RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SCHEDULE 2

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SCHEDULE 2

SCHEDULE 2 – Dictionary

"abandonment termination notice" see section 355 (1) .


"affordable housing scheme" means NRAS or a scheme under which the Commonwealth, the State, a local government or a non-profit corporation provides accommodation assistance, other than—

(a) as approved supported accommodation; or

(b) under a subletting mentioned in section 38 .

(a) of a lessor, means a person employed, or otherwise authorised, by the lessor to act as the lessor’s agent; or

(b) of a provider, means a person employed, or otherwise authorised, by the provider to act as the provider’s agent.

(a) the program known as the ‘Crisis Accommodation Program’, or, if the program is continued under another name, the program as continued under the other name; or

(b) the program known as the ‘Supported Accommodation Assistance Program’, or, if the program is continued under another name, the program as continued under the other name.

(a) for payment of rent by a tenant, see section 83 (4) ; or

(b) for payment of rent by a resident, see section 98 (4) .

(a) for a notice to leave, see section 284 (4) ; or

(b) for a notice of intention to leave, see section 305 (4) .

(a) for residential premises and inclusions, means a report describing the physical condition of the premises and inclusions; or

(b) for a room in rental premises and the facilities in the room, means a report describing the physical condition of the room and facilities.

(a) for a notice to leave—see section 290F (3) ; or

(b) for a notice of intention to leave—see section 307C (3) .

(a) if the corporation is the Commonwealth or a State—a chief executive of a department or a person who is concerned with, or takes part in, the management of a department, whatever the person’s position is called; or

(b) if the corporation is a local government—

(i) the local government’s chief executive officer; or

(ii) a person who is concerned with, or takes part in, the local government’s management, whatever the person’s position is called; or

(c) if paragraphs (a) and (b) do not apply—a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

(a) for a residential tenancy, means a residential tenancy agreement for a residential tenancy for a fixed term; or

(b) for rooming accommodation, means a rooming accommodation agreement under which accommodation is provided to a resident for a fixed term.

Note—

See sections 326 (3) and 327 (2) for limitations on handover days.

(a) has been installed or approved by a supply authority; and

(b) measures, for the premises only, the quantity of something supplied to, or used at, the premises under a service or facility made available by the authority.

(a) section 128 (3) ;

(b) section 129 (3) ;

(c) section 132 (5) ;

(d) section 133 (3) ;

(e) section 134 (3) ;

(f) section 135 (2) or (3) ;

(g) section 135C (3) ;

(h) section 135D (3) .

Note—

See also section 143 .

(a) generally†” sections 8 and 20 ; and

(b) for chapter 9 †” section 457A .

(a) for a residential tenancy agreement, see section 112 (1) ; or

(b) for a rooming accommodation agreement, see section 112 (2) .

(a) for a residential tenancy agreement—see section 312A (2) ; or

(b) for a rooming accommodation agreement—see section 381J (2) .

(a) for a moveable dwelling that is a caravan—the dwelling or its site, or both the dwelling and site; or

(b) for a moveable dwelling that is a manufactured home in, or intended to be situated in, a moveable dwelling park—the dwelling or its site, or both the dwelling and site.

(a) for a notice to leave, see section 282 (2) ; or

(b) for a notice of intention to leave, see section 304 (2) .

(a) for a notice to leave, see sections 284 (3) and 285 (5) ; or

(b) for a notice of intention to leave, see sections 305 (3) and 306 (5) .

(a) the chief executive officer;

(b) an employee of the employing office or of another government entity performing work for the authority under a work performance arrangement;

(c) an employee of the authority, whether or not there is a written contract of employment between the authority and the employee;

(d) an individual performing services for the authority—

(i) under a contract, other than a contract of employment, between the individual and the authority; or

(ii) under an arrangement, other than a work performance arrangement, between the authority and a person other than the individual.

(a) for a tenancy dispute—the lessor or tenant; or

(b) for a rooming accommodation dispute—the provider or resident.

(a) for a residential tenancy—means a residential tenancy agreement that is not a fixed term agreement; or

(b) for rooming accommodation—means a rooming accommodation agreement that is not a fixed term agreement.

(a) help in—

(i) bathing, toileting or another activity related to personal hygiene; or

(ii) dressing or undressing; or

(iii) consuming a meal; or

(iv) meeting a mobility problem of the resident; or

(v) taking medication; or

(b) help in managing the resident’s financial affairs.

Examples—

passport, birth certificate, marriage certificate, photograph

(a) for a residential tenancy agreement—see section 184A ; or

(b) for a rooming accommodation agreement—see section 256A .

(a) means the person’s spouse, child, grandchild, great-grandchild, parent, grandparent, great-grandparent, brother, sister, uncle, aunt, cousin, niece, nephew, parent-in-law, daughter-in-law, son-in-law, sister-in-law or brother-in-law; and

(b) for an Aboriginal person—includes a person who, under Aboriginal tradition, is regarded as a relative of the Aboriginal person; and

(c) for a Torres Strait Islander person—includes a person who, under Island custom, is regarded as a relative of the Torres Strait Islander person.

(a) an amount payable by a tenant under a residential tenancy agreement for the right to occupy residential premises as a residence; or

(b) an amount payable by a resident under a rooming accommodation agreement for the provision of accommodation and any other service provided under the agreement.

(a) for a residential tenancy agreement, see section 117 (1) (c) ; or

(b) for a rooming accommodation agreement, see section 118 (1) .

(a) under which the buyer agrees to buy, or after the buyer has bought, a part interest (a
"share" ) in the premises; and

(b) under which the State gives the buyer the right to occupy the premises; and

(c) under which the buyer is required to make payments to the State and—

(i) if the buyer is buying a share—the payments are divided by the State between the amount owing for the purchase of the share and rent for the right to occupy the premises; or

(ii) if the buyer has bought a share and is not buying a further share—the payments are payments of rent for the right to occupy the premises.

(a) for a residential tenancy agreement, see section 88 (5) (a) ; or

(b) for a rooming accommodation agreement, see section 102 (5) (a) .

(a) if the person is a corporation—an executive officer, employee or agent of the corporation; or

(b) if the person is an individual—an employee or agent of the individual.

(a) for a residential tenancy agreement, see section 200 ; or

(b) for a rooming accommodation agreement, see section 263 .

(a) a State school within the meaning of the Education (General Provisions) Act 2006 ; or

(b) an accredited school under the Education (Accreditation of Non-State Schools) Act 2017 .

(a) for a lessor—the agent appointed to sell the lessor’s premises; or

(b) for a provider—the agent appointed to sell the provider’s premises.

(a) of a residential tenancy agreement, see section 56 ; or

(b) of a rooming accommodation agreement, see section 74 .

(a) of a residential tenancy agreement, see section 55 (2) ; or

(b) of a rooming accommodation agreement, see section 73 (2) .

(a) the person’s knowledge, intention, opinion, belief or purpose; and

(b) the person’s reasons for the intention, opinion, belief or purpose.

(a) generally†” sections 13 and 20 ; and

(b) for chapter 9 †” section 457A .

(a) for a notice to leave, see section 281 (2) ; or

(b) for a notice of intention to leave, see section 302 (2) .

(a) for a residential tenancy agreement—see section 184A ; or

(b) for a rooming accommodation agreement—see section 256A .