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TASMANIA
__________
RESIDENTIAL TENANCY AMENDMENT BILL
2005
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 RESIDENTIAL TENANCY ACT 1997 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 25 substituted
25. Security deposits
6. Section 26 amended (Condition report)
7. Sections 27, 28 and 29 substituted
27. Claim form for disbursement of security deposit
28. Provision of claim form, &c., on termination of
tenancy
29. Claims for disbursement of security deposit
generally
29A. Claim where all parties agree
29B. Claim by tenant
29C. Claim by owner
29D. Claim by deposit contributor
29E. Disbursements of security deposits
29F. Lodging disputes
29G. Determining disputes
8. Section 30 amended (Appeal against determination)
[Bill 83]-X
9. Section 30A inserted
30A. Unclaimed security deposit forfeited
10. Part 4B inserted
PART 4B Rental Deposit Authority
48K. Rental Deposit Authority
48L. Constitution of Authority
48M. Functions of Authority
48N. Powers of Authority
48O. Staff of Authority
48P. Assistance and facilities
48Q. Funds of Authority
48R. Account in Special Deposits and Trust Fund
48S. Accounts and financial statements of authority
48T. Delegation
11. Section 65 amended (Regulations)
12. Section 66 amended (Regulations of savings and transitional
nature)
13. Section 68 inserted
68. Transitional and savings provisions consequent on
Residential Tenancy Amendment Act 2005
14. Schedule 3 inserted
SCHEDULE 3 TRANSITIONAL AND SAVINGS
PROVISIONS CONSEQUENT ON
RESIDENTIAL TENANCY AMENDMENT ACT
2005
PART 3 FAMILY VIOLENCE ACT 2004 AMENDED
15. Principal Act
16. Section 17 amended (Issue of replacement residential tenancy
agreement)
2
RESIDENTIAL TENANCY AMENDMENT BILL
2005
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend the Residential Tenancy Act 1997 and
consequentially amend the Family Violence Act 2004
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Residential
Tenancy Amendment Act 2005.
2. Commencement
This Act commences on a day to be proclaimed.
[Bill 83] 3
s. 3 No. Residential Tenancy Amendment 2005
PART 2 RESIDENTIAL TENANCY ACT 1997
AMENDED
3. Principal Act
In this Part, the Residential Tenancy Act 1997*
is referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by omitting the definition of "agent" and
substituting the following definitions:
"agent" means
(a) in relation to an owner, a
person authorised by the
owner to act on behalf of
the owner in any matter to
which this Act relates; or
(b) in relation to a tenant, a
person authorised by the
tenant to act on behalf of
the tenant in any matter to
which this Act relates;
"Authority" means the Rental
Deposit Authority established
under section 48K;
*No. 82 of 1997
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2005 Residential Tenancy Amendment No. s. 4
(b) by inserting the following definition after
the definition of "boarding premises":
"claim form" means a form
containing the information
specified in section 27;
(c) by inserting the following definition after
the definition of "Court":
"deposit contributor" means a person
or organisation, whether public or
private, that
(a) is prescribed by the
regulations for the
purposes of this
definition; and
(b) has paid to the Authority
the whole or any part of a
security deposit;
(d) by omitting "section 28" from the
definition of "dispute" and substituting
"section 29F";
(e) by omitting "Commonwealth." from the
definition of "tertiary student" and
substituting "Commonwealth;";
(f) by inserting the following definition after
the definition of "tertiary student":
"working day" means a weekday that
is not a statutory holiday, within
the meaning of the Statutory
Holidays Act 2000, in the area in
which the residential premises to
5
s. 5 No. Residential Tenancy Amendment 2005
which the residential tenancy
agreement relates are situated.
5. Section 25 substituted
Section 25 of the Principal Act is repealed and
the following section is substituted:
25. Security deposits
(1) Except in the case of boarding premises,
an owner may require that an amount be
paid by or on behalf of the prospective
tenant as security for the performance of
obligations under a residential tenancy
agreement.
