2011

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR JUSTICE AND ATTORNEY-GENERAL

Caravan Parks Bill 2011

SERIAL NO. 190

EXPLANATORY STATEMENT

GENERAL OUTLINE

The Caravan Parks Bill 2011 (the Bill) provides for the repeal of Part 2 of the Residential Tenancies Amendment Act 2010 and for the following provisions regarding the operators and residents of caravan parks:
·	that the Act will, as a general rule, not apply to holiday accommodation and will otherwise only apply to long-term tenancies in caravan parks that are agreed between the operator and the resident as being for long term purposes;
·	that the Commissioner of Tenancies will have statutory responsibility for the administration of the Act and for various functions and powers under the Act;
·	the establishment of a statutory fund whose monies can be used by government and industry concerning the administration of the Act and for education and training regarding the operation of the Act;
·	for the regulation of caravan park agreements, including a default agreement if the parties have not entered into an agreement or if their agreement is in breach of the Act; 
·	provisions regarding condition reports;
·	provisions regarding security deposits;
·	provisions regarding the payment of rent;
·	provisions regarding the respective rights and responsibilities of residents and operators;

·	provisions regarding repairs;
·	provisions regarding terminations;
·	provisions regarding repossessions and abandoned goods;
·	provisions regarding park rules, site relocations and sales of caravans;
·	provisions regarding dispute resolution; 
·	a power for the Commissioner of Tenancies to pay for valuations required for the determination of rents in appropriate circumstances such as economic hardship;
·	in determining the payment of compensation to tenants for breaches of the Act, the Commissioner of Tenancies to be able to take into account whether the tenant has agreed to the breach.

The Bill amends the Residential Tenancies Act by including definitions relevant to the exclusion of caravans from the scope of operation of that Act.  Immovable dwellings located in caravan parks will be subject to the Caravan Parks Act rather than the Residential Tenancies Act.

The Bill also makes a consequential amendment to the Misuse of Drugs Act so as to clarify the operation of the “drug premises” provisions of that Act concerning caravans.

NOTES ON CLAUSES

Part 1			Introductory matters

Division 1		Preliminary matters

1.	Short Title

This is a formal clause which provides for the citation of the Bill.  The Bill when passed may be cited as the Caravan Parks Bill 2011.

2.	Commencement

This clause, when read with section 6A of the Interpretation Act, provides that the provisions of the Bill will commence on the day or days fixed by the Administrator by notice in the Gazette. 

3.	Main Objectives (cf s. 3, Residential Tenancies Act)

When read with section 62AA of the Interpretation Act, this clause provides for the object, scope and purpose of the Bill.  The objects are stating as being to balance the rights, obligations and enforcement options of residents and operators, to ensure that residents are provided with safe and habitable caravans and to facilitate operators receiving fair financial returns.

Division 2 	Interpretation 

4.	Definitions (cf s. 4, Residential Tenancies Act)

This clause, along with clauses 5-8, provides for the definitions used within the Act.  

The main definitions in clause 4 of significance include those of “fixed term tenancy”, “court”, “tenancy” and “rent”. 

5.	Meaning of caravan 

This clause provides for the definition of a caravan.  In essence a caravan is a trailer or self propelled vehicle that can be used for residential purposes. 

Additionally, an immovable dwelling (eg a building) or a mobile home is treated as a caravan for the purposes of the Act if it is located in a caravan park.  

A caravan, for the purposes of the Act, also includes any annex used as an extension to the caravan.  A

6.	Meaning of various terms about caravan park agreements 

This clause, distinguishes between two types of caravan park agreements, a caravan park site agreement and a caravan and park site agreement.

A caravan park site agreement is solely in relation to the land on which only caravans can be placed. If the site does not have a caravan on it but is used a place for erecting a tent, the legislation ceases to apply to the site from the time when the tent is placed on the site. 

A caravan and park site agreement relates to the agreed use of land and where the caravan is provided by the site park owner.

7.	Meaning of operator

This clause defines “operator” such that the operator is the person who grants another person rights of occupancy under caravan parks agreements.   The operator does not need to be the registered owner under the Land Title Act of the land.   However, unless the operator has or had relevant authority of the registered owner any grant of rights of occupancy is likely to be of no effect.

8.	Meaning of resident

This clause defines a resident as person other than an operator who has been granted or who has a right of occupancy. 

Division 3 	Matters relating to the application of Act

9.	Act binds Crown (cf s. 5, Residential Tenancies Act)

This clause means that the Northern Territory Government and its agencies must comply with the Act.  The intent is also that the Act applies to all other Governments and their agencies to the extent that it is possible for the Northern Territory Parliament to make laws that bind other Governments.

However, the Crown and agencies within the shield of the Crown cannot be prosecuted for breaches of the Act.  This does not prevent the prosecution of employees of the Crown.

10.	Application of Act (cf s. 6, Residential Tenancies Act)

Sub-clause (1) provides that the Act only applies to arrangements entered into on or after the date of commencement (see clause 2 regarding commencement).
Sub-clause (2) provides that Parts 2 to 16 do not apply where the occupied caravan is for provided for holiday accommodation.  The meaning of “holiday accommodation” is spelt out in sub-clause (3).

Sub-clause (4) provides that Parts 2 to 16 do not apply to the following kinds of agreements or arrangements:

·	Where no rent is paid (even if services are provided in exchange for the occupancy of the caravan);
·	Where no rent is payed but services are provided for occupying caravan;
·	A caravan provided to homeless person for charitable purposes or as emergency shelters;
·	An agreement made between family or friends where nominal rent is charged and there is no intention to create a caravan park agreement;
·	Where a person occupies or intended to occupy the land for a period of less than the prescribed period of days.  The Act will not apply if the period ends up being for more than the prescribed period of days.  The exemption relating to “holiday accommodation” operates independently of this provision (clause 11(3)).  A person can enter into occupancy in a holiday accommodation place for any length of time without the Act applying.

Clause 10(5) provides that despite the rest of clause 10 an occupier and a resident may enter into agreements such that the agreement operates subject to the Act.
Clause 10(6) defines “excluded agreement” for the purposes of clauses such as clause 11.
Clause 10(7) provides for the definition of “prescribed period” – it is 12 months,

11.	Operator to tell person if agreement is an excluded agreement 

This clause spells out the obligations of an operator in the circumstance where a person intends to occupy a caravan park for holiday purposes or for between 28 and the prescribed period of 90 days.  For such cases the operator must give notice that the agreement is not one to which the rest of the Act will apply.  
The notice can be given orally or by way of:
·	information on a notice board;
·	information on an internet booking site; or 
·	notice in a document that is handed over to the resident (this is not spelt out in the legislation but comes within the ordinary meaning of clause 12(2)).

