Repayment of rent paid in advance
54 Repayment of rent paid in advance
This section applies if rent under a caravan park agreement is paid in advance and the occupancy is terminated before the end of the period for which rent is paid.
The operator must not fail to refund to the resident the appropriate proportion of the amount paid as rent in advance as soon as possible (but no later than 7 days) after the termination.
Fault element: The operator intentionally does not refund the appropriate proportion of the amount paid as rent in advance.
Maximum penalty: 20 penalty units.
It is a defence to a prosecution for an offence against subsection (2) if the defendant establishes that he or she applied the rent, or a part of the rent, paid in advance towards other liabilities of the resident to the operator under this Act.
On application by the resident, the Tribunal may, as it thinks fit, order the operator to refund to the resident the proportion of the amount paid as rent in advance (not being money for which the resident is liable under this Act to pay to the operator as rent or otherwise).
This Act’s bill:Explanatory statementSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.