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RESIDENTIAL TENANCIES AMENDMENT ACT 2010 (NO. 67 OF 2010) - SECT 10 New Part 4A inserted

RESIDENTIAL TENANCIES AMENDMENT ACT 2010 (NO. 67 OF 2010) - SECT 10

New Part 4A inserted

After Part 4 of the Principal Act insert

" PART 4A—SITE AGREEMENTS AND SITE–TENANT OWNED DWELLINGS

Division 1—General requirements for site agreements

        206B     Rights of site tenants

Subject to this Act and the terms of a site agreement, a site tenant has a right—

        (a)     to occupy and use the Part 4A site to which the site agreement applies; and

        (b)     to have his or her Part 4A dwelling situated on that Part 4A site; and

        (c)     to use the facilities and common areas of the Part 4A park in which that Part 4A site is located.

        206C     Part 4A dwelling not a fixture

Despite any Act or law to the contrary, including the common law, a Part 4A dwelling owned by a site tenant does not form a fixture of the Part 4A site on which the Part 4A dwelling is situated.

        206D     Crown land

A site agreement cannot be entered into in relation to Crown land.

        206E     Site agreements to be in writing

    (1)     A site agreement must be in writing.

    (2)     A site owner must not enter into a site agreement with a site tenant that is not in writing.

Penalty:     60 penalty units.

    (3)     A failure to comply with this section does not—

        (a)     make the site agreement illegal, invalid or unenforceable; or

        (b)     affect the application of this Act to the site agreement.

        206F     Terms of site agreement

    (1)     A site agreement—

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        (a)     must include the prescribed terms, if any; and

        (b)     may include any other term that is not inconsistent with this Act or the prescribed terms referred to in paragraph (a); and

        (c)     must contain any other prescribed matters.

    (2)     A site agreement that does not include a prescribed term is taken to include the prescribed term.

    (3)     A term included in a site agreement is void to the extent that—

        (a)     it is inconsistent with this Act; or

        (b)     it purports to exclude, restrict or modify the application of, or the exercise of a right conferred by, this Act; or

        (c)     it is inconsistent with the prescribed terms referred to in subsection (1)(a) or inconsistent with the matters referred to in subsection (1)(c).

        206G     Harsh and unconscionable terms

    (1)     A site tenant may apply to the Tribunal for an order—

        (a)     declaring a term of a site agreement invalid; or

        (b)     varying a term of a site agreement.

    (2)     On an application under subsection (1), the Tribunal, by order, may declare invalid or vary a term of the site agreement if it is satisfied that the term—

        (a)     is harsh or unconscionable; or

        (b)     is such that a court exercising its equitable jurisdiction would grant relief.

    (3)     An order under this section has effect according to its terms.

        206H     Minimum terms for site agreements in new parks

    (1)     A site owner who enters into or renews a site agreement with a site tenant must offer a fixed term site agreement for a minimum term of 5 years if the Part 4A site that is the subject of the site agreement is situated in a Part 4A park that is registered as a caravan park under Part 14 on or after the commencement of section 10 of the Residential Tenancies Amendment Act 2010 .

    (2)     If a site agreement to which subsection (1) applies is entered into for a period of less than 5 years, the site agreement is taken to be a fixed term site agreement for a term of 5 years.

        206I     Site agreement consideration period

    (1)     A site owner must not give a site tenant—

        (a)     a proposed site agreement; or

        (b)     any other document which contains terms that are proposed to form part of the site agreement—

to sign unless the site owner has given the site tenant a copy of that proposed site agreement or other document at least 20 days earlier.

Penalty:     20 penalty units.

    (2)     At the time a site owner gives a site tenant a proposed site agreement or other document in accordance with subsection (1), the site owner must give the site tenant a notice in the prescribed form of the cooling off period and the site tenant's right to rescind the site agreement under section 206J.

        206J     Cooling off period

    (1)     A site tenant may rescind a site agreement at any time within 5 business days from the date that the site tenant signs the site agreement by providing written notice to the site owner to that effect.

    (2)     A notice under subsection (1) must be—

        (a)     given to the site owner or an agent of the site owner; or

        (b)     left at the address for service of the site owner specified in the site agreement.