12.	Application of Act when party is only 16 or 17 years of age (cf s. 8, Residential Tenancies Act)

This clause sets out the circumstances in which the Act will apply to persons between the ages of 16 and 18.  It deals with the common law which otherwise limits the extent to which children, being persons aged under 18 years, are bound by contracts.  The common law continues to apply to children aged under 16 years.  

13.	Exemption from all or part of the Act (cf s. 7, Residential Tenancies Act)

This clause provides that the Minister may grant exemptions from the operation of the Act.  Such exemptions must be published in the Gazette and can only be given after the Minister has engaged in public consultation following publication in a newspaper of the proposed exemption.  

Division 4 	Criminal Code applies to offences under Act  

14.	Application of Criminal Code 

This clause provides that Part IIAA of the Criminal Code applies to offences under that Act.  This means that in ascertaining the principles of criminal responsibility that apply to offences regard must be had to Part IIAA of the Criminal Code rather than to Part II of the Criminal Code or the common law. 

Division 5	Liability for actions 

15.	Liability of representative
This clause sets out that a defendant has a defence if the person, when acting as the representative (ie as an employee or agent) of another person is at the time of the commission of the offence acting under the direct or indirect supervision of the other person.

16.	Conduct of representative (cf ss 9-11, Residential Tenancies Act)

An operator is vicariously liable for the conduct of an agent or employee as long as they had actual or apparent authority to engage in that conduct.

Vicarious liability extends to employee or agent of an operator’s agent provided the conduct was in the actual or apparent authority of the operator’s agent’s agent or employee.  This clause applies to all occupancies (i.e. whether or not permanent).

The state of mind of the body corporate must be established in relation to a particular conduct, if proceedings are brought forth.  

17.	Vicarious liability of resident (cf s. 12, Residential Tenancies Act)

This clause provides that a resident may be vicariously liable for the act or omission of the resident’s guest who committed the act that is in breach of the agreement. This clause applies regardless of whether the act was committed with consent of the resident. 

This clause does not place any criminal liability on the resident. 

This clause applies to all caravan park agreements – that is, regardless of whether clauses 11 and 12 might otherwise operate so that that the Act does not

Part 2	Commissioner of Tenancies

18.	Functions and powers of Commissioner (cf s. 13, Residential Tenancies Act)

This clause outlines the responsibility and functions of the Commissioner of Tenancies (as appointed under section 13 of the Residential Tenancies Act) which include but are not limited to investigating and researching matters affecting parties to a caravan agreement, providing information to the public about this Act, dealing with breaches of the Act and producing model caravan park agreements. 

19.	Delegation by Commissioner (cf s. 14, Residential Tenancies Act)

This clause authorises the Commissioner to delegate power under this Act to another person, except the power of delegation.

20.	Annual Report (cf s. 15, Residential Tenancies Act)

The Commissioner must prepare a report to the Minister on the administration of this Act on or before the 31 October in each year. This report must be tabled in the Legislative Assembly and may be included with the report required under the Residential Tenancies Act.

21.	Caravan Park Residents Trust Account (cf s. 16, Residential Tenancies Act)

This clause provides for the establishment by the Accountable Officer (i.e. the CEO) of a trust account (called CPRT Account in the legislation). 

22.	Payments from the Agents Licensing Fidelity Fund to the CPRT Account (cf s. 16, Residential Tenancies Act)

This clause allows the Minister to transfer a proportion of the Trust Fund under the Agents Licensing Act into the Caravan Park Residents Trust Account for the purpose of fulfilling obligations under this Act as specified in sub-section (1). The Minister may also determine transfer under sub-section (1) if he or she has consulted with operators’ representative organisations, residents’ representative organisations and the Agents Licensing Fidelity Guarantee Fund.

23.	Protection from liability (cf s. 17, Residential Tenancies Act)

The Commissioner, the Commissioner’s delegates or a person authorised by the Commissioner are not liable for an act done in good faith whilst performing functions under this Act.

24.	Commissioner is enforcement agency (cf s. 18, Residential Tenancies Act)

This clause provides that the Commissioner is an enforcement agency for the purposes of the Fines and Penalties (Recovery) Act. This means that, if regulations are made permitting the issuing of infringement notices, the Commissioner is the person who can issue them. 

Part 3	Caravan park agreements

25.	Caravan park agreement to be written, signed and include certain matters  (cf s. 19, Residential Tenancies Act)

This clause outlines specified content that should be in a written caravan park agreement if there is such a written agreement. The operator must give a signed copy of the agreement to the resident.  The next 2 clauses deal with the situation where there is no written agreement or if any written agreement does not comply with this clause,

26.	Caravan park agreement not complying with section 25 

This clause sets out what is the caravan park agreement for the purposes of the legislation if there is no written agreement for the purposes of the previous clause or if a written agreement does not comply with that clause.  
It sets out that:
·	The person who paid the rent is taken to be the resident;
·	The person who received the rent is taken to be the operator;
·	The site to which the resident is given access is taken to be the caravan park site;
·	Each agreement is to contain the terms mandated by the legislation;
·	The amount of the rent is taken to be the rent; and
·	‘the period for which the rent is paid’ is taken to be the period of a period tenancy under the Act. 

27.	Forms of caravan park agreements

This sets out that the CEO must approve standard form agreements.

28.	Contract to avoid Act prohibited (cf s. 20, Residential Tenancies Act)

This clause provides that the any agreement which in inconsistent with this Act that is not permitted under the Act, any waiver of right under the Act is void to the extent of the inconsistency.

29.	Resident not to give false information  (cf s. 21, Residential Tenancies Act)

The resident must not give knowingly false information about their identity and any other information under the Act in relation to the caravan park agreement.

The maximum penalty for breach is 100 penalty units ($13,700).

30.	Harsh or unconscionable term (cf s. 22, Residential Tenancies Act)

This clause gives the relevant court (as defined in clause 4) the power to rescind or vary terms of a caravan park agreement, not permitted under the Act, if the court is satisfied that the term is harsh or unconscionable.  This is additional to the provisions under the Australian Consumer Law regarding unfair terms in standard form contracts.

31.	Operator not to require or receive payment for preparing agreement (cf s. 23, Residential Tenancies Act)

This clause prohibits an operator from requiring or receiving payment for the preparation of the caravan park agreement

32.	Operator cannot impose extra charges or liabilities  (cf s. 24, Residential Tenancies Act)

This clause limits the payments that a landlord can require to be made by a resident.  However, the operator is not prohibited from requiring amounts to be paid as a deposit for keys or similar device to access a caravan park or part of a caravan park.  

Part 4	Condition reports and bonds

Division 1	Condition reports

33.	Conditions report generally (cf s. 24, Residential Tenancies Act)

This clause defines what is a condition report.  The condition report can be in entirely or partly in writing and partly using images or entirely using images. 