(2) A security deposit must be paid
(a) to the Authority; or
(b) if the residential premises are
managed on the owner's behalf
by a property agent, within the
meaning of the Property Agents
and Land Transactions Act 2005,
to the Authority or that property
agent.
(3) A property agent who receives a security
deposit from a tenant under
subsection (2)(b) must deposit that
money with the Authority within 3
working days after receiving it.
Penalty: Fine not exceeding 50 penalty
units.
(4) An owner must not
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2005 Residential Tenancy Amendment No. s. 6
(a) receive a security deposit from or
on behalf of a tenant in relation to
a residential tenancy agreement;
or
(b) require more than one security
deposit to be paid in relation to
the same residential tenancy
agreement; or
(c) require an amount to be paid as a
security deposit that exceeds 4
weeks' rent payable under the
residential tenancy agreement.
Penalty: Fine not exceeding 50 penalty
units.
(5) If a court finds a property agent or an
owner guilty of contravening
subsection (3) or (4)(a), the court, instead
of or in addition to any penalty it may
impose in respect of that contravention,
may order the property agent or owner to
pay an amount received as security
deposit to the Authority within 3 working
days.
6. Section 26 amended (Condition report)
Section 26(1) of the Principal Act is amended as
follows:
(a) by omitting "a prospective tenant to
pay";
7
s. 7 No. Residential Tenancy Amendment 2005
(b) by omitting "premises," and substituting
"premises to be paid by or on behalf of a
prospective tenant,".
7. Sections 27, 28 and 29 substituted
Sections 27, 28 and 29 of the Principal Act are
repealed and the following sections are
substituted:
27. Claim form for disbursement of security
deposit
A claim form for the disbursement of a
security deposit is to state
(a) whether, after taking into account
any non-performance of the
residential tenancy agreement by
the tenant, it is considered that
the owner is entitled to a
disbursement of any of the
security deposit by the Authority;
and
(b) if it is considered that the owner
is so entitled to a disbursement,
the amount that it is considered
should be disbursed to him or her
or an estimate of the date on
which it is expected that the
amount will be determined; and
(c) if known, the names and contact
details of the parties to the
residential tenancy agreement and
any deposit contributor; and
8
2005 Residential Tenancy Amendment No. s. 7
(d) the rights of the tenant, deposit
contributor or owner to lodge a
dispute with the Commissioner
under section 29F; and
(e) the address of the Commissioner;
and
(f) any prescribed information.
28. Provision of claim form, &c., on termination
of tenancy
On termination of a residential tenancy
agreement, the owner must
(a) give to the tenant, not more than
3 working days after the
termination of the residential
tenancy agreement, a claim form
signed by the owner; and
(b) if the claim form specifies that it
is considered that the owner is
entitled to a disbursement, give to
the tenant a notice that states the
reasons why.
29. Claims for disbursement of security deposit
generally
Following the termination of a residential
tenancy agreement, the following persons
are entitled to make a claim to the
Authority for the disbursement of a
security deposit in accordance with this
Act:
(a) the tenant under section 29A or
29B;
9
s. 7 No. Residential Tenancy Amendment 2005
(b) the owner under section 29A or
29C;
(c) the deposit contributor under
section 29A or 29D.
29A. Claim where all parties agree
(1) If the owner, all tenants and all deposit
contributors agree with the claim form
and endorse the claim form to that effect,
any of those persons may lodge the claim
form with the Authority.
(2) On receipt of a claim form lodged under
subsection (1), the Authority is to
(a) disburse to the owner from the
security deposit the amount
specified in the claim form or
later determined; and
(b) disburse the remainder of the
security deposit, if any, to the
tenants and the deposit
contributors in accordance with
section 29E.
29B. Claim by tenant
(1) The tenant may lodge with the Authority
a claim form following the end of a
residential tenancy agreement if
(a) the tenant has received the claim
form from the owner under
section 28 and has endorsed it
with his or her agreement; or
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2005 Residential Tenancy Amendment No. s. 7
(b) the owner has failed to so provide
a claim form.
