RESIDENTIAL PARKS (LONG-STAY TENANTS) ACT 2006
Table of Provisions
PART 1 -- Preliminary matters
- 1 Short title
- 2 Commencement
- 3 Terms used
- 4 Crown bound
- 5 Long-stay agreements
- 5A Reasonable grounds for suspecting abandonment of premises
- 5B Residential parks
- 6 Application of Act to long-stay agreements
- 8 Operation of this Act in relation to other written laws
- 9 Contracting out
- 9A Exemption from provision of Act by regulations
PART 2 -- Long-stay agreements and conduct of long-stay tenants and park operators
Division 1 -- Form of long-stay agreements
- 10 Requirements for long-stay agreements
- 10A Prescribed standard-form agreement
- 10B Particular terms in long-stay agreements
Division 1A -- General matters
- 10C Long-stay agreement binds park operator’s successors in title
- 11 Information for prospective long-stay tenants
- 12 Restrictions on amounts park operators may charge
- 13 Real estate agents prohibited from charging fees, charges or rewards for particular services
- 13A Restriction on voluntary sharing arrangements
- 14 Cost of preparing long-stay agreement
- 15 Disclosure of park operator’s particulars to long-stay tenant
- 16 Disclosure of tenant’s particulars to park operator
- 17 Tenant’s copy of long-stay agreement
- 18 Cooling off period
- 19 Recovery of amounts paid under a mistake of law or fact
- 20 Age-restricted residential parks
- 20A Park operator’s continuing disclosure obligations about material changes in relation to residential parks
Division 2 -- Security bonds
Division 3 -- Rent
- 25 Rent in advance
- 26 Written receipts for rent
- 27 Requiring post-dated cheques prohibited
- 28 Rent records kept by park operator
- 29 Apportionment of rent
- 29A Reviewing and varying rent under long-stay agreement
- 30 Process for varying rent under long-stay agreement
- 31 Increasing rent due to significant cost increases
- 31A Accelerated rent and liquidated damages prohibited
- 31B Application of benefits and rent reductions for not breaching agreement
Division 4 -- Relocating long-stay tenants to another site in residential park
- 32 Long-stay agreement may include term requiring long-stay tenant to relocate to comparable site
- 32A Park operator to pay long-stay tenant compensation because of relocation
Division 5 -- Standard terms
Subdivision 1 -- Occupation of premises- 32B Vacant possession
- 32C No legal impediment to lawful enjoyment Subdivision 2 -- Agreed and shared premises
- 32D Quiet enjoyment
- 32E Park operator’s right of entry
- 32F Conditions of park operator’s entry under s. 32E 32G. Long-stay tenant’s conduct on premises
- 32H Locks and security
- 32I Removing fixtures and altering premises Subdivision 3 -- Cleanliness, damage and repair
- 32J Long-stay tenant’s responsibility for cleanliness and repair
- 32K Long-stay tenant’s responsibility for damage
- 32L Park operator’s responsibility for cleanliness and repairs
- 32M Urgent repairs Subdivision 4 -- Particular financial matters
- 32N Levies, rates, taxes and charges to be paid by park operator Subdivision 5 -- Miscellaneous provisions
- 32O Assigning rights and obligations under long-stay agreement or sub-letting agreed premises
- 32P Long-stay tenant’s vicarious responsibility for breach of agreement
PART 3 -- Termination of long-stay agreements
Division 1 -- Termination of agreements generally
- 32Q Long-stay agreement may be terminated only under Act
- 32R Notice of intention before end of fixed term long-stay agreement
- 33 How long-stay agreements and tenant’s interests in agreements are terminated
- 34 Terms of continued long-stay agreement
- 35 Withholding rent in anticipation of release of security bond
- 35A Fixed term long-stay agreement does not become periodic tenancy at end of term
- 36 Failure to give vacant possession at end of fixed term
- 37 Form of default notice
- 38 Form of notice of termination
Division 2 -- Grounds for notice of termination by park operator
- 39 Termination by park operator for non-payment of rent
- 40 Termination by park operator for other breaches
