{"id":"caravan-parks-act-2012","name":"Caravan Parks Act 2012","slug":"caravan-parks-act-2012","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29893,"registerId":"nt-caravan-parks-act-2012-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"3","sectionType":"section","heading":"Main objectives","content":"3 Main objectives\n(1) The main objectives of this Act are to make provisions in relation to\noperators and residents under caravan park agreements:\n(a) to balance their rights and duties, including by providing for\nterms of those agreements; and\n(b) to improve the understanding of operators and residents of\ntheir rights and obligations in relation to occupancies; and\n(c) to ensure operators and residents are provided with suitable\nmechanisms for enforcing their rights under caravan park\nagreements and this Act; and\n(d) to ensure residents are provided with safe and habitable\ncaravans under caravan and park site agreements and enjoy\nappropriate security of tenure; and\n\nCaravan Parks Act 2012 2\n(e) to facilitate operators receiving a fair rent in return for\nproviding safe and habitable accommodation to residents\nunder caravan park agreements.\n(2) Some provisions of this Act also apply to persons who are living in\na caravan park but are not residents to whom a caravan park\nagreement applies.\n(3) Part 16 also makes provision for long term occupants of caravan\nparks.\n","sortOrder":0},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"4 Definitions\nIn this Act:\n1 days notice means notice for a period that includes at least\n1 business day.\nExample\nIf a notice is given on a Saturday and the following Monday is a public holiday, in\norder for the period of the notice to include 1 business day, the notice would have\nto include the following Tuesday. Therefore even though the notice is given on a\nSaturday, if a provision requires 1 days notice, the notice does not take effect\nuntil the following Wednesday.\nagent, in relation to an operator, includes an employee of the\nagreement property means:\n(a) if the agreement is a caravan park site agreement – the site\nprovided under the agreement and things on the site,\nincluding, for example, any garden and garden watering\nsystem; or\n(b) if the agreement is a caravan and park site agreement – the\ncaravan (including any chattels and fixtures), the site provided\nunder the agreement and things on the site, including, for\nexample, any garden and garden watering system.\nbond means a provision of a caravan park agreement under which\na resident is required to give a security deposit to ensure the\nresident's performance of obligations under the agreement.\nbusiness day means a day other than a Saturday or Sunday or a\npublic holiday.\ncaravan, see section 5.\n\nCaravan Parks Act 2012 3\ncaravan and park site agreement, see section 6(4).\ncaravan park means an area of land used in either or both of the\nfollowing ways:\n(a) as a complex of sites and caravans, for which rights of\noccupancy are conferred under various caravan park\nagreements, together with common areas including\nbathrooms, toilets and laundry facilities;\n(b) as a complex of sites for which rights of occupancy are\nconferred under various caravan park agreements, together\nwith common areas that may, but need not, include\nbathrooms, toilets and laundry facilities.\ncaravan park agreement, see section 6(1).\ncaravan park rules means rules for a caravan park made under\nsection 139 and, if amended under section 140, as amended.\ncaravan park site agreement, see section 6(2).\ncaravan site, in relation to a caravan park, includes:\n(a) the area of land on which a caravan is situated or may be\nplaced; and\n(b) adjoining areas of land set aside or available for the exclusive\nuse of a person occupying the caravan on, or to be placed on,\nthe site.\nchange date, see section 178(4).\nCPRT Account means the fund mentioned in section 21(1).\nCommissioner means the Commissioner of Tenancies under\nsection 13 of the Residential Tenancies Act 1999.\ncommon areas, in a caravan park, means the facilities, buildings,\nroads or other areas in the park provided for common use by\npersons living or staying in the park.\nExamples of facilities for common use\nBathrooms, laundries, recreational areas, BBQ areas and swimming pools.\ncondition report, see section 33(1).\n\nCaravan Parks Act 2012 4\ncontinuation, in relation to an occupancy to which a caravan park\nagreement relates, includes an extension or renewal of the\noccupancy (however described) and whether the continuation is a\nfixed term occupancy or periodic occupancy.\nemergency repairs, see section 76(2)\nexcluded agreement, see section 10(6).\nfixed term occupancy means an occupancy for a fixed term\nspecified in the caravan park agreement.\nkey, in relation to a lock, includes a code and sensor pass.\nlock includes any security device.\nlong term occupant, see section 178.\nmobile home means a type of a structure designed for use for\nresidential purposes but not designed to be required to be\npermanently attached to land.\nnotice of termination means a notice of termination under this Act\nthat is in the form required under section 117.