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RESIDENTIAL TENANCIES AMENDMENT ACT 2010 (NO. 67 OF 2010) - SECT 5 Definitions

RESIDENTIAL TENANCIES AMENDMENT ACT 2010 (NO. 67 OF 2010) - SECT 5

Definitions

    (1)     In section 3(1) of the Principal Act insert the following definitions—

""annexe "means a movable dwelling that—

        (a)     is attached to a registrable movable dwelling or unregistrable movable dwelling; and

        (b)     extends the habitable area of that dwelling;

"fixed term site agreement "means a site agreement for a fixed term;

Part 4A dwelling means a dwelling fully or partially owned by a site tenant—

        (a)     designed, built or manufactured to be transported from one place to another for use as a residence; or

        (b)     any other prescribed Part 4A dwelling—

but does not include—

        (c)     a registrable movable dwelling; or

        (d)     a registrable movable dwelling with an annexe attached; or

        (e)     a dwelling that was previously a registrable movable dwelling but that has been modified to the extent that it no longer satisfies the definition of a registrable movable dwelling, unless it was so modified before the commencement of section 5 of the Residential Tenancies Amendment Act 2010 ;

Part 4A park means an area of land where—

        (a)     sites of land are available for occupation under a site agreement; and

        (b)     Part 4A dwellings may be situated on those sites; and

        (c)     common areas or facilities are available for the use of a person occupying a Part 4A site—

and includes a caravan park if the caravan park contains Part 4A sites;

Part 4A site means a site that is available for occupation under a site agreement;

"periodic site agreement "means a site agreement other than a fixed term site agreement;

registrable movable dwelling means a movable dwelling that is or has been registered or is required to be registered under the Road Safety Act 1986 ;

site agreement means an agreement under which a person lets land as a Part 4A site for the purposes of the occupation of a Part 4A dwelling on that land by the Part 4A dwelling owner as a residence;

"site agreement provisions "means any provisions of this Act to the extent to which they apply to a Part 4A site, a Part 4A dwelling, a site owner or a site tenant;

"site owner "means the person by whom a Part 4A site—

        (a)     is let under a site agreement; or

        (b)     is to be let under a proposed site agreement;

"site tenant" means the person to whom a Part 4A site—

        (a)     is let under a site agreement; or

        (b)     is to be let under a proposed site agreement;

"unregistrable movable dwelling" means a movable dwelling that—

        (a)     is constructed on a chassis or in prefabricated sections; and

        (b)     once installed, is a freestanding dwelling with solid walls and roof; and

        (c)     is not a registrable movable dwelling.".

    (2)     In section 3(1) of the Principal Act, in the definition of "bond"—

        (a)     in paragraph (b), for "residency;" substitute "residency; or";

        (b)     after paragraph (b) insert

    "(c)     an amount paid or payable by a site tenant to secure his or her performance and observance of the site agreement or any of the provisions of this Act relating to the site agreement;".

    (3)     In section 3(1) of the Principal Act, in the definition of "common area"

        (a)     for "tenants or residents" substitute "tenants, residents or site tenants";

        (b)     for "room or site" substitute "room, site or Part 4A site".

    (4)     In section 3(1) of the Principal Act, in the definition of "facilities"—

        (a)     in paragraph (l), for "tenants or residents" substitute "tenants, residents or site tenants";

        (b)     for "tenant or resident" substitute "tenant, resident or site tenant";

        (c)     for "room or site" substitute "room, site or Part 4A site".

    (5)     In section 3(1) of the Principal Act, in the definition of "rent"—

        (a)     in paragraph (c), for "services—" substitute "services; or";

        (b)     after paragraph (c) insert

    "(d)     in relation to a site agreement, the amount paid to a site owner by a site tenant to occupy a Part 4A site and use facilities and services—".

        (c)     for "109A or 162" substitute "109A, 162 or 206ZE".

    (6)     In section 3(1) of the Principal Act, in paragraph (b) of the definition of resident after "person" insert "(other than a site tenant)".

    (7)     In section 3(1) of the Principal Act, in the definition of "visitor"—

        (a)     in paragraph (c), for "the resident." substitute "the resident; and";

        (b)     after paragraph (c) insert

    "(d)     a site tenant, means a person on a Part 4A site or in a Part 4A dwelling or Part 4A park with the permission of the site tenant.".