Long‑stay agreements
5 Long‑stay agreements
In this Act, a long‑stay agreement is an agreement made between a person and a park operator under which the park operator for valuable consideration grants to the person the right to occupy —
a relocatable home provided by the park operator on a site in the residential park as the person’s principal place of residence; or
a relocatable home provided by the person on a site in the residential park as the person’s principal place of residence.
However, an agreement is not a long‑stay agreement if it —
confers on a person the right to occupy a site or other park premises in a residential park for a holiday; or
confers on an employee or agent of a park operator the right to occupy a site or other park premises in a residential park during the term of the employment or agency; or
confers on an itinerant worker the right to occupy a site or other park premises in a residential park, unless the parties agree that the agreement is a long‑stay agreement; or
is a prescribed agreement or class of agreement.
In subsection (2)(c) an itinerant worker means a person who —
is undertaking seasonal work; and
will occupy a site or other park premises in a residential park only to carry out the seasonal work; and
does not ordinarily occupy a site in the residential park.
Example for this definition:
A person who stays at a residential park in order to engage in employment picking fruit for 3 months.
An agreement or class of agreement cannot be prescribed under subsection (2)(d) unless the Minister is satisfied that —
the agreement or class of agreement to be prescribed is sufficiently regulated by another Act; or
the accommodation provided under the agreement is not accommodation that should be regulated by the Act.
If an agreement confers a right to occupy the same or similar site or other park premises for a period of 3 months or longer, the agreement is taken, in the absence of proof to the contrary, not to have been entered into for the purpose of conferring a right to occupy the site or premises for a holiday.
A reference in subsection (5) to an agreement includes a reference to an agreement that is part of a series of consecutive agreements between the same parties.
[Section 5 inserted: No. 28 of 2020 s. 5.]
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