    (3)     If a site tenant rescinds a site agreement in accordance with this section, the site tenant is entitled to a refund of all moneys paid by the site tenant under the site agreement less the sum of $100 or the prescribed amount (whichever is greater) to which the site owner is entitled.

Division 2—Bonds

        206K     What is the maximum bond?

    (1)     Subject to this Act, a person must not demand or accept in relation to a site agreement a bond the total of which exceeds—

        (a)     the amount of rent payable under the site agreement for one month, unless an order is in force under section 206M; or

        (b)     the maximum amount of the bond determined under an order in force under section 206M.

Penalty:     20 penalty units.

    (2)     Subsection (1) does not apply to a site agreement if the amount of rent payable under a site agreement for one week exceeds—

        (a)     $350; or

        (b)     if a greater amount is prescribed for the purposes of this section, that greater amount .

        206L     Application to increase maximum amount of bond

A site owner who wishes to demand a bond in relation to a site agreement or proposed site agreement which exceeds the limit set under section 206K may apply to the Tribunal for an order determining the maximum amount of the bond.

        206M     Tribunal may determine maximum bond

On an application under section 206L, the Tribunal may make an order determining the maximum amount of bond payable if it considers that it is reasonable to increase the bond having regard to the character and condition of the Part 4A site.

        206N     Not more than one bond is payable in respect of continuous occupation

A person must not demand or accept a bond for a subsequent site agreement under which a site tenant continues in occupation of a Part 4A site if that site tenant—

        (a)     has paid a bond for the initial site agreement under which the amount of rent payable for one week does not exceed—

              (i)     $350; or

              (ii)     if a greater amount is prescribed for the purposes of section 206K, that greater amount; and

        (b)     continues in occupation of the Part 4A site under the subsequent site agreement.

Penalty:     20 penalty units.

        206O     Condition report

    (1)     If a site tenant pays a bond, the site owner must, before the site tenant enters into occupation of the Part 4A site, give the site tenant 2 copies of a condition report signed by or on behalf of the site owner specifying the state of repair and general condition of the Part 4A site on the day specified in the report.

Penalty:     10 penalty units.

    (2)     Within 3 business days after entering into occupation of the Part 4A site, the site tenant must return one copy of the condition report to the site owner—

        (a)     signed by or on behalf of the site tenant; or

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        (b)     with an endorsement so signed to the effect that the site tenant agrees or disagrees with the whole or any specified part of the report.

        206P     Condition report is evidence of state of repair

    (1)     A statement in a condition report under section 206O is conclusive evidence, for the purposes of this Act, of the state of repair or general condition of the Part 4A site on the day specified in the report if the condition report is signed by or on behalf of the site owner and the site tenant.

    (2)     Subsection (1) does not apply to—

        (a)     a state of repair or general condition that could not reasonably have been discovered on a reasonable inspection of the Part 4A site; or

        (b)     a statement with which the site tenant disagrees under an endorsement on the report.

        206Q     Certain guarantees prohibited

    (1)     A person must not demand or require a site tenant to obtain a guarantee for the performance of any of the site tenant's duties in relation to the site agreement if the site tenant has paid or is required to pay a bond under a site agreement.

Penalty:     20 penalty units.

    (2)     This section does not apply to a site agreement referred to in section 206K(2).

    (3)     A guarantee obtained in contravention of this section is invalid and unenforceable.

        206R     Maximum amount of certain guarantees

    (1)     If a site tenant—

        (a)     has not paid a bond or has not been required to pay a bond; and

        (b)     has obtained a guarantee in relation to a site agreement—

the guarantee is unenforceable against the guarantor to the extent to which the amount guaranteed exceeds the amount of rent payable under the site agreement for one month.

    (2)     This section does not apply to a site agreement referred to in section 206K(2).

Division 3—Rents and other charges

        206S     Rent, fees and charges under site agreements

    (1)     A site agreement must include details of—

        (a)     the rent, fees and other charges payable under the site agreement; and

        (b)     the amount of the rent, fees and other charges payable under the site agreement; and

        (c)     the purposes for which the rent, fees and other charges are charged under the site agreement; and

        (d)     the basis on which the rent, fees and other charges are calculated and adjusted under the site agreement; and

        (e)     the circumstances in which the rent, fees and other charges may be reviewed; and

        (f)     the commission (if any) that may be charged by the site owner for the sale of the site tenant's Part 4A dwelling.