34.	Condition report at start of occupancy (cf s. 25, Residential Tenancies Act)

Clause 34 provides that the an operator may give, no later than 3 business days, the resident a report on the condition of the caravan or caravan site that relates specifically to the site of the caravan park, the walls, floors and ceilings of the caravan and the rooms, its walls, floors and ceilings. The report should also itemise the condition of any fixture or chattel that is additional property, annexed to the caravan or caravan site.

The clause also specifies that the condition report is to be filled in the presence of the resident or a representative of the resident to the extent that it is practical, unless the resident or the representative do not appear on the agreed time.

The purpose of the report is to establish the condition of the property at the time when the occupancy commenced. If a condition report is not completed in accordance with the Act the operator may not be able to prove various matters when, at the end of the occupancy, the operator may wish to claim the whole or any part of the security deposit. 

35.	Acceptance of condition report with or without modifications. (cf s. 26, Residential Tenancies Act)

The resident is taken to have accepted the condition report if within 5 business days after receiving the condition report, the resident signed the copy returning it to the operator or if the resident does not return the signed copy after 5 business days. 

The clause also specifies that amendments to the report may be made by the resident marking and initialling the relevant modifications and returning the report to the operator. The operator must then after 5 business days of receiving the modified report accept the changes or reach an agreement with the resident as to the content of the report. 

36.	Commissioner may prepare condition report if no agreement (cf s. 27, Residential Tenancies Act)

If under the previous clause the operator and resident are unable to reach an agreement as to the contents of the report, either party may within 5 business days of the operator receiving the modified report from the resident, apply to the Commissioner to prepare the contents of the report. 

37.	Condition report conclusive of condition at start of occupancy (cf s. 28, Residential Tenancies Act)

This clause provides that the condition report is evidence of the condition of the agreement property and the provision and condition of ancillary property. 

Agreement property is the site provided under the agreement and if provided, a caravan. If the condition report relates to the start of the tenancy then it is evidence as to the condition of agreement and ancillary property at start of the tenancy agreement.

38.	Condition report has effect for continuation of occupancy (cf s. 28A, Residential Tenancies Act)

If a condition report is not prepared when a new occupancy by residents for the same property then the condition report prepared for the original occupancy will continue to have effect for the subsequent occupancy. 

Despite, a waiver of rent between the period of continuing and original occupancy or that there is an addition of another resident to the new agreement, the report will continue to have same effect for the continuation period. 

39.	Operator must not require resident to vacate for condition report (cf s. 28B, Residential Tenancies Act)

The resident must not be required to vacate in order for a condition report to be completed when an occupancy is renewed.

Division 2	 Bonds and security deposits

40.	Bonds (cf s. 29, Residential Tenancies Act)

An operator must not require more than one bond or security deposit for the same caravan park agreement.  This clause specifies that the operator must also not require a security deposit equal to more than 4 weeks of rent as per the agreement.

The security deposit for the purposes of sub-clause (1)(b) is the lowest payable rent per week before being multiplied by 4.

41.	Increase in security deposit (cf s. 30, Residential Tenancies Act)

This clause provides, if there is an increase in rent under the Act, the operator may require the resident to pay a further amount to increase the security deposit so that it increases to no more than a single week’s rent at the new increased rate multiplied by 4.

This clause only applies if the notice is given 2 years after the security deposit was paid or last increased. 

42.	Receipt to be provided for security deposit (cf s. 31, Residential Tenancies Act)

This clause provides that an operator must immediately provide a receipt to the person who paid the security deposit and or the resident on whose behalf the payment was made. 

The receipt must contain the following:

·	the date the amount was received; 
·	the name of the resident;
·	the amount paid, and 
·	the address of the caravan or caravan site for which the security deposit is made. 

43.	Statement of security deposit details to be given to the resident (cf s. 32, Residential Tenancies Act)

This clause provides that if an operator receives a written request from the resident, the operator must provide a written statement about the account in which the security deposit is held. 

This should include the name of the account, whether or not the account is established under section 50 of the Agents Licensing Act.  If the account is not established under section 50 of the Agents Licensing Act the name of the financial institution where the account is held and the rate of interest, the amount of the security deposit and the day on which it was paid into the account. 

44.	Apportioning of security deposit between co-residents (cf s. 33, Residential Tenancies Act)

A bond by which a security deposit is paid may specify the portions each resident under the agreement paid. Sub-clause (2) states, if the bond does not specify, then the proportions are taken to have been paid in equal by each resident. 

Part 5	Rent

Division 1 	Payment of rent 

45.	How and where rent to be paid (cf s. 35, Residential Tenancies Act)

The caravan park agreement must specify the manner and the place the specified rent is to be paid and the rent must be paid in such a manner as specified. 

The manner and place of the payment of the rent specified under the agreement can be agreed in writing between the operator and resident.

46.	Operator to keep proper records on rent (cf s. 36, Residential Tenancies Act)

The operator must keep a written record of each instalment of rent received. This may also be in an electronic record.

The record should compulsorily have the amount of rent paid, the date on which the rent was received, the period of occupancy to which the rent relates and the address of the caravan or caravan site to which the rent relates.

The resident may request to examine the record of rent, which the operator must comply with.

47.	Operator to give receipt for rent (cf s. 37, Residential Tenancies Act)

This clause provides for the content and timing of the receipt to be provided to the resident. The receipt must specify the date on which the rent was received, the name of the person paying the rent, the amount paid, the period of the tenancy relating to the payment and the address of the caravan or caravan site. 

The receipt only needs to be issued for cash payment and the resident may acquire a receipt for cheque payments by request to the operator. Receipt for cash is to be issued before the end of the next business day after the cash is received and the receipt for cheque to be issued within 3 business days of the request.

A receipt is not required if the payment of rent is by direct credit or into a prescribed account (eg into ADI or the TIO). 

48.	Resident’s goods cannot be seized to pay rent (cf s. 38, Residential Tenancies Act)

It is not justified under this section to seize the goods and property of a resident if they have not paid rent as per the caravan park agreement. 

Division 2	Amount of rent payable

49.	Rent in advance  (cf s.39, Residential Tenancies Act)

The operator must not require the resident give rent in advance for the following rental period until the end of the current rental period for which the rent has been paid. 

50.	How rent accrues  (cf s.40, Residential Tenancies Act)

Under this clause the accrual of rent is day to day.

51.	Increases in rent (cf s.41, Residential Tenancies Act)

Under this clause an operator may increase the rent if, the right to increase the rent and the amount of increase are stated in the agreement.  The operator must give a 30 day notice containing the amount of increase and the date from which the increase is to take effect. 

The operator cannot increase the rent before 6 months have passed since the start of the agreement or if it has been less than 6 months. 

