Restrictions on amounts park operators may charge
12 Restrictions on amounts park operators may charge
A park operator must not require or receive from a long‑stay tenant, or prospective long‑stay tenant, any payment in relation to the long‑stay agreement (including an entry fee or a payment for renewing or extending the agreement) other than a payment for —
rent; or
a security bond; or
an amount paid or payable as consideration for an option to enter into a long‑stay agreement if, when the option is exercised, the amount is refunded or applied towards the rent payable under the agreement; or
an amount that the park operator is authorised to require or receive under this Act; or
an amount for a fee if —
the type of fee is prescribed as a fee that a park operator may charge a long‑stay tenant under the long‑stay agreement; and
the park operator may charge the tenant the fee under the long‑stay agreement; and
the fee is for a service or facility — the amount is necessary to recover the reasonable costs of providing the tenant a service or facility for which the fee is charged or is a reasonable amount.
Penalty for this subsection: a fine of $5 000.
A payment accepted in contravention of this section is recoverable by the person who paid it —
as a debt due in a court of competent jurisdiction; or
by order of the State Administrative Tribunal under Part 5.
[Section 12 inserted: No. 28 of 2020 s. 16.]
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