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RESIDENTIAL TENANCIES AMENDMENT BILL 2011

This is a Bill, not an Act. For current law, see the Acts databases.


RESIDENTIAL TENANCIES AMENDMENT BILL 2011

                    Western Australia


Residential Tenancies Amendment Bill 2011

                       CONTENTS


       Part 1 -- Preliminary
 1.    Short title                                      2
 2.    Commencement                                     2
 3.    Act amended                                      2
       Part 2 -- General amendments
 4.    Long title amended                               3
 5.    Section 3 amended                                3
 6.    Section 5 amended                                5
 7.    Section 7 amended                                6
 8.    Section 9 amended                                7
 9.    Section 10 amended                               8
 10.   Section 11A amended                              9
 11.   Section 13 amended                               9
 12.   Section 13A amended                              9
 13.   Section 15 amended                               9
 14.   Section 16 amended                              10
 15.   Section 17A inserted                            11
       17A.     Disputes between tenants          11
 16.   Section 17 amended                              11
 17.   Section 19 amended                              12
 18.   Section 20 amended                              13
 19.   Section 22 amended                              13
 20.   Section 23 amended                              15
 21.   Part IV heading replaced                        16
       Part IV -- Residential tenancy agreements
 22.   Part IV Division 1A inserted                    16




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             Division 1A -- Form of residential tenancy
                    agreement and associated documents
             27A.      Written residential tenancy agreement to
                       be in prescribed form                         16
             27B.      Information to be given to tenant by lessor   16
             27C.      Property condition report at start and end
                       of tenancy                                    17
      23.    Section 27 amended                                           18
      24.    Section 28 amended                                           19
      25.    Section 29 amended                                           19
      26.    Section 29A deleted                                          22
      27.    Section 30 amended                                           22
      28.    Sections 31A and 31B inserted                                23
             31A.      Variation of rent where calculated by
                       reference to tenant's income                  23
             31B.      Increase in rent after renegotiating lease    23
      29.    Section 31 amended                                           24
      30.    Section 32 amended                                           24
      31.    Section 33 amended                                           25
      32.    Section 34A inserted                                         26
             34A.      Manner of payment of rent                     26
      33.    Section 34 amended                                           26
      34.    Section 35 amended                                           27
      35.    Part IV Division 2 heading amended                           27
      36.    Section 37 deleted                                           27
      37.    Section 38 amended                                           27
      38.    Section 39 amended                                           28
      39.    Section 40 replaced                                          28
             40.       Vacant possession                             28
      40.    Section 41 amended                                           29
      41.    Sections 42 to 46 replaced                                   29
             42.       Lessor's responsibility for cleanliness and
                       repairs                                       29
             43.       Urgent repairs                                30
             44.       Quiet enjoyment                               32
             45.       Securing premises                             32
             46.       Lessor's right of entry                       33
      42.    Section 47 amended                                           35
      43.    Section 48 amended                                           36
      44.    Section 49A inserted                                         37
             49A.      Lessor's and tenant's responsibilities in
                       respect of public utility services            37
      45.    Section 49 amended                                           38
      46.    Section 50 amended                                           39


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47.   Part IV Division 3 heading inserted                            39
      Division 3 -- General
48.   Section 51 replaced                                            39
      51.      Tenant to be notified of lessor's name and
               address                                        39
49.   Section 52 amended                                             40
50.   Section 53 replaced                                            41
      53.      Tenant's name, place of employment and
               forwarding address                             41
51.   Section 54 amended                                             41
52.   Section 55 replaced                                            42
      55.      Cost of written agreement to be borne by
               lessor                                         42
53.   Section 56 amended                                             43
54.   Section 57 amended                                             43
55.   Section 58 amended                                             44
56.   Sections 59A to 59F inserted                                   44
      59A.     Minors                                         44
      59B.     Death of one of 2 or more tenants              44
      59C.     Recognition of certain persons as tenants      45
      59D.     Tenant compensation bonds                      46
      59E.     Interference with quiet enjoyment              47
      59F.     Offences relating to security of residential
               premises                                       47
57.   Part V Division 1 heading inserted                             48
      Division 1 -- How residential tenancy agreements
             are terminated
58.   Section 59 deleted                                             48
59.   Section 60 amended                                             48
60.   Part V Division 2 heading inserted                             49
      Division 2 -- Notices of termination
61.   Section 61 replaced                                            49
      61.      Form of notice of termination by lessor        49
62.   Section 62 amended                                             50
63.   Sections 63 and 64 replaced                                    50
      63.      Notice of termination by lessor who has
               entered into contract of sale                  50
      64.      Notice of termination by lessor without any
               ground                                         51
64.   Section 65 amended                                             52
65.   Section 66 amended                                             52
66.   Section 68 amended                                             52
67.   Section 69 amended                                             53
68.   Section 70A inserted                                           53

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             70A.      Notice of termination by lessor or tenant at
                       end of fixed term tenancy                      53
      69.    Part V Division 4 heading inserted                            55
             Division 4 -- Orders for termination of residential
                    tenancy agreement
      70.    Section 71 amended                                            55
      71.    Section 72 amended                                            56
      72.    Section 73 amended                                            57
      73.    Section 74 amended                                            57
      74.    Sections 76A and 76B, Part V Division 5 heading
             and section 76C inserted                                      57
             76A.      Termination of agreement by lessor if
                       premises abandoned                             57
             76B.      Dispute about s. 76A notice                    58
             Division 5 -- General
             76C.      Fixed term tenancies continued as
                       periodic tenancies                             59
      75.    Section 77 replaced                                           59
             77.       Abandonment of premises                        59
             78A.      Order about abandonment                        60
             78B.      Review of abandonment order                    61
      76.    Section 79 amended                                            61
      77.    Section 80A inserted                                          64
             80A.      Abandoned documents                            64
      78.    Section 80 amended                                            66
      79.    Section 81 replaced                                           66
             81A.      Mortgagee repossessions of rented
                       properties                                     66
             81B.      Notice of proposed recovery of premises
                       by person with superior title                  68
             81.       Order for tenancy against person with
                       superior title                                 69
      80.    Section 82 amended                                            70
      81.    Section 85 amended                                            71
      82.    Sections 86 and 87A inserted                                  72
             86.       Court may refer matter to Commissioner
                       for investigation                              72
             87A.      Defence where lessor and property
                       manager are both charged with the same
                       offence                                        72
      83.    Section 88A inserted                                          73
             88A.      Infringement notices                           73
      84.    Section 88 amended                                            75
      85.    Section 90 amended                                            76
      86.    Part VII inserted                                             76

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      Part VII -- Savings and transitional provisions
             relating to the Residential Tenancies
             Amendment Act 2011
      Division 1 -- Contracting out
      91.       Savings in relation to contracting out of
                standard terms                                 76
      Division 2 -- Security bonds held in AFI
      92.       Terms used                                     77
      93.       All security bonds to be transferred to the
                bond administrator after renewal of
                agreement or within 18 months                  77
      94.       Requirements for AFI holding security
                bonds                                          78
      95.       Power of Commissioner to obtain
                information relating to AFI security bond
                accounts                                       79
      96.       Disposal of security bond held in AFIs         81
      Division 3 -- Residential tenancy databases
      97.       Application of Part VIA to listings existing
                before commencement                            82
87.   Schedule 1 amended                                              83
      Schedule 1 -- Provisions relating to holding and
           disposal of bonds and income from bonds
      Division 1 -- General
      Division 2 -- Security bonds
      5A.       Security bond moneys to be paid to bond
                administrator                                  87
      Division 3 -- Tenant compensation bonds
      9.        Application of Division                        90
      10.       Disposal of tenant compensation bond to
                tenant by bond administrator                   90
      11.       Disposal of tenant compensation bond to
                lessor by bond administrator                   91
88.   Various references to "agreement" amended                       92
89.   Various references to "owner" amended                           93
      Part 3 -- Amendments relating to
           terminating social housing
           tenancy agreements
90.   Section 3 amended                                               97
91.   Section 60 amended                                              97
92.   Part V Division 3 inserted                                      97



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             Division 3 -- Special provisions about terminating
                    social housing tenancy agreements
             Subdivision 1 -- Preliminary
             71A.      Terms used                                       97
             71B.      Application of Division                          98
             Subdivision 2 -- Notice of termination where tenant
                   not eligible for social housing premises
             71C.      Notice of termination by lessor on ground
                       that tenant not eligible for social housing
                       premises                                         98
             71D.      Assessment of tenants eligibility for social
                       housing premises                                 99
             71E.      Criteria for assessing eligibility of tenants
                       for social housing premises under
                       section 71D                                      99
             71F.      Review of decision to give notice on
                       ground that tenant not eligible for social
                       housing premises                                100
             71G.      Time periods to be observed where notice
                       of termination given under this Subdivision     101
             Subdivision 3 -- Notice of termination where tenant
                   offered alternative social housing premises
             71H.      Notice of termination by lessor where
                       tenant offered alternative social housing
                       premises                                        102
             71I.      Review of decision to give notice on
                       ground that tenant offered alternative
                       social housing premises                         102
             71J.      Time periods to be observed where notice
                       of termination given under this Subdivision     104
      93.    Section 71 amended                                              105
      94.    Section 73A inserted                                            107
             73A.      Notice of termination not required in
                       certain cases                                   107
      95.    Section 75A inserted                                            108
             75A.      Termination of social housing tenancy
                       agreement due to objectionable behaviour        108

             Part 4 -- Amendments relating to
                  residential tenancy databases
      96.    Part VIA inserted                                               110
             Part VIA -- Residential tenancy databases
             Division 1 -- Preliminary
             82A.      Terms used                                      110
             82B.      Application of Part                             112


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       Division 2 -- Tenancy database information
       82C.      Notice of usual use of database             112
       82D.      Notice of listing if database used          114
       82E.      Listing can be made only for particular
                 breaches by particular persons              115
       82F.      Further restriction on listing              115
       82G.      Ensuring quality of listing -- lessor's or
                 agent's obligation                          116
       82H.      Ensuring quality of listing -- database
                 operator's obligation                       117
       82I.      Providing copy of personal information
                 listed                                      118
       82J.      Disputes about listings                     118
       82K.      Keeping personal information listed         119

       Part 5 -- Amendments to other Acts
       Division 1 -- Disposal of Uncollected Goods
             Act 1970 amended
97.    Act amended                                                  122
98.    Schedule amended                                             122
       Division 2 -- Housing Act 1980 amended
99.    Act amended                                                  122
100.   Section 62G amended                                          122
       Division 3 -- Magistrates Court (Civil
             Proceedings) Act 2004 amended
101.   Act amended                                                  123
102.   Section 7 amended                                            123
       Division 4 -- Rates and Charges (Rebates and
             Deferments) Act 1992 amended
103.   Act amended                                                  123
104.   Section 29B amended                                          123
       Division 5 -- Residential Parks (Long-stay
             Tenants) Act 2006 amended
105.   Act amended                                                  124
106.   Section 22 amended                                           124
107.   Glossary amended                                             124
108.   Various references to "Fund" changed to
       "Account"                                                    125




                                                                    page vii
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)


   Residential Tenancies Amendment Bill 2011


                               A Bill for


An Act to amend the Residential Tenancies Act 1987 and to
consequentially amend various other Acts.



The Parliament of Western Australia enacts as follows:




                                                            page 1
     Residential Tenancies Amendment Bill 2011
     Part 1          Preliminary

     s. 1



1                           Part 1 -- Preliminary
2    1.       Short title
3             This is the Residential Tenancies Amendment Act 2011.

4    2.       Commencement
5             This Act comes into operation as follows --
6              (a) sections 1 and 2 -- on the day on which this Act
7                    receives the Royal Assent;
8              (b) the rest of the Act -- on a day fixed by proclamation,
9                    and different days may be fixed for different provisions.

10   3.       Act amended
11            This Act amends the Residential Tenancies Act 1987.




     page 2
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                                             General amendments          Part 2

                                                                                 s. 4



1                        Part 2 -- General amendments
2    4.         Long title amended
3               In the long title delete "owners" and insert:
4

5               lessors
6


7    5.         Section 3 amended
8         (1)   In section 3 delete the definitions of:
9               owner
10              tenant
11        (2)   In section 3 insert in alphabetical order:
12

13                    bond means a security bond or a tenant compensation
14                    bond;
15                    bond administrator means the Commissioner as
16                    defined in the Fair Trading Act 2010 section 6;
17                    expiry day, in relation to a residential tenancy
18                    agreement that creates a tenancy for a fixed term,
19                    means the day on which the residential tenancy
20                    agreement would (but for the operation of this Act)
21                    upon its terms have terminated by effluxion of time or
22                    the happening of an event;
23                    lessor --
24                      (a) means a person who grants the right to occupy
25                            residential premises under a residential tenancy
26                            agreement; and
27                      (b) includes --
28                              (i) a personal representative, successor or
29                                    assignee of a lessor; and



                                                                           page 3
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     Part 2          General amendments

     s. 5



1                           (ii)   where the context requires, a
2                                  prospective, or former, lessor;
3                  property manager means a person who is --
4                    (a) licensed under the Real Estate and Business
5                          Agents Act 1978; and
6                    (b) in relation to a residential tenancy agreement,
7                          the agent of the lessor of the premises to which
8                          the agreement relates;
9                  reasonable grounds, for suspecting that a tenant has
10                 abandoned residential premises, means that the tenant
11                 has failed to pay rent under the residential tenancy
12                 agreement and that at least one of the following has
13                 occurred --
14                   (a) the presence at the premises of uncollected
15                         mail, newspapers or other material;
16                   (b) reports from neighbours of the tenant or from
17                         other persons indicating the tenant has
18                         abandoned the premises;
19                   (c) the absence of household goods at the premises;
20                   (d) the disconnection of services (including gas,
21                         electricity and telephone) to the premises;
22                 Rental Accommodation Account means the Rental
23                 Accommodation Account established under Schedule 1
24                 clause 3;
25                 tenant --
26                   (a) means a person who is granted a right of
27                         occupancy of residential premises under a
28                         residential tenancy agreement; and
29                   (b) includes, where the context requires, a
30                         prospective, or former, tenant;
31                 tenant compensation bond means a bond referred to in
32                 section 59D(2).
33



     page 4
                                      Residential Tenancies Amendment Bill 2011
                                             General amendments          Part 2

                                                                                 s. 6



1         (3)   In section 3 in the definition of residential tenancy agreement
2               before "whether express" insert:
3

4               whether or not in writing and
5

6         (4)   In section 3 in the definition of security bond delete "his" and
7               insert:
8

9               the tenant's
10


11   6.         Section 5 amended
12        (1)   In section 5(2):
13                (a) delete "agreement --" and insert:
14

15                      agreement in any of the following circumstances --
16

17               (b)    in paragraph (a) delete "premises;" and insert:
18

19                             premises, unless the period of the tenancy is
20                             one month or longer;
21

22                (c)   in paragraph (f) delete "as owner," and insert:
23

24                      as lessor,
25

26               (d)    in paragraph (f) delete "Crown; or" and insert:
27

28                      Crown;
29




                                                                               page 5
     Residential Tenancies Amendment Bill 2011
     Part 2          General amendments

     s. 7



1         (2)   In section 5(3):
2                 (a) delete "to --" and insert:
3

4                      to any of the following --
5

6                (b)   delete paragraph (b) and insert:
7

8                      (b)    accommodation for students provided --
9                               (i) by an educational institution; or
10                             (ii) by an entity, other than the educational
11                                    institution, if the accommodation is
12                                    provided other than for the purpose of
13                                    making a profit,
14                            unless the accommodation is prescribed, or is
15                            of a class prescribed, for the purposes of this
16                            paragraph;
17                     (ca)   any part of a hospital or nursing home;
18

19               (c)   delete paragraph (d) and insert:
20

21                     (d)    any premises used to provide residential care to
22                            approved care recipients by an approved
23                            provider as defined in the Aged Care Act 1997
24                            (Commonwealth);
25


26   7.         Section 7 amended
27              In section 7(3):
28                (a) in paragraph (b) delete "his" and insert:
29

30                     the lessor's
31




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                                          Residential Tenancies Amendment Bill 2011
                                                 General amendments          Part 2

                                                                                      s. 8



1                  (b)     delete "apply, notwithstanding section 29(4) -- " and
2                          insert:
3

4                          apply --
5

6                  (c)     in paragraph (c) delete "in accordance with either
7                          paragraph (a) or (b) of clause 2(1) of Schedule 1;" and
8                          insert:
9

10                         to the bond administrator;
11

12                 (d)     in paragraph (d) delete "agreement; and" and insert:
13

14                         agreement;
15

16                 (e)     delete paragraph (e) and insert:
17

18                         (e)   any amount paid to the bond administrator must
19                               be credited to the Rental Accommodation
20                               Account and is to be taken, for the purposes of
21                               this Act, to have been paid under
22                               section 29(4)(b).
23

24               Note: The heading to amended section 7 is to read:

25                       Transitional provisions relating to the commencement of this Act

26   8.          Section 9 amended
27        (1)    Before section 9(1) insert:
28

29              (1A)     In this section --
30                       party, in relation to a residential tenancy agreement,
31                       means a lessor or tenant under that agreement.
32



                                                                                   page 7
     Residential Tenancies Amendment Bill 2011
     Part 2          General amendments

     s. 9



1         (2)   In section 9(2) delete "he" and insert:
2

3               the Commissioner
4

5         (3)   In section 9(3)(b) delete "him" and insert:
6

7               the Commissioner
8

9         (4)   In section 9(4)(e) delete "his" and insert:
10

11              the party's
12

13        (5)   In section 9(5) delete "he" and insert:
14

15              the Commissioner
16

17        (6)   In section 9(6) delete "he" and insert:
18

19              the Commissioner
20

21        (7)   Delete section 9(10).