    (2)     A site owner must not require payment of any amount under the site agreement if the amount has not been disclosed in the site agreement in accordance with this section.

        206T     Limit on rent in advance

A site owner must not require a site tenant to pay rent more than one month in advance.

Penalty:     20 penalty units.

        206U     Receipts for rent

    (1)     A person who receives a payment of rent from a site tenant must give a written receipt in accordance with this section to the person making the payment—

        (a)     immediately, if the payment is made in person; or

        (b)     if the payment is not made in person and a receipt is requested at the time of making the payment, within 5 business days of receiving the payment.

Penalty:     10 penalty units.

    (2)     If a person receives a payment of rent from a site tenant and a written receipt is not required to be given under subsection (1), the person must keep a record of the payment of rent until the earlier of—

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        (a)     the end of 12 months after receiving the payment; or

        (b)     if the site tenant requests a copy of the record before the end of 12 months after making the payment, the provision of a copy of the record to the site tenant.

Penalty:     10 penalty units.

    (3)     If a site tenant requests a copy of a record under subsection (2)(b) before the end of 12 months after making the payment of rent, a person who keeps a record under subsection (2) must provide a copy of that record to the site tenant within 5 business days after receiving the request.

Penalty:     10 penalty units.

    (4)     For the purposes of subsection (2), a record must contain information which enables the details specified in subsection (5) to be identified.

    (5)     A receipt under this section must be signed by the person who receives the payment and must state—

        (a)     the name of the site tenant and the Part 4A park; and

        (b)     the date of receipt; and

        (c)     the period for which payment is made; and

        (d)     the amount paid; and

        (e)     the fact that the payment is for rent .

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    (6)     The regulations may provide that a prescribed person is exempt from subsection (1), (2) or (5) subject to the conditions, if any, specified in the regulations.

        206V     How much notice is required of rent increase?

    (1)     A site owner must give a site tenant at least 60 days notice in the prescribed form of a proposed rent increase under—

        (a)     a site agreement; or

        (b)     a proposed site agreement that is to replace an existing site agreement.

    (2)     A notice of a proposed rent increase under subsection (1) may only provide for one rent increase.

    (3)     The notice of a proposed rent increase must include a statement informing the site tenant of the site tenant's right under section 206W to apply within 30 days after the notice is given to the Director to investigate and report on the proposed rent.

    (4)     A site owner must not increase the rent payable by a site tenant at intervals of less than 6 months.

    (5)     A rent increase in contravention of this section is invalid despite anything to the contrary in the site agreement.

        206W     Site tenant may complain to Director about excessive rent

    (1)     A site tenant may apply to the Director to investigate and report if the site tenant has received a notice of a rent increase and the site tenant considers that the proposed rent is excessive.

    (2)     An application under subsection (1) must be made in writing within 30 days after the notice of the rent increase is given.

    (3)     As soon as practicable after receiving an application, the Director must—

        (a)     carry out an investigation; and

        (b)     give a written report to the site tenant and a copy of the report to the site owner.

    (4)     The report of the Director must—

        (a)     include a statement informing the site tenant of the site tenant's right under section 206X to apply to the Tribunal for an order in respect of the proposed rent; and

        (b)     take into account the matters referred to in section 206Y(3).

        206X     Application to Tribunal about excessive rent

    (1)     After receiving a report from the Director under section 206W, the site tenant may apply to the Tribunal for an order declaring the proposed rent excessive.

    (2)     An application under subsection (1) must be made within 30 days after the site tenant receives the Director's report.

        206Y     What can the Tribunal order?

    (1)     If an application is made under section 206X, the Tribunal may—

        (a)     make an order—

              (i)     declaring the proposed rent excessive; and

              (ii)     directing that for the period specified in the order the rent must not exceed the amount specified in the order; or

        (b)     dismiss the application.

    (2)     The Tribunal must have regard to the Director's report obtained under section 206W in determining the application.

