule 17
(1) If the park owner for a residential park for which site agreements are 18
in force proposes to change a park rule, the park owner must-- 19
(a) fix a day (the "objection closing day") by which a home owner 20
may object to the proposed change (the "proposal"); and 21
(b) give notice of the proposal to-- 22
(i) each home owner at least 28 days before the objection 23
closing day; and 24
(ii) each person who becomes a home owner before the 25
objection closing day, as soon as practicable after the person 26
becomes a home owner. 27
s 79 49 s 80
Manufactured Homes (Residential Parks) Bill 2003
(2) The notice must also inform the home owner-- 1
(a) that the home owner may object to the proposal before the 2
objection closing day; and 3
(b) how the objection may be made. 4
79 Objection to proposal 5
(1) A home owner for the residential park who considers the proposal, or 6
any part of it, is unreasonable may object to the proposal by notice given to 7
the park owner before the objection closing day. 8
(2) The objection must give particulars of why the proposal is 9
considered to be unreasonable. 10
80 Park liaison committee 11
(1) This section applies only if objections to the proposal are made 12
before the objection closing day by-- 13
(a) at least 5 home owners; or 14
(b) if the residential park has less than 10 sites--a majority of the 15
home owners. 16
(2) As soon as practicable after the objection closing day, the home 17
owners who have objected (the "objectors") and the park owner must set 18
up a committee (the "park liaison committee") to consider the objections. 19
(3) The park liaison committee is to consist of the following members-- 20
(a) a person chosen by the objectors; 21
(b) the park owner or the park owner's nominee; 22
(c) someone else agreed on by the members mentioned in 23
paragraphs (a) and (b). 24
(4) The member mentioned in subsection (3)(a) may be an objector. 25
(5) A quorum for the park liaison committee is formed by the 3 members 26
mentioned in subsection (3). 27
(6) If the members mentioned in subsection (3)(a) and (b) fail within 28
7 days after the objection closing day to agree on who is to be the member 29
mentioned in subsection (3)(c), the park owner must give notice of the 30
failure to each objector (a "non-resolution notice"). 31
s 81 50 s 82
Manufactured Homes (Residential Parks) Bill 2003
81 Consideration of objections by park liaison committee 1
(1) The park liaison committee must consider all objections made under 2
section 79 about the proposal and decide whether the proposal is 3
reasonable or unreasonable. 4
(2) If the park liaison committee decides the proposal is unreasonable, it 5
must also change the proposal in a way the park liaison committee 6
considers appropriate to make it reasonable. 7
(3) The park liaison committee must give notice of its decisions under 8
this section to-- 9
(a) each home owner for the residential park; and 10
(b) if the park owner is not a member of the park liaison 11
committee--the park owner. 12
82 Application to tribunal about proposal 13
(1) This section applies if-- 14
(a) a non-resolution notice is given to each objector; or 15
(b) the park owner, or a home owner for the residential park, is 16
dissatisfied with a decision of the park liaison committee under 17
section 81. 18
(2) The park owner or home owner may apply to the tribunal for an order 19
declaring the proposal to be reasonable or unreasonable. 20
(3) The application must-- 21
(a) be made within 7 days after receiving the non-resolution notice 22
or notice of the decision; and 23
(b) give particulars of why the proposal is considered to be 24
reasonable or unreasonable. 25
(4) A single application may be made by more than 1 home owner if it is 26
made by-- 27
(a) at least 5 home owners; or 28
(b) if the park has less than 10 sites--a majority of the home owners. 29
(5) In subsection (2), a reference to the proposal includes the proposal as 30
decided to be changed by the park liaison committee under section 81(2). 31
s 83 51 s 84
Manufactured Homes (Residential Parks) Bill 2003
83 Decision of tribunal about proposal 1
(1) In deciding an application made to the tribunal under section 82, the 2
tribunal may-- 3
(a) declare the proposal to be reasonable; or 4
(b) declare the proposal to be unreasonable; or 5
(c) change the proposal in a way the tribunal considers appropriate 6
to make it reasonable; or 7
(d) make any other order the tribunal considers appropriate. 8
(2) For deciding the application, the tribunal may have regard to the 9
following-- 10
(a) the residential park's location; 11
(b) the park's internal layout; 12
(c) the amenities, improvements, facilities and other physical 13
features of the park; 14
(d) the number of home owners for the park and their needs; 15
(e) the levels of site rent and other charges payable, under site 16
agreements, by the home owners. 17
(3) Subsection (2) does not limit the matters to which the tribunal may 18
have regard. 19
84 When proposal takes effect 20
(1) This section sets out the way of working out when a proposal takes 21
effect. 22
(2) If no objections are made to the proposal or the number of objections 23
made to the proposal is not enough to require the setting up of a park 24
liaison committee, the proposal takes effect-- 25
(a) at the end of the objection closing day for the proposal; or 26
(b) if a later day is stated in the proposal--on the later day. 27
(3) If non-resolution notices about the proposal are given to the objectors 28
and no application under section 82 is made to the tribunal about the 29
proposal, the proposal takes effect-- 30
(a) at the end of the last day for making an application under 31
section 82 to the tribunal about the proposal; or 32
s 85 52 s 85
Manufactured Homes (Residential Parks) Bill 2003
(b) if a later day is stated in the proposal--on the later day. 1
(4) If-- 2
(a) a decision is made by a park liaison committee-- 3
(i) declaring the proposal to be reasonable; or 4
(ii) changing the proposal in a way the park liaison committee 5
considers appropriate to make it reasonable; and 6
(b) no application under section 82 is made to the tribunal about the 7
proposal; 8
the proposal, or the proposal as changed, takes effect on the day decided by 9
the park liaison committee. 10
(5) If the tribunal decides the proposal is reasonable or changes the 11
proposal in a way the tribunal considers appropriate to make it reasonable, 12
the proposal takes effect on the day decided by the tribunal. 13
85 When change of park rule has no effect 14
(1) A change of a park rule for a residential park has no effect if-- 15
(a) it is made otherwise than under this division; or 16
(b) a park liaison committee or the tribunal, in considering a 17
proposal about the change, declares it to be unreasonable. 18
(2) However, subsection (1)(b) does not apply to a decision of the park 19
liaison committee if the tribunal later-- 20
(a) declares the proposal to be reasonable; or 21
(b) changes the proposal in a way the tribunal considers appropriate 22
to make it reasonable. 23
s 86 53 s 87
Manufactured Homes (Residential Parks) Bill 2003
PART 14--RESIDENTIAL PARK OPERATIONS 1
Division 1--Park owners' obligations 2
86 Quiet enjoyment 3
(1) The park owner for a residential park must take reasonable steps to 4
ensure a home owner has quiet enjoyment of the home owner's site in the 5
park and the common areas. 6
(2) The park owner, or park manager, for a residential park must not 7
interfere with the reasonable peace, comfort or privacy of a home owner in 8
using the home owner's site in the park or the common areas. 9
Maximum penalty for subsection (2)--20 penalty units. 10
87 Emergency access to residential park 11
(1) The park owner for a residential park for which site agreements are in 12
force must ensure that an emergency vehicle has ready access to the park in 13
an emergency, unless the park owner has a reasonable excuse. 14
Maximum penalty--20 penalty units. 15
(2) In this section-- 16
"emergency vehicle" means a motor vehicle driven by a person who is-- 17
(a) an emergency worker; and 18
(b) driving the vehicle while performing duties as an emergency 19
worker. 20
"emergency worker" means-- 21
(a) an ambulance officer of the Queensland Ambulance Service or a 22
corresponding service of another State; or 23
(b) a fire officer of the Queensland Fire and Rescue Service or a 24
corresponding service of another State; or 25