\noccupancy, in relation to a caravan park agreement, resident or\noperator, means:\n(a) if the agreement is a caravan park site agreement – the right\nof a resident to place a caravan on the caravan site and reside\nin the caravan and otherwise occupy the caravan site; or\n(b) if the agreement is a caravan and park site agreement – the\nright of a resident to reside in a caravan on the caravan site\nand otherwise occupy the caravan site.\noccupancy dispute means a dispute between a resident and an\noperator about the occupancy under a caravan park agreement.\noperator, see section 7.\norder for possession of agreement property, in relation to a\ncaravan park agreement, includes an order for the removal of a\ncaravan placed on the agreement property other than by the\nperiodic occupancy means an occupancy that is not a fixed term\noccupancy.\npermitted repairs, see section 73.\n\nCaravan Parks Act 2012 5\nprescribed, in relation to information or particulars, means\ninformation or particulars as prescribed by regulation.\nprescribed account means an account kept at:\n(a) an ADI; or\n(b) a statutory corporation of the Territory.\nrent means an amount payable under a caravan park agreement in\nrelation to the occupancy of a caravan, caravan site or both for a\nperiod specified in the agreement, including, for example, payments\npayable by a resident to the operator under sections 133 and 134.\nresident, see section 8.\nsecurity deposit means an amount of money paid, or required to\nbe paid, in accordance with a bond.\nseparate charge, see section 133(1).\nTribunal means the Civil and Administrative Tribunal.\n","sortOrder":1},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of caravan","content":"5 Meaning of caravan\n(1) A caravan is either of the following:\n(a) a trailer designed to be:\n(i) attached to and towed by a self-propelled vehicle; and\n(ii) used for residential purposes;\n(b) a self-propelled vehicle designed to be used both as a vehicle\nand for residential purposes.\n(2) A caravan includes an annexe designed to be used as an\nextension of the habitable area of the caravan.\n(3) For this Act, a reference to a caravan (other than in the definition\ncaravan park in section 4) includes either of the following when\nsituated in a caravan park:\n(a) an immovable dwelling;\n(b) a mobile home.\ndesigned includes modified.\n\nCaravan Parks Act 2012 6\n","sortOrder":2},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of various terms about caravan park agreements","content":"6 Meaning of various terms about caravan park agreements\n(1) An agreement is a caravan park agreement if the agreement is:\n(a) a caravan park site agreement; or\n(b) a caravan and park site agreement.\n(2) A caravan park site agreement is an agreement under which an\noperator grants another person, for valuable consideration, a right\n(that may, but need not, be an exclusive right) of occupancy of a\ncaravan site in the operator's caravan park, for the purpose of\nplacing a caravan on the caravan site, for residential purposes.\n(3) Despite subsection (2), if a caravan is not placed on a caravan site\nin accordance with the agreement but a tent is erected on the site,\non the day the tent is erected, the agreement stops being a caravan\npark site agreement and Parts 2 to 17 do not apply to it.\n(4) A caravan and park site agreement means an agreement under\nwhich an operator grants another person, for valuable\nconsideration, a right (that may, but need not, be an exclusive right)\nof occupancy of both of the following for residential purposes:\n(a) a site in the caravan park;\n(b) a caravan made available on the site by the operator.\n(5) For this Act, the address for a caravan, or a caravan site, in a\ncaravan park is the park's address unless the caravan park\nagreement otherwise provides an address for the caravan or site.\n(6) To avoid doubt, if a provision of this Act states that a term is a term\nof each caravan park agreement, the provision has effect whether\nthe agreement is in writing or not.\n","sortOrder":3},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of operator","content":"7 Meaning of operator\n(1) An operator is a person who operates a caravan park including by\ngranting rights of occupancy under caravan park agreements.\n(2) An operator includes each of the following:\n(a) a person who is a successor in title to a person mentioned in\nsubsection (1) and whose title is subject to a resident's right of\noccupancy;\n(b) a prospective operator;\n(c) a former operator;\n\nCaravan Parks Act 2012 7\n(d) an agent of an operator including of any person mentioned in\nparagraphs (a) to (c).\n(3) For Part 8, operator also includes a person authorised by an\noperator, or an agent of the operator, for that Part.\n","sortOrder":4},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of resident","content":"8 Meaning of resident\n(1) A resident is a person (but not an operator) who has a right of\noccupancy under a caravan park agreement or otherwise because\nof the operation of this Act in relation to a caravan park agreement.\n(2) A resident includes each of the following:\n(a) a prospective resident;\n(b) a former resident;\n(c) a person acting on behalf of the resident, prospective resident\nor former resident (but not the operator or operator's agent).\n","sortOrder":5},{"sectionNumber":"9","sectionType":"section","heading":"Act binds Crown","content":"9 Act binds Crown\n(1) This Act binds the Crown in right of the Territory and, in so far as\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n(2) Subsection (1) does not make the Crown liable to be prosecuted for\nan offence.