Rent can also be increased by way of a general increase applying to the whole of the Park (see sub-section (5)).

52.	Commissioner may declare rent excessive  (cf s.42, Residential Tenancies Act)

The Commissioner may declare rent excessive provided a 14 day notice has been given, the operator has been invited to make submissions and those submissions have been considered.

The determination whether the rent is excessive should be made having regard to the following:

1.	general level of rents for similar or alike caravans or caravan site; in a similar locality; and 
2.	the cost of any services provided by the operator or resident.

53.	Commissioner may pay for valuation of caravan (cf s.42A, Residential Tenancies Act)

This clause applies if a resident has applied to the Commissioner for a declaration that rent is excessive.  In sch a case the Commissioner may arrange for, and pay, the costs of a valuation about the property.  The costs are met from the fund referred to in clause 22. 

54.	Repayment of rent paid in advance (cf s.43, Residential Tenancies Act)

This clause provides that, in the event of an early termination of an occupancy, the operator must repay any rent that has been paid in advance.  The amount of the payment takes into account what monies might otherwise be payable by the resident to the operator.

55.	Accelerated rent and liquidated damages prohibited (cf s.44, Residential Tenancies Act)

This clause provides that it is illegal for the operator to impose penalties for breach that do not relate to the financial consequences of the breach.  Thus penalties cannot include an increase in the rent and amounts that are not proportional to the operator’s actual damage.

56.	Commissioner may determine if penalty or liquidated damages (cf s.45, Residential Tenancies Act)

This clause provides that the Commissioner may review clauses that may operate so as to impose penalty provisions that breach the previous clause.

57.	Reductions in rent by agreement (cf s.46, Residential Tenancies Act)

This clause provides that rents may be reduced by agreement, including agreement that operates only for limited periods of time.

Part 6	Repairs, maintenance and related matters

Division 1 	Operator’s responsibilities

58.	Agreement property not to be let unless habitable and safe (cf s.47, Residential Tenancies Act)

This clause provides that an operator must not enter into a caravan park agreement unless the caravan is habitable and meets all relevant health and safety requirements.

59.	Agreement property to be clean and suitable for habitation (cf s.48, Residential Tenancies Act)

This clause provides that that it is a term of each caravan park agreement that the caravan is habitable, meets health and safety requirements and is reasonably clean at the beginning of the occupancy.

60.	Keeping caravan parks etc. clean (cf s.48A, Residential Tenancies Act)

This clause provides that it is a term of a caravan park tenancy that the caravan park owner must keep the various common areas in a caravan park clean and safe and also arrange for the collection of garbage.

61.	Keeping communal areas clean and tidy and repairing, maintaining and renovating the areas (cf s.48B, Residential Tenancies Act)

This clause  provides that it is a term of a caravan park occupancy that the caravan park owner must keep communal bathrooms and the like clean and tidy.  In doing so, the caravan park owner is obliged to minimise inconvenience and disruption to residents.

62.	Caravan to be secure (cf s.49, Residential Tenancies Act)

This clause  provides that it is a term of a caravan park occupancy that the operator must ensure that the caravan is kept responsibly secure and that the operator will not without the consent of the resident alter or remove relevant locks and security devices.

63.	If operator changes locks, key is to be provided (cf s.50, Residential Tenancies Act)

This clause makes it an offence to change locks or security devices without reasonable excuse or without the consent of the resident.

Division 2	Resident’s responsibilities

64.	Cleanliness and damage (cf s.51, Residential Tenancies Act)

This clause provides that the occupant must not maintain the property in an unreasonably dirty condition and must notify the operator of damage.  

65.	Term that resident not to alter, remove or add lock to agreement property and offence (cf s.52, Residential Tenancies Act)

This clause provides that it is a term on a caravan park agreement that the resident must not alter locks and devices without reasonable excuse of the consent of the operator.

66.	If resident alters locks, key to be provided to operator (cf s.53, Residential Tenancies Act)

This clause provides that it is an offence for a resident to alter locks and devices a copy must be provided to the operation.

The offence is one of strict liability with a maximum penalty of 20 penalty units ($3400).

67.	No illegal conduct or nuisance on agreement property (cf s.54, Residential Tenancies Act)

This clause provides that it is a term of a caravan park agreement that the resident must not use the property for illegal purposes, cause a nuisance in on or around the property or interfere with the reasonable peace and privacy of others in the vicinity.

68.	Alteration of agreement property (cf s.55, Residential Tenancies Act)

This clause provides that it is a term of a caravan park agreement that the resident must not, with consent alter the property.  Similarly it is a term that the resident may only move fixtures attached to the land by the resident if the removal causes no damage.  If a resident damages the property the resident must notify the operator.  

69.	Resident to notify if agreement property to be unoccupied for more than 30 days  (cf s.56, Residential Tenancies Act)

This clause provides that it is a term of a caravan park agreement that the resident is to notify the operator if the property is to be left vacant for more than 30 days.

Division 3	Repairs

70.	Operator’s obligation to repair (cf s.57, Residential Tenancies Act)

This clause provides that it is a term of a caravan park agreement that the operator must maintain the property in a reasonable state of repair.  The operator is not in breach unless the operator has notice of the need for repairs or if the need for the repairs was known by the resident prior to the commencement of the occupancy. 

71.	Resident to notify operator if repairs required (cf s.58, Residential Tenancies Act)

This clause provides that it is a term of a caravan park agreement that the resident must notify the operator if significant repairs are needed.

72.	Maximum amount resident may claim from operator for repairs  (cf s.59, Residential Tenancies Act)

This clause provides that a resident who makes repairs in accordance with the following clause is not entitled to recompense greater than 2 weeks of rent.

73.	When resident may make repairs (cf s.60, Residential Tenancies Act)

This clause sets the circumstances in which the resident can make repairs.  They include where the property is uninhabitable or unsafe (or is in danger of becoming so). The operator must have failed to have completed repairs in accordance with the time limits contained in paragraph (d).

74.	When and how resident may claim money for permitted repairs (cf s.61, Residential Tenancies Act)

This clause sets out the circumstances in which the resident may claim from the operator the cost of repairs.  If there is a dispute the Commissioner can make an appropriate order.

75.	Resident to use nominated repairers (cf s.62 Residential Tenancies Act)

If the operator nominates a repairer, the resident must use that repairer except where the resident cannot engage the nominated repairer and has obtained quotes and used, where possible, the repairer who has provided the lowest quote.

76.	Emergency repairs may be ordered by Commissioner(cf s.63, Residential Tenancies Act)

This clause sets out the circumstances in which the Commissioner may order emergency repairs.