    (3)     The Tribunal must make an order declaring the proposed rent excessive if it is satisfied that the proposed rent is more than that which should reasonably be paid by a site tenant having regard to—

        (a)     the rent payable for a similar Part 4A site in the Part 4A park;

        (b)     the rent payable for a similar Part 4A site in a similar Part 4A park in a similar location;

        (c)     the state of repair and general condition of the Part 4A site and the Part 4A park;

        (d)     any variation in the cost of providing facilities or services that the site owner provides;

        (e)     any changes in the rent and the condition of the Part 4A site or facilities in the Part 4A park since the site tenant first occupied the Part 4A site and since the last rent increase;

        (f)     the number of rent increases (if any) in the preceding 24 months, the amount of each rent increase in that period and the timing of those increases;

        (g)     any improvements made to the Part 4A site which should not result in an increase because they were made by the site tenant;

        (h)     the terms of the existing or proposed site agreement (if any).

    (4)     If the Tribunal makes an order under subsection (1)(a), a site owner cannot require a site tenant to pay an amount of rent greater than that specified in the order for a period of 6 months after the day on which the order comes into operation.

    (5)     The amount specified in the order must not be less than the amount payable by the site tenant immediately before the notice was given under section 206V.

        206Z     Payment of increased rent pending Tribunal decision

    (1)     Pending the Tribunal's decision under section 206Y, the site tenant must pay, from the time the proposed increase is to apply, the lesser of—

        (a)     the increased rent specified in the notice under section 206V; or

        (b)     110% of the rent immediately before the notice was given.

    (2)     If the Tribunal makes an order under section 206Y, it may also order that any excess rent paid by the site tenant from the time the increase took effect until the date of the order be refunded by the site owner.

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    (3)     The order may specify the procedure for the refund to the site tenant.

        206ZA     Additional charge

    (1)     A site owner may charge a site tenant a reasonable additional charge for any visitor who stays on the Part 4A site that is occupied by the site tenant.

    (2)     A site tenant may apply to the Tribunal for an order that the additional charge imposed is unreasonable.

    (3)     If, after hearing the site tenant and the site owner, the Tribunal determines that the amount of the additional charge is unreasonable, it may determine the amount of additional charge to be paid by the site tenant and make an order accordingly.

        206ZB     Rent must be reduced if services are reduced

    (1)     Despite anything to the contrary in the site agreement, if a site owner ceases providing services to a site tenant, the site owner must reduce the rent by—

        (a)     the amount agreed between them; or

        (b)     an amount determined by the Tribunal in the absence of any agreement on an application by either party.

    (2)     If the Tribunal determines an amount under subsection (1)(b), it may also order that—

        (a)     the reduction in rent is to take effect from the time the site owner ceased to provide services to the site tenant; and

        (b)     the site owner is to refund to the site tenant any excess rent paid by the site tenant from the time the site owner ceased to provide services until the date of the order.

        206ZC     Site tenant's goods not to be taken for rent

A person must not take or dispose of the goods or Part 4A dwelling of a site tenant on account of rent owing by the site tenant.

Penalty:     20 penalty units.

Division 4—Other charges

        206ZD     Fee for supply of key

A site owner may charge a reasonable initial fee for the supply of a key or device enabling a site tenant to gain vehicular access to the Part 4A park.

        206ZE     Site tenant's liability for electricity, gas and water charges

    (1)     A site tenant is liable for all charges made for the supply or use of electricity, gas, water, drainage and sewerage to a Part 4A site while the site tenant occupies the Part 4A site, if those services are separately metered.

    (2)     A site tenant is liable for all charges in respect of the supply or use of bottled gas at a Part 4A site while the site tenant occupies the Part 4A site.

        206ZF     Site owner's liability for electricity, gas and water charges

A site owner is liable for—

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        (a)     the installation costs and charges in respect of the initial connection to a Part 4A site of any electricity, water or gas (including bottled gas) supply service;

        (b)     the cost of all services to a Part 4A site if those services are not separately metered;

        (c)     all charges arising from a water supply service to a separately metered Part 4A site that are not based on the amount of water supplied or used;

        (d)     all charges related to the supply or use of sewerage and drainage services to or at a separately metered Part 4A site that are not based on the extent of use of the services.