\n","sortOrder":6},{"sectionNumber":"10","sectionType":"section","heading":"Application of Act","content":"10 Application of Act\n(1) This Act applies to a caravan park agreement, made on or after the\ncommencement of this section, that specifies the period of the\noccupancy granted under the agreement is for the prescribed\nperiod or more.\n(2) If it is intended that a person will occupy a caravan and caravan\nsite, or a caravan site, in a caravan park under a caravan park\nagreement for a period less than the prescribed period, Parts 2\nto 15 do not apply to the agreement even if the person and operator\nenter into a further agreement and the combined periods under the\nagreements is a continuous period for the prescribed period or\nmore.\n\nCaravan Parks Act 2012 8\n(3) If a caravan park is advertised as being for \"holiday\naccommodation\" or \"tourist accommodation\", Parts 2 to 15 do not\napply to an agreement for an occupancy in the caravan park even if\nthe period of the occupancy is for the prescribed period or more.\n(4) Also, Parts 2 to 15 do not apply to an agreement of the following\ntypes:\n(a) an agreement under which no rent is payable in return for the\ngranting of a right to occupy a caravan and caravan site, or a\ncaravan site, for the purpose of a residence;\n(b) an agreement under which no rent is payable and services are\nprovided in return for the granting of a right to occupy a\ncaravan and caravan site, or a caravan site, for the purpose of\na residence;\n(c) an agreement for a caravan and a caravan site, or a caravan\nsite, provided for the use of homeless, unemployed or\ndisadvantaged persons for charitable purposes or for the\npurpose of providing emergency shelter or accommodation;\n(d) an agreement made between family members or friends under\nwhich a nominal rent is charged if the parties do not intend to\ncreate a caravan park agreement to which this Act applies;\n(e) an agreement under which a person occupies, or intends to\noccupy, an immovable dwelling or mobile home that is not\nlocated in a caravan park.\n(5) Despite subsections (1) to (4), if an agreement provides this Act or\nParts 2 to 15 apply to the agreement, this Act or the Parts so apply.\n(6) If, under this section, Parts 2 to 15 do not apply to an agreement in\nrelation to a caravan and caravan site, or a caravan site, in a\ncaravan park, the agreement is an excluded agreement.\n(7) In this section:\nprescribed period means 12 months.\n","sortOrder":7},{"sectionNumber":"11","sectionType":"section","heading":"Operator to tell person if agreement is excluded agreement","content":"11 Operator to tell person if agreement is excluded agreement\n(1) This section applies if a person intends to enter into an agreement\nto occupy a caravan and caravan site, or a caravan site, in a\ncaravan park and the agreement is not a caravan park agreement\nbut an excluded agreement.\n\nCaravan Parks Act 2012 9\n(2) Before entering into an excluded agreement, the operator must give\nnotice (either in writing or orally) to the person that Parts 2 to 15 do\nnot apply to the agreement and it is not a caravan park agreement\nfor this Act.\nMaximum penalty: 10 penalty units.\n(5) This section is subject to any other provision of this Act that states it\napplies to an excluded agreement.\n","sortOrder":8},{"sectionNumber":"12","sectionType":"section","heading":"Application of Act when party is only 16 or 17 years of age","content":"12 Application of Act when party is only 16 or 17 years of age\n(1) Despite any other law in force in the Territory:\n(a) a young person may enter into a caravan park agreement as a\nresident and may enforce the agreement under this Act; and\n(b) the agreement may be enforced under this Act against the\nyoung person unless the Tribunal considers the agreement is\nharsh or unconscionable.\nyoung person means a person who has attained 16 years but not\n18 years of age.\n","sortOrder":9},{"sectionNumber":"13","sectionType":"section","heading":"Exemption from all or part of the Act","content":"13 Exemption from all or part of the Act\n(1) The Minister may, by Gazette notice:\n(a) exempt caravan park agreements of a specified class from all\nor any of the provisions of this Act; or\n(b) modify specified provisions of this Act in their application to a\nspecified class of caravan park agreements or a specified\nclass of residents or operators.\n(2) A provision specified in an exemption or modification under\nsubsection (1) does not apply, or applies as so modified, in relation\nto a caravan park agreement, or residents or operators, within the\nclass specified in the exemption or modification.\n\nCaravan Parks Act 2012 10\n(3) Before making an exemption or modifying a provision under\nsubsection (1), the Minister must:\n(a) give notice in a newspaper circulating in the Territory:\n(i) that a proposal for an exemption or modification is being\nconsidered by the Minister; and\n(ii) inviting members of the public to make written\nsubmissions within the period of not less than 21 days\nspecified in the notice; and\n(b) arrange for consultation with, and invite submissions from,\npersons whom, and organisations that, the Minister believes\nhave an interest in the proposed exemption or modification.