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s 20

Age‑restricted residential parks

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

20 Age‑restricted residential parks

(1)

A long‑stay agreement may include a term to the effect that children are not permitted to occupy a site in a residential park only if the site the subject of the agreement is within a park, or part of a park, in which —

(a)

both of the following apply —

(i)

it is intended that each site within the park, or part of the park, will be solely or principally occupied by a person of a particular age;

(ii)

each long‑stay agreement entered into between the park operator and a long‑stay tenant of the park, or part of the park, includes a term to the effect that children are not permitted to live on the agreed premises;

or

(b)

the residential park is operated under a licence under the Caravan Parks and Camping Grounds Act 1995 and the licence permits the park operator to include such a term in the agreement.

(2)

A park operator must not do any of the following on the grounds that it is intended that a child will live on the agreed premises unless the site the person is to use or occupy is within a park, or part of a park, to which subsection (1) applies —

(a)

refuse to enter into a long‑stay agreement with a person;

(b)

advertise or otherwise indicate an intention to refuse to enter into a long‑stay agreement with a person;

(c)

instruct anyone else on the park operator’s behalf —

(i)

to refuse to enter into a long‑stay agreement with a person; or

(ii)

to advertise or otherwise indicate an intention to refuse to enter into a long‑stay agreement with a person.

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

[Section 20 inserted: No. 28 of 2020 s. 20.]

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