Particular terms in long‑stay agreements
10B Particular terms in long‑stay agreements
A long‑stay agreement may include a term (a non‑standard term) other than —
a standard term stated in the Act; or
if a standard‑form agreement is prescribed under section 10A(1) — a term of that standard‑form long‑stay agreement.
However, a non‑standard term —
must not exclude, modify or restrict a standard term or the operation of the Act or contravene a provision of this Act; and
must not be a type of term prescribed for this paragraph as a prohibited term; and
must not be inconsistent with a standard‑form long‑stay agreement that is prescribed under section 10A(1); and
must be set out and clearly labelled as a non‑standard term.
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.
The regulations may prescribe a term as a term that must be included in a long‑stay agreement.
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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