22   9.         Section 10 amended
23              In section 10 delete "his" and insert:
24

25              the Commissioner's
26




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                                        Residential Tenancies Amendment Bill 2011
                                               General amendments          Part 2

                                                                               s. 10



1    10.         Section 11A amended
2                In section 11A(1) delete the Penalty and insert:
3

4                      Penalty: a fine of $20 000.
5


6    11.         Section 13 amended
7                In section 13(5) delete "he" and insert:
8

9                the plaintiff
10


11   12.         Section 13A amended
12         (1)   In section 13A(3) delete "situated but, with the consent of the
13               parties, may be made to the court at any other place." and insert:
14

15               situated.
16

17         (2)   After section 13A(3) insert:
18

19               (4)   Subsection (3) does not prevent the Magistrates Court
20                     from making an order under the Magistrates Court
21                     (Civil Proceedings) Act 2004 section 22 that
22                     proceedings under this Act are to be conducted at
23                     another place in the State.
24


25   13.         Section 15 amended
26         (1)   In section 15(1) delete "he" and insert:
27

28               the lessor or tenant
29



                                                                            page 9
     Residential Tenancies Amendment Bill 2011
     Part 2          General amendments

     s. 14



1          (2)   In section 15(4):
2                  (a) delete "an agreement," and insert:
3

4                        a residential tenancy agreement,
5

6                 (b)    after "by the" insert:
7

8                        lessor or
9

10         (3)   After section 15(4) insert:
11

12               (5)    The court may order that a person be joined as a party
13                      to the proceedings if the court considers that --
14                        (a) the person ought to be bound by, or have the
15                              benefit of, a decision of the court in the
16                              proceedings; or
17                        (b) the person's interests are affected by the
18                              proceedings; or
19                        (c) for any other reason it is desirable that the
20                              person be joined as a party.
21               (6)    The court may make an order under subsection (5) on
22                      the application of any person or on its own initiative.
23


24   14.         Section 16 amended
25               In section 16(1) delete the Penalty and insert:
26

27                      Penalty: a fine of $10 000.
28




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                                       Residential Tenancies Amendment Bill 2011
                                              General amendments          Part 2

                                                                              s. 15



1    15.         Section 17A inserted
2                After section 16 insert:
3


4            17A.      Disputes between tenants
5                (1)   Where 2 or more tenants under a residential tenancy
6                      agreement are jointly liable under the agreement to pay
7                      an amount to the lessor and one of the tenants (the first
8                      tenant) pays another tenant's portion of that amount,
9                      the first tenant may apply to a competent court for an
10                     order that the other tenant pay to the first tenant the
11                     other tenant's portion.
12               (2)   The court hearing the application may --
13                      (a) make the order referred to in subsection (1);
14                            and
15                      (b) order the payment of compensation to the first
16                            tenant by the other tenant for loss or injury,
17                            other than personal injury, caused by a failure
18                            by the other tenant to pay that tenant's portion
19                            of the amount referred to in subsection (1); and
20                      (c) make such ancillary or incidental order as the
21                            court considers appropriate.
22


23   16.         Section 17 amended
24         (1)   In section 17(1):
25                 (a) delete "the court that heard and determined the
26                       proceedings" and insert:
27

28                       a competent court
29




                                                                           page 11
     Residential Tenancies Amendment Bill 2011
     Part 2          General amendments

     s. 17



1                 (b)    delete "his" and insert:
2

3                        the person's
4

5          (2)   In section 17(2) delete "within 14 days of " and insert:
6

7                within 14 days after
8


9    17.         Section 19 amended
10         (1)   In section 19(1)(b):
11                 (a) in subparagraph (ii) delete "he" and insert:
12

13                       the person
14

15                (b)    in subparagraph (ii) delete "him" and insert:
16

17                       the person
18

19                 (c)   in subparagraph (iii) delete "he" and insert:
20

21                       the person
22

23                (d)    in subparagraph (iii) delete "him" and insert:
24

25                       the person
26

27         (2)   In section 19(2):
28                 (a) delete "him" and insert:
29

30                       the person
31


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                                         Residential Tenancies Amendment Bill 2011
                                                General amendments          Part 2

                                                                                  s. 18



1                   (b)    delete the Penalty and insert:
2

3                         Penalty: a fine of $10 000.
4


5    18.          Section 20 amended
6                 In section 20(f) delete "application or other step in respect of
7                 proceedings must be made or" and insert:
8

9                 action must be
10


11   19.          Section 22 amended
12         (1)    Before section 22(1) insert:
13

14               (1A)     In this section --
15                        proceedings means proceedings under this Act other
16                        than proceedings for an offence against this Act.
17

18         (2)    In section 22(1) delete "his" (each occurrence) and insert:
19

20                the party's
21

22         (3)    Delete section 22(2) and insert:
23

24                (2)     A party to any proceedings may be represented or
25                        assisted by an agent in the presentation of the party's
26                        case if the agent is authorised by the party to do so and
27                        is --
28                          (a) the property manager of the premises the
29                                 subject of the proceedings; or



                                                                               page 13
     Residential Tenancies Amendment Bill 2011
     Part 2          General amendments

     s. 19



1                       (b)   employed or engaged by a non-profit
2                             association or similar body to act as an
3                             advocate for tenants or lessors in proceedings.
4             (3A)     The authorisation must --
5                       (a) be made in writing in a form approved by the
6                             Minister; and
7                       (b) be lodged with the court together with the
8                             application, or response to the application, to
9                             which the proceedings relate, as the case
10                            requires.
11

12      (4)    In section 22(3):
13               (a) delete "if --" and insert:
14

15                      if any of the following applies --
16

17               (b)    in paragraph (d) delete "appear personally or conduct
18                      the proceedings properly himself; or" and insert:
19

20                            conduct the proceedings without representation
21                            by a legal practitioner;
22

23      (5)    In section 22(4):
24               (a) in paragraph (a) delete "he" and insert:
25

26                      the officer or employee
27

28               (b)    in paragraph (b) delete "his" and insert:
29

30                      the person's
31




     page 14
                                        Residential Tenancies Amendment Bill 2011
                                               General amendments          Part 2

                                                                             s. 20



1          (6)   In section 22(5):
2                  (a) in paragraphs (a) and (b) delete "he" and insert:
3

4                         the person
5

6                 (b)     delete paragraph (c) and insert:
7

8                         (c)   where the party is a lessor, the person is a
9                               property manager of the premises the subject of
10                              the proceedings.
11

12                 (c)    delete the Penalty and insert:
13

14                       Penalty: a fine of $5 000.
15

16                (d)     after paragraph (a) insert:
17

18                        or
19


20   20.         Section 23 amended
21         (1)   In section 23(1)(a) delete "his" and insert:
22

23               the party's
24

25         (2)   In section 23(2) delete "he" and insert:
26

27               the judicial officer
28




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     Residential Tenancies Amendment Bill 2011
     Part 2          General amendments

     s. 21



1          (3)    After section 23(3) insert:
2

3                 (4)   The order is valid despite any inconsistency with
4                       Part IV or V.
5


6    21.          Part IV heading replaced
7                 Delete the heading to Part IV and insert:
8


9                  Part IV -- Residential tenancy agreements
10


11   22.          Part IV Division 1A inserted
12                At the beginning of Part IV insert:
13


14               Division 1A -- Form of residential tenancy agreement
15                            and associated documents
16           27A.       Written residential tenancy agreement to be in
17                      prescribed form
18                      A lessor must not enter into a written residential
19                      tenancy agreement except in the prescribed form.
20                      Penalty: a fine of $5 000.

21           27B.       Information to be given to tenant by lessor
22                      A lessor must give a copy of the information (if any)
23                      prescribed for the purposes of this section to each
24                      tenant --
25                        (a) in the case of a written residential tenancy
26                              agreement, at the time of entering into the
27                              agreement; or



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1             (b)   in any other case, within 14 days after the
2                   tenant has taken possession of the residential
3                   premises.
4            Penalty: a fine of $5 000.

5    27C.    Property condition report at start and end of
6            tenancy
7      (1)   A lessor must, within 7 days after a tenant has entered
8            into occupation of residential premises under a
9            residential tenancy agreement --
10             (a) prepare a report describing the condition of the
11                   premises; and
12             (b) provide 2 copies of the report to the tenant.
13           Penalty: a fine of $5 000.
14     (2)   A tenant given copies of a report under
15           subsection (1)(b) who disagrees with any information
16           in the report must, within 7 days of receiving the
17           copies --
18             (a) mark a copy in a manner that shows the
19                    information with which the tenant disagrees;
20                    and
21             (b) give the copy back to the lessor.
22     (3)   If the tenant does not give a copy of the report back to
23           the lessor under subsection (2), the tenant is to be taken
24           to accept the report as a true and accurate description
25           of the condition of the residential premises.
26     (4)   A lessor must, as soon as practicable, and in any event
27           within 14 days, after the termination of a tenancy --
28            (a) conduct an inspection of the residential
29                   premises; and
30            (b) prepare a final report describing the condition
31                   of the premises; and


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1                         (c) provide a copy of the report to the tenant.
2                        Penalty: a fine of $5 000.
3                (5)     The tenant is to be given a reasonable opportunity to be
4                        present at the inspection conducted under
5                        subsection (4)(a).
6                (6)     The regulations may prescribe information that must be
7                        included in a property condition report.
8


9    23.         Section 27 amended
10         (1)   In section 27(1):
11                 (a) delete "or prospective tenant";
12                 (b) delete "consideration for or in relation to entering into,
13                       renewing, extending or continuing" and insert:
14

15                        amount for or in relation to
16

17                 (c)    delete the Penalty and insert:
18

19                       Penalty: a fine of $5 000.
20

21         (2)   Delete section 27(2)(a) and insert:
22

23                        (a)   any amount, not exceeding a prescribed
24                              amount, required or received as consideration
25                              for an option to enter into a residential tenancy
26                              agreement if --
27                                (i) upon the option being exercised, the
28                                      amount is refunded in cash or applied
29                                      towards the rent payable under the
30                                      agreement; or



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                                                                                  s. 24



1                                (ii)   upon the option being refused, and
2                                       within 7 days of the decision to refuse
3                                       the option, the amount is refunded in
4                                       cash, by electronic means or in any
5                                       other prescribed way;
6                               and
7

8    24.          Section 28 amended
9          (1)    In section 28(1) delete the Penalty and insert:
10

11                      Penalty: a fine of $5 000.
12

13         (2)    Delete section 28(2) and insert:
14

15                (2)   A person must not require any payment of rent (other
16                      than the first payment) under a residential tenancy
17                      agreement --
18                        (a) until the period of the tenancy in respect of
19                              which any previous payment has been made has
20                              elapsed; and
21                        (b) unless the amount does not exceed 2 weeks'
22                              rent.
23                      Penalty: a fine of $5 000.
24

25   25.          Section 29 amended
26         (1)    Before section 29(1) insert:
27

28               (1A)   In this section, unless the contrary intention appears --
29                      pet does not include a guide dog as defined in the Dog
30                      Act 1976 section 3(1);
31                      security bond includes an instalment of a security
32                      bond.

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     s. 25



1

2       (2)    In section 29(1):
3                (a) delete paragraph (b)(ii) and insert:
4

5                               (ii)   if the tenant is permitted to keep on the
6                                      premises any pet capable of carrying
7                                      parasites that can affect humans -- a
8                                      prescribed amount to meet the cost of
9                                      any fumigation of the premises that may
10                                     be required on the termination of the
11                                     tenancy.
12

13               (b)    delete the Penalty and insert:
14
15                     Penalty: a fine of $5 000.
16

17      (3)    Delete section 29(2) and insert:
18
19            (2A)     Subsection (1)(a) does not prevent a person from
20                     receiving a security bond in instalments.
21             (2)     Subsection (1)(b) does not apply in relation to a
22                     residential tenancy agreement where the weekly rate of
23                     rent payable under the agreement exceeds a prescribed
24                     amount.
25

26      (4)    In section 29(4):
27               (a) delete paragraphs (b) and (c) and insert:
28
29                      (b)   shall pay the amount of the bond to the bond
30                            administrator in accordance with Schedule 1
31                            clause 5A; and
32                      (c)   shall, at the time of making the payment
33                            referred to in paragraph (b), lodge with the



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                                                                          s. 25



1                        bond administrator a record in a form approved
2                        by the Minister relating to the payment.
3

4           (b)    delete paragraph (d);
5           (c)    delete the Penalty and insert:
6

7                 Penalty: a fine of $20 000.
8

9           (d)    after paragraph (a) insert:
10

11                 and
12

13   (5)   Delete section 29(5).
14   (6)   In section 29(6):
15           (a) after "false" insert:
16

17                 or misleading
18

19          (b)    delete the Penalty and insert:
20

21                Penalty: a fine of $5 000.
22

23   (7)   After section 29(6) insert:
24

25         (7)    The bond administrator must pay the amount of the
26                security bond in accordance with Schedule 1 clause 5.
27         (8)    A lessor and property manager must ensure that an
28                application form referred to in Schedule 1
29                clause 5(1)(a) is not signed by a tenant unless --
30                  (a) the residential tenancy agreement to which the
31                        security bond relates has terminated; and



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     s. 26



1                          (b)  any amount of the security bond to be paid to
2                               the lessor or tenant is stipulated on the form.
3                        Penalty: a fine of $5 000.
4


5    26.         Section 29A deleted
6                Delete section 29A.

7    27.         Section 30 amended
8          (1)   In section 30(1):
9                  (a) delete "section," and insert:
10

11                       section and except where rent payable under a
12                       residential tenancy agreement is calculated by
13                       reference to the tenant's income,
14

15                 (b)     delete "notice in writing to the tenant" and insert:
16

17                       written notice to the tenant, in a form approved by the
18                       Minister,
19

20         (2)   In section 30(2)(a) delete "the agreement provides that the rent
21               may increase or be increased; and" and insert:
22

23                                the amount of the increase, or the method of
24                                calculating the amount of the increase, is set out
25                                in the agreement; and
26

27               Note: The heading to amended section 30 is to read:

28                       Variation of rent (except where calculated by reference to tenant's
29                       income)




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                                                                          s. 28



1    28.     Sections 31A and 31B inserted
2            After section 30 insert:
3


4          31A.    Variation of rent where calculated by reference to
5                  tenant's income
6            (1)   Where rent payable under a residential tenancy
7                  agreement is calculated by reference to the tenant's
8                  income, the method by which the rent is calculated by
9                  reference to that income may be changed by the lessor
10                 in accordance with this section but otherwise the rent
11                 must not increase or be increased.
12           (2)   The method may be changed by notice in writing to the
13                 tenant, in a form approved by the Minister,
14                 specifying --
15                   (a) the change to the method; and
16                   (b) the day as from which the change will take
17                         effect, being a day --
18                            (i) not less than 60 days after the day on
19                                 which the notice is given; and
20                           (ii) not less than 6 months after the day on
21                                 which the tenancy commenced, or, if the
22                                 means of calculating rent has been
23                                 changed under this section, the day on
24                                 which it was last so changed.

25         31B.    Increase in rent after renegotiating lease
26                 If --
27                   (a)   a residential tenancy agreement creates a
28                         tenancy for a fixed term (the former
29                         agreement); and
30                   (b)   the parties enter into a new residential tenancy
31                         agreement in relation to the same premises (the


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     Residential Tenancies Amendment Bill 2011
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     s. 29



1                              new agreement) that is to commence
2                              immediately after the end of the term of the
3                              former agreement, whether under the terms of
4                              the agreement or under section 76C,
5                      then, during the first 30 days after the new agreement
6                      was entered into, the tenant cannot be required under
7                      the new agreement to pay an amount of rent more than
8                      the amount payable under the former agreement.
9


10   29.         Section 31 amended
11               In section 31(1)(b) delete "12 months" and insert:
12

13               6 months
14


15   30.         Section 32 amended
16         (1)   Delete section 32(2) and insert:
17

18               (2)   An application under subsection (1) must be made not
19                     more than 30 days, or any greater period as the court
20                     thinks fit having regard to the justice and merits of the
21                     case, after --
22                       (a) the tenant has received notice of --
23                                (i) an increase in the rent payable; or
24                               (ii) a change in the method of calculating
25                                     rent that results in an increase in the rent
26                                     payable;
27                             or
28                       (b) there has been, without any default on the part
29                             of the tenant, a significant reduction in the
30                             chattels or facilities provided with the premises.



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                                                                                    s. 31



1                (3A)     An application under subsection (1) may be made
2                         despite the fact that the tenant has paid, or agreed to
3                         pay, the rent to which the application relates.
4

5          (2)    In section 32(4) delete "not being" and insert:
6

7                 which may be a day
8

9          (3)    In section 32(7) delete the Penalty and insert:
10

11                        Penalty: a fine of $5 000.
12


13   31.          Section 33 amended
14         (1)    In section 33(1):
15                  (a) delete "within 3 days of " and insert:
16

17                         within 3 days after
18

19                  (b)    delete "give, or cause to be prepared and given, to" and
20                         insert:
21

22                         give to
23

24                  (c)    delete the Penalty and insert:
25

26                        Penalty: a fine of $5 000.
27

28         (2)    In section 33(2) delete "of the Commonwealth" and insert:
29

30                (Commonwealth)
31


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     s. 32



1    32.          Section 34A inserted
2                 After section 33 insert:
3


4            34A.         Manner of payment of rent
5                         Except as otherwise provided in a residential tenancy
6                         agreement, a tenant under the agreement may pay rent
7                         in the form of cash or a cheque, or in the manner
8                         referred to in section 33(2).
9


10   33.          Section 34 amended
11         (1)    In section 34(1):
12                  (a) after "record" insert:
13

14                         in accordance with subsection (2A)
15

16                  (b)    delete the Penalty and insert:
17

18                        Penalty: a fine of $5 000.
19

20         (2)    After section 34(1) insert:
21

22               (2A)     The record should specify all of the following --
23                         (a) the fact that the payment is for rent;
24                         (b) the date the rent is received;
25                         (c) the name of the person paying the rent;
26                         (d) the amount paid;
27                         (e) the period in respect of which it is paid;
28                          (f) the premises in respect of which it is paid.
29




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                                                                             s. 34



1          (3)   In section 34(2):
2                  (a) delete "is to his knowledge false" and insert:
3

4                        the person knows is false or misleading
5

6                 (b)    delete the Penalty and insert:
7

8                       Penalty: a fine of $5 000.
9


10   34.         Section 35 amended
11               In section 35 delete the Penalty and insert:
12

13                      Penalty: a fine of $5 000.
14


15   35.         Part IV Division 2 heading amended
16               In the heading to Part IV Division 2 delete "General" and
17               insert:
18

19               Standard terms
20


21   36.         Section 37 deleted
22               Delete section 37.