Part 7	Resident’s right to enjoy agreement property

Division 1

77.	Vacant possession (cf s.64, Residential Tenancies Act)

This clause provides that it is a term of a caravan park agreement that the resident is entitled to vacant and lawful possession.  This principle does not apply to any part of the property designated in the  agreement regarding areas of land for which exclusive possession is not provided.

78.	Resident to be able to use and enjoy property (cf s.65, Residential Tenancies Act)

This clause provides that it is a term of a tenancy premises in a caravan park that the landlord will not cause interference with the occupant’s use of the common areas in the caravan park.  

79.	Operator not to interfere with resident’s enjoyment of caravan (cf s.66, Residential Tenancies Act)

This clause makes it an offence for the operator to interfere with the resident’s enjoyment of the caravan.

80.	Resident’s right of association (cf s.67, Residential Tenancies Act and s.122F of Residential Tenancies Amendment Act 2010

This clause makes it an offence for an operator to interfere with residents forming a resident’s association.    The maximum penalty for breach is 100 penalty units ($13,700).

Part 8	Operator’s right to enter agreement property

81.	Entry permitted only in accordance with Act (cf s.68, Residential Tenancies Act)

This clause provides that it is a term of all caravan park agreements that the operator can only enter the occupied premises in accordance with the provisions of the Act.  These provisions are set out in clauses relating to collection of rent, for the purposes of inspection, repairs and maintenance, emergencies and preparation of condition reports.

82.	Collection of rent (cf s.69, Residential Tenancies Act)

This clause sets out the circumstances where the operator can enter the caravan for the purpose of collecting rent.  Entry must be between the hours of 7am and 9pm at a time agreed at least 7 days earlier and no more often than each 7 days.  

83.	Inspection of agreement property  (cf s.70, Residential Tenancies Act)

This clause sets out the circumstances where the operator can enter the caravan for the purpose of inspection.   Entry must be between the hours of 7am and 9pm at a time agreed at least 7 days earlier and no more often than each 3 months.  

84.	Repairs and maintenance (cf s.71, Residential Tenancies Act)

This clause sets out the circumstances where the operator can enter the caravan for the purpose of repairs and maintenance.   Entry must be between the hours of 7am and 9pm and notice of at least 24 hours should be provided (but see the next clause regarding emergency repairs).

85.	Emergency or significant damage (cf s.72, Residential Tenancies Act)

This clause sets out that the operator can enter the caravan at any time if there is an emergency or of there are reasonable grounds for suspecting that significant damage has occurred.

86.	Preparation of condition report (cf s.73, Residential Tenancies Act)

This clause sets out the circumstances where the operator can enter the caravan for the purpose of the preparation of a  condition report.    Entry must be between the hours of 7am and 9pm and notice of at least 24 hours should be provided. 

87.	Inspection by prospective residents or purchasers (cf s.74, Residential Tenancies Act)

This sets out the circumstances in which caravans can be entered if the operator is seeking to sell the caravan park.

88.	Entry with consent between 7 am and 9pm (cf s.75, Residential Tenancies Act)

Entry can occur at any time between 7am and 9pm if consent is given immediately before entry.

89.	Resident to be present at entry (cf s.76, Residential Tenancies Act)

This clause sets out the general rule that the resident must be present when an entry occurs.  It also sets out the circumstances where the resident is not required to be present.

90.	Commissioner may order resident to let operator enter caravan (cf s.77, Residential Tenancies Act)

The Commissioner of Tenancies can order that a operator have the right to enter the premises if a the lawful entry is impeded by a resident. 

Part 9	Matters relating to assignment or subletting

91.	Assignment or sublease of caravan permitted with consent (cf s.78, Residential Tenancies Act)

This clause provides that it is a term of all caravan park agreements that assignment and subletting can occur so long as the operator has consented.  The consent of the operator is entirely at the discretion of the operator (as set out in clause 92(4)).

92.	Consent to assignments and subletting (cf s.79, Residential Tenancies Act)

This clause sets out how consent can be given to subletting and assignments.  The intent of clause 92(4) is that the operator has, subject to the operation of laws such as the Anti discrimination Act, an absolute discretion regarding who may live in the caravan park.  

93.	Security deposit if lease assigned (cf s.80, Residential Tenancies Act)

This clause sets out that if an assignment occurs with the consent of the operator the former resident is taken to have consented to the transfer to the new resident of his or her interest in any security deposit.

94.	Unreasonable charges for assignment or subletting (cf s.81, Residential Tenancies Act)

This clause provides that it is an offence for an operator to require the payment of anything other than reasonable expenses for the assignment of the agreement or subletting.

Part 10	Termination of agreement

Division 1	When termination occurs

95.	When termination occurs (cf s.82, Residential Tenancies Act)

This clause lists the circumstances in which occupancy is terminated.  They are limited to:
·	When one of the parties terminates in accordance with the legislation;
·	When the Commissioner or a court terminates the occupancy
·	When there is abandonment;
·	When a person with superior title takes over from the operator;
·	If the sole resident dies (and there is not a person such as a spouse);
·	If the resident gives up possession with consent;
·	If there is a merger of the interests in the property.
96.	Fixed term tenancy becomes periodic if not terminated (cf s.83, Residential Tenancies Act)

This clause sets out the circumstances in which a fixed term occupancy becomes a periodic occupancy.  This occurs if the fixed term comes to an end (without a notice of termination under the Act) and the resident is still in occupation at the time fixed as the end of the fixed term.

97.	Application to Commissioner about purported termination  (cf s.84, Residential Tenancies Act)

This clause provides that the Commissioner of Tenancies may, on application, declare that a purported termination is of no effect.

98.	Termination of periodic tenancy effective despite inadequate notice (cf s.85, Residential Tenancies Act)

This clause provides that this Act, rather than any other law or principle, applies in determining what is the period of notice necessary for the termination of a fixed term occupancy.

Division 2	Termination by operator

99.	If agreement property is flooded, unsafe or uninhabitable (cf s.86, Residential Tenancies Act)

This clause provides that only one day’s notice is required for the termination by a operator in the case of blocked access because of floods (for at least 3 days), health & safety reasons or if the property has become uninhabitable.

100.	If drug premises order made (cf s.88A, Residential Tenancies Act)

This clause provides that an operator can terminate an occupancy if the caravan has become a “drugs premises” within the meaning of the Misuse of Drugs Act.

101.	Serious misconduct by resident of caravan park (cf s.88B, Residential Tenancies Act)

This clause provides sets out the types of conduct that are so bad that the operator can immediately terminate the occupancy.   These include “serious verbal abuse”, damage to property and harm to persons.  The victims can include at any one in the caravan park (ie including the operator).

102.	Periodic tenancy, other than for breach (cf s.89, Residential Tenancies Act)

If an occupancy is a periodic occupancy it can be terminated by the giving of 42 days notice.  For notices given under this section there is no need for the operator to identify any breach.

