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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
RESIDENTIAL TENANCIES
AMENDMENT BILL 1996
Queensland
RESIDENTIAL TENANCIES
AMENDMENT BILL 1996
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Insertion of new ch 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
CHAPTER 10A--APPLICATION OF ACT TO AFFECTED
HOLIDAY LETTING) AGREEMENTS
321A Chapter's purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
321B Act's application to affected (holiday letting) agreements . . . . . . . 5
321C Information statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
321D Additional provisions about rental bonds . . . . . . . . . . . . . . . . . . . . . . 5
321E Duty to pay rental bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
321F Payments above maximum amount . . . . . . . . . . . . . . . . . . . . . . . . . . 6
321G Additional definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
321H References to rental bonds received for affected (holiday
letting) agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
321I Provisions in sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
321J Validation and saving provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
321K Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5 Insertion of new sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
SCHEDULE 1
APPLICATION OF ACT TO AFFECTED (HOLIDAY LETTING)
AGREEMENTS
PART 1--SECTION 43
43 Information statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2
Residential Tenancies Amendment
PART 2--ADDITIONAL PROVISIONS ABOUT RENTAL
BONDS (SECTIONS 56A56E)
Division 1A--Requirements about payment of rental bonds for
affected (holiday letting) agreements
56A Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
56B Renting premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
56C Renting of separate premises in multiple dwelling
complex involving same lessor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
56D Renting of separate premises in multiple dwelling
complex involving different lessors . . . . . . . . . . . . . . . . . . . . . . . . . . 10
56E Appropriate rental bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 3--SECTION 59
59 Duty to pay rental bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 4--SECTION 77
77 Payments above maximum amount . . . . . . . . . . . . . . . . . . . . . . . . . . 13
PART 5--ADDITIONAL DEFINITIONS
1996
A BILL
FOR
An Act to amend the Residential Tenancies Act 1994
s1 4 s4
Residential Tenancies Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Residential Tenancies Amendment Act 3
1996. 4
5
Commencement
Clause 2. This Act is taken to have commenced on 10 August 1996. 6
amended 7
Act
Clause 3. This Act amends the Residential Tenancies Act 1994. 8
of new ch 10A 9
Insertion
Clause 4. After chapter 10-- 10
insert-- 11
`CHAPTER 10A--APPLICATION OF ACT TO 12
AFFECTED (HOLIDAY LETTING) AGREEMENTS 13
purpose 14
`Chapter's
`321A. The purpose of this chapter is, having regard to section 321B, to 15
apply this Act, with the changes provided for in this chapter and schedule 1, 16
to affected (holiday letting) agreements.1 17
1 This term is defined in schedule 1, part 5.
s4 5 s4
Residential Tenancies Amendment
application to affected (holiday letting) agreements 1
`Act's
`321B. Section 21(1)2 does not apply to an affected (holiday letting) 2
agreement for the following purposes-- 3
(a) setting requirements about the giving of an information statement 4
to the tenant; 5
(b) setting requirements about the payment of a rental bond for the 6
agreement; 7
(c) setting the maximum amount of rental bond payable for the 8
agreement; 9
(d) if a rental bond is paid for the agreement--dealing with the rental 10
bond; 11
(e) if a dispute arises between the parties to the agreement about a 12
rental bond, or part of a rental bond, paid for the 13
agreement--resolving the dispute. 14
statement 15
`Information
`321C. Section 433 applies as if subsections (1) and (4) were omitted and 16
the provisions set out in schedule 1, part 1 inserted. 17
provisions about rental bonds 18
`Additional
`321D. This Act applies as if the division set out in schedule 1, part 2 19
were inserted in chapter 2, part 3, before division 1. 20
to pay rental bonds 21
`Duty
`321E. Section 594 applies as if the provisions set out in schedule 1, 22
part 3 were added. 23
2 Section 21 (Premises used for holidays)
3 Section 43 (Information statement)
4 Section 59 (Duty to pay rental bond)
s4 6 s4
Residential Tenancies Amendment
above maximum amount 1
`Payments
`321F. Section 775 applies as if-- 2