        206ZG     Reimbursement

    (1)     If a site owner pays for anything for which a site tenant is liable under section 206ZE, the site tenant must reimburse the site owner within 28 days after receiving a written request for reimbursement attached to a copy of the account and the receipt or other evidence of payment.

    (2)     If a site tenant pays for anything for which the site owner is liable under section 206ZF, the site owner must reimburse the site tenant within 28 days after receiving a written request for reimbursement attached to a copy of the account and the receipt or other evidence of payment.

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    (3)     Subsection (1) does not apply if the site owner directly bills the site tenant under a re-sale agreement with a supply authority.

        206ZH     Site owner must not seek overpayment for utility charges

    (1)     A site owner must not seek payment or reimbursement for a cost or charge under section 206ZG that is more than the amount that the relevant supplier of the utility would have charged the site tenant.

Penalty:     20 penalty units.

    (2)     If the relevant supplier of the utility has issued an account to the site owner, a site owner cannot recover from the site tenant an amount which includes any amount that could have been claimed as a concession or rebate by or on behalf of the site tenant from the relevant supplier of the utility.

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

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

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

Division 5—General duties of site tenants

        206ZI     Site tenant's use of site

    (1)     A site tenant must use the Part 4A site for residential purposes only and in accordance with the site agreement.

    (2)     A site tenant must—

        (a)     use the Part 4A site, Part 4A park and facilities properly; and

        (b)     ensure that his or her visitors (if any) do the same.

        206ZJ     Site tenant must not use site for illegal purpose

A site tenant must not use the Part 4A site or permit its use for any purpose that is illegal at common law or under an Act.

        206ZK     Site tenant's duty to pay rent

A site tenant must pay the rent, fees and other charges agreed with the site owner on the due dates and in the agreed manner.

        206ZL     Quiet enjoyment—site tenant's duty

A site tenant must not do anything in or near the Part 4A dwelling, Part 4A site or Part 4A park or allow his or her visitors to the Part 4A site or Part 4A park to do anything which interferes with—

        (a)     the privacy and peace and quiet of other occupants of the Part 4A park; or

        (b)     the proper use and enjoyment of the Part 4A park by other occupants of the Part 4A park.

        206ZM     Site tenant must keep site clean

    (1)     A site tenant must keep the Part 4A site clean and tidy.

    (2)     A site tenant must maintain the Part 4A site and his or her Part 4A dwelling in a manner and condition that do not detract from the general standard of the Part 4A park as set by the site owner from time to time.

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        206ZN     Site tenant must not erect structures

A site tenant must not erect any structure other than a Part 4A dwelling on the Part 4A site or in the Part 4A park without the prior written consent of the site owner.

        206ZO     Site tenant must notify site owner of and compensate for damage

    (1)     If any damage other than fair wear and tear is caused to a Part 4A site or any facility in the Part 4A park by the site tenant or his or her visitors, the site tenant must—

        (a)     repair the damage; or

        (b)     notify the site owner of the damage and pay compensation for the damage to the site owner.

    (2)     A site tenant must report to the site owner any damage to or breakdown of communal facilities of which the site tenant has knowledge.

        206ZP     Number of persons residing on Part 4A site

A site tenant must not allow more than the number of persons agreed with the site owner to reside on the Part 4A site.

        206ZQ     Site tenant must observe Part 4A park rules

A site tenant must observe all Part 4A park rules made from time to time in accordance with this Act.

Division 6—General duties of site owners

        206ZR     Site owner must give tenant certain information

    (1)     Before entering into a site agreement, the site owner must give the site tenant a written statement in a form approved by the Director setting out in summary form the rights and duties of a site owner and site tenant under this Act.

Penalty:     20 penalty units.

    (2)     Before entering into a site agreement, the site owner must give the site tenant a written statement of any other prescribed matters.

Penalty:     20 penalty units.

    (3)     If a site owner—

        (a)     supplies false information to the site tenant in the statements required to be given by this section; or

        (b)     fails to supply all the information required to be supplied in the statements required to be given by this section—

the site tenant may rescind the site agreement that has been entered into on the basis of that information within 28 days of the date that the site agreement is entered into.

    (4)     If—

        (a)     a notice of intention to acquire land has been served under section 6 of the Land Acquisition and Compensation Act 1986 ; and

        (b)     the land is subject to a site agreement—

the site tenant may rescind the site agreement at any time within 28 days from the date that the site agreement is entered into.

