RESIDENTIAL PARKS (LONG-STAY TENANTS) ACT 2006 - SECT 10B

RESIDENTIAL PARKS (LONG-STAY TENANTS) ACT 2006 - SECT 10B

10B .         Particular terms in long-stay agreements

        (1)         A long-stay agreement may include a term (a non-standard term ) other than —

            (a)         a standard term stated in the Act; or

            (b)         if a standard-form agreement is prescribed under section 10A(1) — a term of that standard-form long-stay agreement.

        (2)         However, a non-standard term —

            (a)         must not exclude, modify or restrict a standard term or the operation of the Act or contravene a provision of this Act; and

            (b)         must not be a type of term prescribed for this paragraph as a prohibited term; and

            (c)         must not be inconsistent with a standard-form long-stay agreement that is prescribed under section 10A(1); and

            (d)         must be set out and clearly labelled as a non-standard term.

        (3)         A park operator must not enter into a long-stay agreement that includes a non-standard term referred to in subsection (2).

        Penalty for this subsection: a fine of $5 000.

        (4)         The regulations may prescribe a term as a term that must be included in a long-stay agreement.

        (5)         A park operator must not enter into a long-stay agreement that does not include a term prescribed under subsection (4).

        Penalty for this subsection: a fine of $5 000.

        Note for this section:

                Under section 62, a long-stay tenant may apply to the State Administrative Tribunal for particular orders in relation to a long-stay agreement that does not comply with this section.

        [Section 10B inserted: No. 28 of 2020 s. 14.]

        [Heading inserted: No. 28 of 2020 s. 15.]