103.	Fixed term occupancy (cf s.90, Residential Tenancies Act)

This clause covers the situation where a fixed term occupancy is coming to an end and the operator does not want the occupancy to continue as a periodic occupancy.  In this situation the operator must give at least 21 days notice before the day when the fixed term occupancy is due to end.

104.	Employment related occupancy

This provides for early termination if the occupancy is employment related and the employment has ceased.

Division 3	Termination by resident

105.	If caravan flooded, unsafe or uninhabitable (cf s.92, Residential Tenancies Act)

This clause provides that only two day’s notice is required for the termination by a resident in the case of blocked access because of floods (for at least 3 days), health & safety reasons or if the property has become uninhabitable.

106.	Periodic tenancy, other than for breach  (cf s.94, Residential Tenancies Act)

If an occupancy is a periodic occupancy it can be terminated by the resident giving of 14 days notice.  For notices given under this section there is no need for the resident to identify any breach.

107.	Fixed term tenancy  (cf s.95, Residential Tenancies Act)

This clause covers the situation where a fixed term occupancy is coming to an end and the resident does not want the occupancy to continue as a periodic occupancy.  In this situation the operator must give at least 14 days notice before the day when the fixed term occupancy is due to end.

Division 4	Notice of intention to terminate for failure to remedy breach 

108.	Resident’s failure to pay rent (cf s.96A, Residential Tenancies Act)

This clause provides that if rent is arrears for at least 3 days includes (including at least one business day as defined in clause 4) the operator can give a notice of breach. The operator must give the resident at least 7 days in which to fix up rental arrears 

109.	Other breach by resident (cf s.96B, Residential Tenancies Act)

This clause provides that for breaches other than rental arrears the operator can give notice of breach requiring that the breach be remedied within 7 days.  

110.	Breach by operator (cf s.96C, Residential Tenancies Act)

This clause provides that for breaches other than rental arrears the resident can give notice of breach requiring that the breach be remedied within 7 days.  

Division 5	Termination by Commissioner or court 

111.	Serious breach by resident (cf s.97, Residential Tenancies Act)

This clauses sets out the circumstances in which a court can make an order for possession either at a time not less than 7 days into the future (for serious breaches by the resident) or immediately (of there has been serious damage by the resident to the property or personal injury to the operator or other person in the vicinity).

112.	Serous breach by operator (cf s.98, Residential Tenancies Act)

This clauses sets out the circumstances in which a court can make an order for possession either at a time not less than 7 days into the future (for serious breaches by the operator).

113.	Hardship (cf s.99, Residential Tenancies Act)

On the application of either the operator or the resident, the court may give an order for possession if satisfied that continuation of the occupancy would cause undue hardship and that the circumstances of the hardship did not exist before entering into the agreement.

114.	Conduct of resident unacceptable (cf s.100, Residential Tenancies Act)

This clause provides for the termination of occupancy by the court if the property has been illegal used or there is a repeated nuisance or repeated interference with the personal peace or privacy. The application can be made by “interested persons” (ie persons adversely affected by the conduct).

115.	Failure to remedy breach after notice given (cf s.100A, Residential Tenancies Act)

The Commissioner or the court may terminate an occupancy of satisfied that a resident has not remedied a breach after a notice has been given.

116.	Application for confirmation of notice of termination given to resident of caravan park (cf s.100B, Residential Tenancies Act)

This clause permits the Commissioner to confirm terminations or declare them to be invalid.

Division 6	Notice of termination 

117.	Form of notice of termination (cf s.101, Residential Tenancies Act)

This clause sets out the form of termination and the details that must be provided in it.

118.	Notice may be withdrawn (cf s.102, Residential Tenancies Act)

This clause sets out that a notice of termination may be withdrawn.

Division 7	Repossession of agreement property 

119.	Resident to give possession if occupancy terminates (cf s.103, Residential Tenancies Act)

This clause sets out when a resident ceases to be entitled to possession.

120.	Commissioner or court may make order for possession (cf s.104, Residential Tenancies Act)

This clause provides the Commissioner and the court with the power to make orders for possession.

121.	Commissioner of court may suspend order for possession (cf s.105, Residential Tenancies Act)

In cases of hardship, the Commissioner or the court can suspend orders for possession.

122.	Repossession of caravan (cf s.106, Residential Tenancies Act)

This sets out the circumstances in which an operator can retake possession.  It is an offence for the operator to retake possession in other ways with the maximum penalty for breach being 100 penalty units ($13,000).

123.	Right to possession not lost by forfeiture of head tenancy (cf s.107, Residential Tenancies Act)

A resident’s right to occupancy overrides a new owner’s interest. That is, if a caravan park is sold the occupancy agreements are binding on the new owner.   Effectively, this overrides the Land Title Act in some situations.

Division 8	Abandoned agreement property and goods

124.	Abandonment of caravan provided by operator (cf s.108, Residential Tenancies Act)

This clause sets out the circumstances in which the operator can take possession of an abandoned caravan (that belongs to the operator). The Commissioner is also given the power to make an appropriate declaration as to whether or not a caravan has been abandoned.

Regulations can also be made that deal resident-owned caravans that are abandoned.

Part 11		Return of security deposit at termination of occupancy

Division 1	Condition reports

125.	Condition report at termination of occupancy (cf s.110, Residential Tenancies Act)

This clause provides for condition reports at the end of an occupancy.

126.	Condition report conclusive of condition  of caravan at the termination of occupancy (cf s.111, Residential Tenancies Act)

This clause provides for the status of condition reports at the end of the occupancy.

Division 2	Return of security deposit and interest

127.	When operator may keep security deposit (cf s.112, Residential Tenancies Act)

This clause sets out that the basic principle is that a resident is entitled to the return of the security deposit and then sets out the circumstances in which the operator can claim whole or part of the security deposit. 

128.	Commissioner may deal with disputes about to security deposit (cf s.113, Residential Tenancies Act)

This clause sets out the circumstances in which the Commissioner can deal with despite about security deposits.

129.	Interest on security deposit (cf s.114, Residential Tenancies Act)

This clause deals with the payment of interest on security deposits.

130.	Claims on behalf of co-residents (cf s.115, Residential Tenancies Act)

This allows group residents to nominate a single resident to collect the security deposit.
131.	If person owed security deposit cannot be found (cf s.116, Residential Tenancies Act)

If a resident is owed money cannot be found, the money can be paid into the trust account maintained under section 21.

Part 12	Financial liabilities

Division 1 	Rates and charges relevant to caravan park agreements 

132.	Payment of electricity, gas and water charges (cf s.119B, Residential Tenancies Amendment Act 2010)

This clause provides that a tenant in a caravan park cannot be obliged to pay for various utility charges (ie electricity, gas, water) except for services provided to the specific caravan or site.