(a) subsection (1) were omitted and the provisions set out in 3
schedule 1, part 4 (numbered (1) and (1A)) inserted; and 4
(b) the provision set out in schedule 1, part 4 (numbered (4)) were 5
added. 6
definitions 7
`Additional
`321G. This Act applies as if the definitions set out in schedule 1, part 5 8
were inserted in the dictionary in schedule 3. 9
to rental bonds received for affected (holiday letting) 10
`References
agreements 11
`321H.(1) This section applies to an affected (holiday letting) agreement 12
if there is a dispute between the parties to the agreement about part of a 13
rental bond paid for the agreement. 14
`(2) In the application of this Act to the agreement, a reference to the 15
rental bond paid for the agreement is taken to include a reference to the 16
amount representing the disputed part of the rental bond. 17
in sch 1 18
`Provisions
`321I.(1) Words appearing in schedule 1 in italic script do not form part 19
of the schedule, but are included for completeness with a view to helping 20
the reader. 21
`(2) Despite subsection (1), the following do form part of schedule 1-- 22
(a) the division heading in schedule 1, part 2; 23
(b) a reference in schedule 1 to the short title of an Act. 24
`(3) A reprint of this Act produced under the Reprints Act 1992 may 25
include a provision set out in schedule 1 in a form that represents the 26
provision as amended from time to time. 27
5 Section 77 (Payments above maximum amount)
s5 7 s5
Residential Tenancies Amendment
and saving provisions 1
`Validation
`321J.(1) To remove doubt, it is declared that the Residential Tenancies 2
Amendment Regulation (No. 1) 1996 is, and always was, validly made 3
under this Act. 4
`(2) Subsection (3) applies for things done, or required to be done, before 5
the enactment of the Residential Tenancies Amendment Act 1996. 6
`(3) For this Act, anything done, or required to be done, under this Act as 7
applied or affected by the regulation is taken for all purposes to have been 8
done, or required to be done, under this Act. 9
`(4) In this section-- 10
"regulation" means the Residential Tenancies Regulation 1995, part 2 11
(other than sections 6 and 8) and schedule 1, as in force on and from 12
10 August 1996 because of the Residential Tenancies Amendment 13
Regulation (No. 1) 1996. 14
15
`Expiry
`321K. This chapter and schedule 1 expire on 31 December 1997.'. 16
of new sch 1 17
Insertion
Clause 5. After section 339-- 18
insert-- 19
s5 8 s5
Residential Tenancies Amendment
`SCHEDULE 1 1
PPLICATION OF ACT TO AFFECTED (HOLIDAY 2
`A
LETTING) AGREEMENTS 3
sections 321C to 321G 4
ART 1--SECTION 43 5
`P
statement 6
`Information
`43.(1) This section applies to a lessor only if-- 7
(a) the agreement is an agreement for which at least some of its 8
terms are required to be in writing; or 9
(b) the agreement is an affected (holiday letting) agreement for which 10
a rental bond is required to be paid. 11
`(2) The lessor must give to the tenant, as required by this section, a 12
statement in the approved form containing information for the benefit of the 13
tenant. 14
Maximum penalty--10 penalty units. 15
`(3) Without limiting subsection (2), the information may be about-- 16
(a) the duties and entitlements of the lessor and tenant; and 17
(b) the procedures for resolving disputes under the agreement 18
(including mediation processes); and 19
(c) entities to which issues about the agreement may be referred. 20
`(4) The statement must be given to the tenant-- 21
(a) for an agreement mentioned in subsection (1)(a)--when a copy 22
of the signed agreement is given to the tenant; or 23
(b) for an agreement mentioned in subsection (1)(b)--when the 24
rental bond is paid. 25
s5 9 s5
Residential Tenancies Amendment
ART 2--ADDITIONAL PROVISIONS ABOUT 1
`P
RENTAL BONDS (SECTIONS 56A56E) 2
1A--Requirements about payment of rental bonds for affected 3
`Division
(holiday letting) agreements 4
of division 5
`Application
`56A.(1) This division applies only to affected (holiday letting) 6
agreements. 7
`(2) This division applies only to a rental bond paid, or requirement to 8
pay a rental bond made, on or after 10 August 1996 (whether the agreement 9
to which the rental bond or requirement relates is entered into before, or on 10
or after, that date). 11
premises 12
`Renting
`56B.(1) This section applies if a rental bond is paid, or required to be 13
paid, for an agreement. 14
`(2) If the entering into of the agreement by the lessor was not arranged 15
by an agent of the lessor, the lessor must not enter into another agreement 16
for the premises unless an appropriate rental bond 6 is paid, or required to be 17