(c) a Queensland police officer or a member of a police force or 26
service of the Commonwealth or another State. 27
s 88 54 s 90
Manufactured Homes (Residential Parks) Bill 2003
88 Right of home owner to participate in home owners' organisation 1
The park owner for a residential park must not unreasonably interfere 2
with the exercise of the right of a home owner to participate in an 3
organisation established to represent the interests of the home owner or 4
home owners generally. 5
Maximum penalty--20 penalty units. 6
89 Notice board 7
(1) The park owner for a residential park for which site agreements are in 8
force must maintain a notice board in a prominent position within the 9
common areas. 10
Maximum penalty--10 penalty units. 11
(2) The park owner for a residential park must not unreasonably interfere 12
with the rights of a home owner-- 13
(a) to read the park's notice board; and 14
(b) to place a notice, or other material, relevant to the park on the 15
park's notice board. 16
Maximum penalty--5 penalty units. 17
(3) In this section-- 18
"notice board" means a notice board for the display of notices and other 19
material of interest to the home owners. 20
90 Maintenance of trees 21
(1) The park owner for a residential park for which site agreements are in 22
force must ensure trees in the common areas are maintained so as not to 23
pose a danger to any person or property. 24
(2) However, the park owner is not required to take any action under 25
subsection (1) that is unlawful. 26
(3) The tribunal may, on the application of a home owner, make an order 27
requiring the park owner to comply with subsection (1) in a stated way. 28
s 91 55 s 93
Manufactured Homes (Residential Parks) Bill 2003
91 Mail facilities 1
The park owner for a residential park must establish and maintain at the 2
park reasonable, accessible mail facilities for the home owners. 3
92 Separate measurement or metering of supply of utility 4
(1) This section applies if-- 5
(a) the use by the home owner under a site agreement of a utility at 6
the site is not separately measured or metered; and 7
(b) the park owner wishes to separately measure or meter the use of 8
the utility at the site. 9
(2) The park owner must pay the cost of installing a measuring device or 10
meter to measure the use of the utility at the site. 11
Maximum penalty--100 penalty units. 12
93 Repositioning of manufactured home 13
(1) This section applies if-- 14
(a) there is a site agreement in force for a site (the "original site"); 15
and 16
(b) a manufactured home is positioned on the original site; and 17
(c) under the agreement, the park owner may require the home 18
owner to reposition the home to another site in the residential 19
park. 20
(2) The park owner may require the home owner to reposition the home 21
to another site in the park only if-- 22
(a) the other site is broadly comparable to the original site; and 23
(b) the park owner gives the home owner a written undertaking to 24
pay all the expenses involved in repositioning the home. 25
(3) The undertaking may be enforced by the home owner in a court of 26
competent jurisdiction as if it were a deed. 27
s 94 56 s 95
Manufactured Homes (Residential Parks) Bill 2003
94 Access by park owner to site 1
(1) This section applies if-- 2
(a) there is a site agreement in force for a site; and 3
(b) a manufactured home is positioned on the site. 4
(2) Subject to subsection (3), the park owner or the park manager for the 5
residential park must not enter the site other than in the following 6
circumstances-- 7
(a) if the home owner consents to the entry; 8
(b) in an emergency; 9
(c) if the park owner arranges for the supply of electricity, gas or 10
water to the site--to read a meter situated on the site recording 11
the quantity of electricity, gas or water supplied during a period; 12
(d) to carry out an inspection, or maintenance, of the site, after 13
giving the home owner at least 2 days notice of the proposed 14
entry; 15
(e) to show the site to a prospective home owner for the site, after 16
giving the home owner at least 1 day's notice of the inspection; 17
(f) if the park owner or park manager reasonably believes the home 18
has been abandoned; 19
(g) under an order of the tribunal permitting entry to the site for a 20
stated purpose. 21
Maximum penalty--10 penalty units. 22
(3) Entry to the site in the circumstances mentioned in subsection (2)(c), 23
(d) or (e) must not happen on a Sunday or public holiday, or outside the 24
hours from 8 a.m. to 8 p.m., without the written consent of the home owner. 25
(4) The tribunal may, on application made by the park owner or park 26
manager, make an order permitting the park owner or park manager to 27
enter the site for a stated purpose. 28
95 Fraudulent or misleading conduct 29
The park owner for a residential park for which site agreements are in 30
force must not engage in conduct that is fraudulent or misleading in the 31
operation of the park. 32
Maximum penalty--200 penalty units. 33
s 96 57 s 97
Manufactured Homes (Residential Parks) Bill 2003
96 Harassment or unconscionable conduct 1
The park owner for a residential park for which site agreements are in 2
force must not engage in harassment or unconscionable conduct in the 3
operation of the park. 4
5
Examples of harassment--
6
· using, or getting a third party to use, threatening or intimidating language or
7
behaviour towards a home owner or prospective home owner for a site
8
· engaging in conduct that would make a person feel unwillingly compelled to
9
comply with the park owner's request or demand
10
Examples of unconscionable conduct--
11
· taking unfair advantage of the park owner's superior bargaining position relative to
12
a home owner or prospective home owner for a site
13
· requiring a home owner or prospective home owner for a site to comply with
14
conditions that are not reasonably necessary for the protection of the park owner's
15
legitimate interests
16
· if it is reasonably apparent that a home owner or prospective home owner for a site
17
can not understand relevant documents, taking unfair advantage of the home
18
owner's, or prospective home owner's, lack of understanding in relation to the
19
documents
20
· exerting undue influence or pressure on, or using unfair tactics against, a home
21
owner, prospective home owner for a site, or a person acting for a home owner or
22
prospective home owner for a site
Maximum penalty--200 penalty units. 23
Division 2--Home owners' obligations 24
97 Letting of site by home owner 25
(1) This section applies if a manufactured home is positioned on a site 26
the subject of a site agreement. 27
(2) The home owner must not rent the site to a person on a temporary 28
basis unless this is allowed under the agreement. 29
(3) If the home owner rents the site to a person on a temporary basis 30
under subsection (2), the home owner must as soon as practicable after the 31
letting give the park owner notice of the letting. 32
s 98 58 s 100
Manufactured Homes (Residential Parks) Bill 2003
(4) The notice must state-- 1
(a) the name of the tenant; and 2
(b) the period of the tenancy. 3
98 Alteration or addition to manufactured home 4
(1) This section applies if a manufactured home is positioned on a site 5
the subject of a site agreement. 6
(2) The home owner must not make any alteration to the home that is 7
visible from the outside of the home, or make any addition to the home, 8
unless the park owner gives written consent to the proposed alteration or 9
addition. 10
(3) The park owner must not unreasonably refuse to give the consent. 11
(4) The tribunal may, on application made by the home owner, require 12
the park owner to consent to the proposed alteration or addition if the 13
tribunal considers the consent has been unreasonably refused. 14
(5) However, the tribunal may not make an order under subsection (4) if 15
effecting the proposed alteration or addition would contravene a law of the 16
State. 17
99 Separate payment by home owner for use of utility at site 18
(1) This section applies if, under a site agreement, the home owner is 19
required to pay the park owner for the use by the home owner of a utility at 20
the site. 21
(2) The home owner may be required to pay for the use only if the use is 22
separately measured or metered. 23
PART 15--HOME OWNERS COMMITTEE 24
100 Establishment of committee 25
(1) The home owners for a residential park may establish, by election 26
