Housing Improvement Act 2016

In this Act, unless the contrary intention appears—

authorised officer means a person appointed to be an authorised officer under

Part 2Division 2;

council has the same meaning as in the

Local Government

Act 1999;

decision, of the Tribunal, has the same meaning as in the South Australian Civil and

Administrative Tribunal Act 2013;

Deputy President means a Deputy President of the

Tribunal appointed under the South

Act 2013;

Deputy Registrar means a Deputy Registrar of the

Tribunal appointed under the South

Act 2013;

director of a body corporate includes a person occupying or acting in the position of director of the governing body of the body corporate and includes any person in accordance with whose directions or instructions the directors of the governing body are accustomed to act;

domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

Fund means the Residential Tenancies Fund under the Residential Tenancies

Act 1995;

housing assessment order—see section 13;

housing demolition order—see section 15;

housing improvement order—see section 14;

housing improvement tenancy dispute means—

a dispute between parties or former parties to a residential tenancy agreement about matters arising under this Act; or

any matter that may be the subject of an application under this Act to the Tribunal;

land includes any legal estate or interest in, or right in respect of, land;

landlord means—

the person who grants the right of occupancy under a residential tenancy agreement; or

a successor in title to the tenanted premises whose title is subject to the tenant's interest, and includes a prospective landlord and a former landlord;

lawyer means a person entitled to practise the profession of the law under the Legal Practitioners

Act 1981;

notice to vacate—see section 22;

owner of land means—

if the land is unalienated from the Crown—the Crown;

or

if the land is alienated from the Crown by grant in fee simple—the owner (at law or in equity) of the estate in fee simple;

or

if the land is held from the Crown by lease or licence—the lessee or licensee; or

if the land is held by a Minister or any other agency or instrumentality of the Crown in prescribed circumstances—the Minister or agency or instrumentality of the Crown; or

if the land is under the care, control and management of a council in prescribed circumstances—the council, and includes any other person of a prescribed class included within the ambit of this definition by the regulations;

preliminary rent control notice—see section 25(2);

premises includes a part of premises;

prescribed minimum housing standards—see section 5;

prescribed residential tenancy agreement means a residential tenancy agreement other than—

a residential park agreement within the meaning of the

Residential Parks

Act 2007; or

a residential tenancy agreement within the meaning of the

Residential Tenancies

Act 1995 to which that Act applies; or

a rooming house agreement within the meaning of the

Residential Tenancies

Act 1995;

President means the President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013;

Registrar means the Registrar of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013;

related body corporate has the same meaning as in the Corporations

Act 2001 of the Commonwealth;

rent means an amount payable under a residential tenancy agreement for the right to occupy premises for a period of the tenancy;

rent control notice—see section 25(1);

residential premises means premises used, intended to be used, or reasonably capable of being used, as a place of residence and includes any yard, garden, outbuildings, appurtenances or area belonging to, or usually used in connection with, such premises, but does not include premises of a kind excluded from the ambit of this definition by the regulations;

residential tenancy agreement means an agreement under which a person grants another person, for valuable consideration, a right (which may, but need not, be an exclusive right) to occupy residential premises, but does not include a residential tenancy agreement of a kind excluded from the ambit of this definition by the regulations;

spouse—a person is the spouse of another if they are legally married;

tenant means—

the person who is granted a right of occupancy under a residential tenancy agreement; or

the person to whom the right passes by assignment or operation of law, and includes a prospective tenant and a former tenant;

Tribunal means the South Australian Civil and

Administrative Tribunal established under the South Australian Civil and Administrative Tribunal

Act 2013.

For the purposes of this Act, a person is an

associate of another if—

they are partners; or

1 is a spouse, domestic partner, parent or child of another;

or

they are both trustees or beneficiaries of the same trust, or 1 is a trustee and the other is a beneficiary of the same trust;

or

1 is a body corporate or other entity (whether inside or outside

Australia) and the other is a director or member of the governing body of the body corporate or other entity; or

1 is a body corporate or other entity (whether inside or outside

Australia) and the other is a person who has a legal or equitable interest in

5% or more of the share capital of the body corporate or other entity;

or

they are related bodies corporate within the meaning of the

Corporations

Act 2001 of the Commonwealth; or

a relationship of a prescribed kind exists between them;

or

a chain of relationships can be traced between them under any

1 or more of the above paragraphs.

For the purposes of subsection (2), a beneficiary of a trust includes an object of a discretionary trust.