(2) On receipt of a claim form under
subsection (1), the Authority is to take all
reasonable steps to provide a copy of the
claim form to each owner, tenant and
deposit contributor who has not endorsed
the claim form with his or her agreement
to it.
(3) If no dispute is lodged under section 29F,
the Authority is to
(a) disburse to the owner from the
security deposit any amount
specified in the claim form or
later determined; and
(b) disburse the remainder of the
security deposit, if any, to the
tenants and the deposit
contributors in accordance with
section 29E.
29C. Claim by owner
(1) The owner may lodge a claim form with
the Authority
(a) if
(i) the owner has given a
claim form to a tenant
under section 28; and
(ii) the tenant has not lodged
that form with the
Authority within 10 days
after it was so given or a
11
s. 7 No. Residential Tenancy Amendment 2005
longer prescribed period;
and
(iii) the deposit contributor
has not lodged a claim
form with the Authority;
or
(b) if
(i) the owner has been unable
to give the claim form to
any tenant under
section 28 after taking all
reasonable steps to do so;
and
(ii) the deposit contributor
has not lodged a claim
form with the Authority.
(2) On receipt of a claim form under
subsection (1)
(a) the Authority is to refer the
matter to the Commissioner; and
(b) the referral is taken to be a
dispute lodged under section 29F
and this Act applies to the referral
with such modifications as are
necessary for that purpose.
29D. Claim by deposit contributor
(1) A deposit contributor may lodge a claim
form with the Authority if
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2005 Residential Tenancy Amendment No. s. 7
(a) the contributor is aware that the
residential tenancy agreement has
been terminated; and
(b) the tenant has not lodged a claim
form with the Authority within 10
days after it was given to him or
her by the owner or a longer
prescribed period; and
(c) the owner has not lodged a claim
form with the Authority.
(2) On receipt of a claim form under
subsection (1), the Authority is to take all
reasonable steps to provide a copy of the
claim form to each owner, tenant and
other deposit contributor.
(3) If no dispute is lodged under section 29F,
the Authority is to
(a) disburse to the owner from the
security deposit the amount
specified in the claim form or
later determined; and
(b) disburse the remainder of the
security deposit, if any, to the
tenants and the deposit
contributors in accordance with
section 29E.
29E. Disbursements of security deposits
(1) In this section
"deposit contributor's portion"
means the amount that would be
paid to a deposit contributor
13
s. 7 No. Residential Tenancy Amendment 2005
under subsection (2)(b) if no
disbursement were to be made to
the owner;
"tenant's portion" means the amount
that would be paid to a tenant
under subsection (2)(a) if no
disbursement were to be made to
the owner.
(2) If no part of a security deposit is to be
disbursed to the owner
(a) that part of the security deposit
paid to the Authority by the
tenant is to be disbursed to the
tenant; and
(b) that part of the security deposit
paid to the Authority by a deposit
contributor is to be disbursed to
the deposit contributor.
(3) In a case where any part of the security
deposit is to be disbursed to the owner
(a) the Authority
(i) is to subtract the amount
to be disbursed to the
owner firstly from the
tenant's portion; and
(ii) if there is insufficient
money in the tenant's
portion to fully meet that
disbursement, is to then
subtract from the deposit
contributor's portion any
part of that disbursement
14
2005 Residential Tenancy Amendment No. s. 7
that has not been met
from the tenant's portion;
and
(b) if there is money remaining in
either the tenant's portion or
deposit contributor's portion after
meeting the disbursement to the
owner as specified in
paragraph (a), the Authority is to
pay that remainder to the tenant
or contributor, as appropriate.
(4) The Authority must not disburse the
security deposit after a dispute is lodged
under section 29F until
(a) if an appeal is instituted under
section 30, that appeal is decided;
or
(b) if no appeal is instituted under
that section, the period allowed
for instituting the appeal has
elapsed.
(5) Interest earned with respect to any
security deposit held by the Authority is
the property of the Authority and is not
payable as a disbursement to any tenant,
deposit contributor or owner.