conducted among themselves, a home owners committee. 27
s 101 59 s 102
Manufactured Homes (Residential Parks) Bill 2003
(2) A member of the committee-- 1
(a) holds office for not more than 1 year, but may be re-elected; and 2
(b) may be removed, at any time, by special resolution at a meeting 3
of the home owners. 4
(3) The committee may, subject to any constitution adopted under 5
section 101 for the committee-- 6
(a) decide its own procedures; and 7
(b) form subcommittees and decide each subcommittee's 8
procedures. 9
(4) The park owner may, if invited by the committee, attend a meeting of 10
the committee. 11
101 Home owners constitution 12
(1) If a home owners committee is established under section 100 for a 13
residential park, a majority of the home owners may adopt a constitution 14
governing the performance by the committee of its function under 15
section 102. 16
(2) The constitution-- 17
(a) must not be inconsistent with this Act; and 18
(b) must provide for any matter prescribed under a regulation. 19
(3) The committee must comply with the constitution. 20
(4) The constitution may be amended by special resolution at a meeting 21
of the home owners. 22
102 Committee's function 23
The function of a home owners committee for a residential park is to 24
deal with the park owner on behalf of the home owners about-- 25
(a) the day-to-day running of the park; and 26
(b) any complaint or proposal about the operation of the park raised 27
by the home owners. 28
s 103 60 s 105
Manufactured Homes (Residential Parks) Bill 2003
103 Park owner to respond to complaint or proposal 1
If a home owners committee for a residential park gives the park owner a 2
notice detailing a complaint or proposal mentioned in section 102(b), the 3
park owner must within 21 days after receiving the notice give the 4
committee a written response addressing the complaint or proposal. 5
Maximum penalty--20 penalty units. 6
PART 16--INSPECTORS 7
104 Appointment and qualifications 8
(1) The chief executive may appoint an officer of the department as an 9
inspector. 10
(2) However, the chief executive may appoint a person as an inspector 11
only if-- 12
(a) the chief executive believes the person has the necessary 13
expertise or experience to be an inspector; or 14
(b) the person has satisfactorily completed an appropriate course of 15
training approved by the chief executive. 16
105 Appointment conditions and limit on powers 17
(1) An inspector holds office on any conditions stated in-- 18
(a) the inspector's instrument of appointment; or 19
(b) a signed notice given to the inspector; or 20
(c) a regulation. 21
(2) The instrument of appointment, a signed notice given to the inspector 22
or a regulation may limit the inspector's powers under this Act. 23
(3) In this section-- 24
"signed notice" means a notice signed by the chief executive. 25
s 106 61 s 108
Manufactured Homes (Residential Parks) Bill 2003
106 Issue of identity card 1
(1) The chief executive must issue an identity card to each inspector. 2
(2) The identity card must-- 3
(a) contain a recent photo of the inspector; and 4
(b) contain a copy of the inspector's signature; and 5
(c) identify the person as an inspector under this Act; and 6
(d) state an expiry date for the card. 7
(3) This section does not prevent the issue of a single identity card to a 8
person for this Act and for other purposes. 9
107 Production or display of identity card 10
(1) In exercising a power under this Act in relation to a person, an 11
inspector must-- 12
(a) produce the inspector's identity card for the person's inspection 13
before exercising the power; or 14
(b) have the identity card displayed so it is clearly visible to the 15
person when exercising the power. 16
(2) However, if it is not practicable to comply with subsection (1), the 17
inspector must produce the identity card for the person's inspection at the 18
first reasonable opportunity. 19
(3) For subsection (1), an inspector does not exercise a power in relation 20
to a person only because the inspector has entered a place as mentioned in 21
section 111(1)(b) or (3). 22
108 When inspector ceases to hold office 23
(1) An inspector ceases to hold office if any of the following happens-- 24
(a) the term of office stated in a condition of office ends; 25
(b) under another condition of office, the inspector ceases to hold 26
office; 27
(c) the inspector's resignation takes effect. 28
(2) Subsection (1) does not limit the ways an inspector may cease to hold 29
office. 30
s 109 62 s 111
Manufactured Homes (Residential Parks) Bill 2003
(3) In this section-- 1
"condition of office" means a condition on which the inspector holds 2
office. 3
109 Resignation 4
An inspector may resign by signed notice given to the chief executive. 5
110 Return of identity card 6
A person who ceases to be an inspector must return the person's identity 7
card to the chief executive within 21 days after ceasing to be an inspector, 8
unless the person has a reasonable excuse. 9
Maximum penalty--10 penalty units. 10
PART 17--ENFORCEMENT 11
Division 1--Entry of places 12
111 Power to enter place 13
(1) An inspector may enter a place if-- 14
(a) its occupier consents to the entry; or 15
(b) it is a public place and the entry is made when it is open to the 16
public; or 17
(c) the entry is authorised by a warrant; or 18
(d) it is an office or other place for administering or managing a 19
residential park for which site agreements are in force, and is-- 20
(i) open for carrying on the business of the park; or 21
(ii) otherwise open for entry. 22
(2) For subsection (1)(a), the park owner for a residential park is taken to 23
be the occupier of the park, other than for a home owner's premises in the 24
park. 25
s 112 63 s 112
Manufactured Homes (Residential Parks) Bill 2003
(3) For the purpose of asking the occupier of a place for consent to enter, 1
an inspector may, without the occupier's consent or a warrant-- 2
(a) enter land around premises at the place to an extent that is 3
reasonable to contact the occupier; or 4
(b) enter a site at the place to an extent that is reasonable to contact 5
the home owner for the site; or 6
(c) enter part of the place the inspector reasonably considers 7
members of the public ordinarily are allowed to enter when they 8
wish to contact the occupier. 9
(4) For subsection (1)(d), a place does not include a part of the place 10
where a person resides. 11
(5) In this section-- 12
"premises", of a home owner, means the home owner's manufactured 13
home and the site on which it is positioned. 14
Division 2--Procedure for entry 15
112 Entry with consent 16
(1) This section applies if an inspector intends to ask an occupier of a 17
place to consent to the inspector or another inspector entering the place 18
under section 111(1)(a). 19
(2) Before asking for the consent, the inspector must tell the occupier-- 20
(a) the purpose of the entry; and 21
(b) that the occupier is not required to consent. 22
(3) If the consent is given, the inspector may ask the occupier to sign an 23
acknowledgment of the consent. 24
(4) The acknowledgment must state-- 25
(a) the occupier has been told-- 26
(i) the purpose of the entry; and 27
(ii) that the occupier is not required to consent; and 28
(b) the purpose of the entry; and 29
(c) the occupier gives the inspector consent to enter the place and 30
exercise powers under this part; and 31
s 113 64 s 114
Manufactured Homes (Residential Parks) Bill 2003
(d) the time and date the consent was given. 1
(5) If the occupier signs the acknowledgment, the inspector must 2
immediately give a copy to the occupier. 3
(6) If-- 4
(a) an issue arises in a proceeding about whether the occupier 5
consented to the entry; and 6
(b) an acknowledgment complying with subsection (4) for the entry 7
is not produced in evidence; 8
the onus of proof is on the person relying on the lawfulness of the entry to 9
prove the occupier consented. 10
113 Application for warrant 11
(1) An inspector may apply to a magistrate for a warrant for a place. 12
(2) The application must be sworn and state the grounds on which the 13
warrant is sought. 14
(3) The magistrate may refuse to consider the application until the 15
inspector gives the magistrate all the information the magistrate requires 16
about the application in the way the magistrate requires. 17
18
Example--
19
The magistrate may require additional information supporting the application to be
20
given by statutory declaration.
