(1)  In this Act –

abandoned means abandoned as referred to in section 47 ;

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 and who is not, in relation to the premises of the owner, a residential manager of the premises; 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 ;

boarding premises means a room and any other facilities provided with the room where –

(a) the room is occupied as a principal place of residence; and

(b) any of the bathroom, toilet or kitchen facilities are shared with other persons –

but does not include premises located in a building occupied predominately by –

(c) tertiary students; or

(d) TasTAFE students within the meaning of the TasTAFE (Skills and Training Business) Act 2021 ;

claim form means the form specified in section 27(b) ;

commencement day means the day on which this Act commences;

Commissioner means the Residential Tenancy Commissioner appointed under section 7 ;

condition report means a report referred to in section 26 ;

Court means the Magistrates Court exercising its civil jurisdiction in the civil division of that Court established under the Magistrates Court (Civil Division) Act 1992 ;

COVID-19 Emergency Act means the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 ;

COVID-19 emergency day means the day on which the COVID-19 Emergency Act commences;

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;

Director of Consumer Affairs and Fair Trading means the person appointed as such under the Consumer Affairs Act 1988 ;

dispute means a dispute referred to in section 29F ;

domestic partner , in relation to an owner, means –

(a) the spouse of the owner; or

(b) a person who is in a significant relationship, within the meaning of the Relationships Act 2003 , with the owner;

dwelling-house has the same meaning as residential premises has in the Homes Tasmania Act 2022 ;

early vacation means early vacation as referred to in section 46 ;

eligible person has the same meaning as in the Homes Tasmania Act 2022 ;

emergency period means the period –

(a) beginning on the COVID-19 emergency day; and

(b) ending on whichever is the last occurring of the following:

(i) the day 120 days after the COVID-19 emergency day;

(ii) a day to which the emergency period is extended by one or more orders under section 3A(1) ;

(iii) the day on which an order is made under section 3A(4) declaring that the emergency period has ended;

essential service means any of the following services:

(a) water, sewerage, electricity, or heating, supplied to or within the premises;

(b) a cooking stove, or hot-water service, installed within the premises;

(c) removal of grey water from premises, including ensuring the effective functioning of any on-site water-treatment facility, but not including pipes, plumbing or other water-disposal or sewage-disposal facilities owned by a council –

and includes any tap washers, any light globes or light tubes that are inaccessible light globes or light tubes, and any fuses other than those that are within a meter box and relate to the supply of electricity to the premises;

grey water means grey water or sullage as defined in Australia New Zealand Standard AS/NZS 1547:2000 On-site domestic wastewater management;

holding agreement means an agreement referred to in section 31(1) ;

holding fee means a fee referred to in section 31(2) ;

Homes Tasmania means Homes Tasmania established under section 9(1) of the Homes Tasmania Act 2022 ;

housing support provider has the same meaning as in the Homes Tasmania Act 2022 ;

inaccessible light globes or light tubes means light globes or light tubes that, when in place –

(a) are above the height prescribed for the purposes of this definition; or

(b) are not reasonably accessible;

NDIS participant means a participant within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth;

nominated repairer means a person nominated by the owner to carry out repairs to essential services;

notice of termination means a notice referred to in section 38 ;

notice to vacate means a notice referred to in section 42 ;

owner means –

(a) a person who holds a legal estate in residential premises; and

(b) that person's successors and assigns; and

(c) an agent of that person; and

(d) a mortgagee who made an application under section 85 of the Land Titles Act 1980 ; and

(e) a mortgagee or encumbrancee who gave or left a notice under section 77 of the Land Titles Act 1980 ;

payment date means the date on which rent is due under a residential tenancy agreement;

payment period means –

(a) in respect of the first period of a new residential tenancy agreement, the period starting on the day on which occupancy is first granted under that residential tenancy agreement and ending on the day before the payment date; or

(b) in any other case, the period starting on the payment date and ending on the day before the next payment date;

registered community housing provider has the meaning it has in the Community Housing Providers National Law (Tasmania) Act 2013 ;

rent means a payment payable under a residential tenancy agreement in respect of a period of tenancy;

rent assistance means the provision by the Homes Tasmania under section 50 of the Homes Tasmania Act 2022 , or the provision by another social housing provider or a housing support provider, of an amount or amounts –

(a) to an eligible person who, under a residential tenancy agreement, is leasing or sub-leasing a dwelling-house; or

(b) to a social housing provider or other person who is leasing, or sub-leasing, a dwelling-house to an eligible person under a residential tenancy agreement –

for the purpose of paying all, or part of, the eligible person’s rent under that agreement;

residential manager means a person who enters into a residential management agreement with the owner of residential premises under section 16A ;

residential premises means premises, or part of premises, and land provided with the premises used or intended to be used as a place of residence and includes boarding premises;

residential tenancy agreement means an agreement referred to in Part 3 ;

SDA has the same meaning as in –

(a) the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2016 of the Commonwealth, as amended from time to time; or

(b) any rules of the Commonwealth, as amended from time to time, which are made in substitution for those rules;

security deposit means the payment referred to in section 25(1) ;

socially-dislocating disease means the disease, known as coronavirus disease 2019 (COVID-19);

social housing means –

(a) residential premises owned in whole or in part by Homes Tasmania; or

(b) residential premises declared to be social housing under subsection (3) ; or

(c) residential premises of a kind declared to be social housing under subsection (3) ; or

(d) residential premises used, or proposed to be used, for a purpose declared under subsection (3) ;

social housing provider , in relation to residential premises, means –

(a) Homes Tasmania unless there is, in relation to those premises, a person referred to in paragraph (b), (c) or (d); or

(b) a registered community housing provider in relation to those premises; or

(c) if those premises are social housing by reason of paragraph (b), (c) or (d) of the definition of social housing and a person, or a person of a class of persons, is declared in the notice under subsection (3) to be the social housing provider in respect of those premises, that person or the person of that class who leases or sub-leases, or proposes to lease or sub-lease, those premises to an eligible person; or

(d) if those premises are social housing by reason of paragraph (b), (c) or (d) of the definition of social housing and a person, or a person of a class of persons, is not declared in the notice under subsection (3) to be the social housing provider in respect of those premises, the person who leases or sub-leases, or proposes to lease or sub-lease, those premises to an eligible person;

subsequent COVID-19 emergency period means a period specified in an order under section 3B ;

suitable repairer means a person who –

(a) holds a licence if required to do so under any Act to perform repairs to residential premises or essential services; and

(b) ordinarily performs those repairs in the course of a business or as an employee of a business;

tenancy means the right of occupancy of residential premises under a residential tenancy agreement;

tenant means a person who has the right to occupy residential premises under a residential tenancy agreement;

tertiary student means a person undertaking a course at an institution as defined by section 4 of the Higher Education Funding Act 1988 of the Commonwealth;

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 which the residential tenancy agreement relates are situated.

(2)  A power or duty conferred or imposed on an owner under this Act is also a power or duty conferred or imposed on the agent of the owner.

(3)  The Minister from time to time responsible for social housing, by notice, may do any one or more of the following:

(a) declare residential premises specified in the notice to be social housing;

(b) declare residential premises of a kind specified in the notice to be social housing;

(c) declare residential premises used, or proposed to be used, for a purpose specified in the notice to be social housing;

(d) declare a person, or a person of a class of persons, specified in the notice to be a social housing provider or the social housing provider in relation to premises referred to in paragraph (a), (b) or (c).