29F. Lodging disputes
(1) A tenant may dispute a claim form by
lodging with the Commissioner a
dispute
(a) if the tenant has received a claim
form from the owner, at any time
15
s. 7 No. Residential Tenancy Amendment 2005
before a relevant claim form is
lodged with the Authority; or
(b) in all other cases, within 10 days
after the lodgment of a relevant
claim form with the Authority.
(2) A deposit contributor or owner may
dispute a claim form by lodging with the
Commissioner a dispute within 10 days
after the lodgment of a relevant claim
form with the Authority.
(3) A dispute is to
(a) be in writing; and
(b) include or be accompanied by
any information to support the
dispute; and
(c) be accompanied by the prescribed
fee.
(4) The Commissioner may accept the
lodgment of a dispute after the period
specified in subsection (1) or (2) has
expired at his or her discretion but only
if
(a) the Authority has not already
made a disbursement of the
security deposit; or
(b) the security deposit has not been
forfeited to the Authority.
(5) If a matter in respect of a claim form is
referred to the Commissioner by the
Authority under section 29C(2), the
16
2005 Residential Tenancy Amendment No. s. 7
owner who lodged the claim form is
required to pay the fee prescribed under
subsection (3)(c) as if he or she had
lodged the dispute.
(6) On receipt of a dispute, the
Commissioner
(a) is to notify, in writing, the
Authority of the dispute within 24
hours after it is lodged; and
(b) is to take all reasonable steps to
notify, in writing, each tenant,
deposit contributor and owner
who is known to the
Commissioner of the lodging of
the dispute and their right to
make written submissions in
respect of the dispute within the
time specified in the notice; and
(c) may require the Authority and
any such tenant, deposit
contributor and owner to provide
it with information and
documentation relevant to the
dispute.
(7) The Authority, a tenant, a deposit
contributor or an owner must comply
with a requirement made under
subsection (6)(c).
(8) If a tenant, deposit contributor or owner
fails to comply with a requirement made
under subsection (6)(c), he, she or it is
guilty of an offence and is liable on
17
s. 7 No. Residential Tenancy Amendment 2005
conviction to a fine not exceeding 10
penalty units.
(9) Each owner, tenant and deposit
contributor in respect of a residential
tenancy agreement is a party to a dispute
relating to the claim form in respect of
the termination of that agreement.
(10) A party other than the person who lodged
the dispute may provide written
submissions and other documents to the
Commissioner in respect of the dispute
on payment of the prescribed fee.
(11) The Commissioner may waive the whole
or any part of a fee payable under this
section.
29G. Determining disputes
(1) The Commissioner may not determine a
dispute until at least 7 days have passed
since the last of the notices that he or she
is required to provide under
section 29F(6)(a) and (b) has been so
provided.
(2) The Commissioner is to determine a
dispute by determining the amount, if
any, of the security deposit that is to be
disbursed to the owner.
(3) On determining a dispute, the
Commissioner is to give to the Authority
and each party known to the
Commissioner written notice of the
determination.
18
2005 Residential Tenancy Amendment No. s. 8
(4) The Commissioner may refund to any
person the whole or any part of any fee
paid under section 29F if the
Commissioner considers that another
party to the dispute has acted vexatiously
in lodging the dispute, submissions or
other information under that section.
8. Section 30 amended (Appeal against determination)
Section 30 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"section 29." and substituting
"section 29G.";
(b) by omitting from subsection (2) "the
determination is made." and substituting
"the last of the parties to the dispute has
been given notice of the Commissioner's
determination under section 29G.";
(c) by omitting paragraph (b) from
subsection (4) and substituting the
following paragraph:
(b) vary the determination and order
the security deposit to be
disbursed in accordance with the
determination as varied and
section 29E.
(d) by inserting the following subsection
after subsection (4):
19
s. 9 No. Residential Tenancy Amendment 2005
(5) On deciding an appeal, the Court
is to notify the Authority, in
writing, of its decision.
9. Section 30A inserted
After section 30 of the Principal Act, the
following section is inserted in Division 3:
30A. Unclaimed security deposit forfeited
(1) In this section
"expired period determination"
means a determination made
under subsection (2);
"forfeit determination" means a
determination made under
subsection (3).