23   37.         Section 38 amended
24         (1)   In section 38(1) delete "every agreement" and insert:
25

26               every residential tenancy agreement
27




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     s. 38



1          (2)     In section 38(1)(b) delete "but within 3 days of " and insert:
2

3                  after
4


5    38.           Section 39 amended
6                  In section 39 delete "every agreement" and insert:
7

8                  every residential tenancy agreement
9


10   39.           Section 40 replaced
11                 Delete section 40 and insert:
12


13           40.           Vacant possession
14                 (1)     In this section --
15                         premises does not include --
16                           (a) any part of the premises in respect of which the
17                                  tenant does not have a right of exclusive
18                                  occupation; or
19                           (b) any part of the premises to which the parties to
20                                  the residential tenancy agreement have agreed
21                                  the tenant will not have access.
22                 (2)     It is a term of every residential tenancy agreement that
23                         the tenant must have vacant possession of the premises
24                         on the day on which the tenant is entitled to enter into
25                         occupation of the premises under the agreement.
26




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                                                                               s. 40



1    40.         Section 41 amended
2                In section 41:
3                  (a) delete "every agreement" and insert:
4

5                        every residential tenancy agreement
6

7                 (b)    delete "he" and insert:
8

9                        the lessor
10


11   41.         Sections 42 to 46 replaced
12               Delete sections 42 to 46 and insert:
13


14         42.          Lessor's responsibility for cleanliness and repairs
15               (1)    In this section --
16                      premises includes fixtures and chattels provided with
17                      the premises, but does not include --
18                        (a) any fixture or chattel disclosed by the lessor as
19                               not functioning before the agreement was
20                               entered into; or
21                        (b) any other fixture or chattel that the tenant could
22                               not reasonably have expected to be functioning
23                               at the time the agreement was entered into.
24               (2)    It is a term of every residential tenancy agreement that
25                      the lessor --
26                         (a) must deliver up to the tenant vacant possession
27                                of the premises in a reasonable state of
28                                cleanliness and a reasonable state of repair
29                                having regard to its age and character; and




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1                         (b)   must maintain the premises in a reasonable
2                               state of repair having regard to its age and
3                               character and must conduct any repairs within a
4                               reasonable period after the need for the repair
5                               arises; and
6                         (c)   must comply with all requirements in respect of
7                               buildings, health and safety under any other
8                               written law insofar as they apply to the
9                               premises.

10           43.         Urgent repairs
11                 (1)   In this section --
12                       prescribed period, in relation to the carrying out of
13                       urgent repairs, means --
14                         (a) in relation to repairs necessary for the supply or
15                                restoration of a service prescribed in the
16                                regulations as an essential service -- 24 hours;
17                                or
18                         (b) in relation to any other urgent repairs --
19                                48 hours or any longer period prescribed in the
20                                regulations;
21                       suitable repairer, in relation to urgent repairs, means a
22                       person who is suitably qualified, trained or, if
23                       necessary under any written law, licensed or otherwise
24                       authorised, to undertake the work necessary to carry
25                       out the repairs;
26                       urgent repairs, in relation to residential premises,
27                       means repairs to the premises that are necessary --
28                         (a) for the supply or restoration of a service
29                                prescribed in the regulations as an essential
30                                service; or




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                                                                     s. 41



1           (b)    to avoid --
2                     (i) exposing a person to the risk of injury;
3                         or
4                    (ii) exposing property to damage; or
5                   (iii) causing the tenant undue hardship or
6                         inconvenience.
7    (2)   It is a term of every residential tenancy agreement that
8          if a need for urgent repairs arises otherwise than as a
9          result of a breach of the agreement by the tenant --
10            (a) the tenant is to notify the lessor of the need for
11                   those repairs as soon as practicable after the
12                   need arises; and
13           (b) the lessor is to ensure that the repairs are
14                   carried out by a suitable repairer as soon as
15                   practicable after that notification.
16   (3)   It is a term of every residential tenancy agreement that
17         if, within the prescribed period after the need for the
18         urgent repairs arises, the tenant is unable to contact the
19         lessor or, having notified the lessor of the need for the
20         repair, the lessor fails to ensure that the repairs are
21         carried out by a suitable repairer as soon as practicable
22         after that notification --
23            (a) the tenant may arrange for the repairs to be
24                   carried out by a suitable repairer to the
25                   minimum extent necessary to effect those
26                   repairs; and
27           (b) the lessor must, as soon as practicable after the
28                   repairs are carried out, reimburse the tenant for
29                   any reasonable expense incurred by the tenant
30                   in arranging for those repairs to be carried out
31                   and paying for those repairs.




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     s. 41



1            44.         Quiet enjoyment
2                  (1)   In this section --
3                        premises includes fixtures and chattels provided with
4                        the premises, but does not include --
5                          (a) any fixture or chattel disclosed by the lessor as
6                                 not functioning before the agreement was
7                                 entered into; or
8                          (b) any other fixture or chattel that the tenant could
9                                 not reasonably have expected to be functioning
10                                at the time the agreement was entered into.
11                 (2)   It is a term of every residential tenancy agreement --
12                          (a) that the tenant is to have quiet enjoyment of the
13                                 premises without interruption by the lessor or
14                                 any person claiming by, through or under the
15                                 lessor or having superior title to that of the
16                                 lessor; and
17                         (b) that the lessor must not cause or permit any
18                                 interference with the reasonable peace, comfort
19                                 or privacy of the tenant in the use by the tenant
20                                 of the premises; and
21                          (c) that the lessor must take all reasonable steps to
22                                 enforce the obligation of any other tenant of the
23                                 lessor in occupation of adjacent premises not to
24                                 cause or permit any interference with the
25                                 reasonable peace, comfort or privacy of the
26                                 tenant in the use by the tenant of the premises.

27           45.         Securing premises
28                       It is a term of every residential tenancy agreement --
29                          (a) that the lessor must provide and maintain such
30                                 means to ensure that the residential premises
31                                 are reasonably secure as are prescribed in the
32                                 regulations; and


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                                                                          s. 41



1                 (b)    that any lock or other means of securing the
2                        residential premises must not be altered,
3                        removed or added by a lessor or tenant without
4                        the consent of the other given at, or
5                        immediately before, the time that the alteration,
6                        removal or addition is carried out; and
7                  (c)   that the lessor or the tenant must not
8                        unreasonably withhold the consent referred to
9                        in paragraph (b).

10   46.         Lessor's right of entry
11         (1)   In this section --
12               lessor, in relation to premises, includes the property
13               manager of the premises acting on behalf of the lessor;
14               premises means any part of the premises in respect of
15               which the tenant has a right of exclusive occupation;
16               reasonable time means --
17                 (a) between 8.00 a.m. and 6.00 p.m. on a weekday;
18                        or
19                 (b) between 9.00 a.m. and 5.00 p.m. on a Saturday;
20                        or
21                 (c) at any other time agreed between the lessor and
22                        each tenant.
23         (2)   It is a term of every residential tenancy agreement that
24               the lessor may enter the premises in all or any of the
25               following circumstances but not otherwise --
26                  (a) in any case of emergency;
27                 (b) for conducting routine inspections of the
28                         premises or any other purpose, on a day and at
29                         a reasonable time, specified by notice in writing
30                         given to the tenant --
31                           (i) not less than 7 days before the proposed
32                                entry; and


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     s. 41



1                             (ii)    within 14 days before the proposed
2                                     entry;
3                     (c)    at any reasonable time for the purpose of
4                            collecting the rent under the agreement, where
5                            it is payable not more frequently than once
6                            every week and it is agreed that the rent be
7                            collected at the premises;
8                     (d)    under section 77(4);
9                     (e)    for the purpose of carrying out or inspecting
10                           necessary repairs to or maintenance of the
11                           premises, at any reasonable time, after giving
12                           the tenant not less than 72 hours notice in
13                           writing before the proposed entry;
14                     (f)   for the purpose of showing the premises to
15                           prospective tenants, at any reasonable time and
16                           on a reasonable number of occasions during the
17                           period of 21 days preceding the termination of
18                           the agreement, after giving the tenant
19                           reasonable notice in writing;
20                    (g)    for the purpose of showing the premises to
21                           prospective purchasers, at any reasonable time
22                           and on a reasonable number of occasions, after
23                           giving the tenant reasonable notice in writing;
24                    (h)    with the consent of the tenant given at, or
25                           immediately before, the time of entry.
26             (3)   It is a term of every residential tenancy agreement that
27                   the lessor may enter the premises under
28                   subsection (2)(b) for the purpose of inspecting the
29                   premises not more than 4 times in any 12 month
30                   period.
31             (4)   It is a term of every residential tenancy agreement that
32                   before the lessor gives notice under subsection (2) of a
33                   proposed entry to the premises, the lessor must make a



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                                                                               s. 42



1                      reasonable attempt to negotiate a day and time for that
2                      entry that does not unduly inconvenience the tenant.
3                (5)   It is a term of every residential tenancy agreement that
4                      where a lessor gives a tenant notice of an intention to
5                      enter premises on a particular day under subsection (2),
6                      the notice must specify --
7                         (a) the day of the entry; and
8                        (b) whether the entry will be before or after
9                                12.00 p.m. on that day.
10               (6)   It is a term of every residential tenancy agreement that
11                     if the lessor exercises a right of entry under
12                     subsection (2)(f) or (g) the tenant is entitled to be on
13                     the premises during the entry.
14               (7)   It is a term of every residential tenancy agreement that
15                     the lessor exercising a right of entry under this
16                     section --
17                        (a) must do so in a reasonable manner; and
18                       (b) must not, without the tenant's consent, stay or
19                               permit others to stay on the premises longer
20                               than is necessary to achieve the purpose of the
21                               entry.
22               (8)   It is a term of every residential tenancy agreement that
23                     the lessor is to compensate the tenant if the lessor or
24                     any person accompanying the lessor causes damage to
25                     the tenant's goods on the premises when exercising a
26                     right of entry under subsection (2).
27


28   42.         Section 47 amended
29         (1)   In section 47(1) delete "An agreement" and insert:
30

31               A residential tenancy agreement
32


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     s. 43



1          (2)   In section 47(2)(b) and (c) delete "he" (each occurrence) and
2                insert:
3

4                the tenant
5

6          (3)   After section 47(2) insert:
7

8                (3)    It is a term of every residential tenancy agreement
9                       that --
10                         (a) the lessor may affix any fixture or make any
11                                renovation, alteration or addition to the
12                                premises, but only with the tenant's consent;
13                                and
14                        (b) the tenant must not unreasonably withhold such
15                                consent.
16


17   43.         Section 48 amended
18         (1)   In section 48:
19                 (a) delete "It is a term of every agreement" and insert:
20

21               (1)    It is a term of every residential tenancy agreement
22

23                (b)    in paragraph (c) delete ""water services", as defined in
24                       the Water Agencies (Powers) Act 1984," and insert:
25

26                             water supply or sewerage services under the
27                             Water Agencies (Powers) Act 1984,
28




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                                              General amendments          Part 2

                                                                                 s. 44



1          (2)   At the end of section 48 insert:
2

3                (2)   It is a term of every residential tenancy agreement that
4                      a contribution levied on a proprietor under the Strata
5                      Titles Act 1985 section 36 cannot be passed on to a
6                      tenant.
7


8    44.         Section 49A inserted
9                After section 48 insert:
10


11           49A.      Lessor's and tenant's responsibilities in respect of
12                     public utility services
13               (1)   In this section --
14                     GST has the meaning given in the A New Tax System
15                     (Goods and Services Tax) Act 1999 (Commonwealth);
16                     public utility services has the meaning given in the
17                     Land Administration Act 1997 section 3(1).
18               (2)   It is a term of every residential tenancy agreement that
19                     the tenant must pay a charge in relation to a public
20                     utility service provided to the premises only if --
21                        (a) the charge is calculated by reference to
22                               consumption at the residential premises by the
23                               tenant; and
24                       (b) the tenant is given notice in writing of the
25                               charge in relation to the public utility service,
26                               specifying --
27                                 (i) if consumption at the premises is
28                                       metered -- the relevant meter reading,
29                                       or readings, and the charge per metered
30                                       unit; or



                                                                              page 37
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     s. 45



1                                (ii)   if consumption at the premises is not
2                                       metered and the lessor and tenant have
3                                       agreed in writing to an alternative
4                                       method of calculating the charge to be
5                                       paid by the tenant -- the charge
6                                       calculated in accordance with the agreed
7                                       method;
8                               and
9                        (c)    the tenant is provided with full details of the
10                              account for the charge including --
11                                 (i) any meter readings and the charge per
12                                      metered unit; or
13                                (ii) the agreed method of calculating
14                                      referred to in paragraph (b)(ii),
15                              and the amount of GST payable in respect of
16                              the provision of the public utility service to the
17                              residential premises.
18


19   45.         Section 49 amended
20         (1)   In section 49(1):
21                 (a) delete "An agreement" and insert:
22

23                       A residential tenancy agreement
24

25                (b)    in paragraphs (a), (b) and (c) delete "his" and insert:
26

27                       the tenant's
28

29         (2)   In section 49(2)(b) delete "his" and insert:
30

31               the lessor's
32



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                                              General amendments          Part 2

                                                                                   s. 46



1    46.         Section 50 amended
2                In section 50(1) delete "every agreement" and insert:
3

4                every residential tenancy agreement
5


6    47.         Part IV Division 3 heading inserted
7                After section 50 insert:
8


9                                 Division 3 -- General
10


11   48.         Section 51 replaced
12               Delete section 51 and insert:
13


14         51.         Tenant to be notified of lessor's name and address
15               (1)   Unless subsection (2) applies, at the time of entering
16                     into a residential tenancy agreement the lessor must
17                     notify the tenant, or cause the tenant to be notified, in
18                     writing of --
19                       (a) if the lessor is an individual -- the full name
20                              and address of --
21                                 (i) the lessor; and
22                                (ii) any person having superior title to that
23                                     of the lessor;
24                              or
25                       (b) if the lessor is a body corporate -- the full
26                              name and business address of the secretary of
27                              the body corporate.
28                         Penalty: a fine of $5 000.



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     Part 2          General amendments

     s. 49



1              (2)   If residential premises that are the subject of a
2                    residential tenancy agreement are managed by a
3                    property manager, the lessor and the property manager
4                    must, at the time of entering into the agreement, notify
5                    the tenant, or cause the tenant to be notified, in writing
6                    of --
7                      (a) the full name of the lessor; and
8                      (b) the full name and address of the property
9                            manager.
10                   Penalty: a fine of $5 000.
11             (3)   Where a person succeeds another person as the lessor
12                   under a residential tenancy agreement, the new lessor
13                   must, within 14 days after the succession, notify the
14                   tenant, or cause the tenant to be notified, in writing
15                   of --
16                     (a) the full name and address of the new lessor; and
17                     (b) where the new lessor is a body corporate, the
18                           full name and business address of the secretary
19                           of the body corporate.
20                   Penalty: a fine of $5 000.
21             (4)   Where any name or address of which the lessor is
22                   required to notify the tenant under this section is
23                   changed, the lessor must, within 14 days after the
24                   change, notify the tenant, or cause the tenant to be
25                   notified, in writing of the changed name or address.
26                   Penalty: a fine of $5 000.
27


28   49.       Section 52 amended
29             In section 52 delete the Penalty and insert:
30

31                   Penalty: a fine of $5 000.
32



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                                         Residential Tenancies Amendment Bill 2011
                                                General amendments          Part 2

                                                                                 s. 50



1    50.           Section 53 replaced
2                  Delete section 53 and insert:
3


4            53.         Tenant's name, place of employment and
5                        forwarding address
6                  (1)   A tenant under a residential tenancy agreement must
7                        not falsely state to the lessor the tenant's name or place
8                        of employment.
9                        Penalty: a fine of $5 000.
10                 (2)   Where a tenant has stated a place of employment to the
11                       lessor and that place is changed, the tenant must, within
12                       14 days after the change, notify the lessor, or cause the
13                       lessor to be notified, in writing of the new place of
14                       employment.
15                       Penalty: a fine of $5 000.
16                 (3)   A tenant under a residential tenancy agreement must, at
17                       the time of delivering up possession of the premises to
18                       which the agreement relates, notify the lessor, or cause
19                       the lessor to be notified, in writing of --
20                         (a) the address at which the tenant intends to next
21                               reside; or
22                         (b) the tenant's postal address.
23                       Penalty: a fine of $5 000.
24


25   51.           Section 54 amended
26         (1)     In section 54(1):
27                   (a) delete "An owner, or agent of an owner" and insert:
28

29                        A lessor or a property manager of residential premises
30




                                                                              page 41
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     Part 2          General amendments

     s. 52



1                   (b)      after "written" insert:
2

3                            residential tenancy
4

5                    (c)     in paragraph (b) delete "within 21 days" and insert:
6

7                            within 14 days
8

9                   (d)      delete the Penalty and insert:
10

11                         Penalty: a fine of $5 000.
12

13         (2)     In section 54(2):
14                   (a) delete "an owner, or agent of an owner," and insert:
15

16                           a lessor or a property manager of residential premises
17

18                  (b)      delete "the owner, or agent of the owner," and insert:
19

20                           the lessor or property manager
21

22               Note: The heading to amended section 54 is to read:

23                         Lessor to deliver copy of agreement to tenant

24   52.           Section 55 replaced
25                 Delete section 55 and insert:
26

27           55.           Cost of written agreement to be borne by lessor
28                         Where a lessor requires the execution of a written
29                         residential tenancy agreement or a memorandum of a
30                         residential tenancy agreement, the cost of its
31                         preparation must be borne by the lessor.
32


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                                                 General amendments          Part 2

                                                                                   s. 53



1    53.          Section 56 amended
2          (1)    In section 56(1) delete the Penalty and insert:
3

4                         Penalty: a fine of $5 000.
5

6          (2)    In section 56(2)(b):
7                   (a) delete "his" and insert:
8

9                          the person's
10

11                  (b)    delete "person, if it" and insert:
12

13                         person on the ground that it
14

15                  (c)    delete the Penalty and insert:
16

17                        Penalty: a fine of $5 000.
18

19         (3)    Delete section 56(3).

