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s 10B

Particular terms in long‑stay agreements

In force
Part 2Long‑stay agreements and conduct of long‑stay tenants and park operators
Division 1Form of long‑stay agreements

10B Particular terms in long‑stay agreements

(1)

A long‑stay agreement may include a term (a non‑standard term) other than —

(a)

a standard term stated in the Act; or

(b)

if a standard‑form agreement is prescribed under section 10A(1) — a term of that standard‑form long‑stay agreement.

(2)

However, a non‑standard term —

(a)

must not exclude, modify or restrict a standard term or the operation of the Act or contravene a provision of this Act; and

(b)

must not be a type of term prescribed for this paragraph as a prohibited term; and

(c)

must not be inconsistent with a standard‑form long‑stay agreement that is prescribed under section 10A(1); and

(d)

must be set out and clearly labelled as a non‑standard term.

(3)

A park operator must not enter into a long‑stay agreement that includes a non‑standard term referred to in subsection (2).

Penalty for this subsection: a fine of $5 000.

(4)

The regulations may prescribe a term as a term that must be included in a long‑stay agreement.

(5)

A park operator must not enter into a long‑stay agreement that does not include a term prescribed under subsection (4).

Penalty for this subsection: a fine of $5 000.

Note for this section:

Under section 62, a long‑stay tenant may apply to the State Administrative Tribunal for particular orders in relation to a long‑stay agreement that does not comply with this section.

[Section 10B inserted: No. 28 of 2020 s. 14.]

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