paid, for the other agreement. 18
Maximum penalty--20 penalty units. 19
`(3) If an agent of the lessor arranged for the lessor to enter into the 20
agreement, the agent must not arrange for the lessor to enter into another 21
agreement for the premises unless an appropriate rental bond is paid, or 22
required to be paid, for the other agreement. 23
Maximum penalty for subsection (3)--20 penalty units. 24
6 The meaning of this term is dealt with in section 56E (Appropriate rental bond).
s5 10 s5
Residential Tenancies Amendment
of separate premises in multiple dwelling complex involving 1
`Renting
same lessor 2
`56C.(1) This section applies if-- 3
(a) a person is the lessor under an agreement for premises situated in 4
a multiple dwelling complex; and 5
(b) a rental bond is paid, or required to be paid, for the agreement. 6
`(2) If the entering into of the agreement by the person was not arranged 7
by an agent of the person, the person must not enter into an agreement as 8
lessor for other premises in the complex unless an appropriate rental bond7 9
is paid, or required to be paid, for the agreement for the other premises. 10
Maximum penalty--20 penalty units. 11
`(3) If an agent of the person arranged for the person to enter into the 12
agreement, the agent must not arrange for the person to enter into an 13
agreement as lessor for other premises in the complex unless an appropriate 14
rental bond is paid, or required to be paid, for the agreement for the other 15
premises. 16
Maximum penalty for subsection (3)--20 penalty units. 17
of separate premises in multiple dwelling complex involving 18
`Renting
different lessors 19
`56D.(1) This section applies if-- 20
(a) an agent of a person arranges for the person to enter into an 21
agreement as lessor for premises situated in a multiple dwelling 22
complex; and 23
(b) a rental bond is paid, or required to be paid, for the agreement. 24
`(2) The agent must not arrange for another person to enter into an 25
agreement as lessor for other premises in the complex unless an appropriate 26
7 The meaning of this term is dealt with in section 56E (Appropriate rental bond).
s5 11 s5
Residential Tenancies Amendment
rental bond8 is paid, or required to be paid, for the agreement for the other 1
premises. 2
Maximum penalty--20 penalty units. 3
rental bond 4
`Appropriate
`56E.(1) This section applies to a reference in section 56B(2) or (3), 5
56C(2) or (3) or 56D(2) to an appropriate rental bond paid, or required to be 6
paid, for an agreement (a "subsequent agreement") following the entering 7
into of another agreement (the "initial agreement"). 8
`(2) The reference is a reference to a rental bond of an amount that is the 9
lesser of the following amounts-- 10
(a) $1 000; 11
(b) an amount that bears the same proportion to the referable rent for 12
the subsequent agreement as the rental bond paid, or required to 13
be paid, for the initial agreement bears to the referable rent for the 14
initial agreement. 15
`(3) In subsection (2)-- 16
"referable rent" for an agreement means-- 17
(a) if the term of the agreement is at least 1 week--the rent payable 18
under the agreement for 1 week; or 19
(b) if the term of the agreement is less than 1 week--the rent payable 20
under the agreement. 21
ART 3--SECTION 59 22
`P
to pay rental bond 23
`Duty
`59.(1) A person receiving a rental bond must, within 10 days of 24
receiving it-- 25
8 The meaning of this term is dealt with in section 56E (Appropriate rental bond).
s5 12 s5
Residential Tenancies Amendment
(a) pay it to the authority; and 1
(b) give the authority a notice, in the approved form, about the rental 2
bond. 3
Maximum penalty--40 penalty units. 4
`(2) Subsection (1) does not apply to a person to whom section 59A 5
applies. 6
`(3) Subsection (1) does not apply to a rental bond received for an 7
affected (holiday letting) agreement. 8
`(4) A person (the "accountable person") who receives a rental bond, 9
or a tenant by or for whom a rental bond is paid, for an affected (holiday 10
letting) agreement, may, within 14 days after the term of the agreement 11
ends-- 12
(a) give the authority a notice in the approved form (a "bond 13
dispute notice") informing the authority of a dispute about the 14
rental bond or a part of the rental bond; and 15