The maximum penalty for breach is 20 penalty units ($2740).

133.	No charge payable unless specified in caravan park agreement (cf s.110C, Residential Tenancies Amendment Act 2010)

This clause provides that payments for electricity, gas or water can only be required if the caravan park agreement provides for the payment and if the site or caravan is individually metered for the electricity, gas or water.

This clause also provides for various offences consequential to the general principle set out in section 133(1).  The maximum penalty for breach is 20 penalty units ($2740).

134.	Commissioner may determine charges payable (cf s.119D, Residential Tenancies Amendment Act 2010)

This clause provides that the Commissioner of Tenancies may, on application of an owner or a resident, determine a resident’s proportion of electricity, gas or water charges.

Division 2 	Compensation 

135.	Duty of mitigation (cf s.120, Residential Tenancies Act)

This clause provides that the parties must mitigate (minimise) their losses in the case of breach by the other party.

136.	Compensation if resident fails to give vacant possession of agreement property (cf s.120, Residential Tenancies Act)

This clause provides that the Commissioner may order the payment of compensation of resident fails to vacate when required by law to do so.

137.	Compensation and civil penalties (cf s.122, Residential Tenancies Act)

This clause provides that the Commissioner may order the payment of compensation for breaches.

Part 13	Further provisions relevant to caravan parks and caravan park agreements

Division 1	Condition park rules

138.	Agreements incorporate caravan park rules (cf s.122B Residential Tenancies Act, Residential Tenancies Amendment Act 2010)

This clause provides that the relevant caravan park rules are taken to be part of each caravan park agreement.

139.	Caravan park rules (cf s.122C, Residential Tenancies Amendment Act 2010)

This clause provides that the caravan park operator may make rules.

140.	Amendment of caravan park rules (cf s.122D, Residential Tenancies Amendment Act 2010)

This clause provides that the caravan park operator may amend the rules.

141.	Application if rules are considered unreasonable (cf s.122E, Residential Tenancies Amendment Act 2010)

This clause provides that, on application, the Commissioner of Tenancies, may make an order that a caravan park rule is unreasonable.  The Commissioner also has the power to amend a rule to make it reasonable.

Division 2	Obligations of operators

142.	Enforcing caravan park rules (cf s.122H, Residential Tenancies Amendment Act 2010)

This clause provides that it is a term of a caravan park agreement that the caravan park owner must take all reasonable steps to ensure that caravan park rules are observed by all relevant persons and that the rules are enforced and interpreted consistently and fairly.

143.	Access to caravan park (cf s.122J, Residential Tenancies Amendment Act 2010)

This clause  provides that it is a term of a caravan park agreement that the caravan park owner provide 24 hours access to the caravan site and to key communal facilities (such as toilets and bathrooms).

Division 3	Relocation of caravan sites or caravans

144.	Changing caravan or site within caravan park (cf s.122K, Residential Tenancies Amendment Act 2010)

This clause sets out the circumstances in which a caravan park owner can re-locate a resident.  These include where work is to be carried out, for health and safety reasons or for emergency situations or for the efficient administration of the park.  The caravan park owner must also give reasonable notice of a re-location.

145.	Options after giving notice about relocation (cf s.122L, Residential Tenancies Amendment Act 2010)

This clause provides for re-location agreements.  In the absence of an agreement, the caravan park owner may seek an appropriate order from the Commissioner of Tenancies.  

Division 4	Sale of caravans on caravan site

146.	Sale of caravan on caravan site (cf s.122M, Residential Tenancies Amendment Act 2010)

This clause provides that it is a term of a caravan park agreement that the resident can sell his or her caravan but must give appropriate notice before displaying a ‘for sale’ sign.  The park owner must take not hinder or prevent sales.  The section also makes it clear that the caravan must be removed unless the new owner has entered into an appropriate agreement with the operator.

The maximum penalty for breach is 100 penalty units ($13,700).

Part 14	Dispute resolution

Division 1	Preliminary

147.	Definitions (cf s.123, Residential Tenancies Act)

This clause sets out definitions for the purposes of this Part (dispute resolution).

148.	Jurisdiction of the Commissioner  (cf s.124, Residential Tenancies Act)

This clause provides that the Commissioner of Tenancies has jurisdiction to deal with applications under the Act.  However, in the absence of consent from the parties to a dispute the Commissioner cannot deal with disputes if there is a monetary claim that exceeds $10,000. 

149.	Jurisdiction of court   (cf s.125, Residential Tenancies Act)

This clause provides that the court has jurisdiction for disputes over money where the amount involved exceeds $10,000 and is within its jurisdictional limit if the claim were founded on a contract.  All other monetary disputes are dealt with by the Supreme Court.

150.	Application to Commissioner (cf s.126, Residential Tenancies Act)

This clause sets how what applications can be made to the Commissioner and how they are made.  Applications can be withdrawn at any time.

151.	Fees for application   (cf s.127, Residential Tenancies Act)

This clause sets out that the Minister can prescribe fees for the making of applications under the Act.  The requirement to pay a fee can be waived by the Commissioner.  No fees have yet been prescribed for the equivalent provisions of the Residential Tenancies Act.

152.	Commissioner to determine appropriate proceedings  (cf s.128, Residential Tenancies Act)

When an application is received the Commissioner must determine if it is to proceed by way of conciliation as a first step.

153.	Conduct of proceedings on Commissioner’s behalf  (cf s.129, Residential Tenancies Act)

The Commissioner, in arranging for the conduct of proceedings arising from an application, must ensure that one person does not conduct more than one of the following:
·	The preliminary conciliation conference;
·	The actual conciliation conference;
·	The inquiry.
The Commissioner must determine the qualifications for delegates of the Commissioner.

154.	Notice of proceedings to be given   (cf s.130, Residential Tenancies Act)

The Commissioner must give notice of the proceedings to the parties.  

Division 2	Conferences

155.	Preliminary conciliation conferences   (cf s.131, Residential Tenancies Act)

This clause sets out who can attend a preliminary conciliation conference and what the Commissioner or the delegate must do at the conference.

156.	Conciliation conferences  (cf s.132, Residential Tenancies Act)

This clause sets out who can attend a preliminary conciliation conference and what must occur at the conference.

157.	Procedure for each type of conference (cf s.133, Residential Tenancies Act)

As a general rule conciliation conferences are not open to the public. Settlement outcomes are binding on the parties – with the Commissioner or the Commissioner’s delegate being able to make binding orders.

158.	Restriction on evidence  (cf s.134, Residential Tenancies Act)

Except with the agreement of all parties anything that is said or done in conciliation is inadmissible in a court or in other proceedings under Part 14.