(2) The Authority may determine in relation
to a security deposit or part of a security
deposit held by it that at least 6 years
have elapsed since the end of the
residential tenancy agreement.
(3) In accordance with this section and after
making an expired period determination,
the Authority may further determine that
the security deposit or the part of a
security deposit held by it is forfeited to
the Authority.
(4) If no claim form has been lodged with
the Authority, it may make a forfeit
determination in respect of a security
20
2005 Residential Tenancy Amendment No. s. 10
deposit held by it any time after the
expired period determination is made.
(5) If a claim form has been lodged with the
Authority
(a) in a case where a disbursement
has been made from the security
deposit before the expired period
determination is made, the
Authority may make a forfeit
determination in respect of that
part of the security deposit held
by it any time after the expired
period determination is made; or
(b) in any other case, the Authority
may make a forfeit determination
in respect of that part of the
security deposit held by it after all
disbursements resulting from that
claim are made in accordance
with this Act.
(6) On the making of a forfeit determination,
the security deposit, or that part of a
security deposit, in respect of which that
determination is made is forfeited to and
becomes the property of the Authority.
10. Part 4B inserted
After section 48J of the Principal Act, the
following Part is inserted:
21
s. 10 No. Residential Tenancy Amendment 2005
PART 4B RENTAL DEPOSIT AUTHORITY
48K. Rental Deposit Authority
(1) There is established a Rental Deposit
Authority.
(2) The Authority
(a) may have a seal; and
(b) may sue and be sued in its name.
(3) If the Authority has a seal
(a) it is to be kept and used as
authorised by the Authority; and
(b) all courts and persons acting
judicially must take judicial
notice of the imprint of the seal
on a document and presume that
it was duly sealed by the
Authority.
48L. Constitution of Authority
The Authority is constituted by the
Director of Consumer Affairs and Fair
Trading.
48M. Functions of Authority
The functions of the Authority are
22
2005 Residential Tenancy Amendment No. s. 10
(a) to accept, hold and disburse
security deposits in accordance
with this Act; and
(b) to collect data on the residential
tenancy market in Tasmania; and
(c) to conduct public awareness
campaigns to educate parties to
residential tenancy agreements
regarding their obligations; and
(d) to carry out any other functions
conferred on it by this Act or as
may be prescribed.
48N. Powers of Authority
(1) The Authority has power to do anything
that is necessary or convenient to be done
for or in connection with the
performance of its functions.
(2) Without limiting subsection (1), the
Authority
(a) may acquire, hold, dispose of and
otherwise deal with property
other than real property; and
(b) may enter into contractual
arrangements with other persons
and bodies; and
(c) may enter into any arrangements
or agreements with any person to
act as its agent in the performance
23
s. 10 No. Residential Tenancy Amendment 2005
of any of its functions under this
Act; and
(d) may do any other thing that it
would be entitled to do if it were
a body corporate.
48O. Staff of Authority
(1) The Authority may arrange with the
Secretary of the Department for State
Service officers and State Service
employees employed in the Department
to be made available to enable the
Authority to perform and exercise its
functions and powers.
(2) On the written request of the Authority,
the Secretary of the Department may
arrange with another Head of a State
Service Agency for State Service officers
and State Service employees employed in
that Agency to be made available to the
Authority for the purpose of enabling the
Authority to perform and exercise its
functions and powers.
(3) State Service officers and State Service
employees made available under
subsection (1) or (2) may serve the
Authority in conjunction with State
Service employment.
(4) All expenses associated with the use by
the Authority of the services of a State
Service officer or State Service employee
referred to in subsection (1) or (2) are to
be met by the Authority unless otherwise
24
2005 Residential Tenancy Amendment No. s. 10
agreed between the Secretary of the
Department and the Authority.
48P. Assistance and facilities
(1) The Authority may arrange with one or
more of the following persons to provide
assistance and facilities to it to enable it
to perform and exercise its functions and
powers:
(a) the Secretary of the Department;
(b) another Head of a State Service
Agency;
(c) any other person if the Minister
approves it.
