Sale of caravan on caravan site
146 Sale of caravan on caravan site
(1) It is a term of each caravan park site agreement that, if the resident intends to offer the caravan for sale, the resident must inform the operator about that intention before the resident displays a sign in or on the caravan or caravan site about the sale.
(2) An operator must not do either of the following if the resident acts in accordance with a term of the caravan park agreement as mentioned in subsection (1):
hinder the sale of the resident's caravan;
(b) prevent the display of a "for sale" sign in or on a caravan or caravan site for the purpose of selling the caravan.
Maximum penalty: 50 penalty units.
(3) An offence against subsection (2) is an offence of strict liability.
(4) Without limiting subsection (2), an operator is taken to hinder the sale of a caravan if the operator stops potential buyers from inspecting the caravan.
(5) An operator does not contravene subsection (2) in relation to the proposed sale of a caravan placed on a caravan site if:
(a) the operator imposes conditions relating to potential buyers entering or remaining in the caravan park that are reasonable in the circumstances; or
(b) the operator has reasonably refused to consent to a proposed assignment of the resident's interest in the caravan park site agreement relating to the caravan site.
(6) If the caravan is sold, the new owner must remove the caravan from the caravan site within 5 days after the sale or within such further time as agreed by the operator unless:
(a) the right to occupy the caravan site has been assigned under section 91(1); or
(b) the operator has entered into a caravan park agreement with the new owner.
(7) The Regulations may prescribe the maximum size for a "for sale" sign.
This provision refers to the regulations (The Regulations may prescribe
). Made under this Act:
This Act’s bill:Explanatory statementSecond reading speech
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