Caravan park agreement to be written, signed and include certain matters
25 Caravan park agreement to be written, signed and include certain matters
(1) If an operator enters into a written caravan park agreement, the agreement should include all of the following:
the name of the resident;
(b) the full name and address for service of the operator and, if any, the operator's agent;
(c) an identification, in clear language, of the caravan and caravan site, or the caravan site, to which the agreement relates;
(d) each term, or a term to the same effect as each term, that is prescribed under this Act to be a term of a caravan park agreement;
the amount of rent payable and how the rent is to be payable;
(f) if the agreement is for a fixed term occupancy – the term of the agreement.
An operator commits an offence if the operator:
(a) invites a resident to sign a relevant form that the operator has already signed; and
(b) after the resident signs the form, fails to give the resident a copy of the agreement as signed by both parties within a reasonable period (of not more than 2 days).
Maximum penalty: 20 penalty units.
An operator commits an offence if:
(a) the operator gives a relevant form to a resident inviting the resident to sign it but the form has not been signed by the operator; and
(b) the resident returns the relevant form to the operator signed by the resident; and
(c) within 7 days after the resident returns the signed form, the operator fails to give the resident a copy of the agreement as signed by both parties.
Maximum penalty: 20 penalty units.
Strict liability applies to subsection (2)(b) and (3)(c).
(5) It is a defence to a prosecution for an offence against subsection (2) or (3) if the defendant establishes a reasonable excuse.
In this section:
relevant form means a document that is not signed by both a resident and an operator but is in the form of, or otherwise purports to be, a caravan park agreement.
This Act’s bill:Explanatory statementSecond reading speech
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