The long title for the Bill for this Act was "to re-enact with amendments
the law relating to residential tenancies, rooming houses and caravan parks, to
provide for a Residential Tenancies Tribunal and a Residential Tenancies Bond
Authority, to repeal the Residential Tenancies Act 1980, the Caravan
Parks and Movable Dwellings Act 1988 and the Rooming Houses
Act 1990 and for other purposes."
Section 54A of the ILA authorises the making of the style changes set out
in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which
provides that where an undivided section or clause of a Schedule is amended by
the insertion of one or more subsections or subclauses, the original section or
clause becomes subsection or subclause (1) and is amended by the insertion of
the expression "(1)" at the beginning of the original section or
clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the
following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001
form part of that Act. Any heading inserted in an Act which was passed before 1
January 2001, by an Act passed on or after 1 January 2001, forms part of that
Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule;
sections; clauses; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or
after 1 January 2001 form part of that Act. Any examples, diagrams or notes
inserted in an Act which was passed before 1 January 2001, by an Act passed on
or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January
2001 forms part of that Act. Any punctuation inserted in an Act which was
passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms
part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether
inserted in the Act before, on or after 1 January 2001. Provision numbers
include section numbers, subsection numbers, paragraphs and subparagraphs. See
section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13
October 2004, a legislative item relating to a provision of an Act is taken to
be at the foot of that provision even if it is preceded or followed by another
legislative item that relates to that provision. For example, if a penalty at
the foot of a provision is followed by a note, both of these legislative items
will be regarded as being at the foot of that provision. See section
36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act.
S. 615 inserted on 25.4.20 by No. 11/2020
s. 46:s. 2; Sch. 1 cl. 20(4) inserted on 19.6.19 by
No. 45/2018 s. 368: Special Gazette (No. 228) 12.6.19 p. 1;
Sch. 2 cl. 2(4) inserted on 1.7.19 by No. 38/2018 s. 310:
Special Gazette (No. 254) 25.6.19 p. 1
Note:
S. 615 repealed Pt 16 (ss 534–616) on
28.3.21; Sch. 1 cl. 20(4) repealed Sch. 1 cl. 20 on 19.6.21;
Sch. 2 cl. 2(4) repealed Sch. 2 cl. 2 on
1.7.21
S. 239(Sch. 6 items 36.1, 36.4) on 1.7.12: Special
Gazette (No. 214) 28.6.12 p. 1; s. 239(Sch. 6 items 36.2, 36.3, 36.5)
on 1.9.12: Special Gazette (No. 291) 28.8.12 p. 1
Residential Tenancies and Other Consumer Acts Amendment
Act 2012, No. 56/2012
Assent Date:
18.9.12
Commencement Date:
S. 5 on 19.9.12: s. 2(1); ss 8–12 on 1.2.13: Special
Gazette (No. 444) 19.12.12 p. 1; ss 3, 4, 6, 7 on 31.3.13:
s. 2(2); ss 13–18 on 1.8.13: Special Gazette (No. 277) 30.7.13 p.
1
368 on 19.6.19: Special Gazette (No. 228) 12.6.19
p. 1; ss 4–5(3)(d), 5(3)(f)–(5), 6–34(5)(b),
35−53(3), 53(5)−122, 125–234, 236–322,
329–342(12), 342(15)–367, 380–386, Sch. 1 on 29.3.21: Special
Gazette (No. 42) 27.1.21 p. 1; s. 5(3)(e) never proclaimed, repealed by No.
19/2019 s. 237(2);
[1] S. 6 (repealed): The
amendments proposed by section 342(3)–(5) of the
Residential Tenancies Amendment Act 2018, No.
45/2018 (as amended by Nos 19/2019, 47/2019, 11/2020, 25/2020, 32/2020, 1/2021)
are not included in this publication due to the earlier repeal of section 6 by
section 5 of the Residential Tenancies Amendment (Long-term Tenancy
Agreements) Act 2018, No. 40/2018.
Section 342(3)–(5) reads as follows:
342 Further consequential amendments of Division 2 of Part
1
(3) Insert the following heading to section 6 of the Principal
Act—
(i) for "landlord" substitute "residential rental provider";
(ii) for "tenant" substitute "renter".
(5) In section 6(2) of the Principal Act—
(a) for "tenancy agreement" (wherever occurring) substitute
"residential rental agreement";
(b) in paragraph (a), for "tenant" substitute
"renter".
[2] Note to s. 26: The amendment
proposed by section 384 of the Residential Tenancies Amendment Act 2018,
No. 45/2018 (as amended by Nos 19/2019, 47/2019, 11/2020, 25/2020, 32/2020,
1/2021) is not included in this publication due to the earlier substitution of
the note to section 26 by section 11(8) of that Act.
In the note at the foot of section 26 of the Principal Act, for
"landlord" substitute "residential rental provider".
[3]Pt 16 (Heading and ss 535−615)
(repealed): The amendment proposed by section 86 of the Consumer
and Other Acts Miscellaneous Amendments Act 2021, No. 1/2021 is
not included in this publication due to the earlier repeal of Part 16 by
section 615 of the Principal Act.
In section 615 of the Residential Tenancies Act 1997, for "the
day that is 6 months after its commencement" substitute "26 September
2020".
[4] Table of Amendments
(Disability (National Disability Insurance Scheme Transition) Amendment
Act 2019): The amendments proposed by sections 215 and 216 of the
Disability (National Disability Insurance Scheme Transition) Amendment
Act 2019,No. 19/2019 are not included in this publication
because Subdivision 3 of Division 9 of Part 2 and section 91ZB were not
part of this Act when sections 215 and 216 came into operation.
(5) The Tribunal must hear an application under subsection
(1)—
(a) within 3 business days of the application being made; or
(b) if the application cannot be heard within the period referred to in
paragraph (a), no later than the next available sitting day of the Tribunal
after the end of that 3 business day period.
(6) If an application is made under subsection (1), any other action that
could otherwise be taken in respect of the existing residential rental agreement
is stayed until the Tribunal determines the application.
(ii) unable to enter into, or establish, one or multiple SDA residencyagreements (as appropriate), direct the parties to enter into one or multiple
new SDA residency agreements (as appropriate) on terms declared by the
Tribunal.
(4) If the Tribunal makes an order under subsection (1)(b), having regard
to any financial disadvantage suffered by the renter and regardless of any loss
or damage suffered by the SDA provider, the Tribunal may—
"(3A) A renter to whom subsection (1)(g) applies may give a residential
rental provider who is, or was, an SDA provider, a notice of intention to vacate
a premises that is, or was, an SDA enrolled dwelling, specifying a termination
date that is not less than 14 days after the date on which the notice is
given.".