(2) All expenses associated with the use by
the Authority of the assistance and
facilities provided under subsection (1)
are to be met by the Authority unless
otherwise agreed between the Secretary
of the Department and the Authority.
48Q. Funds of Authority
(1) The funds of the Authority consist of
(a) any money provided by
Parliament for the purposes of the
Authority; and
(b) any interest earned in respect of
the security deposits held by the
Authority; and
25
s. 10 No. Residential Tenancy Amendment 2005
(c) any security deposit, or part of a
security deposit, forfeited to the
Authority under section 30A.
(2) The funds of the Authority are to be
applied in the payment or discharge of
the expenses, charges and obligations
incurred or undertaken by the Authority
in the performance of its functions and
exercise of its powers.
48R. Account in Special Deposits and Trust Fund
(1) The Treasurer is to establish in the
Special Deposits and Trust Fund an
interest-bearing special deposits account
or trust account into which the Authority
is to pay the security deposits accepted
by it.
(2) The money standing to the credit of the
account is to be used for the
disbursement by the Authority of the
security deposits held by it in accordance
with this Act.
(3) The Treasurer is to pay to the Authority
from the money standing to the credit of
the account
(a) any money forfeited to the
Authority under section 30A; and
(b) any interest accrued on the
account.
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2005 Residential Tenancy Amendment No. s. 10
48S. Accounts and financial statements of
authority
(1) The Authority must
(a) keep such accounting records as
correctly record and explain its
transactions (including any
transactions as trustee) and
financial position; and
(b) keep those records in a manner
that
(i) allows true and fair
accounts of the Authority
to be prepared from time
to time; and
(ii) allows separate accounts
to be prepared in respect
of the security deposits
held by the Authority and
in respect of the funds of
the Authority; and
(iii) allows its accounts to be
conveniently and properly
audited or reviewed; and
(iv) complies with any
instruction issued to it by
the Treasurer; and
(c) retain those records for a period
of not less than 7 years after the
completion of the transaction to
which they relate or such other
period as the Minister determines.
27
s. 11 No. Residential Tenancy Amendment 2005
48T. Delegation
The Authority may delegate to a State
Service officer or State Service employee
any of its functions or powers under this
Act other than this power of delegation.
11. Section 65 amended (Regulations)
Section 65 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (1A):
(1B) Without limiting the generality of
subsection (1), the regulations
may make provision for or in
respect of
(a) the issue of infringement
notices; and
(b) the offences under this
Act in respect of which
infringement notices may
be issued; and
(c) the amount of the
penalties payable under
infringement notices; and
(d) all other matters relating
to infringement notices.
(b) by inserting in subsection (6) "and any
other matter under this Act" after
"disputes".
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2005 Residential Tenancy Amendment No. s. 12
12. Section 66 amended (Regulations of savings and
transitional nature)
Section 66 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or any Act
amending this Act" after "Act";
(b) by omitting from subsection (2)
"commencement day" and substituting
"day on which this Act, or any Act
amending this Act, commences".
13. Section 68 inserted
After section 67 of the Principal Act, the
following section is inserted in Part 5:
68. Transitional and savings provisions
consequent on Residential Tenancy
Amendment Act 2005
Schedule 3 has effect with respect to the
transitional and savings matters
consequent on the enactment of the
Residential Tenancy Amendment Act
2005.
14. Schedule 3 inserted
After Schedule 2 to the Principal Act, the
following Schedule is inserted:
29
s. 14 No. Residential Tenancy Amendment 2005
SCHEDULE 3 TRANSITIONAL AND SAVINGS
PROVISIONS CONSEQUENT ON RESIDENTIAL
TENANCY AMENDMENT ACT 2005
Section 68
1. Interpretation
In this Schedule
"commencement day" means the day
on which the Residential Tenancy
Amendment Act 2005
commences;
"former Act" means this Act as in
force immediately before the
commencement day;
"pre-existing residential tenancy
agreement" means a residential
tenancy agreement that is in force
immediately before the
commencement day.