20   54.          Section 57 amended
21                After section 57(1) insert:
22

23               (2A)     A lessor or property manager who executes a
24                        residential tenancy agreement with a provision of the
25                        kind referred to in subsection (1) commits an offence.
26                        Penalty: a fine of $5 000.
27




                                                                             page 43
     Residential Tenancies Amendment Bill 2011
     Part 2          General amendments

     s. 55



1    55.       Section 58 amended
2              In section 58 delete "an agreement." and insert:
3

4              a residential tenancy agreement.
5


6    56.       Sections 59A to 59F inserted
7              At the end of Part IV insert:
8


9            59A.    Minors
10             (1)   In this section --
11                   minor means a person who has reached 16 years of age
12                   but who has not reached 18 years of age.
13             (2)   Despite any other law in force in this State --
14                    (a) a minor has the capacity to enter into a
15                          residential tenancy agreement as a tenant; and
16                    (b) a residential tenancy agreement may be
17                          enforced in accordance with this Act against a
18                          minor who is a tenant.

19           59B.    Death of one of 2 or more tenants
20             (1)   This section applies if --
21                    (a) 2 or more tenants are parties to a residential
22                          tenancy agreement; and
23                    (b) the tenants are not joint tenants under the
24                          agreement; and
25                    (c) one of the tenants dies.
26             (2)   On the death of the tenant --
27                    (a) the deceased tenant's interest in the tenancy
28                          ends; and


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                                   General amendments          Part 2

                                                                       s. 56



1             (b)   the agreement continues in force with the
2                   parties to the agreement being the lessor and
3                   the surviving tenant or tenants.
4      (3)   Subsection (2) does not affect, as between the deceased
5            tenant and the surviving tenant or tenants, any right
6            (including, in particular, a right relating to a security
7            bond) or liability of the deceased tenant existing
8            immediately before the deceased tenant's death.

9    59C.    Recognition of certain persons as tenants
10     (1)   A person who is not a tenant but who is occupying
11           residential premises to which a residential tenancy
12           agreement applies may apply to a competent court to
13           be recognised as a tenant under the agreement or to be
14           joined as a party to any proceedings before the court
15           relating to the premises, or both.
16     (2)   An application by a person to be recognised as a tenant
17           may be made at the same time as any other application
18           or during proceedings before the court or
19           independently of any such other application or
20           proceedings.
21     (3)   On application by a person under this section the court
22           may make either or both of the following orders --
23            (a) an order recognising the person as a tenant
24                  under a residential tenancy agreement and in
25                  that case the person is to be taken, for the
26                  purposes of this or any other Act and of the
27                  agreement, to be a tenant under the agreement;
28            (b) an order joining the person as a party to
29                  proceedings.
30     (4)   In making an order referred to in subsection (3)(a) the
31           court may order that the tenancy be continued on such
32           of the terms and conditions of the residential tenancy


                                                                 page 45
     Residential Tenancies Amendment Bill 2011
     Part 2          General amendments

     s. 56



1                    agreement as it thinks are appropriate having regard to
2                    the circumstances of the case.

3            59D.    Tenant compensation bonds
4              (1)   In this section --
5                    tenant compensation order means an order under
6                    section 15(2)(b) in relation to a failure by a lessor to
7                    reimburse a tenant for reasonable expenses incurred by
8                    the tenant in arranging for urgent repairs to be carried
9                    out, and paying for those repairs, in accordance with
10                   section 43.
11             (2)   A court that makes a tenant compensation order against
12                   a lessor may make a further order requiring the lessor
13                   to pay to the bond administrator a tenant compensation
14                   bond to cover any future tenant compensation orders
15                   that might be made against the lessor in respect of --
16                     (a) a particular tenant or particular residential
17                           premises of the lessor; or
18                     (b) any tenant or residential premises of the lessor.
19             (3)   The tenant compensation bond is to be an amount
20                   determined by the court.
21             (4)   The lessor may apply to the court for an order that the
22                   whole or part of a tenant compensation bond is to be
23                   paid back to the lessor.
24             (5)   The court may make the order referred to in
25                   subsection (4) if it is satisfied that it is appropriate in
26                   the circumstances to do so.
27             (6)   The bond administrator must pay the amount of the
28                   tenant compensation bond in accordance with --
29                     (a) Schedule 1 clause 10; or
30                     (b) an order under subsection (5) and Schedule 1
31                           clause 11.


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                                   General amendments          Part 2

                                                                       s. 56



1    59E.    Interference with quiet enjoyment
2      (1)   A lessor who causes or permits interference with the
3            reasonable peace, comfort or privacy of the tenant in
4            the tenant's use of the premises commits an offence.
5            Penalty: a fine of $10 000.
6      (2)   The liability of a person in civil proceedings is not
7            affected by the commencement of proceedings against
8            the person for an offence under subsection (1) or the
9            conviction of the person in proceedings for the offence.

10   59F.    Offences relating to security of residential premises
11     (1)   A lessor or tenant who breaches the term referred to in
12           section 45(b) without reasonable excuse commits an
13           offence.
14           Penalty: a fine of $20 000.
15     (2)   A property manager of residential premises who,
16           without reasonable excuse alters, removes or adds a
17           lock or other means of securing the residential
18           premises without the consent of the tenant given at, or
19           immediately before, the time that the alteration,
20           removal or addition is carried out, in addition to any
21           civil liability that the property manager might incur,
22           commits an offence.
23           Penalty: a fine of $20 000.
24     (3)   The liability of a person in civil proceedings is not
25           affected by the commencement of proceedings against
26           the person for an offence under this section or the
27           conviction of the person in proceedings for the offence.
28




                                                                 page 47
     Residential Tenancies Amendment Bill 2011
     Part 2          General amendments

     s. 57



1    57.         Part V Division 1 heading inserted
2                At the beginning of Part V insert:
3


4                Division 1 -- How residential tenancy agreements
5                                are terminated
6


7    58.         Section 59 deleted
8                Delete section 59.

9    59.         Section 60 amended
10         (1)   In section 60(1):
11                 (a) delete "(1) Notwithstanding" and insert:
12

13                       Despite
14

15                (b)    delete "except --" and insert:
16

17                       except in one of the following circumstances --
18

19                 (c)   delete paragraph (b) and insert:
20

21                       (b)   in the case of a tenancy for a fixed term, where
22                             the lessor or tenant gives a notice of
23                             termination under section 70A and --
24                                (i) the tenant delivers up possession of the
25                                     premises on or after the day on which
26                                     the term of the agreement expires in
27                                     accordance with that section; or
28                               (ii) a competent court, upon application by
29                                     the lessor, terminates the agreement
30                                     under section 72;
31



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                                          Residential Tenancies Amendment Bill 2011
                                                 General amendments          Part 2

                                                                                  s. 60



1                   (d)     delete paragraph (h) and insert:
2

3                           (h)    where the agreement terminates by merger;
4

5                    (e)    after paragraph (h) insert:
6

7                            (i)   where every tenant dies.
8

9          (2)     Delete section 60(2) and (3).

10   60.           Part V Division 2 heading inserted
11                 After section 60 insert:
12


13                           Division 2 -- Notices of termination
14


15   61.           Section 61 replaced
16                 Delete section 61 and insert:
17


18           61.           Form of notice of termination by lessor
19                         Notice of termination of a residential tenancy
20                         agreement by the lessor must --
21                           (a) be in writing and in the prescribed form; and
22                           (b) be signed by the lessor or a property manager
23                                of the residential premises; and
24                           (c) identify the premises the subject of the
25                                agreement; and
26                           (d) specify the day on which possession of the
27                                premises is to be delivered up by the tenant;
28                                and



                                                                               page 49
     Residential Tenancies Amendment Bill 2011
     Part 2          General amendments

     s. 62



1                          (e)   specify and give particulars of the ground, if
2                                any, upon which the notice is given.
3


4    62.           Section 62 amended
5                  In section 62(2) delete "7 days." and insert:
6

7                        7 days before the day on which the tenant is required
8                        under the notice to give the lessor possession of the
9                        premises.
10


11   63.           Sections 63 and 64 replaced
12                 Delete sections 63 and 64 and insert:
13


14           63.         Notice of termination by lessor who has entered into
15                       contract of sale
16                 (1)   A lessor may give notice of termination of a residential
17                       tenancy agreement to the tenant on the ground that the
18                       lessor has entered into a contract for the sale of the
19                       premises to which the agreement relates and under that
20                       contract the lessor is required to give vacant possession
21                       of the premises.
22                 (2)   Where a lessor gives notice of termination under
23                       subsection (1) the period of notice must be not less
24                       than 30 days before the day on which the tenant is
25                       required under the notice to give to the lessor
26                       possession of the premises.
27                 (3)   A lessor, or a property manager acting on behalf of the
28                       lessor, must not give notice of termination under this
29                       section that the person knows is false or misleading in
30                       a material particular.
31                       Penalty: a fine of $10 000.

     page 50
                                 Residential Tenancies Amendment Bill 2011
                                        General amendments          Part 2

                                                                            s. 63



1          (4)   This section does not apply to a residential tenancy
2                agreement that creates a tenancy for a fixed term
3                during the currency of that term.

4    64.         Notice of termination by lessor without any ground
5          (1)   A lessor may give notice of termination of a residential
6                tenancy agreement to the tenant without specifying any
7                ground for the notice.
8          (2)   Where a lessor gives notice of termination under this
9                section, the period of notice must be not less than
10               60 days before the day on which the tenant is required
11               under the notice to give to the lessor possession of the
12               premises.
13         (3)   A tenant may, within 7 days after receiving a notice of
14               termination under this section, apply to a competent
15               court for an order --
16                 (a) that the period of notice be extended by a
17                       further period of up to 60 days; or
18                 (b) if the tenant is of the opinion that the grounds
19                       set out in section 71(3)(b)(i) apply -- that the
20                       residential tenancy agreement is not terminated
21                       as a consequence of the notice.
22         (4)   On an application under subsection (3) the court may,
23               as it thinks fit having regard to the justice and merits of
24               the case --
25                 (a) extend the period of notice for a further period
26                        of up to 60 days and make such other orders as
27                        to compensation of the lessor for any loss
28                        caused by the extension or as to any other
29                        matter that it considers is, in the circumstances
30                        of the case, appropriate; or
31                 (b) make an order that the residential tenancy
32                        agreement is not terminated as a consequence
33                        of the notice; or

                                                                        page 51
     Residential Tenancies Amendment Bill 2011
     Part 2          General amendments

     s. 64



1                      (c)   make an order referred to in section 71(2) and
2                            in that case the court must specify the day as
3                            from which the order for possession operates,
4                            being a day that is the later of --
5                               (i) a day not less than 60 days after the day
6                                    on which the notice of termination was
7                                    received; or
8                              (ii) a day within 7 days after the day on
9                                    which the order was made.
10             (5)   This section does not apply in relation to a residential
11                   tenancy agreement that creates a tenancy for a fixed
12                   term during the currency of that term.
13


14   64.       Section 65 amended
15             In section 65(1) delete "an agreement --" and insert:
16

17             a residential tenancy agreement --
18


19   65.       Section 66 amended
20             In section 66 delete "he" and insert:
21

22             the lessor
23


24   66.       Section 68 amended
25             In section 68(2) delete "21 days." and insert:
26

27             21 days before the termination day.
28




     page 52
                                       Residential Tenancies Amendment Bill 2011
                                              General amendments          Part 2

                                                                              s. 67



1    67.         Section 69 amended
2          (1)   In section 69(2) delete "7 days." and insert:
3

4                7 days before the termination day.
5

6          (2)   In section 69(3) delete "2 days." and insert:
7

8                2 days before the termination day.
9


10   68.         Section 70A inserted
11               After section 69 insert:
12


13           70A.      Notice of termination by lessor or tenant at end of
14                     fixed term tenancy
15               (1)   In this section --
16                     agreement means a residential tenancy agreement that
17                     creates a tenancy for a fixed term;
18                     notice means a notice of termination referred to in
19                     subsection (2);
20                     possession day means the day specified in a notice as
21                     the day on which possession of the premises is to be
22                     delivered up by the tenant and has the meaning affected
23                     by subsection (6).
24               (2)   Despite any other written law or a requirement under a
25                     contract, the term of a residential tenancy agreement
26                     does not end on the expiry day unless the lessor or
27                     tenant has given a notice of termination of the
28                     agreement to the other party specifying a day on which
29                     possession of the residential premises is to be delivered
30                     up by the tenant.


                                                                           page 53
     Residential Tenancies Amendment Bill 2011
     Part 2          General amendments

     s. 68



1              (3)   The notice must be given not later than 30 days before
2                    the possession day.
3              (4)   The possession day must not be a day earlier than the
4                    expiry day.
5              (5)   If the possession day is later than the expiry day,
6                    then --
7                      (a) the term of the agreement expires on the
8                            possession day, and not on the expiry day; and
9                      (b) the terms of the agreement are to be taken, for
10                           all purposes, to be varied to that extent.
11             (6)   If both the lessor and tenant give a notice to each other
12                   and the notices specify different possession days, then
13                   the day that is the earlier of the 2 days is to be taken to
14                   be the possession day.
15             (7)   If --
16                     (a)   the day on which the term of the agreement is
17                           to expire under subsection (5)(a) is the
18                           possession day under a notice given by the
19                           lessor; and
20                    (b)    the tenant delivers up possession of the
21                           premises after the expiry day but before the
22                           possession day,
23                   then the day on which the tenant delivers up possession
24                   of the premises is to be taken to be the possession day
25                   for the purposes of subsection (5).
26




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                                         Residential Tenancies Amendment Bill 2011
                                                General amendments          Part 2

                                                                             s. 69



1    69.         Part V Division 4 heading inserted
2                Before section 71 insert:
3


4                Division 4 -- Orders for termination of residential
5                              tenancy agreement
6


7    70.         Section 71 amended
8          (1)   In section 71(1) after "under this Act" insert:
9

10               except under section 70A
11

12         (2)   In section 71(3)(a) delete "30 days," and insert:
13

14               30 days after the day on which the orders are made,
15

16         (3)   In section 71(4):
17                 (a) delete "his" and insert:
18

19                        the tenant's
20

21                (b)     delete "he" and insert:
22

23                        the lessor
24

25         (4)   In section 71(5) delete "not more than" and insert:
26

27               within
28




                                                                          page 55
     Residential Tenancies Amendment Bill 2011
     Part 2          General amendments

     s. 71



1    71.          Section 72 amended
2          (1)    Delete section 72(1) and insert:
3

4                (1A)     In this section --
5                         agreement has the meaning given in section 70A(1);
6                         possession day has the meaning given in
7                         section 70A(1).
8                 (1)     Where a lessor or a tenant under an agreement gives
9                         notice of termination under section 70A and the tenant
10                        fails to deliver up possession of the premises on the
11                        possession day, the lessor may, within 30 days after the
12                        possession day, apply to a competent court for an order
13                        terminating the agreement and an order for possession
14                        of the premises.
15

16         (2)    In section 72(3)(b):
17                  (a) in subparagraph (i) delete "he" and insert:
18

19                         the lessor
20

21                  (b)    in subparagraph (ii) delete "his" and insert:
22

23                         the tenant's
24

25         (3)    In section 72(4) delete "not more than" and insert:
26

27                within
28




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                                          Residential Tenancies Amendment Bill 2011
                                                 General amendments          Part 2

                                                                                    s. 72



1    72.         Section 73 amended
2                In section 73(1) delete "the owner or his agent" and insert:
3

4                the lessor or the property manager of the premises
5


6    73.         Section 74 amended
7          (1)   In section 74(1):
8                  (a) delete "the owner" (each occurrence) and insert:
9

10                          the lessor or tenant
11

12                  (b)     delete "he" and insert:
13

14                          the lessor or tenant
15

16         (2)   In section 74(2)(b) after "tenant" insert:
17

18               or lessor
19

20               Note: The heading to amended section 74 is to read:

21                        Termination of agreement where lessor or tenant would otherwise
22                        suffer undue hardship

23   74.         Sections 76A and 76B, Part V Division 5 heading and
24               section 76C inserted
25               After section 75 insert:
26


27           76A.         Termination of agreement by lessor if premises
28                        abandoned
29               (1)      If a lessor suspects on reasonable grounds that a tenant
30                        has abandoned the residential premises, the lessor may

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1                    give a written notice to the tenant terminating the
2                    agreement.
3              (2)   The notice must be in a form approved by the Minister
4                    and must --
5                      (a) be signed by or for the lessor or property
6                           manager; and
7                      (b) identify the residential premises; and
8                      (c) state the lessor is terminating the agreement
9                           because the tenant has abandoned the premises.
10             (3)   If the tenant does not take action under section 76B to
11                   dispute the notice within 7 days after being given the
12                   notice, the tenant is to be taken to have abandoned the
13                   premises.

14           76B.    Dispute about s. 76A notice
15             (1)   If the tenant wishes to dispute a notice given under
16                   section 76A, the tenant may apply to a competent court
17                   for an order --
18                     (a) setting aside the notice; or
19                     (b) for compensation.
20             (2)   The application must be made within 28 days after the
21                   notice is given.
22             (3)   On an application under this section, the court may --
23                    (a) if the application was made within 7 days after
24                          the notice was given -- make an order setting
25                          aside the notice; or
26                    (b) if paragraph (a) does not apply -- make any of
27                          the following orders --
28                             (i) an order terminating the agreement;
29                            (ii) an order requiring the lessor to pay to
30                                  the tenant the amount stated by the court
31                                  as compensation for loss or expense

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1                                      incurred by the tenant because of the
2                                      termination of the agreement;
3                              (iii)   any other order it considers appropriate.