114 Issue of warrant 21
(1) The magistrate may issue a warrant only if the magistrate is satisfied 22
there are reasonable grounds for suspecting-- 23
(a) there is a particular thing or activity (the "evidence") that may 24
provide evidence of an offence against this Act; and 25
(b) the evidence is at the place, or may be at the place within the next 26
7 days. 27
(2) The warrant must state-- 28
(a) that a stated inspector may, with necessary and reasonable help 29
and force-- 30
(i) enter the place and any other place necessary for entry; and 31
s 115 65 s 115
Manufactured Homes (Residential Parks) Bill 2003
(ii) exercise the inspector's powers under this part; and 1
(b) the offence for which the warrant is sought; and 2
(c) the evidence that may be seized under the warrant; and 3
(d) the hours of the day or night when the place may be entered; and 4
(e) the date, within 14 days after the warrant's issue, the warrant 5
ends. 6
115 Warrant--application made other than in person 7
(1) An inspector may apply for a warrant by phone, fax, radio or another 8
form of communication if the inspector considers it necessary because of-- 9
(a) urgent circumstances; or 10
(b) other special circumstances, including, for example, the 11
inspector's remote location. 12
(2) Before applying for the warrant, the inspector must prepare an 13
application stating the grounds on which the warrant is sought. 14
(3) The inspector may apply for the warrant before the application is 15
sworn. 16
(4) After issuing the warrant, the magistrate must immediately fax a 17
copy (a "facsimile warrant") to the inspector if it is reasonably 18
practicable to fax the copy. 19
(5) If it is not reasonably practicable to fax a copy to the inspector-- 20
(a) the magistrate must tell the inspector-- 21
(i) what the terms of the warrant are; and 22
(ii) the date and time the warrant is issued; and 23
(b) the inspector must complete a form of warrant (a "warrant 24
form") and write on it-- 25
(i) the magistrate's name; and 26
(ii) the date and time the magistrate issued the warrant; and 27
(iii) the terms of the warrant. 28
(6) The facsimile warrant, or the warrant form properly completed by the 29
inspector, authorises the entry and the exercise of the other powers stated in 30
the warrant issued. 31
s 116 66 s 116
Manufactured Homes (Residential Parks) Bill 2003
(7) The inspector must, at the first reasonable opportunity, send to the 1
magistrate-- 2
(a) the sworn application; and 3
(b) if the inspector completed a warrant form--the completed 4
warrant form. 5
(8) On receiving the documents, the magistrate must attach them to the 6
warrant. 7
(9) If-- 8
(a) an issue arises in a proceeding about whether an exercise of a 9
power was authorised by a warrant issued under this section; and 10
(b) the warrant is not produced in evidence; 11
the onus of proof is on the person relying on the lawfulness of the exercise 12
of the power to prove a warrant, issued under this section, authorised the 13
exercise of the power. 14
116 Warrant--procedure before entry 15
(1) This section applies if an inspector named in a warrant issued under 16
this part for a place intends to enter the place under the warrant. 17
(2) Before entering the place, the inspector must do or make a reasonable 18
attempt to do the following things-- 19
(a) identify himself or herself to a person present at the place who is 20
an occupier of the place by producing a copy of the inspector's 21
identity card or other document evidencing the inspector's 22
appointment; 23
(b) give the person a copy of the warrant or if the entry is authorised 24
by a facsimile warrant or warrant form mentioned in 25
section 115(6), a copy of the facsimile warrant or warrant form; 26
(c) tell the person the inspector is permitted by the warrant to enter 27
the place; 28
(d) give the person an opportunity to allow the inspector immediate 29
entry to the place without using force. 30
(3) However, the inspector need not comply with subsection (2) if the 31
inspector reasonably believes immediate entry to the place is required to 32
ensure the effective execution of the warrant is not frustrated. 33
s 117 67 s 117
Manufactured Homes (Residential Parks) Bill 2003
Division 3--General powers of inspectors 1
117 General powers after entering place 2
(1) This section applies to an inspector who enters a place. 3
(2) However, if an inspector enters a place to get the occupier's consent 4
to enter a place, this section applies to the inspector only if the consent is 5
given or the entry is otherwise authorised. 6
(3) For monitoring and enforcing compliance with this Act, the inspector 7
may-- 8
(a) search any part of the place; or 9
(b) inspect, measure, test, photograph or film any part of the place or 10
anything at the place; or 11
(c) copy a document at the place; or 12
(d) take into or onto the place any persons, equipment and materials 13
the inspector reasonably requires for exercising a power under 14
this part; or 15
(e) require a person at the place to give the inspector reasonable help 16
to exercise the inspector's powers under paragraphs (a) to (d); or 17
(f) require a person at the place to answer questions by the inspector 18
to help the inspector ascertain whether this Act is being or has 19
been complied with. 20
(4) When making a requirement mentioned in subsection (3)(e) or (f), 21
the inspector must warn the person it is an offence to fail to comply with 22
the requirement, unless the person has a reasonable excuse. 23
(5) A person given a requirement under subsection (3)(e) or (f) must 24
comply with the requirement, unless the person has a reasonable excuse. 25
Maximum penalty--20 penalty units. 26
(6) It is a reasonable excuse for the person to fail to comply with the 27
requirement that complying with the requirement might tend to incriminate 28
the person. 29
(7) A reasonable excuse does not include a matter of mere convenience. 30
s 118 68 s 120
Manufactured Homes (Residential Parks) Bill 2003
118 Power to seize evidence 1
(1) An inspector who enters a place under this part, other than with a 2
warrant, may seize a thing at the place if-- 3
(a) the inspector reasonably believes the thing is evidence of an 4
offence against this Act; and 5
(b) for an entry made with the occupier's consent--seizure of the 6
thing is consistent with the purpose of entry as told to the 7
occupier when asking for the occupier's consent. 8
(2) An inspector who enters a place with a warrant may seize the 9
evidence for which the warrant was issued. 10
(3) The inspector may seize anything else at the place if the inspector 11
reasonably believes-- 12
(a) the thing is evidence of an offence against this Act; and 13
(b) the seizure is necessary to prevent the thing being hidden, lost or 14
destroyed or used to continue or repeat the offence. 15
(4) Also, the inspector may seize a thing at the place if the inspector 16
reasonably believes it has just been used in committing an offence against 17
this Act. 18
119 Receipt for seized thing 19
(1) As soon as practicable after an inspector seizes a thing, the inspector 20
must give a receipt for it to the person from whom it was seized. 21
(2) However, if it is not practicable to comply with subsection (1), the 22
inspector must leave the receipt in a conspicuous position and in a 23
reasonably secure way at the place of seizure. 24
(3) The receipt must describe generally the thing seized and its 25
condition. 26
(4) This section does not apply to a thing if it is impracticable or would 27
be unreasonable to give the receipt required by the section, given the 28
thing's nature, condition and value. 29
120 Return of seized thing 30
(1) This section applies if a thing is seized under this Act. 31
(2) The inspector must return the seized thing to its owner-- 32
s 121 69 s 122
Manufactured Homes (Residential Parks) Bill 2003
(a) at the end of 6 months; or 1
(b) if a proceeding for an offence involving it is started within 2
6 months, at the end of the proceeding and any appeal from the 3
proceeding. 4
(3) Despite subsection (2), the inspector must immediately return the 5
seized thing to its owner if the inspector stops being satisfied its continued 6
retention as evidence is necessary. 7
121 Access to seized thing 8
(1) Until a seized thing is returned or otherwise finally dealt with under 9
this Act, an inspector must allow its owner to inspect it and, if it is a 10