- 41 Termination if vacant possession required on sale of park
- 41A Termination because park to be used for different purpose
- 41B Termination because vacant possession is required for works
- 41C Termination because long-stay site is intended to be used for other purpose
- 41D Requirements of notice of termination under s. 41A to 41C 42. Termination of on-site home agreements by park operator without grounds
- 43 Notice not waived by acceptance of rent
Division 3 -- Notice of termination by tenant
- 44 Termination by tenant without grounds
Division 3A -- Agreed premises abandoned
- 44A Park operator’s right of entry in relation to abandonment
- 44B Termination if agreed premises abandoned
Division 4 -- Notice of termination by park operator or tenant -- agreement frustrated
- 45 Termination if agreement frustrated
Division 4A -- Special provisions about termination of tenant’s interest on grounds of family violence
- 45A Notice of termination of tenant’s interest on ground that tenant subject to family violence
- 45B Rights of co-tenants after notice under s. 45A 45C. Review of Division
Division 5 -- Compensation
- 46 When long-stay tenant is entitled to compensation as a result of termination of agreement
- 47 When park operator is entitled to compensation
Division 6 -- Abandoned goods
- 47A Application of Division
- 48 Disposing of goods abandoned by long-stay tenant
- 49 Right to reclaim abandoned goods put into storage
- 50 Title acquired by purchaser of abandoned goods
- 51 Park operator’s liability for abandoned goods
- 52 Disposition of proceeds of sale of abandoned goods
Division 6A -- Abandoned tenant’s documents
- 52A Dealing with abandoned tenant’s documents
Division 7 -- Miscellaneous provisions
- 53 Duty of mitigation following breach of agreement
- 54 No recovery of vacant possession during tenancy period
PART 4 -- Other matters related to residential parks
Division 1A -- Park rules
- 54A Park operator may make park rules
- 54B Regulations may provide for matters in park rules
- 54C Making and altering park rules
- 54D Compliance, application and enforcement of park rules
Division 1 -- Sale of relocatable homes on site
- 55 Long-stay tenant’s right to sell relocatable home on site
- 55A Information to be given to purchaser of relocatable home on site
- 56 Park operator’s obligations
- 57 Long-stay tenant may appoint selling agent
- 57A Selling agent’s commission and incidental expenses
- 57B Park operator not required to be licensed to act as selling agent
- 57C Trust accounts for selling agents
- 57D Park operator’s recovery of reasonable expenses for sale of relocatable home
- 58 Sale of relocatable home at agreed premises conditional on assignment of rights and obligations under, or entry into, long-stay agreement
- 58A Discrimination against tenants subjected or exposed to family violence
Division 2 -- Park liaison committees
- 59 Establishment of park liaison committee
- 60 Constitution of park liaison committee
- 61 Functions of park liaison committee
- 61A Other long-stay tenant committees
PART 5 -- State Administrative Tribunal powers
Division 1 -- General provisions
- 62 Orders if form of long-stay agreement does not comply with Pt. 2 Div.
- 62A Breaches of agreement and other disputes
- 62B Matters State Administrative Tribunal may consider
- 62C Directions and orders
- 62D Orders in relation to park operator’s representations
- 63 Orders for reduction of rent
- 63A Determination of proposed rental increase under s.
- 63B Disputes about park rules
- 63C Recognising persons as long-stay tenants
- 64 Orders requiring works after failure to comply with responsibility for cleanliness and repair under s. 32L 64A. Orders if potential buyer not given purchase disclosure notice
- 64B Determination of compensation payable to long-stay tenant because of relocation under s. 32A 64C. Orders in relation to site-only agreement if long-stay tenants die and removal or sale of relocatable home is obstructed
- 65 Determination of compensation payable to long-stay tenant for termination under s.