4                                 Division 5 -- General
5          76C.        Fixed term tenancies continued as periodic
6                      tenancies
7                (1)   This section applies to a residential tenancy agreement
8                      that creates a tenancy for a fixed term unless the
9                      agreement is terminated before the expiry day.
10               (2)   Subject to subsection (3), a residential tenancy
11                     agreement continues as a periodic tenancy after the
12                     expiry day on the same terms that applied immediately
13                     before the expiry day.
14               (3)   A competent court may, upon application by the lessor
15                     or tenant, make such modification to the terms of the
16                     residential tenancy agreement as may be necessary for,
17                     or appropriate to, its continuance.
18


19   75.         Section 77 replaced
20               Delete section 77 and insert:
21


22         77.         Abandonment of premises
23               (1)   If the lessor suspects on reasonable grounds that the
24                     tenant has abandoned the residential premises, the
25                     lessor may give to the tenant a written notice stating
26                     that --
27                       (a) the lessor suspects that the tenant has
28                              abandoned the premises; and
29                       (b) unless the tenant informs the lessor within
30                              24 hours after the giving of the notice that the

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1                           tenant has not abandoned the premises, the
2                           lessor --
3                              (i) will enter the premises for the purpose
4                                   of inspecting and securing them; and
5                             (ii) may give to the tenant a notice under
6                                   section 76A or apply to a competent
7                                   court for an order under section 78A.
8              (2)   The notice under subsection (1) must be in a form
9                    approved by the Minister.
10             (3)   The lessor must give the notice to the tenant by --
11                    (a) leaving a copy at the premises; and
12                    (b) leaving a copy at the tenant's last known place
13                          of employment.
14             (4)   If the tenant fails to notify the lessor within 24 hours
15                   after notice has been given under subsection (3) that
16                   the premises have not been abandoned, the lessor may
17                   enter the premises for the purposes of inspecting and
18                   securing them.

19           78A.    Order about abandonment
20             (1)   If a lessor suspects on reasonable grounds that the
21                   tenant has abandoned the residential premises, the
22                   lessor may apply to a competent court for an order
23                   under this section.
24             (2)   The lessor may make the application instead of giving
25                   a notice under section 76A to the tenant.
26             (3)   If an application is made, the court may make an order
27                   declaring that the premises were abandoned by the
28                   tenant on the day stated in the order.
29             (4)   If the court makes an order under subsection (3), the
30                   tenant is taken to have abandoned the premises on the
31                   day stated in the order.

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1            78B.       Review of abandonment order
2                 (1)   The tenant under a residential tenancy agreement who
3                       is dissatisfied with a decision of a court under
4                       section 78A(3) declaring that the tenant abandoned the
5                       premises on a stated day may apply to the court for a
6                       review of the decision.
7                 (2)   The application must be made within 28 days after the
8                       decision is made.
9                 (3)   The review is to be by way of a rehearing.
10                (4)   The court --
11                       (a) must exercise its original jurisdiction for the
12                             review; and
13                       (b) may make an order under this section if it is
14                             satisfied the applicant did not abandon the
15                             premises or only abandoned the premises on a
16                             day after the day stated.
17                (5)   The order the court may make is an order requiring the
18                      lessor under the agreement to pay to the tenant an
19                      amount the court considers appropriate as
20                      compensation for any loss or expense incurred by the
21                      tenant by the termination of the agreement.
22


23   76.          Section 79 amended
24         (1)    Before section 79(1) insert:
25

26               (1A)   In this section --
27                      goods does not include a tenant's document as defined
28                      in section 80A.
29




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1       (2)    In section 79(2) delete "60 days." and insert:
2

3              60 days after the day on which the agreement is terminated.
4

5       (3)    At the end of section 79(2) insert:
6

7                     Penalty: a fine of $5 000.
8

9       (4)    In section 79(3):
10               (a) delete "he" and insert:
11

12                     the lessor
13

14              (b)    in paragraph (a) delete "former";
15              (c)    in paragraph (a) delete "him" and insert:
16

17                     the lessor
18

19              (d)    in paragraph (a) delete "his" and insert:
20

21                     the tenant's
22

23      (5)    At the end of section 79(3) insert:
24

25                    Penalty: a fine of $5 000.
26

27      (6)    In section 79(4) delete "his" and insert:
28

29             the Commissioner's
30




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1    (7)   In section 79(5):
2            (a) delete "an owner" and insert:
3

4                 a lessor
5

6           (b)   delete "he" (each occurrence) and insert:
7

8                 the lessor
9

10          (c)   delete "the owner" (second occurrence) and insert:
11

12                the lessor
13

14   (8)   In section 79(6):
15           (a) in paragraph (c) delete "his" and insert:
16

17                the Commissioner's
18

19          (b)   delete "him" and insert:
20

21                the lessor
22

23   (9)   In section 79(10):
24           (a) delete "he" (each occurrence) and insert:
25

26                the lessor
27

28          (b)   delete "his" and insert:
29

30                the lessor's
31



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1      (10)    In section 79(12) delete "him." and insert:
2

3              the person.
4

5      (11)    In section 79(13):
6                (a) delete "he" and insert:
7

8                          the purchaser
9

10                  (b)    delete "former".
11     (12)    In section 79(14)(b):
12               (a) delete "he" and insert:
13

14                         the lessor
15

16                  (b)    delete "former".
17     (13)    In section 79(15) delete "former".
18     (14)    Delete section 79(16).
19   77.       Section 80A inserted
20             After section 79 insert:
21

22           80A.         Abandoned documents
23             (1)        In this section --
24                        tenant's document means --
25                          (a) an official document; or
26                          (b) a photograph; or
27                          (c) correspondence; or
28                          (d) any other document which it would be
29                                 reasonable to expect that a person would want
30                                 to keep.

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1    (2)   This section applies if --
2           (a) a residential tenancy agreement is terminated;
3                 and
4           (b) a tenant's document is left on premises the
5                 subject of the agreement.
6    (3)   The lessor must take reasonable care of the tenant's
7          document for a period of 60 days after the termination
8          of the agreement.
9          Penalty: a fine of $5 000.
10   (4)   The lessor must, during the period of 60 days after the
11         termination of the agreement, take reasonable steps to
12         notify the tenant --
13           (a) that the document was left at the premises; and
14           (b) as to when and from where the document may
15                 be collected.
16         Penalty: a fine of $5 000.
17   (5)   A person who has a lawful right to the document may
18         reclaim it at any time before it is disposed of in
19         accordance with subsection (7) if the person pays the
20         lessor the reasonable costs, if any, incurred by the
21         lessor in discharging the duties imposed on the lessor
22         under this section in relation to that document.
23   (6)   If a person who has a lawful right to a document
24         reclaims the document and pays an amount equal to the
25         reasonable costs incurred by the lessor in discharging
26         the duties imposed on the lessor under this section, the
27         lessor must give the document to that person.
28         Penalty: a fine of $5 000.
29   (7)   If the document has not been claimed under
30         subsection (5) within 60 days after the day on which
31         the agreement was terminated, the lessor may destroy
32         or otherwise dispose of the document.


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1              (8)   If a lessor destroys or otherwise disposes of a
2                    document under subsection (7), a competent court may,
3                    on an application by the lessor, make an order for the
4                    payment to the lessor out of moneys standing to the
5                    credit of the Rental Accommodation Account, in
6                    accordance with Schedule 1 clause 3(3)(a), of an
7                    amount equal to the reasonable costs incurred by the
8                    lessor in discharging the duties imposed on the lessor
9                    under this section.
10             (9)   Nothing in this section affects the operation of any
11                   other Act or law affecting the destruction or disposal of
12                   a document.
13


14   78.       Section 80 amended
15             In section 80 delete the Penalty and insert:
16

17                   Penalty: a fine of $20 000.
18


19   79.       Section 81 replaced
20             Delete section 81 and insert:
21


22           81A.    Mortgagee repossessions of rented properties
23             (1)   In this section --
24                   notice to vacate, in relation to residential premises,
25                   means a written notice to vacate the premises;
26                   specified date means a date, specified in a notice to
27                   vacate, by which the tenant is to vacate the residential
28                   premises.
29             (2)   If a residential tenancy agreement is terminated under
30                   section 60(e), the mortgagee is not to take possession
31                   of the residential premises from a tenant who is holding

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1          over after termination of the agreement unless the
2          mortgagee, after becoming entitled to take possession,
3          gives the tenant a notice to vacate the premises.
4    (3)   The notice to vacate must be in a form approved by the
5          Minister and must include a specified date that is not
6          less than 30 days after the date on which the notice is
7          given to the tenant.
8    (4)   The tenant who is holding over after termination of the
9          residential tenancy agreement --
10           (a) is not, during the period of 30 days following
11                 the date on which the tenant is given the notice
12                 to vacate, required to pay any rent, fee or other
13                 charge to occupy the residential premises; and
14           (b) is, if the tenant has paid any rent in advance for
15                 any part of that period, entitled to be repaid the
16                 amount of that rent.
17   (5)   A competent court may, on application by the tenant,
18         order the repayment to the tenant of any such amount
19         referred to in subsection (4)(a) or (b).
20   (6)   The mortgagee (or any person acting on behalf of the
21         mortgagee) is, during the period in which the tenant is
22         holding over after termination of the residential
23         tenancy agreement, entitled to enter the residential
24         premises to show the premises to prospective
25         purchasers on a reasonable number of occasions, but
26         only if the tenant --
27           (a) is given reasonable notice of each such
28                  occasion; and
29           (b) agrees to the date and time of the inspection.
30   (7)   This section does not prevent the mortgagee from --
31          (a) taking possession of the residential premises
32                before the specified date if the tenant


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1                            voluntarily vacates the premises before that
2                            date; or
3                     (b)    changing the specified date to a later date by
4                            further notice in writing given to the tenant; or
5                      (c)   entering into a new residential tenancy
6                            agreement with the tenant in respect of the
7                            residential premises.
8              (8)   This section extends to a tenant who is, immediately
9                    before the commencement of this section, holding over
10                   after termination of the residential tenancy agreement.
11             (9)   This section has effect despite the terms of any court
12                   order made before the commencement of this section
13                   or any contract or other agreement.

14           81B.    Notice of proposed recovery of premises by person
15                   with superior title
16             (1)   This section applies where a person (the plaintiff)
17                   brings proceedings in a competent court for the
18                   recovery of possession of residential premises.
19             (2)   The court must not make an order for possession unless
20                   it is satisfied --
21                      (a) that a person is not in possession of the
22                             residential premises as --
23                                (i) a tenant under a residential tenancy
24                                     agreement; or
25                               (ii) a tenant holding over after termination
26                                     of a residential tenancy agreement;
27                             or
28                      (b) if there is such a person in possession of the
29                             residential premises and the plaintiff is not the
30                             lessor under the residential tenancy
31                             agreement -- that the person has been given
32                             written notice, in a form approved by the

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1                       Minister, of the proceedings not less than
2                       30 days before the commencement of the
3                       proceedings.
4          (3)   Failure to comply with this section does not invalidate
5                or otherwise affect the judgment or order.

6    81.         Order for tenancy against person with superior title
7          (1)   This section applies to a person who is or was in
8                possession of residential premises as --
9                  (a) a tenant under a residential tenancy agreement;
10                      or
11                (b) a tenant holding over after termination of a
12                      residential tenancy agreement,
13               at a time when proceedings for the recovery of
14               possession of the premises had been commenced
15               before a court by a person (the plaintiff) who is not the
16               lessor under the agreement.
17         (2)   A person to whom this section applies may apply for
18               an order under this section and such an application may
19               be made to --
20                 (a) the court before which the proceedings are
21                      pending; or
22                 (b) if the proceedings have been completed or
23                      possession has been recovered -- a competent
24                      court,
25               within a reasonable time after the applicant was given
26               notice of the proceedings or, if no notice was given,
27               within a reasonable time after the recovery of
28               possession of the residential premises.
29         (3)   The court may, on such an application, and if it thinks
30               it appropriate to do so in the special circumstances of
31               the case, make an order vesting a tenancy over the
32               residential premises in the applicant.

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1                (4)     The tenancy is to be held of the plaintiff, and on such
2                        terms and conditions as the court thinks fit, having
3                        regard to the circumstances of the case.
4                (5)     Such an application or order may be made, even
5                        though --
6                          (a) notice was not given to the applicant of the
7                               proceedings brought by the plaintiff; or
8                          (b) the proceedings brought by the plaintiff have
9                               been completed or possession of the residential
10                              premises has been recovered by the plaintiff.
11


12   80.         Section 82 amended
13         (1)   In section 82(1) delete "in subsection (3) or by or under any
14               other provision of " and insert:
15

16               under
17

18         (2)   In section 82(2):
19                 (a) delete "Except as permitted by subsection (3) or by or
20                       under any other provision of this Act, no person shall"
21                       and insert:
22

23                        A person must not
24

25                (b)     delete the Penalty and insert:
26

27                       Penalty: a fine of $10 000.
28

29         (3)   Delete section 82(3).




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1    81.         Section 85 amended
2          (1)   In section 85(1)(b) delete "his" and insert:
3

4                                any place specified by the person as a place
5                                where the person's mail may be directed or, if
6                                the person has not so specified, at the person's
7

8          (2)   In section 85(3) delete "if a copy of it is published in a daily
9                newspaper circulating throughout the State." and insert:
10

11                      if --
12                         (a)   a copy of it is published in a daily newspaper
13                               circulating throughout the State; or
14                         (b)   a court hearing proceedings under this Act
15                               orders an alternative means of giving the notice
16                               or document, and that means of giving the
17                               notice or document is effected.
18

19         (3)   In section 85(5):
20                 (a) delete "to the owner" and insert:
21

22                         to the lessor
23

24                (b)      delete "agent of the owner," and insert:
25

26                         property manager of the residential premises,
27

28         (4)   In section 85(6) delete "owners" (each occurrence) and insert:
29

30               lessors
31




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1    82.           Sections 86 and 87A inserted
2                  After section 85 insert:
3


4            86.         Court may refer matter to Commissioner for
5                        investigation
6                  (1)   If, while hearing proceedings under this Act, a court
7                        forms a suspicion that a person has committed an
8                        offence against this Act (other than an offence to which
9                        the proceedings relate), the court may refer the matter
10                       to the Commissioner for investigation.
11                 (2)   A court referring a matter to the Commissioner under
12                       subsection (1) is to give to the Commissioner any
13                       relevant documents or other records in the court's
14                       possession.

15           87A.        Defence where lessor and property manager are
16                       both charged with the same offence
17                       If a lessor under a residential tenancy agreement and a
18                       property manager of the residential premises under that
19                       agreement are both charged with the same offence
20                       under this Act, it is a defence to the charge for one of
21                       them to prove that he or she --
22                         (a) did not aid, abet, counsel or procure the act or
23                                omission of the other giving rise to the offence;
24                                and
25                         (b) was not in any way, by act or omission, directly
26                                or indirectly, knowingly concerned in, or party
27                                to, the act or omission by the other.
28




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1    83.     Section 88A inserted
2            After section 87 insert:
3


4          88A.    Infringement notices
5            (1)   In subsection (2), (3), (6) or (7) --
6                  authorised person means a person appointed under
7                  subsection (13) by the Commissioner to be an
8                  authorised person for the purposes of the subsection in
9                  which the term is used.
10           (2)   An authorised person who has reason to believe that a
11                 person has committed a prescribed offence under this
12                 Act may give an infringement notice to the alleged
13                 offender within --
14                   (a) 21 days after forming the opinion that there is
15                        sufficient evidence to support the allegation of
16                        the offence; and
17                   (b) 6 months after the alleged offence is believed to
18                        have been committed.
19           (3)   An infringement notice is to be in the prescribed form
20                 and is to --
21                   (a) contain a description of the alleged offence; and
22                   (b) advise that if the alleged offender does not wish
23                         to have a complaint of the alleged offence
24                         heard and determined by a court, the amount of
25                         money specified in the notice as being the
26                         modified penalty for the offence may be paid to
27                         an authorised person within a period of 28 days
28                         after the giving of the notice; and
29                   (c) inform the alleged offender as to who are
30                         authorised persons for the purposes of receiving
31                         payment of modified penalties.



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1               (4)   In an infringement notice the amount specified as being
2                     the modified penalty for the offence referred to in the
3                     notice is to be the amount that was the prescribed
4                     modified penalty at the time the alleged offence is
5                     believed to have been committed.
6               (5)   The modified penalty that may be prescribed for an
7                     offence is not to exceed 20% of the maximum penalty
8                     that could be imposed for that offence by a court.
9               (6)   An authorised person may, in a particular case, extend
10                    the period of 28 days within which the modified
11                    penalty may be paid and the extension may be allowed
12                    whether or not the period of 28 days has elapsed.
13              (7)   An authorised person may, within 60 days after an
14                    infringement notice has been given and whether or not
15                    the modified penalty has been paid, withdraw the
16                    infringement notice by sending to the alleged offender
17                    a notice in the prescribed form stating that the
18                    infringement notice has been withdrawn.
19              (8)   Where an infringement notice is withdrawn after the
20                    modified penalty has been paid, the amount is to be
21                    refunded.
22              (9)   Subsection (10) applies if the modified penalty
23                    specified in an infringement notice has been paid
24                    within 28 days or such further time as is allowed and
25                    the notice has not been withdrawn.
26             (10)   If this subsection applies it prevents the bringing of
27                    proceedings and the imposition of penalties to the same
28                    extent that they would be prevented if the alleged
29                    offender had been convicted by a court of, and
30                    punished for, the alleged offence.
31             (11)   Payment of a modified penalty is not to be regarded as
32                    an admission for the purposes of any proceedings,
33                    whether civil or criminal.