document, to copy it. 11
(2) Subsection (1) does not apply if it is impracticable or would be 12
unreasonable to allow the inspection or copying. 13
Division 4--Other investigative powers 14
122 Power to require production of particular documents 15
(1) An inspector may require a person to make available for inspection 16
by an inspector, or produce to the inspector for inspection, at a reasonable 17
time and place nominated by the inspector-- 18
(a) a document required to be kept by the person under this Act; or 19
(b) a document, other than a document mentioned in paragraph (a), 20
if-- 21
(i) the person has access to the document; and 22
(ii) the document relates, or is related, to an obligation the 23
person has under this Act. 24
(2) A person must comply with a requirement under subsection (1), 25
unless the person has a reasonable excuse. 26
Maximum penalty--20 penalty units. 27
(3) It is a reasonable excuse for the person not to comply with the 28
requirement if complying with the requirement might tend to incriminate 29
the person. 30
(4) The inspector may keep the document to copy it. 31
s 123 70 s 123
Manufactured Homes (Residential Parks) Bill 2003
(5) The inspector must return the document to the person as soon as 1
practicable after copying it. 2
(6) If the inspector copies a document mentioned in subsection (1)(a), or 3
an entry in the document, the inspector may require the person responsible 4
for keeping the document to certify the copy as a true copy of the document 5
or entry. 6
(7) The person must comply with a requirement under subsection (6), 7
unless the person has a reasonable excuse. 8
Maximum penalty--20 penalty units. 9
Division 5--Other enforcement matters 10
123 Inspector to give notice of damage 11
(1) This section applies if-- 12
(a) an inspector damages something when exercising or purporting 13
to exercise a power; or 14
(b) a person (the "other person") acting under the direction of an 15
inspector damages something. 16
(2) The inspector must promptly give notice of particulars of the damage 17
to the person who appears to be the owner of the thing. 18
(3) If the inspector believes the damage was caused by a latent defect in 19
the thing or circumstances beyond the inspector's or other person's control, 20
the inspector may state it in the notice. 21
(4) If it is impracticable to comply with subsection (2), the inspector 22
must leave the notice in a conspicuous position and in a reasonably secure 23
way where the damage happened. 24
(5) This section does not apply to damage the inspector reasonably 25
believes is trivial. 26
(6) In this section-- 27
"owner", of a thing, includes the person in possession or control of it. 28
s 124 71 s 127
Manufactured Homes (Residential Parks) Bill 2003
124 Compensation 1
(1) A person may claim compensation from the State if the person incurs 2
loss or expense because of the exercise or purported exercise of a power 3
under this part. 4
(2) Compensation may be claimed and ordered in a proceeding-- 5
(a) brought in a court with jurisdiction for the recovery of the 6
amount of compensation claimed; or 7
(b) for an offence against this Act brought against the person 8
claiming compensation. 9
(3) A court may order compensation to be paid only if it is satisfied it is 10
just to make the order in the circumstances of the particular case. 11
125 False or misleading statements 12
A person must not state anything to an inspector the person knows is 13
false or misleading in a material particular. 14
Maximum penalty--100 penalty units. 15
126 False or misleading documents 16
(1) A person must not give an inspector a document containing 17
information the person knows is false or misleading in a material 18
particular. 19
Maximum penalty--100 penalty units. 20
(2) Subsection (1) does not apply to a person if the person, when giving 21
the document-- 22
(a) tells the inspector, to the best of the person's ability, how it is 23
false or misleading; and 24
(b) if the person has, or can reasonably obtain, the correct 25
information--gives the correct information. 26
127 Obstructing an inspector 27
(1) A person must not obstruct an inspector in the exercise of a power, 28
unless the person has a reasonable excuse. 29
Maximum penalty--20 penalty units. 30
s 128 72 s 129
Manufactured Homes (Residential Parks) Bill 2003
(2) If a person has obstructed an inspector and the inspector decides to 1
proceed with the exercise of the power, the inspector must warn the person 2
that-- 3
(a) it is an offence to obstruct the inspector, unless the person has a 4
reasonable excuse; and 5
(b) the inspector considers the person's conduct an obstruction. 6
(3) In this section-- 7
"obstruct" includes hinder and attempt to obstruct. 8
128 Impersonation of an inspector 9
A person must not pretend to be an inspector. 10
Maximum penalty--20 penalty units. 11
PART 18--UNDERTAKINGS 12
129 Chief executive may seek undertaking after contravention 13
(1) If the chief executive reasonably believes a person has contravened 14
or been involved in a contravention of this Act, the chief executive may, by 15
notice given to the person-- 16
(a) state the act or omission the chief executive believes is the 17
contravention; and 18
(b) ask the person to give the chief executive a written undertaking 19
that the person will not continue or repeat the act or omission. 20
(2) If-- 21
(a) the person gives the undertaking and, if the contravention is 22
conduct consisting of a series of acts or omissions, the person 23
stops the conduct; and 24
(b) the chief executive accepts the undertaking; 25
the chief executive can not start an offence proceeding against the person 26
for the contravention, unless the chief executive withdraws the undertaking 27
under section 130. 28
s 130 73 s 131
Manufactured Homes (Residential Parks) Bill 2003
130 Variation and withdrawal of undertakings 1
(1) If the chief executive accepts the undertaking, it may be varied or 2
withdrawn at any time by-- 3
(a) the person who gave it, but only if the chief executive agrees to 4
the variation or withdrawal; or 5
(b) the chief executive, if the chief executive reasonably believes-- 6
(i) that, before it was accepted, the person who gave it 7
contravened this Act in a way unknown to the chief 8
executive; and 9
(ii) had the chief executive known about the contravention, the 10
chief executive would not have accepted the undertaking or 11
would not have accepted it unless its terms were changed. 12
(2) The chief executive may also withdraw the undertaking if the chief 13
executive reasonably believes it is no longer necessary. 14
(3) If the chief executive varies or withdraws, or agrees to the variation 15
or withdrawal of, the undertaking, the chief executive must give the person 16
who gave the undertaking notice of its variation or withdrawal. 17
(4) The variation or withdrawal takes effect when the notice is received 18
by the person. 19
131 Enforcement of undertakings 20
(1) If the chief executive reasonably believes a person has contravened a 21
term of an undertaking, the chief executive may apply to the District Court 22
for an order under this section. 23
(2) If the court is satisfied the person has contravened the term, the court 24
may make 1 or more of the following orders-- 25
(a) an order directing the person to comply with the term; 26
(b) an order directing the person to pay to the State an amount that is 27
not more than the direct or indirect financial benefit obtained by 28
the person from, and reasonably attributable to, the 29
contravention; 30
(c) an order directing the person to pay compensation to someone 31
else who has suffered loss or damage because of the 32
contravention; 33
s 132 74 s 133
Manufactured Homes (Residential Parks) Bill 2003
(d) an order directing the person to give a security bond to the State 1
for a stated period; 2
(e) another order the court considers appropriate. 3
(3) The District Court may order the forfeiture to the State of all or part 4
of a security bond given by a person under subsection (2)(d) if-- 5
(a) the chief executive applies to the court for the order; and 6
(b) the court is satisfied the person contravened the undertaking 7
during the period for which the bond was given. 8
132 Register of undertakings 9
(1) The chief executive must keep a register of each undertaking given to 10
the chief executive by a person under this part. 11
(2) The register must contain a copy of the undertaking. 12