Division 2 -- Orders relating to vacant possession
- 66 Orders for vacant possession if rent not paid
- 67 Orders for vacant possession at end of fixed term
- 68 Orders for vacant possession on other grounds
- 69 Orders for compensation to park operator for holding over
- 70 Long-stay tenant’s protection against holder of superior title
Division 2A -- Orders relating to abandoned premises
Division 3 -- Orders relating to termination of agreements
- 71 Orders to terminate agreement if tenant is causing damage or injury
- 71A Orders to terminate agreement for repeated interference with quiet enjoyment or threats or abuse
- 72 Orders to terminate agreement for breach by park operator
- 73 Termination on grounds of hardship
- 74 Tribunal’s power during fair rent proceedings
Division 3A -- Orders relating to termination of tenant’s interest on grounds of family violence
- 74A Review of notice of termination under s. 45A 74B. Termination of tenant’s interest by SAT on grounds of family violence
- 74C Determination of rights and liabilities after termination of tenant’s interest on grounds of family violence
- 74D Review of Division
Division 4 -- Orders relating to abandoned goods
- 75 Disposing of proceeds of sale of abandoned goods
- 76 Park operator’s claim for costs in relation to abandoned goods and tenant’s documents
- 77 Recovery by owner of value of goods sold
Division 5 -- Miscellaneous provisions
- 78 Term used: original party
- 79 Proceedings instituted or defended by Commissioner
- 80 Evidence in proceedings undertaken by Commissioner
- 81 Conduct of legal proceedings by Commissioner
- 82 Orders exempting persons from operation of Act
- 83 Payment of costs and other amounts
- 83A State Administrative Tribunal may refer matter to Commissioner for investigation
PART 6 -- Other matters
- 84 Commissioner
- 85 Commissioner’s functions
- 86 Delegation by Commissioner
- 87 Information officially obtained to be confidential
- 88 Protection from liability for wrongdoing
- 88A Long-stay agreements are excluded matters for Corporations Act 2001 (Commonwealth) s. 5F 89. Judicial notice
- 90 Time for commencement of offence proceedings
- 90A Infringement notices and Criminal Procedure Act 2004
- 91 Service of documents
- 94 Responsibilities of bond administrator
- 94A Cross-examination of persons in proceedings involving family violence
- 95 Regulations
- 96 Review of Act
PART 7 -- Transitional and savings provisions
Division 1 -- Transitional provisions -- Residential Parks (Long-stay Tenants) Act 2006
- 97 Transitional provisions
Division 2 -- Transitional provisions about residential parks -- Residential Parks (Long-stay Tenants) Amendment Act 2020
- 98 Places before commencement day taken to be residential parks and lifestyle villages
Division 3 -- Transitional and savings provisions -- Residential Parks (Long-stay Tenants) Amendment Act 2020
Subdivision 1 -- Preliminary- 99 Terms used Subdivision 2 -- Bonds
- 100 Return of key bond to long-stay tenant
- 101 Amounts paid into tenancy bond account to be transferred to bond administrator
- 102 Requirements for holding security bond amounts
- 103 Information from authorised deposit-taking institution about tenancy bond accounts
- 104 Offences relating to s. Subdivision 3 -- Other transitional provisions
- 105 Pre-commencement long-stay agreement provides for cost of preparing long-stay agreement
- 106 Variation of rent on the basis of market rent
- 107 Variation of rent under on-site home agreements entered into before commencement day
- 108 Application of former s. 32 to pre-commencement long-stay agreements
- 109 Taking possession of agreed premises under mortgage entered into before commencement day
- 110 Former s. 41 continues to apply to pre-commencement long-stay agreements
- 111 Site-only agreements entered into before commencement day cannot be terminated without grounds
- 112 Park rules made by park liaison committee before commencement day taken to be made by park operator
- 113 Former s. 55 continues to apply to pre-commencement long-stay agreements
- 114 Written selling agent agreement under former s. 57 continues to apply on and after commencement day
- 115 Validation of voluntary sharing arrangements entered into before commencement day
- 116 Transitional regulations Defined terms