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1          (12)     Unless subsection (8) requires it to be refunded, an
2                   amount paid as a modified penalty is to be dealt with as
3                   if it were a penalty imposed by a court as a penalty for
4                   an offence.
5          (13)     The Commissioner may, in writing, appoint persons or
6                   classes of persons to be authorised persons for the
7                   purposes of subsection (2), (3), (6) or (7) or for the
8                   purposes of 2 or more of those subsections, but a
9                   person who is authorised to give infringement notices
10                  under subsection (2) is not eligible to be an authorised
11                  person for the purposes of any of the other subsections.
12         (14)     The Commissioner is to issue to each person who is
13                  authorised to give infringement notices under this
14                  section a certificate of that person's authorisation, and
15                  the authorised person is to produce the certificate
16                  whenever required to do so by a person to whom an
17                  infringement notice has been or is about to be given.
18


19   84.    Section 88 amended
20          In section 88(2):
21            (a) delete paragraphs (b), (c) and (d);
22            (b) in paragraph (e) delete "$500," and insert:
23

24                   $5 000
25

26            (c)    after paragraph (a) insert:
27

28                   and
29




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1    85.           Section 90 amended
2                  In section 90(2) delete "his" and insert:
3

4                  the Minister's
5


6    86.           Part VII inserted
7                  After section 90 insert:
8


9             Part VII -- Savings and transitional provisions
10           relating to the Residential Tenancies Amendment
11                                Act 2011
12                             Division 1 -- Contracting out
13           91.         Savings in relation to contracting out of standard
14                       terms
15                 (1)   In this section --
16                       commencement day means the day on which the
17                       Residential Tenancies Amendment Act 2011
18                       section 80(3) comes into operation.
19                 (2)   If a residential tenancy agreement subsisting
20                       immediately before the commencement day contains a
21                       provision referred to in section 82(3), as in force
22                       immediately before that day, then that provision of the
23                       agreement continues to have effect after the
24                       commencement day despite the deletion of
25                       section 82(3) by section 80(3) of the Residential
26                       Tenancies Amendment Act 2011.




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                                                                         s. 86



1                Division 2 -- Security bonds held in AFI
2    92.         Terms used
3                In this Part --
4                authorised financial institution or AFI means --
5                  (a) an ADI (authorised deposit taking institution)
6                         as defined in the Banking Act 1959
7                         (Commonwealth) section 5; or
8                  (b) a bank constituted by a law of a State, a
9                         Territory or the Commonwealth; or
10                 (c) any other body,
11               that was prescribed, or that belongs to a class of bodies
12               that was prescribed, for the purposes of the definition
13               of that term under Schedule 1 clause 1 as in force
14               immediately before the commencement day;
15               commencement day means the day on which the
16               Residential Tenancies Amendment Act 2011 section 87
17               comes into operation;
18               security bond held in an AFI means an amount of a
19               security bond held in an AFI and that was so held
20               immediately before the commencement day.

21   93.         All security bonds to be transferred to the bond
22               administrator after renewal of agreement or within
23               18 months
24         (1)   A lessor under a residential tenancy agreement must
25               take all reasonable steps to ensure that a security bond
26               held in an AFI that was paid in relation to the
27               agreement is paid from the account in accordance with
28               subsection (2) --
29                 (a) if the agreement is renewed -- as soon as
30                        practicable after the renewal; or




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1                         (b)   in any other case -- not later than 18 months
2                               after the commencement day.
3                        Penalty: a fine of $5 000.
4                  (2)   The security bond is to be paid either --
5                         (a) to the tenant; or
6                         (b) to the bond administrator, in which case
7                               section 29(4)(b), (c) and (d) apply, with all
8                               necessary changes, to the payment.

9            94.         Requirements for AFI holding security bonds
10                 (1)   An AFI must ensure that the following records are
11                       kept, in a form approved by the Minister, in relation to
12                       each security bond held in the AFI --
13                         (a) the name and number of the account in which
14                               the security bond is held in the AFI;
15                         (b) the amount of the security bond;
16                         (c) the date the security bond was paid into the
17                               account.
18                 (2)   The AFI must hold a security bond on the following
19                       terms --
20                         (a) interest at a rate not less than the prescribed rate
21                              must accrue on the amount of the bond for the
22                              period during which it is held by the AFI;
23                         (b) the amount of interest accrued at the prescribed
24                              rate must be paid, at such times as are
25                              prescribed, to the Rental Accommodation
26                              Account and if interest is paid at a rate
27                              exceeding the prescribed rate, the amount of
28                              interest accrued above the prescribed rate must
29                              be paid, at such times as are prescribed, to the
30                              person who paid the bond;
31                         (c) the AFI may deduct from a payment to the
32                              credit of the Rental Accommodation Account

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1                       or from a payment to a tenant under
2                       paragraph (b) an amount not exceeding the
3                       amount of the fee as is prescribed in respect of
4                       a payment of that kind;
5                 (d)   the amount of the security bond must be paid
6                       out in accordance with section 96.
7          (3)   In regulations made under section 88 the prescribed
8                rate referred to in subsection (2)(a) and (b) may be
9                prescribed by reference to a market rate indicator
10               specified in the regulations.

11   95.         Power of Commissioner to obtain information
12               relating to AFI security bond accounts
13         (1)   Where a security bond is held in an AFI, the
14               Commissioner may require the AFI to give to the
15               Commissioner such information as the Commissioner
16               requires in relation to an account in which the security
17               bond is held, including information as to the balances
18               of and amounts of interest paid on that account.
19         (2)   A requirement under subsection (1) --
20                (a) must be given by notice in writing to the AFI;
21                      and
22                (b) must specify the time at or within which the
23                      information is to be given; and
24                (c) may, by its terms, require that the information
25                      be --
26                         (i) given in writing; and
27                        (ii) certified as correct by a person who is
28                             registered as an auditor, or taken to be
29                             registered as an auditor, under the
30                             Corporations Act 2001
31                             (Commonwealth) Part 9.2 and is
32                             specified in the requirement; and


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1                            (iii)   given at or sent or delivered to any place
2                                    specified in the requirement; and
3                            (iv)    sent or delivered by any means specified
4                                    in the requirement; and
5                             (v)    given on oath or affirmation or by
6                                    statutory declaration;
7                           and
8                     (d)   must state that the AFI is required under this
9                           Act to give the information.
10             (3)   A person must not, without reasonable excuse, refuse
11                   or fail to comply with a requirement under
12                   subsection (1).
13                   Penalty: a fine of $3 000.
14             (4)   A person must not give information in response to a
15                   requirement under subsection (1) that the person knows
16                   is false or misleading in a material particular.
17                   Penalty: a fine of $3 000.
18             (5)   It is a defence in proceedings for an offence against
19                   subsection (3) for the person to show that --
20                      (a) the notice under subsection (2)(a) did not state
21                            that the person was required under this Act to
22                            give the information; or
23                     (b) the time specified in the requirement did not
24                            give the person sufficient notice to enable
25                            compliance with the requirement.
26             (6)   Where a person is required to give information under
27                   subsection (1), the person cannot refuse to comply with
28                   that requirement on the ground that the information
29                   may tend to incriminate the person or render the person
30                   liable to any penalty.
31             (7)   Despite subsection (6), information given under this
32                   section is not admissible in evidence in any

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1                proceedings against the person other than proceedings
2                in respect of an offence against subsection (4).

3    96.         Disposal of security bond held in AFIs
4          (1)   Where a security bond is held in an AFI in the name of
5                a real estate agent under the Real Estate and Business
6                Agents Act 1978, the real estate agent must on receipt
7                of --
8                  (a) an application in a form approved by the
9                        Minister signed by all parties to the residential
10                       tenancy agreement to which the bond relates; or
11                 (b) a copy of an order under Schedule 1 clause 8,
12               pay from the account the amount of the bond, or where
13               subsection (4) applies part of that amount, in
14               accordance with the application or the order.
15         (2)   A real estate agent must pay an amount under
16               subsection (1) --
17                 (a) within the period, if any, specified in the
18                       relevant application or order; or
19                 (b) if no such period is specified, as soon as
20                       practicable but, in any case, not later than
21                       7 days after receipt of the application or copy of
22                       the order.
23               Penalty: a fine of $5 000.
24         (3)   Where a security bond is held in an AFI in an account
25               in the names of the lessor and the tenant entitled
26               "tenancy bond account", the AFI that holds the account
27               must on receipt of --
28                 (a) an application in a form approved by the
29                       Minister signed by all parties to the residential
30                       tenancy agreement to which the bond relates; or




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1                          (b)    a copy of an order under Schedule 1 clause 8,
2                         pay the amount of the bond, or where subsection (4)
3                         applies part of that amount, in accordance with the
4                         application or the order.
5                  (4)    An application under subsection (1)(a) or (3)(a) may
6                         relate to part of the amount of a security bond.
7                  (5)    Schedule 1 clause 5(3) applies in respect of an
8                         application referred to in subsection (1) or (3) as if it
9                         were an application referred to in clause 5(1) of that
10                        Schedule.
11                 (6)    Schedule 1 clause 5(4) applies, with all necessary
12                        changes, in respect of a security bond held in an AFI.
13                 (7)    Regulations made under section 88 may authorise the
14                        payment of an unclaimed bond to the credit of the
15                        Rental Accommodation Account.

16                       Division 3 -- Residential tenancy databases
17           97.          Application of Part VIA to listings existing before
18                        commencement
19                 (1)    In this section --
20                        commencement day means the day on which the
21                        Residential Tenancies Amendment Act 2011 section 96
22                        comes into operation.
23                 (2)    For the period of 3 months from the commencement
24                        day, Part VIA applies only in respect of personal
25                        information that is listed after that day.
26                 (3)    A term used in subsection (2) that is used in Part VIA
27                        has the same meaning in that subsection as it has in that
28                        Part.
29




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1    87.         Schedule 1 amended
2          (1)   Delete the heading to Schedule 1 and the reference after it and
3                insert:
4


5                Schedule 1 -- Provisions relating to holding and
6                   disposal of bonds and income from bonds
7                    [s. 3, 7(3), 12, 29(4), (7), (8), 59D(6), 79(5), (6), (11) and 80A(8)]
8

9          (2)   Delete the heading to Schedule 1 Part A and insert:
10


11                                  Division 1 -- General
12

13         (3)   In Schedule 1 clause 1 delete the definitions of:
14               authorised financial institution
15               bond administrator
16         (4)   In Schedule 1 clause 1 in the definition of authorised agent:
17                 (a) delete "his" and insert:
18

19                       the bond administrator's
20

21                 (b)   delete "Gazette;" and insert:
22

23                       Gazette.
24

25         (5)   Delete Schedule 1 clause 2.




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1       (6)    In Schedule 1 clause 3(2):
2                (a) delete "Account --" and insert:
3

4                      Account all of the following --
5

6               (b)    delete paragraphs (a) and (aa) and insert:
7

8                       (a)   all moneys received under section 29(4)(b);
9                      (ba)   all moneys received pursuant to a court order under
10                            section 59D(2);
11                    (bb)    interest payable to the fund under section 94(2)(b);
12                     (bc)   amounts payable to the fund under the Residential
13                            Parks (Long-stay Tenants) Act 2006 sections 75(3)
14                            and 92(b);
15                    (bd)    amounts payable to the fund under the Residential
16                            Parks (Long-stay Tenants) Act 2006 section 94(a);
17

18              (c)    in paragraph (b) delete "Treasurer; and" and insert:
19

20                     Treasurer;
21

22      (7)    In Schedule 1 clause 3(3):
23               (a) after "The" insert:
24

25                    interest referred to in subclause (2)(bb), the amounts
26                    referred to subclause (2)(bc), the
27

28              (b)    in paragraph (a) delete "section 79(5) or (6);" and insert:
29

30                     section 79(5) or (6) or 80A(8); and
31




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1           (c)    in paragraph (ab) delete "bond agents" and insert:
2

3                  authorised agents
4

5           (d)    in paragraph (b)(ii) delete "his" and insert:
6

7                  the bond administrator's
8

9           (e)    in paragraph (c) delete "subclause (5)." and insert:
10

11                 subclause (5); and
12

13           (f)   after paragraph (c) insert:
14

15                 (d)   in funding any not-for-profit body, one of the main
16                       functions of which is the delivery of free or
17                       substantially subsidised legal services to tenants and
18                       that is approved by the Minister for the purposes of
19                       this paragraph.
20

21          (g)    after each of paragraphs (aa) and (ab) insert:
22

23                 and
24

25   (8)   In Schedule 1 clause 3(4):
26           (a) in paragraph (a) delete "Department" and insert:
27

28                 Magistrates Court (Civil Proceedings) Act 2004
29

30          (b)    in paragraph (b) delete "the Consolidated Account." and
31                 insert:
32

33                       an operating account of the Department and the
34                       department principally assisting in the

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1                             administration of the Magistrates Court (Civil
2                             Proceedings) Act 2004 respectively.
3

4       (9)    In Schedule 1 clause 3(5):
5                (a) delete "Account he may" and insert:
6

7                     Account the Treasurer may, after consulting the Minister,
8

9               (b)    delete "for the purpose of public housing in such manner as
10                     he may specify." and insert:
11

12                            by the Housing Authority as defined in
13                            section 71A for the purpose of social housing
14                            premises in such manner as the Treasurer might
15                            specify.
16

17     (10)    In Schedule 1 clause 4:
18               (a) in paragraph (a) delete "Rental Accommodation Account
19                    established under clause 3; and" and insert:
20

21                     Rental Accommodation Account; and
22

23              (b)    in paragraph (b) delete "him" and insert:
24

25                     the bond administrator
26

27              (c)    in paragraph (b) delete "clause 2(1)(a) --" and insert:
28

29                     section 29(4)(b) --
30

31              (d)    in paragraph (b)(ii) delete "clause 5." and insert:
32

33                     clause 5;
34


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1              (e)     after paragraph (b) insert:
2

3                       (c)   in relation to the amount of a tenant compensation
4                             bond paid to the bond administrator under
5                             section 59D(2) --
6                               (i)   show in such records the name and address
7                                     of the lessor and the tenant in respect of
8                                     whom, and any residential premises in
9                                     respect of which, the bond was paid; and
10                             (ii)   pay out the amount of the bond in
11                                    accordance with Division 3.
12

13              (f)    after paragraph (b) insert:
14

15                     and
16

17   (11)   Delete the heading to Schedule 1 Part B and insert:
18


19                            Division 2 -- Security bonds
20

21   (12)   Before Schedule 1 clause 5 insert:
22


23      5A.           Security bond moneys to be paid to bond administrator
24            (1)     The payment of an amount under section 29(4)(b) must be
25                    made as soon as practicable, and in any event within
26                    14 days, after the person's receipt of the bond.
27            (2)     The payment may be made either directly, including by
28                    electronic means, or by lodging the amount with an
29                    authorised agent of the bond administrator.
30




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1      (13)    In Schedule 1 clause 5(1):
2                (a) in paragraph (a)(i) before "bond relates" insert:
3

4                      security
5

6               (b)    in paragraph (a)(ii) delete "his" and insert:
7

8                      the bond administrator's
9

10               (c)   before "bond," insert:
11

12                     security
13

14     (14)    In Schedule 1 clause 5(3):
15               (a) delete "party" (each occurrence) and insert:
16

17                     tenant
18

19              (b)    delete "his" and insert:
20

21                     the tenant's
22

23     (15)    In Schedule 1 clause 5(4):
24               (a) after "If " insert:
25

26                     the bond administrator is satisfied that
27

28              (b)    before "bond has" insert:
29

30                     security
31




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1             (c)    delete "bond shall" and insert:
2

3                   amount of the bond or any remaining portion of that amount
4                   must
5

6    (16)   Delete Schedule 1 Part C.
7    (17)   Delete the heading to Schedule 1 Part D.
8    (18)   In Schedule 1 clause 8(3):
9             (a) delete "him" and insert:
10

11                   the party
12

13           (b)     delete "he" and insert:
14

15                   the party
16

17   (19)   In Schedule 1 clause 8(4):
18            (a) in paragraph (b) after "that notice," insert:
19

20                          or such longer period as the court hearing the
21                          application thinks fit,
22

23           (b)     in paragraph (b) delete "he" and insert:
24

25                   the party
26

27            (c)    delete "a competent court" and insert:
28

29                   the court
30




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1      (20)        In Schedule 1 clause 8(5) delete "he" and insert:
2

3                  the party
4

5      (21)        In Schedule 1 clause 8(7)(b) delete "he" and insert:
6

7                  the tenant
8

9      (22)        In Schedule 1 clause 8(9) delete "or 7(4)".
10     (23)        At the end of Schedule 1 insert:
11


12                        Division 3 -- Tenant compensation bonds

13           9.          Application of Division
14                       This Division applies where the bond administrator has been
15                       paid a tenant compensation bond in accordance with an
16                       order under section 59D(2).

17           10.         Disposal of tenant compensation bond to tenant by bond
18                       administrator
19                 (1)   The bond administrator must on receipt of --
20                         (a)   an application in a form approved by the
21                               Minister --
22                                 (i)   signed by a tenant to a residential tenancy
23                                       agreement to which the tenant
24                                       compensation bond relates; and
25                                (ii)   lodged, including lodged by facsimile or
26                                       electronic means, with the bond
27                                       administrator or the bond administrator's
28                                       authorised agent;
29                               and




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                                                                               s. 87



1                  (b)   a copy of an order --
2                           (i)   made under section 15(2)(b) in relation to a
3                                 failure by a lessor to compensate a tenant
4                                 for reasonable expenses incurred by the
5                                 tenant in arranging for urgent repairs to be
6                                 carried out in accordance with section 43;
7                                 and
8                          (ii)   subsequent to the order under
9                                 section 59D(2),
10               pay the amount of the tenant compensation bond, or where
11               subclause (2) applies part of that amount, in accordance with
12               the application.
13         (2)   An application under subclause (1)(a) may relate to part of
14               the amount of a tenant compensation bond.
15         (3)   If a tenant is deceased, the signature of the tenant's executor
16               or administrator to an application is sufficient for the
17               purposes of subclause (1)(a), and if a tenant is represented
18               by a manager or administrator under any written law, the
19               signature of the manager or administrator is sufficient for
20               such purposes.
21         (4)   A payment under subclause (1) is to be taken to be a
22               payment by the lessor in satisfaction, or part satisfaction as
23               the case may be, of the order referred to in subclause (1)(b).