(3) A person may, on payment of any fee that may be prescribed under a 13
regulation, inspect, or get a copy of details in, the register-- 14
(a) at the department's head office when it is open to the public; or 15
(b) by using a computer. 16
(4) A person may pay the fee, in advance or in arrears, under an 17
arrangement approved by the chief executive. 18
(5) The register may be kept in any way the chief executive considers 19
appropriate. 20
PART 19--LEGAL PROCEEDINGS 21
Division 1--Evidence 22
133 Application of div 1 23
This division applies to a proceeding under this Act. 24
s 134 75 s 136
Manufactured Homes (Residential Parks) Bill 2003
134 Appointments and authority 1
(1) It is not necessary to prove-- 2
(a) the chief executive's appointment; or 3
(b) an inspector's appointment; or 4
(c) the authority of the chief executive, the director or an inspector to 5
do anything under this Act. 6
(2) Subsection (1) does not apply if reasonable notice is given to the 7
party relying on the appointment or authority that the appointment or 8
authority is to be challenged. 9
135 Evidentiary aids 10
(1) A certificate purporting to be signed by the chief executive or 11
director and stating any of the following matters is evidence of the 12
matter-- 13
(a) on a stated day, a stated person was given a stated notice under 14
this Act; 15
(b) a stated fee or other amount is payable by a stated person to 16
someone else and has not been paid; 17
(c) a matter within the control or knowledge of the chief executive or 18
director and relevant to the proceeding. 19
(2) A certificate signed by the chief executive or director and stating that 20
a stated document is a copy of a financial or other record, contract or 21
document is evidence of the matter. 22
Division 2--Proceedings 23
136 Summary proceedings for offences 24
(1) A proceeding for an offence against this Act is to be taken in a 25
summary way under the Justices Act 1886. 26
(2) The proceeding must start-- 27
(a) within 1 year after the offence is committed; or 28
(b) within 6 months after the offence comes to the complainant's 29
knowledge, but within 2 years after the offence is committed. 30
s 137 76 s 139
Manufactured Homes (Residential Parks) Bill 2003
137 Allegations of false or misleading information or documents 1
In any proceeding for an offence against this Act defined as involving 2
false or misleading information, or a false or misleading document, it is 3
enough for a charge to state that the information or document was, without 4
specifying which, `false or misleading'. 5
138 Responsibility for acts or omissions of representatives 6
(1) Subsections (2) and (3) apply in a proceeding for an offence against 7
this Act. 8
(2) If it is relevant to prove a person's state of mind about a particular act 9
or omission, it is enough to show-- 10
(a) the act was done or omitted to be done by a representative of the 11
person within the scope of the representative's actual or apparent 12
authority; and 13
(b) the representative had the state of mind. 14
(3) An act done or omitted to be done for a person by a representative of 15
the person within the scope of the representative's actual or apparent 16
authority is taken to have been done or omitted to be done also by the 17
person, unless the person proves the person could not, by the exercise of 18
reasonable diligence, have prevented the act or omission. 19
(4) In this section-- 20
"representative" means-- 21
(a) of a corporation--an executive officer, employee or agent of the 22
corporation; or 23
(b) of an individual--an employee or agent of the individual. 24
"state of mind", of a person, includes-- 25
(a) the person's knowledge, intention, opinion, belief or purpose; 26
and 27
(b) the person's reasons for the intention, opinion, belief or purpose. 28
139 Executive officers must ensure corporation complies with Act 29
(1) The executive officers of a corporation must ensure the corporation 30
complies with this Act. 31
s 140 77 s 141
Manufactured Homes (Residential Parks) Bill 2003
(2) If a corporation commits an offence against a provision of this Act, 1
each of the corporation's executive officers also commits an offence, 2
namely, the offence of failing to ensure that the corporation complies with 3
the provision. 4
Maximum penalty--the penalty for the contravention of the provision by 5
an individual. 6
(3) Evidence that the corporation has been convicted of an offence 7
against a provision of this Act is evidence that each of the executive 8
officers committed the offence of failing to ensure that the corporation 9
complies with the provision. 10
(4) However, it is a defence for an executive officer to prove-- 11
(a) if the officer was in a position to influence the conduct of the 12
corporation in relation to the offence, the officer exercised 13
reasonable diligence to ensure the corporation complied with the 14
provision; or 15
(b) the officer was not in a position to influence the conduct of the 16
corporation in relation to the offence. 17
PART 20--GENERAL 18
140 Site agreement dispute 19
If there is a site agreement dispute, either party to the dispute may apply 20
to the tribunal for an order, and the tribunal may make any order it 21
considers appropriate, to resolve the dispute. 22
141 Application to tribunal by group of home owners 23
If a provision of this Act enables a home owner for a residential park to 24
make an application to the tribunal, a group of home owners for the park 25
may make a joint application under the provision arising out of the same or 26
similar facts or circumstances. 27
s 142 78 s 146
Manufactured Homes (Residential Parks) Bill 2003
142 Delegation 1
(1) The chief executive may delegate the chief executive's powers under 2
this Act to an appropriately qualified person. 3
(2) In this section-- 4
"appropriately qualified" includes having the qualifications, experience 5
or standing appropriate to the exercise of the power. 6
7
Example of standing--
8
a person's classification level in the department
143 Protection from liability 9
(1) An official does not incur civil liability for an act done, or omission 10
made, honestly and without negligence under this Act. 11
(2) If subsection (1) prevents civil liability attaching to an official, the 12
liability attaches instead to the State. 13
(3) In this section-- 14
"official" means any of the following-- 15
(a) the chief executive; 16
(b) the director; 17
(c) an inspector. 18
144 Approval of forms 19
The chief executive may approve forms for use under this Act. 20
145 Review of Act 21
(1) The Minister must, within 3 years after the commencement of this 22
section, start a review of this Act to ensure it is adequately meeting 23
community expectations and its provisions remain appropriate. 24
(2) The Minister must, as soon as practicable after the review is finished, 25
table a report of the outcome of the review in the Legislative Assembly. 26
146 Regulation-making power 27
(1) The Governor in Council may make regulations under this Act. 28
s 147 79 s 150
Manufactured Homes (Residential Parks) Bill 2003
(2) A regulation may be made about the following-- 1
(a) fees for this Act; 2
(b) imposing a penalty of not more than 20 penalty units for a 3
contravention of a regulation. 4
PART 21--REPEAL AND TRANSITIONAL PROVISIONS 5
Division 1--Repeal 6
147 Repeal of Mobile Homes Act 1989 7
The Mobile Homes Act 1989 No. 50 is repealed. 8
Division 2--Transitional provisions 9
148 Definitions for div 2 10
In this division-- 11
"commencement" means commencement of this section. 12
"relevant agreement" means a relevant agreement, under the repealed 13
Act, in force immediately before the commencement. 14
"repealed Act" means the Mobile Homes Act 1989. 15
"small claims tribunal" means a small claims tribunal under the Small 16
Claims Tribunals Act 1973. 17
149 Relevant agreement taken to be site agreement 18
A relevant agreement is taken to be a site agreement. 19
150 Park owner to keep records 20
(1) Each owner under the repealed Act must keep copies of any relevant 21
records in the owner's possession or control immediately before the 22
s 151 80 s 151
Manufactured Homes (Residential Parks) Bill 2003
commencement until 1 year after a relevant agreement forming part of the 1
relevant records is terminated. 2
Maximum penalty--20 penalty units. 3
(2) In this section-- 4
"relevant records" means the following-- 5
