Operator to keep proper records of rent
46 Operator to keep proper records of rent
(1) An operator must not fail to keep a written record, as required under subsection (2), of each instalment of rent received.
Fault element: The operator is reckless about the circumstances of keeping the required record of each instalment of rent received.
Maximum penalty: 20 penalty units.
The record must consist of:
the amount of rent paid; and
the date on which the rent was received; and
the period of the occupancy to which the rent relates; and
(d) the address of the caravan or caravan site to which the rent relates.
The record may be in an electronic form.
(4) For subsection (2)(c), the period of the occupancy is to be presumed to be the next period for which rent is payable unless the person paying the rent or on whose behalf the rent is paid specifies otherwise.
(5) In a record of rent received under a caravan park agreement, a person must not:
make a false entry; or
falsify an entry in any other way.
Fault element: The person has intention in relation to the result of making a false record or falsifying an entry in another way.
Maximum penalty: 100 penalty units.
An operator commits an offence if:
(a) a resident asks the operator to permit the resident to examine the record of rent received by the operator from the resident under the caravan park agreement; and
the operator does not permit the resident to examine the record.
Fault element: The operator intentionally does not permit the resident to examine the record.
Maximum penalty: 20 penalty units.
This Act’s bill:Explanatory statementSecond reading speech
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