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s 12

Restrictions on amounts park operators may charge

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Part 2Long‑stay agreements and conduct of long‑stay tenants and park operators
Division 1AGeneral matters

12 Restrictions on amounts park operators may charge

(1)

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 —

(a)

rent; or

(b)

a security bond; or

(c)

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

(d)

an amount that the park operator is authorised to require or receive under this Act; or

(e)

an amount for a fee if —

(i)

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

(ii)

the park operator may charge the tenant the fee under the long‑stay agreement; and

(iii)

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.

(2)

A payment accepted in contravention of this section is recoverable by the person who paid it —

(a)

as a debt due in a court of competent jurisdiction; or

(b)

by order of the State Administrative Tribunal under Part 5.

[Section 12 inserted: No. 28 of 2020 s. 16.]

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