(a) a relevant agreement; 6
(b) a document relating to a variation in site rent payable under the 7
agreement; 8
(c) a document relating to an assignment of an occupier's interest 9
under the agreement; 10
(d) copies of orders made by a small claims tribunal relating to the 11
agreement. 12
151 Relevant agreement that is not written 13
(1) This section applies to a relevant agreement that is not written. 14
(2) Subject to subsection (3), the parties to the agreement must as soon 15
as practicable after the commencement-- 16
(a) put the agreement into writing, as required under section 25; and 17
(b) sign the agreement. 18
(3) If the parties fail to agree on the terms of the relevant agreement, 19
either party may apply to the tribunal for an order about the matter within 20
3 months after the commencement. 21
(4) In deciding the application, the tribunal may make any of the 22
following orders-- 23
(a) an order that the parties enter into a site agreement on the terms 24
decided by the tribunal; 25
(b) another order the tribunal considers appropriate. 26
(5) If the parties do not comply with subsection (2), section 25 does not 27
apply to the relevant agreement until the later of the following-- 28
(a) the day that is 3 months after the commencement; 29
(b) if an application is made to the tribunal, under subsection (3), 30
about the agreement--the day that is 14 days after the tribunal 31
decides the application. 32
s 152 81 s 154
Manufactured Homes (Residential Parks) Bill 2003
152 References to repealed Act 1
In an Act or document, a reference to the repealed Act may, if the context 2
permits, be taken as a reference to this Act. 3
153 Applications to small claims tribunal 4
(1) If-- 5
(a) a person has made an application to a small claims tribunal under 6
the repealed Act before the commencement; and 7
(b) the application has not been decided before the commencement; 8
the small claims tribunal may decide the application under the repealed Act 9
as if this Act had not commenced. 10
(2) If-- 11
(a) immediately before the commencement a person could have 12
made an application to a small claims tribunal under the repealed 13
Act; and 14
(b) the person has not made the application before the 15
commencement; 16
the person may make the application to a small claims tribunal, and the 17
small claims tribunal may decide the application, under the repealed Act as 18
if this Act had not commenced. 19
(3) For giving effect to a decision under subsection (1) or (2), the small 20
claims tribunal may make the orders the small claims tribunal considers 21
necessary having regard to the provisions of this Act. 22
154 Claim for compensation 23
(1) If a claim for compensation made under section 12J of the repealed 24
Act before the commencement has not been decided on the 25
commencement, the court considering the claim may decide the claim, 26
under section 12J of the repealed Act, as if this Act had not commenced. 27
(2) A person who could have made a claim for compensation under 28
section 12J of the repealed Act as in force immediately before the 29
commencement may make the claim after the commencement and a court 30
to which the claim is made may decide the claim, under section 12J of the 31
repealed Act, as if this Act had not commenced. 32
s 155 82 s 155
Manufactured Homes (Residential Parks) Bill 2003
PART 22--AMENDMENT OF ACTS 1
155 Consequential and other amendments of Acts 2
Schedule 1 amends the Acts mentioned in it. 3
83
Manufactured Homes (Residential Parks) Bill 2003
SCHEDULE 1 1
ACTS AMENDED 2
section 155 3
ANTI-DISCRIMINATION ACT 1991 4
1 Schedule, definition "accommodation", paragraph (f)-- 5
omit, insert-- 6
`(f) a manufactured home, or a site, under the Manufactured Homes 7
(Residential Parks) Act 2003; and'. 8
COMMERCIAL AND CONSUMER TRIBUNAL 9
ACT 2003 10
1 Section 32-- 11
omit, insert-- 12
`32 Application by a group of individuals 13
`(1) This section applies if an empowering Act allows a group of 14
individuals to make a joint application arising out of the same or similar 15
facts or circumstances. 16
`(2) An application made by the group must state-- 17
(a) the name and address of each member of the group; and 18
(b) the name and address for service of the member (the 19
"representative") who, with the written appointment of each of 20
the other members, will-- 21
(i) accept service on behalf of the group; and 22
(ii) represent the group in any proceeding before the tribunal. 23
84
Manufactured Homes (Residential Parks) Bill 2003
SCHEDULE 1 (continued)
`(3) The group must seek the leave of the tribunal if, during the 1
proceeding, the group wants to appoint another member of the group to be 2
the group's representative. 3
`(4) The tribunal may, at any time, require the group to provide evidence 4
of the representative's appointment.'. 5
2 Schedule 2, definition "empowering Act"-- 6
insert-- 7
`· Manufactured Homes (Residential Parks) Act 2003'. 8
DUTIES ACT 2001 9
1 Section 138, heading, `mobile'-- 10
omit, insert-- 11
`manufactured'. 12
2 Section 138(1), `mobile'-- 13
omit, insert-- 14
`manufactured'. 15
3 Section 138(1), `relevant'-- 16
omit, insert-- 17
`site'. 18
4 Section 138(2)-- 19
omit, insert-- 20
`(2) In this section-- 21
85
Manufactured Homes (Residential Parks) Bill 2003
SCHEDULE 1 (continued)
"manufactured home" see the Manufactured Homes (Residential Parks) 1
Act 2003, section 10. 2
"site" see the Manufactured Homes (Residential Parks) Act 2003, 3
section 13.'. 4
5 Section 244(b)-- 5
omit, insert-- 6
`(b) a site agreement.'. 7
6 Schedule 6-- 8
insert-- 9
` "site agreement" see the Manufactured Homes (Residential Parks) Act 10
2003, section 14.'. 11
INTEGRATED PLANNING ACT 1997 12
1 Schedule 8, part 4, item 22, definition "subscriber connection", 13
`mobile'-- 14
omit, insert-- 15
`manufactured'. 16
2 Schedule 8, part 4, item 22-- 17
insert-- 18
` "manufactured home" see the Manufactured Homes (Residential Parks) 19
Act 2003, section 10.'. 20
86
Manufactured Homes (Residential Parks) Bill 2003
SCHEDULE 1 (continued)
LOCAL GOVERNMENT ACT 1993 1
1 Section 854(7), definition "subscriber connection", `mobile'-- 2
omit, insert-- 3
`manufactured'. 4
2 Schedule, definition "detached house", paragraph (c)-- 5
omit, insert-- 6
`(c) a manufactured home.'. 7
3 Schedule-- 8
insert-- 9
` "manufactured home" see the Manufactured Homes (Residential Parks) 10
Act 2003, section 10.'. 11
PROPERTY AGENTS AND MOTOR DEALERS 12
ACT 2000 13
1 Section 160(4)-- 14
insert-- 15
`(c) a person does not act as a real estate agent only because the 16
person sells, or negotiates the sale of, a manufactured home 17
under an authority given to the person under the Manufactured 18
Homes (Residential Parks) Act 2003, section 60.5'. 19
5 Manufactured Homes (Residential Parks) Act 2003, section 60 (Appointing park
owner under selling authority)
87
Manufactured Homes (Residential Parks) Bill 2003
SCHEDULE 1 (continued)
RESIDENTIAL TENANCIES ACT 1994 1
1 Sections 5(2)(b) and 110(4), and schedule 3, definitions "moveable 2
dwelling" and "moveable dwelling premises", `mobile'-- 3
omit, insert-- 4
`manufactured'. 5
2 Section 10, example 7, `Mobile Homes Act 1989'-- 6
omit, insert-- 7
`Manufactured Homes (Residential Parks) Act 2003'. 8
3 Section 25, heading, `Mobile Homes Act'-- 9
omit, insert-- 10
`Manufactured Homes (Residential Parks) Act 2003'. 11
4 Section 25(1), `mobile home'-- 12
omit, insert-- 13
`site'. 14
5 Section 25(4), definition "subsequent agreement", `mobile home 15
occupier'-- 16
omit, insert-- 17
`home owner'. 18
6 Section 104(2), `mobile home occupier'-- 19
omit, insert-- 20
`home owner'. 21
88
Manufactured Homes (Residential Parks) Bill 2003
SCHEDULE 1 (continued)
7 Section 130(2)(d), from `mobile home occupier' to `mobile home 1
agreement'-- 2
omit, insert-- 3
`home owner--because the lessor has an obligation under a site 4
agreement'. 5
8 Schedule 3, definitions "mobile home", "mobile home agreement" 6
and "mobile home occupier"-- 7
omit. 8
9 Schedule 3-- 9
insert-- 10
` "home owner" see the Manufactured Homes (Residential Parks) Act 11
2003, section 8. 12
"manufactured home" see the Manufactured Homes (Residential Parks) 13
Act 2003, section 10. 14
"site agreement" see the Manufactured Homes (Residential Parks) Act 15
2003, section 14.'. 16
RETIREMENT VILLAGES ACT 1999 17
1 Section 5(2), definition "premises", `Mobile Homes Act 1989'-- 18
omit, insert-- 19
`Manufactured Homes (Residential Parks) Act 2003'. 20