(b) give a copy of the notice to the other person. 16
`(5) If the accountable person gives a bond dispute notice to the authority, 17
or receives a copy of a bond dispute notice from the tenant, under 18
subsection (4), the person must, at or within the time mentioned in 19
subsection (6)-- 20
(a) if the dispute is about the entire rental bond--pay the rental bond 21
to the authority; or 22
(b) if the dispute is about part of the rental bond-- 23
(i) pay the disputed amount to the authority; and 24
(ii) pay the balance of the rental bond to the tenant. 25
Maximum penalty--20 penalty units. 26
`(6) An amount required to be paid under subsection (5) must be paid-- 27
(a) if the amount is required to be paid to the authority and a bond 28
dispute notice is given to the authority by the accountable 29
person--when the notice is given; and 30
(b) in any other case--within 3 days after the accountable person 31
gives a bond dispute notice to the authority, or receives a copy of 32
s5 13 s5
Residential Tenancies Amendment
a bond dispute notice from the tenant. 1
`(7) Subsection (4) applies only to a dispute that arises on or after 2
10 August 1996 (whether the agreement is entered into, or the rental bond is 3
paid, before, or on or after, that date). 4
ART 4--SECTION 77 5
`P
ayments above maximum amount 6
`P
`77.(1) A person must not require payment of, or accept, a rental bond 7
more than, or amounts as rental bond totalling more than-- 8
(a) if paragraph (b) does not apply-- 9
(i) for an affected (holiday letting) agreement--the amount 10
fixed under subsection (1A); or 11
(ii) for another agreement--the maximum rental bond for the 12
agreement; or 13
(b) if the lessor is the tenant's employer and gives the tenant a rental 14
subsidy--the amount fixed under subsection (2). 15
Maximum penalty--20 penalty units. 16
`(1A) For subsection (1)(a)(i), the amount is the lesser of the following 17
amounts-- 18
(a) $1 000; 19
(b) an amount equal to-- 20
(i) if the term of the agreement is at least 1 week--the rent 21
payable under the agreement for 1 week; or 22
(ii) if the term of the agreement is less than 1 week--the rent 23
payable under the agreement. 24
`(2) For subsection (1)(b), the amount is the greater of the following 25
amounts-- 26
(a) $400; or 27
s5 14 s5
Residential Tenancies Amendment
(b) the amount equal to the rent payable under the agreement for the 1
period of-- 2
(i) for moveable dwelling premises--2 weeks; or 3
(ii) for other premises--4 weeks. 4
`(3) Subsection (1) does not apply if the weekly rent under the agreement 5
is more than-- 6
(a) the amount prescribed under the regulations; or 7
(b) if an amount is not prescribed--$300. 8
`(4) Subsection (3) does not apply to an affected (holiday letting) 9
agreement. 10
ART 5--ADDITIONAL DEFINITIONS 11
`P
` "affected accommodation period", for an affected area, for a year, 12
means-- 13
(a) the period of 4 weeks starting on the 16th day of September in the 14
year; or 15
(b) the period of 4 weeks starting on the 16th day of November in the 16
year; 17
and, for the affected area of the City of Gold Coast, for a year, includes 18
the period starting 9 days before the Indy car race day for the year and 19
ending on that day. 20
"affected area" means each of the following local government areas-- 21
(a) City of Cairns; 22
(b) City of Caloundra; 23
(c) City of Gold Coast; 24
(d) Shire of Maroochy; 25
(e) Shire of Noosa; 26
(f) Shire of Whitsunday. 27
s5 15 s5
Residential Tenancies Amendment
"affected (holiday letting) agreement" means a residential tenancy 1
agreement-- 2
(a) for which the right of occupancy of the premises is given for 3
holiday purposes; and 4
(b) that is for premises in an affected area; and 5
(c) for which the period of occupancy is-- 6
(i) an affected accommodation period for the affected area; or 7
(ii) a period that includes an affected accommodation period, or 8
part of an affected accommodation period, for the affected 9
area. 10
"appropriate rental bond", for sections 56B, 56C and 56D, see 11
section 56E. 12
"Indy car race day", for a year, means the last full day of the period that is 13
the declared period for the year for the Indy Car Grand Prix Act 14
1990.'. 15
16
17
© State of Queensland 1996
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