        206ZS     Part 4A site plans

    (1)     Before entering into a site agreement, the site owner must give the site tenant a plan of the Part 4A park that identifies the Part 4A site on which the site tenant's Part 4A dwelling is or is to be situated.

Penalty:     20 penalty units.

    (2)     A site tenant may apply to the Tribunal for an order that the site owner give the site tenant a plan described in subsection (1).

        206ZT     Site owner must provide access

A site owner must—

        (a)     provide 24 hours vehicular access for all site tenants to all Part 4A sites; and

        (b)     provide 24 hour access for all site tenants to the Part 4A park; and

        (c)     provide access during all reasonable hours for site tenants to the recreational areas and laundry and communal facilities that the site tenant is entitled to access under the terms of a site agreement.

        206ZU     Quiet enjoyment—site owner's duty

    (1)     A site owner must not unreasonably restrict or interfere with the privacy, peace and quiet or proper use and enjoyment of a Part 4A dwelling, Part 4A site and communal facilities by a site tenant.

    (2)     A site owner must not unreasonably restrict or interfere with a site tenant's occupation of a Part 4A dwelling.

        206ZV     Site owner must keep Part 4A park clean

    (1)     A site owner must keep common areas, facilities, gardens, roadways, paths and recreation areas in the Part 4A park clean and in a safe condition.

    (2)     A site owner must arrange for the collection of garbage of site tenants and other garbage from the Part 4A park.

        206ZW     Duty of site owner to maintain communal areas

    (1)     A site owner must maintain, repair and keep clean and tidy all communal bathrooms, toilets, laundries and other communal facilities in the Part 4A park.

    (2)     When repairing or renovating communal facilities, a site owner must—

        (a)     minimise inconvenience and disruption to site tenants; and

        (b)     if necessary, provide temporary substitute facilities.

        206ZX     Site owner to give additional information

    (1)     If there is no agent acting for the site owner, a site owner must, on or before the required day, give the site tenant—

        (a)     written notice of the site owner's full name and address for the service of documents; and

        (b)     an emergency telephone number to be used in the case of the need for urgent repairs.

Penalty:     10 penalty units.

    (2)     If there is an agent acting for the site owner, a site owner must, on or before the required day, give the site tenant—

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        (a)     written notice of the agent's full name and address for service of documents and the agent's telephone number; and

        (b)     a written statement setting out—

              (i)     whether or not the agent can authorise urgent repairs; and

              (ii)     if the agent can authorise urgent repairs, the maximum amount for repairs which the agent can authorise; and

              (iii)     the agent's telephone number for urgent repairs.

Penalty:     10 penalty units.

    (3)     A site owner must give a site tenant notice in writing of any change in the information set out in subsection (1) or (2) before the end of 7 days after the change.

Penalty:     10 penalty units.

    (4)     In this section required day means a day 7 days after a person becomes a site tenant.

Division 7—Part 4A park rules

        206ZY     Site owner may make Part 4A park rules

    (1)     A site owner may from time to time make rules relating to the use, enjoyment, control and management of the Part 4A park.

    (2)     Without limiting subsection (1), Part 4A park rules may be made in relation to—

        (a)     the making and abatement of noise;

        (b)     motor vehicle speed limits within the Part 4A park;

        (c)     the parking of motor vehicles;

        (d)     the disposal of refuse;

        (e)     the keeping of pets;

        (f)     the playing of games and other sports activities;

        (g)     the use and operation of communal facilities.

    (3)     A site owner must—

        (a)     provide a copy of the Park 4A park rules to a site tenant before entering into a site agreement with the site tenant; and

        (b)     take all reasonable steps to ensure that the Part 4A park rules are observed by all site tenants; and

        (c)     ensure that the Part 4A park rules are reasonable and are enforced and interpreted consistently and fairly.

        206ZZ     Amendment of Part 4A park rules

    (1)     A site owner must give a site tenant at least 7 days written notice of any proposed change in the Part 4A park rules.

Penalty:     20 penalty units.

    (2)     A site owner must consult with the site tenants in the Part 4A park in respect of a proposed change to the Part 4A park rules.

Penalty:     20 penalty units.

