Terms used
3 Terms used
In this Act, unless the contrary intention appears —
approved form means a form approved under section 88C;
assistance animal means —
an assistance dog as defined in the Dog Act 1976 section 8(1); or
an animal accredited, under a law of a State or Territory or by an animal training organisation, to assist a person with disability in relation to the person’s disability; or
an animal trained —
to assist a person with disability in relation to the person’s disability; and
to meet standards of hygiene and behaviour that are appropriate for an animal in a public place;
bond means a security bond or a tenant compensation bond;
bond administrator means the chief executive officer of the Department;
Commissioner means the person for the time being designated as the Commissioner under section 7A;
common area —
means an area accessible to, or provided for the common use of, tenants; and
includes common property (as defined in the Strata Titles Act 1985 section 3) of a strata scheme or survey strata scheme;
community titles scheme has the meaning given in the Community Titles Act 2018 section 3(1);
competent court, in relation to an application made under this Act, means a court that under section 12A or 13 has jurisdiction to hear and determine the application;
Department means the department of the Public Service principally assisting in the administration of this Act;
disability means a disability —
which is attributable to an intellectual, psychiatric, cognitive, neurological, sensory or physical impairment or a combination of those impairments; and
which is permanent or likely to be permanent; and
which may or may not be of a chronic or episodic nature; and
which results in a substantially reduced capacity of the person for communication, social interaction, learning or mobility;
disputed tenancy matter has the meaning given in section 11E(1);
expiry day, in relation to a residential tenancy agreement that creates a tenancy for a fixed term, means the day on which the residential tenancy agreement would (but for the operation of this Act) upon its terms have terminated by effluxion of time or the happening of an event;
family violence has the meaning given in the Restraining Orders Act 1997 section 5A(1);
furniture safety modification has the meaning given in section 50J(2);
Housing Authority has the meaning given in section 71A;
known party, for Part 5A Division 3, has the meaning given in section 81P;
lessor —
means a person who grants the right to occupy residential premises under a residential tenancy agreement; and
includes —
a personal representative, successor or assignee of a lessor; and
where the context requires, a prospective, or former, lessor;
major modification, in relation to premises, has the meaning given in section 50W(1);
minor modification, in relation to premises, means a modification to the premises of a minor nature prescribed for this definition;
modification, in relation to residential premises, includes —
an alteration or renovation of, or addition to, the premises; and
attaching a thing to the premises;
notice of dispute, of a security bond release application, has the meaning given in section 81H(2);
notice period, in relation to a security bond release application, has the meaning given in section 81F(4);
original condition means —
in relation to residential premises that have been modified — the condition of the premises before the modification was made, fair wear and tear excepted; or
in relation to residential premises that have been damaged — the condition of the premises before the damage occurred, fair wear and tear excepted;
party —
in relation to a residential tenancy agreement — means each of the following —
the lessor under the agreement;
if there is 1 tenant under the agreement — the tenant under the agreement;
if there are 2 or more co‑tenants under the agreement — each co‑tenant under the agreement;
or
in relation to an application to which Part III Division 1 applies — has the meaning given in section 11D;
personal information means information (including an individual’s name) or an opinion, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion;
pet means an animal other than an assistance animal;
premises includes —
any part of premises; and
land and appurtenances appurtenant to premises;
prescribed means prescribed in the regulations;
property manager means a person who is —
licensed or registered under the Real Estate and Business Agents Act 1978; and
in relation to a residential tenancy agreement, the agent of the lessor of the premises to which the agreement relates;
reasonable grounds, for suspecting that a tenant has abandoned residential premises, means that the tenant has failed to pay rent under the residential tenancy agreement and that at least one of the following has occurred —
the presence at the premises of uncollected mail, newspapers or other material;
reports from neighbours of the tenant or from other persons indicating the tenant has abandoned the premises;
the absence of household goods at the premises;
the disconnection of services (including gas, electricity and telephone) to the premises;
rent means a payment under a residential tenancy agreement payable by the tenant in respect of the tenancy period or part of the tenancy period;
Rental Accommodation Account means the Rental Accommodation Account established under Schedule 1 clause 3;
residential premises means premises that constitute or are intended to constitute a place of residence;
residential tenancy agreement means any agreement, whether or not in writing and whether express or implied, under which any person for valuable consideration grants to any other person a right to occupy, whether exclusively or otherwise, any residential premises, or part of residential premises, for the purpose of residence;
retaliatory action has the meaning given in section 26A;
scheme by‑laws —
in the case of a community titles scheme — has the meaning given in the Community Titles Act 2018 section 3(1); or
in the case of a strata titles scheme — has the meaning given in the Strata Titles Act 1985 section 3(1);
security bond means an amount paid or payable by a tenant as security for the performance of the tenant’s obligations under a residential tenancy agreement, including an amount referred to in section 29(1)(b)(ii);
security bond release application has the meaning given in section 81C(1);
social housing premises has the meaning given in section 71A;
social housing provider has the meaning given in section 71A;
social housing tenancy agreement has the meaning given in section 71A;
State Register of Heritage Places means the register established and maintained under the Heritage Act 2018 section 35;
strata company has the meaning given in the Strata Titles Act 1985 section 3(1);
strata titles scheme has the meaning given in the Strata Titles Act 1985 section 3(1);
tenancy means the right of occupancy under a residential tenancy agreement;
tenancy period, in relation to a residential tenancy 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 —
means a person who is granted a right of occupancy of residential premises under a residential tenancy agreement; and
includes, where the context requires, a prospective, or former, tenant;
tenant compensation bond means a bond referred to in section 59D(2).
[Section 3 amended: No. 50 of 1988 s. 4; No. 57 of 1997 s. 39(10); No. 59 of 2004 s. 118; No. 28 of 2006 s. 133; No. 60 of 2011 s. 5 and 90; No. 23 of 2014 s. 87; No. 3 of 2019 s. 4; No. 25 of 2019 s. 64; No. 11 of 2024 s. 4.]
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