159.	Confidentiality  (cf s.135, Residential Tenancies Act)

It is an offence for a person conducting a conference to, without permission of the parties, disclose to anyone (including the Commissioner) information obtained in the course of a mediation conference.

The maximum penalty for breach is 100 penalty units ($3700).

Division 3	Inquiries

160.	Inquiries   (cf s.136, Residential Tenancies Act)

This clause gives the Commissioner the duty and power to conduct inquiries.

161.	Inquiries generally to be open to the public  (cf s.138, Residential Tenancies Act)

As a general rule. Inquiries are open to the public. However the Commissioner may conduct them in private if he or she considers this to be fit.

162.	Powers of Commissioner at inquiry (cf s.139, Residential Tenancies Act)

This clause sets out the Commissioner’s powers when conducting an inquiry.

163.	Reasons for decisions  (cf s.139, Residential Tenancies Act)

This clause provides that the Commissioner must state in writing the reasons for a determination, decision or order made under the Act.

Division 4	Powers of Commissioner 

164.	Commissioner’s powers to gather evidence  (cf s.140, Residential Tenancies Act)

This clause sets out the Commissioner’s evidence gathering powers.

165.	Procedural powers of Commissioner (cf s.142, Residential Tenancies Act)

This clause sets out what are the procedural functions and powers of the Commissioner when dealing with applications under Part 14.

166.	Entry and inspection of property  (cf s.143, Residential Tenancies Act)

This clause sets out the powers and requirements when the Commissioner wants to enter or inspect properties.

167.	Procedural rules (cf s.144, Residential Tenancies Act)

This clause sets out that the Commissioner can make procedural rules governing the handling of matters by the Commissioner under Part 14.

Division 5	Proceedings generally

168.	Times and places of proceedings  (cf s.144, Residential Tenancies Act)

This clause provides that proceedings can be conducted at any time and at any place.

169.	Duty to act (cf s.145, Residential Tenancies Act)

This clause sets out the general duty of the Commissioner to ensure that proceedings are finalised within 28 days or as soon as is reasonably practical.

170.	Enforcement of orders (cf s.146, Residential Tenancies Act)

Orders of the Commissioner are taken to be orders of the court and can be registered and enforced on that basis.

171.	Costs generally not to be ordered by the Commissioner  (cf s.147, Residential Tenancies Act)

As a general rule legal costs are not to be awarded.  Costs might be awarded if an application is frivolous, vexatious or not brought in good faith. 

172.	Limits on lawyers etc. representing parties  (cf s.175, Residential Tenancies Act)

This sets out that, as a general rules, parties are not to be represented by lawyers and others in proceedings before the Commissioner.

173.	Payment of lawyers, translators etc. for proceedings   (cf s.149, Residential Tenancies Act)

This clause limits the persons who can receive payments for appearing before the Commissioner.  

Part 15	Appeals

174.	Appeal may be made to the Local Court  (cf s.150, Residential Tenancies Act)

The court can hear appeals from decisions of the Commissioner.

Appeals consider the matters afresh – ie the issues are dealt with on their merits.

175.	Notice of appeal to be given to Commissioner (cf s.151, Residential Tenancies Act)

If there is an appeal to the court, the Registrar of the court must send a copy of the notice of appeal to the Commissioner.

176.	Stay of proceedings  (cf s.152, Residential Tenancies Act)

This clause provides the court with the power to issue a stay of proceedings.

177.	Power to intervene (cf s.153, Residential Tenancies Act)

This clause gives the Commissioner the right to become involved in proceedings before the court (eg if the proceedings involve a significant legal question about the legislation operates)

Part 16 	Miscellaneous matters

Division 1 	Notices 

178.	Notice to one resident or operator sufficient  (cf s.155, Residential Tenancies Act)

This clause sets out that if there are 2 or more residents notice needs only to be given to one of them. Similarly if there are 2 or more operators.

179.	Right to be notified of change of operator’s name or address (cf s.156 Residential Tenancies Act)

If the operator changes or if the operator’s address changes, the resident should be notified.

180.	Notice of payment to operator’s agent sufficient   (cf s.157, Residential Tenancies Act)

It is sufficient requirement regarding giving of notices and the making of payments if the notice is given to the agent or to the last known operator.

Division 2	Regulations

181.	Regulations (cf s.158, Residential Tenancies Act)

This clause provides for the making of regulations. It needs to be read with sections 38F and 65B-6BD of the Interpretation Act which amplify the regulation making power concerning:
(a)	rights of appeal;
(b)	exemption, waiver or refund of fees;
(c)	infringement notice offences; and 
(d)	penalty levels.
Regulations can also be made regarding caravans that are abandoned by residents. 

Part 17	Transitional and other provisions

Division 1	Transitional provisions for the Caravan Parks Act 2011

182.	Application to certain agreements on commencement

This clause provides that the Act does not apply to immovable dwellings in a caravan park as at the time of commencement of the legislation until any agreement in place on commencement of the legislation comes to an end.

183.	Transitional regulations

This clause provides for the making of transitional regulations that may, to a limited respect, have retrospective operation back to the commencement of section 183.

Division 2	Residential Tenancies Amendments Act 2010

184.	Act amended

    This Division amends the Residential Tenancies Amendment Act 2010.

185.	Part 2 repealed 

This clause repeals Part 2 of the Residential Tenancies Amendment Act 2010.  Part 2 (which has not commenced operation) had sought to amend the Residential Tenancies Act by modifying the provisions of that Act so that they applied to caravan park accommodation in much the same way that they apply to ordinary residential accommodation.

186.	Part 5 inserted

This clause inserts new Part 5 into the Residential Tenancies Amendment Act 2010.

Part 5	Expiry of Act

35	Expiry

This provides that the Residential Tenancies Amendment Act 2010 expires on the commencement of section 186.

Division 3	Residential Tenancies Act amended

187.	Act amended

This provides that Division 3 deals with amendments to the Residential Tenancies Act. 

188.	Section 6 amended

This clause inserts definitions of caravan park and related terms into the Residential Tenancies Act and makes other consequential amendments

189.	Part 21 inserted

This clause inserts into the Residential Tenancies Act new Part 21 (containing new section 166).

Part 21	Transitional provision for Caravan Parks Act 2011

166	Application to certain agreements at commencement

This provides that the Residential Tenancies Act continues to apply to immovable dwellings if it applied to them at the time of commencement of the Caravan Parks Act.

Division 4	Misuse of Drugs Act amended

190.	Act amended

Division 4 amends the Misuse of Drugs Act

191.	Section 11A amended

Section 11A (which deals with drug premises) provides that for the purposes of caravans that are declared to be drug premises a reference to a tenant in the Misuse of Drugs Act is taken to be a reference to a resident as defined in the Caravan Parks Act.