89
Manufactured Homes (Residential Parks) Bill 2003
SCHEDULE 1 (continued)
SMALL CLAIMS TRIBUNALS ACT 1973 1
1 Section 4(1), definition "claimant", paragraph (e)-- 2
omit. 3
2 Section 16(1)(c)-- 4
omit. 5
SUCCESSION ACT 1981 6
1 Section 34B(2)-- 7
omit, insert-- 8
`(2) A "building" includes a caravan and a manufactured home.'. 9
2 Section 34B(3)(b)-- 10
omit, insert-- 11
`(b) if the shared home is a caravan--an interest in the caravan; or 12
(c) if the shared home is a manufactured home--an interest in the 13
manufactured home and any interest in a site agreement for the 14
site on which the manufactured home is positioned.'. 15
3 Section 34B-- 16
insert-- 17
`(5) In this section-- 18
"caravan" see the Residential Tenancies Act 1994, section 3A. 19
"manufactured home" see the Manufactured Homes (Residential Parks) 20
Act 2003, section 10. 21
90
Manufactured Homes (Residential Parks) Bill 2003
SCHEDULE 1 (continued)
"site" see the Manufactured Homes (Residential Parks) Act 2003, 1
section 13. 2
"site agreement" see the Manufactured Homes (Residential Parks) Act 3
2003, section 14.'. 4
WORKPLACE HEALTH AND SAFETY ACT 1995 5
1 Schedule 3, definition "building work", `mobile'-- 6
omit, insert-- 7
`manufactured'. 8
2 Schedule 3-- 9
insert-- 10
` "manufactured home" see the Manufactured Homes (Residential Parks) 11
Act 2003, section 10.'. 12
91
Manufactured Homes (Residential Parks) Bill 2003
SCHEDULE 2 1
DICTIONARY 2
section 6 3
"approved form" means a form approved by the chief executive under 4
section 144. 5
"buyer" see section 42(a). 6
"caravan" see the Residential Tenancies Act 1994, section 3A. 7
"change", a park rule for a residential park, means-- 8
(a) make a new park rule for the park; or 9
(b) amend, revoke or replace an existing park rule for the park. 10
"change event day" see section 73(3). 11
"commencement", for part 21, division 2, see section 148. 12
"common areas" means-- 13
(a) generally--the parts of a residential park, other than a home 14
owner's site in the park, that the home owner may use under a 15
site agreement; and 16
(b) in a provision about a residential park--the park's common 17
areas. 18
"communal facilities", in a provision about a residential park, means the 19
park's communal facilities. 20
"destroy" includes threaten to destroy, procure someone else to destroy 21
and attempt to destroy. 22
"director" means the director under the Commercial and Consumer 23
Tribunal Act 2003. 24
"disclosure documents" see section 29(1)(a). 25
"executive officer", of a corporation, means a person who is concerned 26
with, or takes part in, the corporation's management, whether or not 27
the person is a director of the corporation or the person's position is 28
given the name of executive officer. 29
92
Manufactured Homes (Residential Parks) Bill 2003
SCHEDULE 2 (continued)
"facilities" includes furniture and equipment. 1
"facsimile warrant" see section 115(4). 2
"fee", for part 9, division 2, see section 59. 3
"form of assignment" see section 47(1). 4
"fund" see section 54(3). 5
"guest", of a home owner, means a person who enters the home owner's 6
site in a residential park, or the park's common areas, with the home 7
owner's consent. 8
"hinder" includes interfere with. 9
"home owner"-- 10
(a) generally--see section 8; and 11
(b) in a provision about a residential park--means a home owner for 12
the park; and 13
(c) in a provision about a site agreement--means the home owner 14
under the agreement. 15
"home owners committee" means a home owners committee established 16
under section 100. 17
"home owners information document" see section 9. 18
"inspector" means a person who is appointed as an inspector under 19
section 104. 20
"manufactured home" see section 10. 21
"mortgagee in possession" see the Property Law Act 1974, schedule 6. 22
"non-resolution notice", for a change in a park rule for a residential park, 23
see section 80(6). 24
"notice" means written notice. 25
"objection closing day", for a change in a park rule for a residential park, 26
see section 78(1)(a). 27
"objectors", for a change in a park rule for a residential park, see 28
section 80(2). 29
"park liaison committee", for a change in a park rule for a residential 30
park, see section 80(2). 31
93
Manufactured Homes (Residential Parks) Bill 2003
SCHEDULE 2 (continued)
"park manager" means-- 1
(a) generally--a person appointed as the park manager for a 2
residential park under section 75(1); and 3
(b) in a provision about a residential park--the park manager for the 4
park. 5
"park owner"-- 6
(a) generally--see section 11; and 7
(b) in a provision about a residential park--means the park owner 8
for the park; and 9
(c) in a provision about a site agreement--means the park owner 10
under the agreement. 11
"park rules" means-- 12
(a) generally--the rules in force for a residential park under part 13; 13
and 14
(b) in a provision about a residential park--the park rules for the 15
park. 16
"personal effects" includes furniture and goods, but does not include a 17
home owner's manufactured home. 18
"proposal", for a change in a park rule for a residential park, see 19
section 78(1)(a). 20
"prospective home owner", for a site in a residential park, means a person 21
who indicates to the park owner a willingness to enter into a site 22
agreement for the site. 23
"reasonably believes" means believes on grounds that are reasonable in 24
the circumstances. 25
"relevant agreement", for part 21, division 2, see section 148. 26
"repealed Act", for part 21, division 2, see section 148. 27
"residential park"-- 28
(a) generally--see section 12; and 29
(b) in a provision about a site agreement--means the residential park 30
of which the site the subject of the agreement is a part. 31
94
Manufactured Homes (Residential Parks) Bill 2003
SCHEDULE 2 (continued)
"restrict" includes hinder, prevent, obstruct and attempt to restrict. 1
"sale order" see section 52(6)(a). 2
"sell", a manufactured home, includes-- 3
(a) attempt to sell the home; and 4
(b) dispose of the home other than by sale. 5
6
Example for paragraph (b)--
7
a gift of the home
"seller" see section 42. 8
"seller's interest" see section 42(b). 9
"selling authority" see section 60. 10
"site"-- 11
(a) generally--see section 13; and 12
(b) in a provision about a residential park--means a site in the park; 13
and 14
(c) in a provision about a site agreement--means the site the subject 15
of the agreement. 16
"site agreement"-- 17
(a) generally--see section 14; and 18
(b) in a provision about a residential park--means a site agreement 19
for a site in the park. 20
"site agreement dispute" means a dispute between the parties to a site 21
agreement about the parties' rights and obligations under the 22
agreement or this Act. 23
"site rent" means the rent payable under a site agreement. 24
"site rent payment record" see section 65(5)(a). 25
"small claims tribunal", for part 21, division 2, see section 148. 26
"special resolution", at a meeting of the home owners for a residential 27
park, means a resolution passed-- 28
95
Manufactured Homes (Residential Parks) Bill 2003
SCHEDULE 2 (continued)
(a) at the meeting of which the home owners are given by a home 1
owner at least 21 days notice stating the intention to propose the 2
resolution as a special resolution; and 3
(b) by a majority of at least three-quarters of the home owners voting 4
personally at the meeting or by postal ballot. 5
"special terms" see section 21. 6
"standard terms" see section 20. 7
"tenant", of a home owner, means a person renting the home owner's site 8
in a residential park from the home owner under section 97. 9
"termination order" see section 38(1). 10
"termination payment" see section 52(6)(b). 11
"tribunal" means the Commercial and Consumer Tribunal established 12
under the Commercial and Consumer Tribunal Act 2003. 13
"utility" means any of the following services-- 14
(a) electricity; 15
(b) gas; 16
(c) sewerage; 17
(d) water; 18
(e) another service prescribed under a regulation. 19
"utility cost" means a cost, for a utility supplied to or used at a site in a 20
residential park, that the park owner incorporates into the site rent 21
payable under a site agreement for the site, whether or not the cost is 22
separately identified in the agreement. 23
"utility cost notice" see section 73(2). 24
"warrant form" see section 115(5)(b). 25
© State of Queensland 2003
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