    (3)     A site owner is taken to have consulted with the site tenants in accordance with this section if the site owner has—

        (a)     provided details of the proposed amendment to the Part 4A park rules in writing to the site tenants; and

        (b)     allowed at least 14 days for the site tenants to respond in writing; and

        (c)     considered and responded in writing to any written responses received from the site tenants.

        206ZZA     What if the Part 4A park rules are thought to be unreasonable?

    (1)     A site tenant may apply to the Tribunal for an order declaring a Part 4A park rule to be unreasonable.

    (2)     If the Tribunal considers that a Part 4A park rule is unreasonable, it may declare the rule invalid.

    (3)     In making a declaration under subsection (3) the Tribunal must have regard to—

        (a)     the location of the Part 4A park; and

        (b)     the number and characteristics of the site tenants and other residents of the Part 4A park; and

        (c)     the internal layout of the Part 4A park; and

        (d)     the amenities, improvements, facilities and other physical features of the Part 4A park; and

        (e)     the levels of rent and other charges paid by the site tenants; and

        (f)     any other prescribed matters.

Division 8—Site tenants' committees

        206ZZB     Participation in site tenants' committee

A site tenant is entitled to participate in any site tenants' committee formed in respect of a Part 4A park of which he or she is a site tenant.

        206ZZC     Site owner's duties to site tenants' committees

    (1)     A site owner must not unreasonably interfere with a site tenant's right to participate in a site tenants' committee.

Penalty:     20 penalty units.

    (2)     A site owner must allow the site tenants to use suitable communal park facilities for meetings of a site tenants' committee.

Division 9—Assignment and sub-letting

        206ZZD     Assignment by a site tenant

    (1)     A site tenant must not assign a site agreement without the site owner's written consent.

    (2)     A site owner must not unreasonably withhold consent to the assignment of a site agreement.

    (3)     An assignment of a site agreement without the site owner's consent is invalid unless the Tribunal has determined that consent is not required.

        206ZZE     Sub-letting by a site tenant

    (1)     A site tenant must not sub-let the whole or any part of a Part 4A site to which a site agreement applies without the site owner's written consent.

    (2)     A site owner must not unreasonably withhold consent to the sub-letting of the whole or a part of the Part 4A site.

    (3)     A sub-letting of the whole or a part of the Part 4A site without the site owner's consent is invalid unless the Tribunal has determined that consent is not required.

        206ZZF     Site tenant may apply to Tribunal

    (1)     A site tenant may apply to the Tribunal for a determination that the consent of the site owner to the assignment of a site agreement or the sub-letting of the whole or any part of a Part 4A site is not required if—

        (a)     the site owner withholds consent; and

        (b)     the site tenant believes that the withholding of the consent is unreasonable.

    (2)     The Tribunal may order that consent is not required.

206ZZG     Site owner cannot ask for fee for giving consent

    (1)     A site owner must not demand or receive a fee or payment for giving consent to the assignment of a site agreement or the sub-letting of the whole or any part of a Part 4A site.

Penalty:     20 penalty units.

    (2)     A site owner must not refuse to consent to an assignment of a site agreement or the sub-letting of the whole or any part of a Part 4A site on the ground that the site tenant has refused to pay a fee or amount for the consent.

Penalty:     20 penalty units.

    (3)     If the site tenant has paid the site owner a fee or amount for the consent to an assignment or sub-letting, the site tenant may apply to the Tribunal for an order that the site owner refund to the site tenant the amount of the payment.

    (4)     This section does not prevent a site owner from requiring the site tenant to bear any fees, costs or charges incurred by the site owner in connection with the preparation of a written assignment of a site agreement.

        206ZZH     Sale of Part 4A dwelling

    (1)     A site owner may enter into an agreement with a site tenant or former site tenant to sell a Part 4A dwelling on behalf of the site tenant or former site tenant.

    (2)     A site owner must not require a site tenant to enter into an agreement under subsection (1).

Penalty:     40 penalty units.

    (3)     A site owner who enters into an agreement to sell a Part 4A dwelling on behalf of a site tenant or former site tenant must not charge a commission for the sale unless the scale or amount of commission has been disclosed in accordance with section 206S.

Penalty:     10 penalty units.