24   11.         Disposal of tenant compensation bond to lessor by bond
25               administrator
26               The bond administrator must on receipt of --
27                 (a) an application in a form approved by the
28                      Minister --
29                         (i) signed by the lessor to whom the tenant
30                             compensation bond relates; and
31                         (ii)   lodged, including lodged by facsimile or
32                                electronic means, with the bond
33                                administrator or the bond administrator's
34                                authorised agent;
35                       and

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1                           (b)   a copy of an order made under section 59D(5),
2                         pay the amount of the tenant compensation bond, or part of
3                         that amount, ordered by the court in accordance with the
4                         application.
5

6                  Note: The heading to amended Schedule 1 clause 8 is to read:

7                        Court may determine disposal of security bond

8    88.           Various references to "agreement" amended
9                  In the provisions listed in the Table delete "an agreement" and
10                 insert:
11

12                 a residential tenancy agreement
13

14                                             Table
           s. 30(2)(a)                              s. 33(2)

           s. 47(2)                                 s. 49(2)

           s. 49(3)                                 s. 52

           s. 57(1)                                 s. 57(2)

           s. 60(1) (first occurrence)              s. 62(1)

           s. 62(6)                                 s. 62(7)

           s. 67                                    s. 68(1)

           s. 68(3)                                 s. 69(1)

           s. 69(4)                                 s. 70

           s. 71(1)                                 s. 71(5)



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           s. 72(4)                              s. 73(1)

           s. 73(2)                              s. 74(1)

           s. 74(2)                              s. 75(1)

           s. 75(2)                              s. 78(1)

           s. 79(1)                              s. 79(2)

           s. 79(6)                              s. 80 (each occurrence)

1    89.         Various references to "owner" amended
2                In the provisions listed in the Table:
3                  (a) delete "An owner" (each occurrence) and insert:
4

5                           A lessor
6

7                 (b)       delete "an owner" (each occurrence) and insert:
8

9                           a lessor
10

11                    (c)   delete "new owner" (each occurrence) and insert:
12

13                          new lessor
14

15                (d)       delete "the owner" (each occurrence) and insert:
16

17                          the lessor
18




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1                (e)    delete "owner's" (each occurrence) and insert:
2

3                       lessor's
4

5                                       Table
      s. 7(3)(b), (c)                        s. 15(1)

      s. 27(2)(b)                            s. 30(1)

      s. 30(2)                               s. 30(3)

      s. 31(1)                               s. 31(3)

      s. 32(3)(c), (d)                       s. 32(6)

      s. 33(2)                               s. 34(1)

      s. 38(1)(b)                            s. 41

      s. 47(1)(b)                            s. 47(2)(a), (b), (c)

      s. 48                                  s. 49(1)(c)

      s. 49(2)(a), (b)                       s. 52

      s. 60(1)(a), (d), (g)                  s. 62(1)

      s. 62(2)                               s. 62(4)(b)

      s. 62(5)(a), (b)                       s. 65(1)(a), (b)

      s. 65(2)                               s. 66

      s. 68(1)                               s. 69(1)(b)

      s. 69(2)                               s. 71(1)



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    s. 71(2)(a), (b)                        s. 71(3)(a), (b)(i), (ii), (iii)

    s. 71(4)                                s. 72(3)(a)(i), (b)(i)

    s. 73(1)                                s. 75(1)

    s. 76(1)                                s. 76(2)

    s. 78(1)                                s. 78(2)

    s. 79(1)                                s. 79(2)

    s. 79(3)                                s. 79(4)

    s. 79(6)                                s. 79(7)

    s. 79(8)                                s. 79(9)

    s. 79(10)                               s. 79(14)

    s. 79(15)                               s. 85(5)

    s. 85(6)                                Sch. 1 cl. 4(b)(i)

    Sch. 1 cl. 8(1)

1         Note: The headings to the amended sections listed in the Table are to read
2               as set out in the Table.

3                                       Table
          Amended section                       Section heading
        s. 42                   Lessor's responsibility for cleanliness and
                                repairs
        s. 46                   Lessor's right of entry
        s. 48                   Lessor to bear outgoings in respect of
                                premises
        s. 62                   Notice of termination by lessor upon ground
                                of breach of term of agreement




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          Amended section                 Section heading
        s. 65               Termination by lessor where section 32
                            invoked
        s. 66               Notice by lessor not waived by acceptance of
                            rent
        s. 69               Notice of termination by lessor or tenant
                            where agreement frustrated
        s. 71               Application by lessor for termination and
                            order for possession
        s. 75               Termination of agreement for breach by
                            lessor
        s. 76               Compensation to lessor for holding over
        s. 78               Right of lessor to compensation where
                            tenant abandons premises




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                                                                            s. 90


1     Part 3 -- Amendments relating to terminating social
2               housing tenancy agreements
3    90.        Section 3 amended
4               In section 3 insert in alphabetical order:
5

6                     social housing premises has the meaning given in
7                     section 71A;
8                     social housing provider has the meaning given in
9                     section 71A;
10                    social housing tenancy agreement has the meaning
11                    given in section 71A;
12


13   91.        Section 60 amended
14              In section 60(1)(c) delete "74" and insert:
15

16              74, 75A
17


18   92.        Part V Division 3 inserted
19              After section 70 insert:
20


21              Division 3 -- Special provisions about terminating
22                      social housing tenancy agreements
23                            Subdivision 1 -- Preliminary

24           71A.     Terms used
25                    In this Division --
26                    criteria means the criteria approved under section 71E;



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1                   Housing Authority means the Housing Authority
2                   referred to in the Housing Act 1980 section 6(4);
3                   Minister for Housing means the Minister to whom the
4                   administration of the Housing Act 1980 is committed;
5                   social housing premises means residential premises let
6                   by a social housing provider under a social housing
7                   tenancy agreement, but does not include any premises
8                   that are excluded by regulation from the ambit of this
9                   definition;
10                  social housing provider means any of the following --
11                    (a) the Housing Authority;
12                    (b) a body or person prescribed, or of a class
13                          prescribed, for the purposes of this definition;
14                  social housing tenancy agreement means a residential
15                  tenancy agreement in respect of social housing
16                  premises, but does not include any agreement that is
17                  excluded by regulation from the ambit of this
18                  definition.

19           71B.   Application of Division
20                  This Division does not limit the operation of the other
21                  provisions of this Part in relation to residential tenancy
22                  agreements that are social housing tenancy agreements.

23             Subdivision 2 -- Notice of termination where tenant not
24                       eligible for social housing premises

25           71C.   Notice of termination by lessor on ground that
26                  tenant not eligible for social housing premises
27                  A lessor under a social housing tenancy agreement may
28                  give notice of termination of the agreement to the
29                  tenant on the ground that the lessor has determined, as
30                  the result of an assessment carried out under
31                  section 71D, that the tenant is not eligible to reside in


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1               social housing premises, or to reside in the class of
2               social housing premises to which the agreement relates.

3      71D.     Assessment of tenants eligibility for social housing
4               premises
5         (1)   In carrying out an assessment of the eligibility of a
6               tenant under a social housing tenancy agreement (the
7               agreement) to reside in social housing premises, or to
8               reside in the class of social housing premises to which
9               the agreement relates, the lessor is to apply the criteria
10              approved under section 71E for the purposes of this
11              Subdivision.
12        (2)   The lessor may request the tenant to provide any
13              information that is reasonably required to enable the
14              lessor to determine whether the tenant meets the
15              criteria for the purposes of an assessment under this
16              section.
17        (3)   If the tenant refuses to provide any such information to
18              the lessor, the lessor may determine, without further
19              inquiry, that the tenant is not eligible to reside in social
20              housing premises, or to reside in the class of social
21              housing premises to which the agreement relates.
22        (4)   In the case of a social housing tenancy agreement that
23              creates a tenancy for a fixed term, an assessment under
24              this section may not be carried out prior to 6 months
25              before the end of the term.

26     71E.     Criteria for assessing eligibility of tenants for social
27              housing premises under section 71D
28        (1)   The Minister for Housing is to approve criteria for the
29              purposes of this Subdivision.
30        (2)   The criteria may differ from the criteria used to assess
31              a person's eligibility to commence residing in social



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1                     housing premises, or in a particular class of social
2                     housing premises.
3               (3)   The criteria must not relate to whether or not a tenant
4                     has complied with any term of a residential tenancy
5                     agreement.
6               (4)   The criteria must be made publicly available.
7               (5)   A copy of the criteria must be provided, on request, to
8                     any tenant under a social housing tenancy agreement
9                     free of charge and to other persons either free of charge
10                    or on payment of the reasonable cost incurred in
11                    copying the criteria.

12           71F.     Review of decision to give notice on ground that
13                    tenant not eligible for social housing premises
14              (1)   Before giving notice of termination of a social housing
15                    tenancy agreement to a tenant on the ground referred to
16                    in section 71C, the lessor must advise the tenant of the
17                    decision to do so by notice in writing.
18              (2)   A notice given under this section must --
19                     (a) contain particulars of the reasons why the
20                           tenant is no longer considered eligible to reside
21                           in the premises; and
22                     (b) state that the tenant may apply to the lessor for
23                           a review of the decision within 30 days after the
24                           notice is given and give particulars of how such
25                           an application may be made; and
26                     (c) state that the tenant is entitled to make
27                           representations to the lessor in writing, or (if
28                           the tenant wishes) orally, as to why the
29                           agreement should not be terminated.
30              (3)   The tenant may, in accordance with the notice --
31                     (a) apply to the lessor for a review of the decision;
32                           and

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1                (b)    make representations in writing, or (if the
2                       tenant wishes) orally, to the lessor as to why the
3                       agreement should not be terminated.
4         (4)   If the tenant applies to the lessor for a review under this
5               section, the lessor must review the decision, in
6               accordance with any procedures approved by the
7               Minister for Housing for the purposes of this section,
8               and consider any representations made by the tenant.
9         (5)   After the review is carried out, the lessor may --
10               (a) give notice of termination of the agreement on
11                      the ground referred to in section 71C; or
12               (b) advise the tenant, by notice in writing, that the
13                      lessor has decided not to give notice of
14                      termination of the agreement.

15     71G.     Time periods to be observed where notice of
16              termination given under this Subdivision
17        (1)   A notice of termination of a social housing tenancy
18              agreement cannot be given to a tenant on the ground
19              referred to in section 71C before the later of the
20              following --
21                (a) the end of the 30 day period within which the
22                      tenant may apply for a review under
23                      section 71F of the decision to give notice of
24                      termination;
25                (b) the end of any such review carried out in
26                      respect of that decision.
27        (2)   The notice of termination cannot specify as the day on
28              which vacant possession of the premises is to be
29              delivered up to the lessor a day that is earlier than --
30                (a) in the case of a social housing tenancy
31                      agreement that creates a tenancy for a fixed
32                      term, 60 days after the day on which the notice


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1                            is given or the day the term of the agreement
2                            ends, whichever is the later; or
3                      (b)   in any other case, 60 days after the day on
4                            which the notice of termination is given.

5            Subdivision 3 -- Notice of termination where tenant offered
6                        alternative social housing premises

7            71H.     Notice of termination by lessor where tenant offered
8                     alternative social housing premises
9                     A lessor under a social housing tenancy agreement may
10                    give notice of termination of the agreement (the
11                    existing agreement) to the tenant on the ground that
12                    the lessor has offered to enter into a new social housing
13                    tenancy agreement with the tenant in respect of
14                    alternative premises to the premises the subject of the
15                    existing agreement.

16           71I.     Review of decision to give notice on ground that
17                    tenant offered alternative social housing premises
18              (1)   Before giving notice of termination of a social housing
19                    tenancy agreement to a tenant on the ground referred to
20                    in section 71H, the lessor must advise the tenant of the
21                    decision to do so by notice in writing.
22              (2)   The lessor may make the offer to enter into a new
23                    social housing tenancy agreement and give notice of
24                    the decision at the same time.
25              (3)   A notice given under this section must --
26                     (a) contain particulars of the reasons why the lessor
27                           wishes the tenant to move to alternative
28                           premises; and
29                     (b) state that the tenant may apply to the lessor for
30                           a review of the decision within 30 days after the



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1                       notice is given and give particulars of how such
2                       an application may be made; and
3                 (c)   state that the tenant is entitled to make
4                       representations to the lessor in writing, or (if
5                       the tenant wishes) orally, as to why the existing
6                       agreement should not be terminated.
7         (4)   The tenant may, in accordance with the notice --
8                (a) apply to the lessor for a review of the decision;
9                      and
10               (b) make representations in writing, or (if the
11                     tenant wishes) orally, to the lessor as to why the
12                     existing agreement should not be terminated.
13        (5)   If the tenant applies to the lessor for a review under this
14              section, the lessor must review the decision, in
15              accordance with any procedures approved by the
16              Minister for Housing for the purposes of this section,
17              and consider any representations made by the tenant.
18        (6)   After the review is carried out, the lessor may --
19               (a) give notice of termination of the existing
20                      agreement on the ground referred to in
21                      section 71H; or
22               (b) advise the tenant, by notice in writing, that the
23                      lessor has decided not to give notice of
24                      termination of the existing agreement; or
25               (c) make a new offer to the tenant to enter into a
26                      new social housing tenancy agreement in
27                      respect of alternative premises that differ from
28                      those the subject of the offer in respect of
29                      which the review was carried out.
30        (7)   If a new offer is made under subsection (6)(c),
31              subsections (1) to (6) apply in relation to giving notice
32              of termination in connection with the new offer.



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1               (8)   If the situation referred to in subsection (7) applies, the
2                     lessor is required to give a second notice, and the
3                     tenant is entitled to a second review, under this section,
4                     however, the lessor is not required to give any further
5                     notice, and the tenant is not entitled to any further
6                     review, under this section in relation to giving notice of
7                     termination following a second review.

8            71J.     Time periods to be observed where notice of
9                     termination given under this Subdivision
10              (1)   A notice of termination of a social housing tenancy
11                    agreement cannot be given to a tenant on the ground
12                    referred to in section 71H before the later of the
13                    following --
14                      (a) the end of the 30 day period within which the
15                            tenant may apply for any review under
16                            section 71I of the decision to give the notice of
17                            termination;
18                      (b) the end of any such review carried out in
19                            respect of that decision.
20              (2)   Despite subsection (1), if the lessor and tenant enter
21                    into a new social housing tenancy agreement before the
22                    end of that 30 day period or any such review, the notice
23                    of termination may be given on or after the day on
24                    which they enter into the new agreement.
25              (3)   The notice of termination cannot specify a day earlier
26                    than 60 days after the day on which the notice is given
27                    as the day on which vacant possession of the premises
28                    the subject of the existing agreement is to be delivered
29                    up to the lessor, unless it specifies an earlier day to
30                    which the tenant has consented.
31              (4)   The notice of termination is ineffective unless the
32                    alternative premises in connection with which the
33                    notice of termination is given are available for


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1                        occupation no later than 7 days before the date
2                        specified in the notice as the day on which vacant
3                        possession is to be delivered up to the lessor.
4                (5)     In the case of a social housing tenancy agreement that
5                        creates a tenancy for a fixed term, the notice of
6                        termination is not ineffective merely because a day
7                        earlier than the day on which the term ends is specified
8                        as the day on which vacant possession is to be
9                        delivered up to the lessor.
10


11   93.         Section 71 amended
12         (1)   In section 71(2):
13                 (a) in paragraph (b) after "Act," insert:
14

15                              other than a notice given by a lessor on a
16                              ground referred to in section 71C or 71H,
17

18                (b)     in paragraph (b) delete "agreement." and insert:
19

20                        agreement; and
21

22                 (c)    after paragraph (b) insert:
23

24                        (c)   where the notice was given by a lessor upon a
25                              ground referred to in section 71C or 71H, in
26                              respect of the relevant matters referred to in
27                              subsection (3A).
28




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1       (2)     After section 71(2) insert:
2

3             (3A)    The matters in respect of which the court is to be
4                     satisfied for the purposes of subsection (2)(c) in respect
5                     of a social housing tenancy agreement are --
6                       (a) where the notice was given by the lessor upon a
7                             ground referred to in section 71C, that the
8                             tenant is not eligible to reside in social housing
9                             premises, or to reside in the class of social
10                            housing premises to which the agreement
11                            relates under the criteria approved under
12                            section 71E for the purposes of Division 3
13                            Subdivision 2; or
14                      (b) where the notice was given by the lessor upon a
15                            ground referred to in section 71H, that the
16                            lessor has offered to enter into a new social
17                            housing tenancy agreement with the tenant in
18                            respect of alternative premises to the premises
19                            the subject of the existing agreement and those
20                            alternative premises (which might or might not
21                            be the same as the premises in connection
22                            which the notice was given) are available for
23                            occupation by the tenant.
24            (3B)    The court is not to make an order terminating a social
25                    housing tenancy agreement on a ground referred to in
26                    section 71C or 71H unless it is satisfied that --
27                      (a) any notice required to be given under
28                            section 71F or 71I before giving notice of
29                            termination was given and that it was given in
30                            accordance with that section; and
31                      (b) any review required to be carried out under
32                            section 71F or 71I was carried out and that it
33                            was carried out in accordance with that section.



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1             (3C)    Without limiting the obligations of the court under
2                     subsection (2), in considering the circumstances of a
3                     case concerning social housing premises under that
4                     provision, the court, in addition to having regard to the
5                     circumstances of the tenant and other circumstances of
6                     the case, is to have regard to such of the following
7                     matters as may be relevant --
8                       (a) any serious adverse effects the tenancy has had
9                             on neighbouring residents or other persons;
10                      (b) whether any breach of the residential tenancy
11                            agreement was a serious one, and whether,
12                            given the behaviour or likely behaviour of the
13                            tenant, a failure to terminate the agreement
14                            would subject, or continue to subject,
15                            neighbouring residents or any persons or
16                            property to unreasonable risk;
17                      (c) the lessor's responsibility to its other tenants;
18                      (d) whether the tenant, wilfully or otherwise, is or
19                            has been in breach of an order of the court;
20                      (e) the history of the tenancy concerned, including,
21                            if the tenant is a tenant under a social housing
22                            tenancy agreement, any prior tenancy of the
23                            tenant arising under any such agreement.
24


25   94.        Section 73A inserted
26              After section 72 insert:
27


28           73A.     Notice of termination not required in certain cases
29                    An application under section 73, 74, 75A or 75 may be
30                    made whether or not notice of termination has been
31                    given.
32




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1    95.        Section 75A inserted
2               After section 74 insert:
3


4            75A.     Termination of social housing tenancy agreement
5                     due to objectionable behaviour
6               (1)   A competent court may, upon application by the lessor
7                     under a social housing tenancy agreement, terminate
8                     the agreement if it is satisfied that the tenant has --
9                       (a) used the social housing premises, or caused or
10                            permitted the social housing premises to be
11                            used, for an illegal purpose; or
12                      (b) caused or permitted a nuisance by the use of the
13                            social housing premises; or
14                      (c) interfered, or caused or permitted any
15                            interference, with the reasonable peace, comfort
16                            or privacy of any person who resides in the
17                            immediate vicinity of the premises,
18                    and that the behaviour justifies terminating the
19                    agreement.
20              (2)   The court may, on an application made under this
21                    section, make such other orders or give such other
22                    directions as the court in the circumstances of the case
23                    thinks fit, including, if there has been a breach of the
24                    agreement, making any order that the court may make
25                    under section 15.
26              (3)   In deciding if the behaviour justifies terminating the
27                    agreement, or making any order or giving any direction
28                    referred to in subsection (2), the court may have regard
29                    to whether the behaviour was recurrent and, if it was
30                    recurrent, the frequency of the recurrences.
31              (4)   Subsection (3) does not limit the issues to which the
32                    court may have regard.

