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RESIDENTIAL TENANCY ACT 1997 - SECT 36M Electricity and heating

RESIDENTIAL TENANCY ACT 1997 - SECT 36M

Electricity and heating

(1)  An owner must not enter into, extend, or renew, a residential tenancy agreement in relation to premises unless the premises are connected to –
(a) a mains electricity supply (whether or not an electricity provider is supplying electricity to the premises on the day the agreement is entered into, extended or renewed); or
(b) a functioning device that is –
(i) capable of producing and supplying to the premises a supply of electricity that is sufficient to provide for the electricity needs of the number of persons that the premises is designed to accommodate; and
(ii) connected to the electrical wiring system in the premises.
Penalty:  Fine not exceeding 50 penalty units.
(2)  An owner must not enter into, extend, or renew, a residential tenancy agreement in relation to premises unless –
(a) all power points, or wires between the walls of the premises or in the ceiling of the premises are safe and, except for the power points or wires indicated in the condition report prepared at the beginning of the tenancy as not being functioning power points or functioning wires, supply electricity to the premises; and
(b) every room used, or intended for use, by a tenant, other than a room that is intended only for storage or for use as a garage, has adequate natural or artificial lighting.
Penalty:  Fine not exceeding 50 penalty units.
(3)  An owner must not enter into, extend, or renew, a residential tenancy agreement in relation to premises unless there is, in a room that may be used as the main living area in the premises, a heating device consisting of –
(a) an electric heater, or a gas heater, that is a fixture; or
(b) a heat pump; or
(c) a wood heater (not being an open fire place); or
(d) an open fire place, if there is in force in relation to the open fire place an approval under subsection (4) ; or
(e) another heating device that is prescribed.
Penalty:  Fine not exceeding 50 penalty units.
(4)  The Commissioner, by notice to an owner of one or more premises, may approve, on the conditions specified in the notice, an open fire place for the purposes of subsection (3)(d) for use in such of the premises as are specified in the notice.
(5)  The Commissioner, by notice in the Gazette , may approve, on the conditions specified in the notice, an open fire place for the purposes of subsection (3)(d) for use in the premises, or a class of premises, specified in the notice.
(6)  A notice under this section is not a statutory rule for the purposes of the Rules Publication Act 1953 .