2. Security deposits held by owners
(1) If immediately before the
commencement day an owner holds a
security deposit in respect of a pre-
existing residential tenancy agreement,
the owner must deposit the security
deposit with the Authority within 6
months after the commencement day
unless the residential tenancy agreement
is earlier terminated.
30
2005 Residential Tenancy Amendment No. s. 14
Penalty: Fine not exceeding 50 penalty
units.
(2) If an owner knows that a pre-existing
residential tenancy agreement is to be
terminated within 6 months after the
commencement day, he or she may
deposit with the Authority the security
deposit held by him or her in respect of
that agreement before that termination.
(3) An owner who deposits with the
Authority a security deposit under this
clause must provide to the Authority with
that deposit written notice stating
(a) the names and contact details of
the parties to the residential
tenancy agreement; and
(b) if known, the name and contact
details of any deposit contributor
and the amount of the security
deposit paid by any deposit
contributor.
3. Disbursement of security deposit in respect
of certain pre-existing residential tenancy
agreements
The former Act continues to apply in
respect of the disbursement of a security
deposit relating to a pre-existing
residential tenancy agreement, and the
right of the owner to retain the whole or
any part of the security deposit, if the
owner has not deposited the security
31
s. 14 No. Residential Tenancy Amendment 2005
deposit with the Authority under
clause 2.
4. Disputes and appeals under former Act
The former Act continues to apply
(a) in respect of a dispute under
section 28 of the former Act in
relation to the amount of the
security deposit returned to the
tenant by the owner after the
termination of a pre-existing
residential tenancy agreement;
and
(b) in respect of an appeal from the
determination of the
Commissioner under section 29
of the former Act relating to any
such dispute.
5. Right of deposit contributor to notify
Authority
A person or organisation that
(a) is prescribed under paragraph (a)
of the definition of "deposit
contributor"; and
(b) paid to an owner a security
deposit or part of a security
deposit before the
commencement day in respect of
a pre-existing residential tenancy
agreement
32
2005 Residential Tenancy Amendment No. s. 14
may notify the Authority, in writing, of
that fact, the amount paid, the name of
the tenant and owner and the address of
the premises rented.
33
s. 15 No. Residential Tenancy Amendment 2005
PART 3 FAMILY VIOLENCE ACT 2004 AMENDED
15. Principal Act
In this Part, the Family Violence Act 2004* is
referred to as the Principal Act.
16. Section 17 amended (Issue of replacement
residential tenancy agreement)
Section 17 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1)(a) `("the
original agreement")' after "agreement";
(b) by omitting from subsection (2)
"residential tenancy agreement
established under subsection (1)" and
substituting "replacement agreement";
(c) by omitting from subsection (2)
"agreement that was terminated under
that subsection." and substituting
"original agreement.";
(d) by omitting from subsection (3) "an
agreement terminated under this section
is" and substituting "the original
agreement was";
(e) by omitting from subsection (3)
"terminated" second occurring and
substituting "original";
*No. 67 of 2004
34
2005 Residential Tenancy Amendment No. s. 16
(f) by inserting the following subsections
after subsection (3):
(3A) Where a court has made an order
terminating a residential tenancy
agreement and establishing a new
residential tenancy agreement and
a security deposit has been paid
as required under the Residential
Tenancy Act 1997 in respect of
the original agreement, the court
may make an order stating that
the deposit in respect of the
original agreement is the security
deposit in respect of the
replacement agreement.
(3B) If an order is made under
subsection (3A)
(a) the owner of the
residential property may
not require any further
security deposit in respect
of the replacement
agreement; and
(b) no disbursement or refund
of the security deposit is
payable under the
Residential Tenancy Act
1997 on the termination
of the original agreement;
and
(c) on the termination of the
replacement agreement,
the security deposit is to
be disbursed or refunded
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s. 16 No. Residential Tenancy Amendment 2005
as if it were the
termination of the original
agreement.
36 Government Printer, Tasmania