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1         (5)   Where a court terminates a social housing tenancy
2               agreement under this section, it must also make an
3               order for possession of the social housing premises and
4               must specify a day as from which the orders are to
5               operate that it considers, in the circumstances of the
6               case, appropriate.
7         (6)   For the purposes of section 16(1), an order made by the
8               court under subsection (2) is to be taken to have been
9               made under section 15(2).
10




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1            Part 4 -- Amendments relating to residential
2                       tenancy databases
3    96.        Part VIA inserted
4               After section 81 insert:
5


6               Part VIA -- Residential tenancy databases
7                              Division 1 -- Preliminary
8            82A.     Terms used
9                     In this Part --
10                    agent, of a lessor, means a person employed, or
11                    otherwise authorised, by the lessor to act as the lessor's
12                    agent;
13                    database means a system, device or other thing used
14                    for storing information, whether electronically or in
15                    some other form;
16                    database operator means an entity that operates a
17                    residential tenancy database;
18                    inaccurate, in relation to personal information in a
19                    residential tenancy database, includes information that
20                    is inaccurate because --
21                       (a) the information indicates that the person owes a
22                             lessor an amount that is more than the security
23                             bond for a residential tenancy agreement; and
24                      (b) the amount owed was paid to the lessor more
25                             than 3 months after the amount became due;
26                    list, personal information about a person in a residential
27                    tenancy database --
28                       (a) means --
29                               (i) to enter the personal information into
30                                     the database; or

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1                   (ii)   to give the personal information to a
2                          database operator or someone else for
3                          entry into the database;
4                  and
5            (b) includes to amend personal information about a
6                  person in the database to include additional
7                  personal information about the person;
8          out-of-date, in relation to personal information in a
9          residential tenancy database, means the information is
10         no longer accurate because --
11           (a) for a listing made on the basis the person owes
12                 a lessor an amount that is more than the
13                 security bond for a residential tenancy
14                 agreement -- the amount owed was paid to the
15                 lessor within 3 months after the amount became
16                 due; or
17           (b) for a listing made on the basis a court has made
18                 an order terminating the residential tenancy
19                 agreement -- the order has been set aside on
20                 appeal;
21         personal information means information (including an
22         individual's name) or an opinion, whether true or not,
23         about an individual whose identity is apparent, or can
24         reasonably be ascertained, from the information or
25         opinion;
26         residential premises includes a long-stay site in a
27         residential park as those terms are defined in the
28         Residential Parks (Long-stay Tenants) Act 2006;
29         residential tenancy agreement includes a long-stay
30         agreement as defined in the Residential Parks
31         (Long-stay Tenants) Act 2006;




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1                      residential tenancy database means a database --
2                        (a) containing personal information --
3                                 (i) relating to, or arising from, the
4                                      occupation of residential premises under
5                                      a residential tenancy agreement; or
6                                (ii) entered into the database for reasons
7                                      relating to, or arising from, the
8                                      occupation of residential premises under
9                                      a residential tenancy agreement;
10                             and
11                       (b) the purpose of which is for use by lessors or
12                             agents of lessors for checking a person's
13                             tenancy history to decide whether a residential
14                             tenancy agreement should be entered into with
15                             the person;
16                     tenant includes a long-stay tenant as defined in the
17                     Residential Parks (Long-stay Tenants) Act 2006.

18           82B.      Application of Part
19                     This Part does not apply to a residential tenancy
20                     database kept by an entity (including a government
21                     department of this State, another State or a Territory)
22                     for use only by that entity or its officers, employees or
23                     agents.

24                    Division 2 -- Tenancy database information
25           82C.      Notice of usual use of database
26              (1)    This section applies if --
27                      (a) a person (the applicant) applies to a lessor,
28                            whether or not through the lessor's agent, to
29                            enter into a residential tenancy agreement; and
30                      (b) the lessor or, if the application is made through
31                            the lessor's agent, the lessor or agent usually

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1                  uses one or more residential tenancy databases
2                  for deciding whether a residential tenancy
3                  agreement should be entered into with a person.
4     (2)   The lessor or agent must, when the application is made,
5           give the applicant written notice stating the
6           following --
7             (a) the name of each residential tenancy database
8                   the lessor or agent usually uses, or may use, for
9                   deciding whether a residential tenancy
10                  agreement should be entered into with a person;
11            (b) that the reason the lessor or agent uses a
12                  residential tenancy database mentioned in
13                  paragraph (a) is for checking an applicant's
14                  tenancy history;
15            (c) for each residential tenancy database mentioned
16                  in paragraph (a), how persons may contact the
17                  database operator who operates the database
18                  and obtain information from the operator.
19          Penalty: a fine of $5 000.
20    (3)   Subsection (2) applies in relation to a residential
21          tenancy database whether or not the lessor or agent
22          intends to use the database for deciding whether a
23          residential tenancy agreement should be entered into
24          with the applicant.
25    (4)   However, the lessor or agent is not required to give the
26          written notice mentioned in subsection (2) if a written
27          notice stating the matters mentioned in the subsection
28          was given to the applicant not more than 7 days before
29          the application was made.




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1            82D.     Notice of listing if database used
2               (1)   This section applies if --
3                      (a) a person (the applicant) applies to a lessor,
4                            whether or not through the lessor's agent, to
5                            enter into a residential tenancy agreement; and
6                      (b) the lessor or, if the application is made through
7                            the lessor's agent, the lessor or agent uses a
8                            residential tenancy database for checking
9                            whether personal information about the
10                           applicant is in the database; and
11                     (c) personal information about the applicant is in
12                           the database.
13              (2)   The lessor or agent must, as soon as possible but within
14                    7 days after using the database, give the applicant a
15                    written notice stating --
16                      (a) the name of the database; and
17                      (b) that personal information about the applicant is
18                            in the database; and
19                      (c) the name of each person who listed the personal
20                            information in the database; and
21                      (d) how and in what circumstances the applicant
22                            can have the personal information removed or
23                            amended under this Part.
24                    Penalty: a fine of $5 000.
25              (3)   However, subsection (2)(c) requires the written notice
26                    to state the name of a person only if the person is
27                    identified in the residential tenancy database as the
28                    person who listed the personal information in the
29                    database.




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1    82E.    Listing can be made only for particular breaches by
2            particular persons
3      (1)   A lessor, lessor's agent or database operator must not
4            list personal information about a person in a residential
5            tenancy database unless --
6               (a) the person was named as a tenant in a
7                     residential tenancy agreement that has ended;
8                     and
9              (b) the person has breached the agreement; and
10              (c) because of the breach, either --
11                       (i) the person owes the lessor an amount
12                           that is more than the security bond for
13                           the agreement; or
14                      (ii) a court has made an order terminating
15                           the residential tenancy agreement;
16                    and
17             (d) the personal information --
18                       (i) relates only to the breach; and
19                      (ii) is accurate, complete and unambiguous.
20           Penalty: a fine of $5 000.
21     (2)   Without limiting subsection (1)(d)(ii), the personal
22           information must indicate the nature of the breach.
23   82F.    Further restriction on listing
24     (1)   A lessor, lessor's agent or database operator must not
25           list personal information about a person in a residential
26           tenancy database unless the lessor, agent or operator --
27              (a) has, without charging a fee --
28                      (i) given the person a copy of the personal
29                           information; or
30                     (ii) taken other reasonable steps to disclose
31                           the personal information to the person;
32                    and

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1                      (b)   has given the person at least 14 days to review
2                            the personal information and make
3                            submissions --
4                               (i) objecting to its entry into the database;
5                                     or
6                              (ii) about its accuracy, completeness and
7                                     clarity;
8                            and
9                      (c) has considered any submissions made.
10                    Penalty: a fine of $5 000.
11              (2)   Subsection (1) does not apply if the lessor, lessor's
12                    agent or database operator cannot locate the person
13                    after making reasonable enquiries.
14              (3)   Subsection (1)(b) and (c) do not apply --
15                     (a) to information that, at the time of the listing, is
16                           contained in publicly available court or tribunal
17                           records; or
18                     (b) to a listing involving only an amendment of
19                           personal information about a person under
20                           section 82G.

21           82G.     Ensuring quality of listing -- lessor's or agent's
22                    obligation
23              (1)   This section applies if a lessor or lessor's agent who
24                    lists personal information in a residential tenancy
25                    database becomes aware that the information is
26                    inaccurate, incomplete, ambiguous or out-of-date.




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1      (2)   The lessor or agent must, within 7 days, give written
2            notice of the following to the database operator who
3            operates the database --
4              (a) if the information is inaccurate, incomplete or
5                    ambiguous --
6                       (i) that the information is inaccurate,
7                            incomplete or ambiguous; and
8                      (ii) how the information must be amended
9                            so that it is no longer inaccurate,
10                           incomplete or ambiguous;
11            (b) if the information is out-of-date -- that the
12                   information is out-of-date and must be
13                   removed.
14           Penalty: a fine of $5 000.
15     (3)   The lessor or agent must keep a copy of the written
16           notice for one year after it was given under
17           subsection (2).
18           Penalty: a fine of $5 000.

19   82H.    Ensuring quality of listing -- database operator's
20           obligation
21     (1)   This section applies if a lessor or agent of a lessor who
22           has listed personal information about a person in a
23           residential tenancy database gives the database
24           operator that operates the database written notice that
25           the personal information must be --
26             (a) amended in a stated way to make it accurate,
27                    complete and unambiguous; or
28             (b) removed.
29     (2)   The database operator must amend the personal
30           information in the stated way, or remove the personal
31           information, within 14 days of the notice being given.
32           Penalty: a fine of $5 000.

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     Part 4          Amendments relating to residential tenancy databases

     s. 96



1            82I.     Providing copy of personal information listed
2               (1)   A lessor or lessor's agent who lists personal
3                     information about a person in a residential tenancy
4                     database must, if asked in writing by the person, give
5                     the person a copy of the information within 14 days
6                     after the request is made.
7                     Penalty: a fine of $5 000.
8               (2)   A database operator must, if asked in writing by a
9                     person whose personal information is in the residential
10                    tenancy database kept by the operator, give the person
11                    a copy of the information within 14 days after the
12                    request is made.
13                    Penalty: a fine of $5 000.
14              (3)   If a lessor or lessor's agent charges a fee for giving
15                    personal information under subsection (1), or a
16                    database operator charges a fee for giving personal
17                    information under subsection (2), the subsection
18                    applies only if the fee has been paid.
19              (4)   A fee charged by a lessor or lessor's agent for giving
20                    personal information under subsection (1) or by a
21                    database operator for giving personal information
22                    under subsection (2) --
23                      (a) must not be excessive; and
24                     (b) must not apply to lodging a request for the
25                           information.

26           82J.     Disputes about listings
27              (1)   A person may apply to a competent court for an order
28                    under this section if personal information about the
29                    person has been listed in a residential tenancy database.




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                                                                      s. 96



1      (2)   The court may make an order under this section if it is
2            satisfied that --
3              (a) the residential tenancy database includes
4                    personal information about the applicant that is
5                    inaccurate, incomplete, ambiguous or
6                    out-of-date; or
7              (b) the inclusion of the applicant's name or other
8                    personal information about the applicant is
9                    unjust in the circumstances, having regard to all
10                   of the following --
11                      (i) the reason for the listing;
12                     (ii) the tenant's involvement in any acts or
13                           omissions giving rise to the listing;
14                    (iii) any adverse consequences suffered, or
15                           likely to be suffered, by the tenant
16                           because of the listing;
17                    (iv) any other relevant matter.
18     (2)   The court may order personal information about a
19           person in a residential tenancy database to be wholly or
20           partly removed, amended in a stated way or not listed
21           in a residential tenancy database.
22     (3)   The court must give a copy of the order to the lessor,
23           tenant and database operator.
24     (4)   If the court makes an order directing a person other
25           than a lessor or agent to remove, amend or not list
26           information in a residential tenancy database, the court
27           must give a copy of the order to the person.

28   82K.    Keeping personal information listed
29     (1)   In this section --
30           national privacy principles means the principles stated
31           in the Privacy Act 1988 (Commonwealth).


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     Part 4          Amendments relating to residential tenancy databases

     s. 96



1               (2)   A database operator must not keep personal
2                     information about a particular person in the operator's
3                     residential tenancy database for longer than --
4                       (a) 3 years; or
5                       (b) if, under the national privacy principles, the
6                             operator of the database is required to remove
7                             the personal information before the end of the
8                             3 year period mentioned in paragraph (a) -- the
9                             period ending when the information must be
10                            removed under the national privacy principles;
11                            or
12                      (c) if the person --
13                               (i) was a minor as defined in section
14                                    59A(1) when the information was listed
15                                    in the database; and
16                              (ii) reaches 18 years of age before the end
17                                    of the 3 year period mentioned in
18                                    paragraph (a),
19                            the period ending when the person reaches 18
20                            years of age.
21                    Penalty: a fine of $5 000.
22              (3)   However, a database operator may keep the person's
23                    name in the operator's residential tenancy database for
24                    longer than the period stated in subsection (2)(a) or (b)
25                    if --
26                       (a) other personal information about the person in
27                            the database is attached to the name; and
28                      (b) the other personal information is not required to
29                            be removed under subsection (2) or another
30                            law.




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                                                                   s. 96



1    (4)   This section does not limit the operation of another
2          provision of this Part or of another law that requires the
3          removal of the personal information.
4




                                                               page 121
     Residential Tenancies Amendment Bill 2011
     Part 5          Amendments to other Acts
     Division 1      Disposal of Uncollected Goods Act 1970 amended
     s. 97



1                   Part 5 -- Amendments to other Acts
2     Division 1 -- Disposal of Uncollected Goods Act 1970 amended
3    97.         Act amended
4                This Division amends the Disposal of Uncollected Goods
5                Act 1970.

6    98.         Schedule amended
7                In the Schedule delete "Section 79 of the Residential Tenancies
8                Act 1987." and insert
9

10               Residential Tenancies Act 1987 sections 79 and 80A.
11


12                   Division 2 -- Housing Act 1980 amended
13   99.         Act amended
14               This Division amends the Housing Act 1980.

15   100.        Section 62G amended
16         (1)   In section 62G(1)(b) delete "owner," and insert
17

18               lessor,
19

20         (2)   In section 62G(2) delete "owner" and insert
21

22               lessor
23




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                                        Residential Tenancies Amendment Bill 2011
                                          Amendments to other Acts         Part 5
            Magistrates Court (Civil Proceedings) Act 2004 amended    Division 3
                                                                           s. 101



1             Division 3 -- Magistrates Court (Civil Proceedings)
2                           Act 2004 amended
3    101.      Act amended
4              This Division amends the Magistrates Court (Civil
5              Proceedings) Act 2004.

6    102.      Section 7 amended
7              In section 7(1) in the definition of trader delete "an owner" and
8              insert
9

10             a lessor
11


12      Division 4 -- Rates and Charges (Rebates and Deferments)
13                         Act 1992 amended
14   103.      Act amended
15             This Division amends the Rates and Charges (Rebates and
16             Deferments) Act 1992.

17   104.      Section 29B amended
18      (1)    In section 29B(1) delete the definition of owner.
19      (2)    In section 29B(1) insert in alphabetical order:
20

21                   lessor, in relation to land, has the meaning given in the
22                   Residential Tenancies Act 1987 section 3;
23

24      (3)    In section 29B(3) delete "the owner" and insert:
25

26             the lessor
27




                                                                         page 123
     Residential Tenancies Amendment Bill 2011
     Part 5          Amendments to other Acts
     Division 5      Residential Parks (Long-stay Tenants) Act 2006 amended
     s. 105



1             Division 5 -- Residential Parks (Long-stay Tenants)
2                            Act 2006 amended
3    105.       Act amended
4               This Division amends the Residential Parks (Long-stay
5               Tenants) Act 2006.

6    106.       Section 22 amended
7       (1)     In section 22(1)(a) delete "a bond agent; or" and insert:
8

9                             an authorised agent as defined in the
10                            Residential Tenancies Act 1987 Schedule 1
11                            clause 1; or
12

13      (2)     Delete section 22(2)(a) and insert:
14

15                      (a)   an account in the name of the agent entitled
16                            "tenancy bond trust account", used for the
17                            purpose of holding a security bond under this
18                            subsection or the Residential Tenancies
19                            Act 1987 and for no other purpose; or
20


21   107.       Glossary amended
22      (1)     In the Glossary delete the definitions of:
23              authorised financial institution
24              bond administrator
25              bond agent
26              Rental Accommodation Fund
27      (2)     In the Glossary insert in alphabetical order:
28

29                    authorised financial institution has the meaning given in
30                    the Residential Tenancies Act 1987 section 92;


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                                       Residential Tenancies Amendment Bill 2011
                                          Amendments to other Acts        Part 5
            Residential Parks (Long-stay Tenants) Act 2006 amended   Division 5
                                                                          s. 108



1                     bond administrator means the Commissioner as defined in
2                     the Fair Trading Act 2010 section 6;
3                     Rental Accommodation Account means the Rental
4                     Accommodation Account established under the Residential
5                     Tenancies Act 1987 Schedule 1 clause 3;
6


7    108.       Various references to "Fund" changed to "Account"
8               In the provisions listed in the Table delete "Fund" and insert:
9

10              Account
11

12                                       Table
        s. 51                                s. 75(3)

        s. 76(3)                             s. 77(1)

        s. 77(2)                             s. 92(b)

        s. 94(a)