    (4)     A site owner must not by act or omission obstruct or hinder the sale of a Part 4A dwelling by a site tenant.

Penalty:     60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.

Division 10—Rights of entry

        206ZZI     Entry of Part 4A site and Part 4A dwelling by site owner

    (1)     A site owner or a person appointed in writing as the site owner's agent for the purposes of this section has a right to enter a Part 4A site occupied by a site tenant—

        (a)     if the site tenant agrees at the time entry is sought; or

        (b)     if there is an emergency and immediate entry is necessary to save life or valuable property; or

        (c)     if the Tribunal has made an abandonment order under section 317W; or

        (d)     for a purpose set out in section 206ZZJ, at any time between 8 a.m. and 6 p.m. on any day (except a public holiday) if at least 24 hours notice has been given to the site tenant in accordance with section 206ZZL.

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    (2)     A site owner or a person appointed in writing as the site owner's agent for the purposes of this section has a right to enter a Part 4A dwelling occupied by a site tenant—

        (a)     if the site tenant agrees at the time entry is sought; or

        (b)     if there is an emergency and immediate entry is necessary to save life or valuable property; or

        (c)     if the Tribunal has made an abandonment order under section 317W.

        206ZZJ     Grounds for entry of Part 4A site

A right of entry in respect of a Part 4A site may be exercised if—

        (a)     before giving notice of entry, a notice to vacate or a notice of intention to vacate the Part 4A site has been given and entry is required to show the Part 4A site to a prospective site tenant; or

        (b)     the Part 4A site is to be sold or used as security for a loan and entry is required to show the Part 4A site to a prospective buyer or lender; or

        (c)     entry is required to enable the site owner to carry out a duty under this Act or any other Act; or

        (d)     the site owner or the site owner's agent has reasonable grounds to believe that the site tenant has failed to comply with his or her duties under this Act; or

        (e)     entry is required to enable inspection of the Part 4A site and entry for that purpose has not been made within the last 6 months.

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        206ZZK     Manner of entry

A person exercising a right of entry under this Division—

        (a)     must do so in a reasonable manner; and

        (b)     must not stay on the Part 4A site or in the Part 4A dwelling longer than is necessary to achieve the purpose of the entry without the site tenant's consent.

        206ZZL     What must be in a notice of entry?

A notice under this Division requiring entry must—

        (a)     be in writing; and

        (b)     state why the site owner or the site owner's agent wishes to enter; and

        (c)     be given—

              (i)     by post; or

              (ii)     by delivering it personally to the site tenant between the hours of 8 a.m. and 6 p.m.

        206ZZM     Site tenant has duty to permit entry

A site tenant has a duty to permit a person exercising a right of entry in accordance with this Division to enter the Part 4A site or Part 4A dwelling (as the case requires).

        206ZZN     What if damage is caused during entry?

    (1)     A site tenant may apply to the Tribunal for an order for compensation if the site owner or the site owner's agent causes damage to the site tenant's goods on the Part 4A site, including the Part 4A dwelling, when exercising a right of entry under this Division.

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    (2)     If an application is made under subsection (1), the Tribunal—

        (a)     may make an order for payment of any compensation that it thinks fit if it is satisfied that damage was caused to the site tenant's goods on the Part 4A site; or

        (b)     may refuse to make an order.

        206ZZO     What if a person exercising right of entry fails to comply with Division?    

    (1)     If the site owner or the site owner's agent has exercised a right of entry and in doing so fails to comply with this Division, the site tenant may apply to the Tribunal for an order restraining the site owner or the site owner's agent from exercising a right of entry under this Division for a specified period.

    (2)     If an application is made under subsection (1), the Tribunal—

        (a)     may make an order prohibiting the site owner or the site owner's agent from exercising a right of entry under this Division (except for a purpose set out in section 206ZZJ(c) or (d)) during the period specified in the order if it is satisfied that it is reasonable to do so; or

        (b)     may refuse to make an order.

        206ZZP     Offence relating to entering a site occupied by a site tenant

A site owner or a site owner's agent must not, without reasonable excuse, enter a Part 4A site or a Part 4A dwelling occupied by a site tenant otherwise than in accordance with this Division.

Penalty:     10 penalty units.

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