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RESIDENTIAL TENANCIES ACT 1997 - SECT 166 Owner must not seek overpayment for utility charges

RESIDENTIAL TENANCIES ACT 1997 - SECT 166

Owner must not seek overpayment for utility charges

S. 166(1) amended by Nos 45/2002 s. 51, 67/2010 s. 126, 45/2018 s. 144(1).

    (1)     A caravan park owner must not seek payment or reimbursement for a cost or charge under section 165 that is more than the amount that the relevant supplier of the utility would have charged the resident.

Penalty:     60 penalty units.

S. 166(2) amended by No. 45/2002 s. 51, substituted by No. 45/2018 s. 144(2).

    (2)     If the relevant supplier of the utility has issued an account to the caravan park owner, any amount to be recovered from the resident for the account must be adjusted by deducting any concession or rebate to which the resident is entitled.

    (3)     Subsection (2) does not apply if the concession or rebate—

S. 166(3)(a) amended by No. 45/2002 s. 51.

        (a)     must be claimed by the resident and the caravan park owner has given the resident the opportunity to claim it and the resident does not do so by the payment date set by the relevant supplier of the utility; or

        (b)     is paid directly to the resident as a refund.

Division 5—General duties of residents, caravan park owners and caravan owners