s 3

Terms used

In force

In this Act, unless the contrary intention appears —

abandoned goods means goods that may be treated as abandoned goods under section 48(1);

ADI account means an account with an authorised deposit‑taking institution as defined in the Banking Act 1959 (Commonwealth) section 5;

agreed premises, in relation to a long‑stay agreement, means —

(a)

the site that the long‑stay tenant is entitled to use or occupy under a long‑stay agreement; and

(b)

a structure on the site that the long‑stay tenant is entitled to use or occupy under a long‑stay agreement; and

(c)

a fixture, fitting or chattel provided under a long‑stay agreement for the exclusive use of the long‑stay tenant; and

(d)

in relation to an on‑site home agreement — the on‑site home;

approved form means a form approved by the Commissioner and published on the Department’s website;

bond administrator has the meaning given in the Residential Tenancies Act 1987 section 3;

buyer, of a relocatable home, has the meaning given in section 58(2)(a);

close associate, in relation to a park operator, means —

(a)

if the park operator is an individual, any of the following —

(i)

the spouse, de facto partner, parent, child or sibling of the park operator;

(ii)

the parent, child or sibling of the spouse or de facto partner of the park operator;

(iii)

a body corporate, if a person referred to in subparagraph (i) or (ii) is a director or secretary of the body corporate or a person involved in the management of the body corporate;

(b)

if the park operator is a body corporate, any of the following —

(i)

a director or secretary of the body corporate or of a related body corporate as defined in the Corporations Act 2001 (Commonwealth) section 9;

(ii)

a person involved in the management of the body corporate or of a related body corporate as defined in the Corporations Act 2001 (Commonwealth) section 9;

(iii)

the spouse, de facto partner, parent, child or sibling of a person referred to in subparagraph (i) or (ii);

(iv)

the parent, child or sibling of the spouse or de facto partner of a person referred to in subparagraph (i) or (ii);

(v)

a related body corporate as defined in the Corporations Act 2001 (Commonwealth) section 9;

Commissioner means the person designated as the Commissioner under section 84;

default notice means a notice under section 39(1)(b) or 40(1);

Department means the department of the Public Service principally assisting in the administration of this Act;

DVO has the meaning given under the Domestic Violence Orders (National Recognition) Act 2017 section 4(1);

enter into, in relation to a long‑stay agreement, includes make, renew, extend, assign or otherwise transfer the agreement;

Family Court injunction means an injunction under the Family Court Act 1997 section 235 or 235A or the Family Law Act 1975 (Commonwealth) section 68B or 114;

family violence has the meaning given in the Restraining Orders Act 1997 section 5A(1);

long‑stay agreement or agreement has the meaning given in section 5;

long‑stay site, in relation to a residential park, means a site that the park operator is willing to rent to a person that is used or is intended to be used as the person’s principal place of residence;

long‑stay tenant or tenant means the grantee of a right of occupancy under a long‑stay agreement;

non‑standard term has the meaning given in section 10B(1);

notice of termination means a notice to terminate a long‑stay agreement, or an interest in the agreement, given in accordance with this Act;

on‑site home, in relation to an on‑site home agreement, means the relocatable home provided under the agreement by the park operator;

on‑site home agreement means a long‑stay agreement under which the long‑stay tenant has the right to occupy a relocatable home provided by the park operator;

park operator, in relation to a residential park, means the grantor of a right of occupancy under a residential park tenancy agreement, or the grantor’s successor in title if the succession is subject to the interest of the long‑stay tenant;

park premises, in relation to a residential park —

(a)

means all or any part of the land and structures within the boundaries of the park; and

(b)

includes premises occupied exclusively by the park operator or an agent or employee of the park operator, vacant sites, vacant on‑site homes, agreed premises and shared premises;

park rules has the meaning given in section 54A(1);

pet bond means an amount paid as a security bond as mentioned in section 21(2)(b);

prescribed means prescribed by the regulations;

real estate agent means a person who holds or is required to hold a licence under the Real Estate and Business Agents Act 1978;

reasonable grounds, for suspecting that a long‑stay tenant has abandoned the agreed premises, has the meaning given in section 5A;

relocatable home means a vehicle, building, tent or other structure that is fitted or designed for use as a residence (whether or not it includes bathroom or toilet facilities) and that is or can be parked, assembled or erected on a site in a residential park;

rent, in relation to a long‑stay agreement, means an amount paid or payable under the agreement by the long‑stay tenant in respect of the tenancy period or a part of the tenancy period;

Rental Accommodation Account means the Rental Accommodation Account established under the Residential Tenancies Act 1987 Schedule 1 clause 3;

residential park has the meaning given in section 5B;

security bond means an amount payable by a long‑stay tenant as security for the performance of the tenant’s obligations under the long‑stay agreement, including any amounts of pet bond;

selling agency agreement has the meaning given in section 57(1)(a);

selling agent means a person appointed as a selling agent in relation to the sale of a relocatable home under a selling agency agreement;

shared premises, in relation to a residential park, means —

(a)

the common areas, structures and amenities in the park that the park operator provides for the use of all long‑stay tenants or makes accessible to all tenants; and

(b)

any fixtures, fittings or chattels in or on the common areas, structures or amenities;

site, in relation to a residential park, means an area of land in the park that is set aside for the use of a relocatable home;

site‑only agreement means a long‑stay agreement under which the long‑stay tenant has the right to occupy a relocatable home provided by the long‑stay tenant on a site in the residential park;

successor in title includes a person who acquires an estate in land or has a mortgage in respect of the land;

tenancy means a tenancy under a long‑stay agreement;

tenancy period, in relation to a long‑stay agreement, means the whole period during which the agreement is in force, whether the agreement is for a fixed term or creates a periodic tenancy;

tenant’s document means —

(a)

an official document; or

(b)

a photograph; or

(c)

correspondence; or

(d)

another document which it would be reasonable to expect a person to keep;

voluntary sharing arrangement means a term in a long‑stay agreement in which a long‑stay tenant agrees to pay —

(a)

rent on a deferred basis in accordance with the agreement; or

(b)

one of the following to the park operator when the relocatable home is sold —

(i)

a share of any increase in the sale price of the relocatable home from the price paid by the long‑stay tenant for the home;

(ii)

a share of the total sale price of the relocatable home;

(c)

an amount as an exit fee payable if the relocatable home is sold or removed from the site the subject of a long‑stay agreement and is —

(i)

fixed as an amount set out in the agreement; or

(ii)

calculated by reference to a formula set out in the agreement;

working day means any day except a Saturday, Sunday or public holiday.

[Section 3 inserted: No. 28 of 2020 s. 4.]

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