Caravan Parks Act 2012

(1) An operator commits an offence if the operator requires or receives from a resident a payment (other than a payment of rent or a security deposit):

for an occupancy or continuation of an occupancy; or

for an option to enter into a caravan park agreement.

Fault elements:

The operator:

intentionally requires or receives the payment; and

is reckless as to circumstances of the payment.

Maximum penalty: 20 penalty units.

It is a defence to a prosecution for an offence against subsection (1) if the defendant establishes that he or she required or received the payment from a resident because of:

a debt, owed in relation to an occupancy, as a condition of the granting or continuation of an occupancy; or

as a deposit for a key permitting access to the caravan park or common areas in the park if the amount of the deposit is reasonable and refundable to the resident on return of the key.

An operator commits an offence if the operator requires a resident to enter into a contract of insurance, guarantee or other agreement, in relation to the agreement property, an occupancy or continuation of an occupancy.

Fault elements:

The person:

intentionally requires the resident to enter into the contract, guarantee or other agreement; and

is reckless as to the circumstances of the payment.

Maximum penalty: 20 penalty units.

It is a defence to a prosecution for an offence against subsection (3) if the defendant establishes that he or she required the resident to enter into the contract, guarantee or agreement by way of a bond.

Part 4 Condition reports and bonds

Division 1 Condition reports