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s 63B

Disputes about park rules

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Part 5State Administrative Tribunal powers
Division 1General provisions

63B Disputes about park rules

(1)

A long‑stay tenant may apply to the State Administrative Tribunal for relief in relation to park rules.

(2)

Without limiting subsection (1), the long‑stay tenant may make an application for any of the following reasons —

(a)

a park rule is unreasonable;

(b)

a park rule is not applied or enforced in a reasonable, fair or equitable way;

(c)

the manner a park rule is applied or enforced affects the tenant in a harsh or unreasonable way;

(d)

a park rule is inconsistent with section 54A(2) or any regulations made under section 54B(1).

(3)

A park operator may also apply to the State Administrative Tribunal for relief in relation to park rules.

(4)

In deciding whether a park rule is applied or enforced in a way that is contrary to subsection (2)(b) or (c), the State Administrative Tribunal may consider —

(a)

the nature of the breach of the park rule; and

(b)

what timeframes were imposed as a result of the breach; and

(c)

any previous breaches.

(5)

The State Administrative Tribunal may, if the tribunal considers it is appropriate —

(a)

order that a person comply with the park rules; or

(b)

revoke or alter a park rule, or give directions modifying the operation of a park rule in relation to a long‑stay tenant; or

(c)

make another order the tribunal considers appropriate.

[Section 63B inserted: No. 28 of 2020 s. 60.]

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