RESIDENTIAL PARKS (LONG-STAY TENANTS) ACT 2006
RESIDENTIAL PARKS (LONG-STAY TENANTS) ACT 2006
TABLE OF PROVISIONS
Long Title
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
21. Security bonds
22. Payment of bond to bond administrator
24. Increase in security bond
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
70A. Disputing s. 44B notice
70B. Orders to terminate agreement because agreed premises abandoned
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
