RESIDENTIAL TENANCIES AMENDMENT ACT 2011 (NO. 60 OF 2011) - SECT 82

RESIDENTIAL TENANCIES AMENDMENT ACT 2011 (NO. 60 OF 2011) - SECT 82

82 .         Sections 86 and 87A inserted

                After section 85 insert:

86.         Court may refer matter to Commissioner for investigation

        (1)         If, while hearing proceedings under this Act, a court forms a suspicion that a person has committed an offence against this Act (other than an offence to which the proceedings relate), the court may refer the matter to the Commissioner for investigation.

        (2)         A court referring a matter to the Commissioner under subsection (1) is to give to the Commissioner any relevant documents or other records in the court’s possession.

87A.         Defence where lessor and property manager are both charged with the same offence

                If a lessor under a residential tenancy agreement and a property manager of the residential premises under that agreement are both charged with the same offence under this Act, it is a defence to the charge for one of them to prove that he or she —

            (a)         did not aid, abet, counsel or procure the act or omission of the other giving rise to the offence; and

            (b)         was not in any way, by act or omission, directly or indirectly, knowingly concerned in, or party to, the act or omission by the other.