\n","sortOrder":10},{"sectionNumber":"Div 4","sectionType":"division","heading":"Criminal Code applies to offences under Act","content":"Division 4 Criminal Code applies to offences under Act\n","sortOrder":11},{"sectionNumber":"14","sectionType":"section","heading":"Application of Criminal Code","content":"14 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 14\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":12},{"sectionNumber":"15","sectionType":"section","heading":"Liability of representative","content":"15 Liability of representative\n(1) It is not a defence to a prosecution for an offence against a\nprovision of this Act that the defendant was, at the time of the\ncommission of the offence, another person's representative.\n(2) However, it is a defence if the defendant proves the defendant was,\nat the time of the commission of the offence:\n(a) another person's representative; and\n(b) acting as the other person's representative under the direct or\nindirect supervision of the other person.\n(3) In this section:\nrepresentative, of a person, means an employee or agent of the\nperson.\n\nCaravan Parks Act 2012 11\n","sortOrder":13},{"sectionNumber":"16","sectionType":"section","heading":"Conduct of representative","content":"16 Conduct of representative\n(1) This section applies to a prosecution for an offence against a\nprovision of this Act.\nNote for subsection (1)\nThis section deals with prosecutions of individuals. Part IIAA, Division 5, of the\nCriminal Code includes provisions about corporate criminal responsibility.\n(2) Conduct engaged in by a representative of a person within the\nscope of the representative's actual or apparent authority is taken to\nhave been also engaged in by the person.\n(3) However, subsection (2) does not apply if the person proves the\nperson took reasonable steps to prevent the conduct.\n(4) In deciding whether the person took reasonable steps to prevent\nthe conduct, a court must consider:\n(a) any action the person took to ensure the representative had a\nreasonable knowledge and understanding of the requirement\nto comply with the contravened provision; and\n(b) the level of management, control or supervision that was\nappropriate for the person to exercise over the representative.\n(5) Subsection (4) does not limit the matters the court may consider.\n(6) If it is relevant to prove a person had a fault element in relation to a\nphysical element of an offence, it is enough to show:\n(a) the conduct relevant to the physical element was engaged in\nby a representative of the person within the scope of the\nrepresentative's actual or apparent authority; and\n(b) the representative had the fault element in relation to the\nphysical element.\n(7) A person may rely on section 43AX of the Criminal Code in relation\nto conduct by a representative that would be an offence by the\nperson only if:\n(a) the representative was under a mistaken but reasonable belief\nabout the facts that, had they existed, would have meant that\nthe conduct would not have constituted an offence; and\n\nCaravan Parks Act 2012 12\n(b) the person proves the person exercised due diligence to\nprevent the conduct.\nNote for subsection (7)\nSection 43AX of the Criminal Code provides a person is not criminally\nresponsible if the person engaged in conduct under a mistake of fact in relation to\nan offence of strict liability.\n(8) A person (the defendant) may not rely on section 43BA of the\nCriminal Code in relation to a physical element of an offence\nbrought about by another person if the other person is a\nrepresentative of the defendant.\nNote for subsection (8)\nSection 43BA of the Criminal Code provides a person is not criminally\nresponsible in circumstances of an intervening conduct or event.\n(9) A person who is convicted of an offence cannot be punished by\nimprisonment for the offence if the person would not have been\nconvicted of the offence without subsection (2) or (6).\n(10) In this section:\nfault element includes intention, knowledge, recklessness, opinion,\nbelief and purpose, but does not include negligence.\nperson means an individual.\nrepresentative, of a person, means an employee or agent of the\nperson.\n","sortOrder":14},{"sectionNumber":"17","sectionType":"section","heading":"Vicarious liability of resident","content":"17 Vicarious liability of resident\n(1) It is a term of each caravan park agreement and excluded\nagreement that if:\n(a) a person (other than a resident) is at the caravan site with the\nconsent of a resident; and\n(b) the person engages in conduct (the relevant conduct) that, if\nit had been engaged in by the resident, would be a breach of\nthe agreement;\nfor the agreement and this Act, the resident is responsible for the\nrelevant conduct.\n(2) However, subsection (1) does not make a resident criminally\nresponsible for the relevant conduct.\n\nCaravan Parks Act 2012 13\n(3) Subsection (1) does not apply if:\n(a) the person who engages in the relevant conduct is in a\ndomestic relationship with the resident; and\n(b) the relevant conduct constitutes or includes an act of domestic\nviolence; and\n(c) it is reasonable in all the circumstances for this Act, including\nbut not limited to the number of times that an act of domestic\nviolence has been engaged in by the person at the caravan\nsite to which the agreement relates, for the resident not to be\ntaken to be responsible for the relevant conduct.\ndomestic violence, see section 5 of the Domestic and Family\nViolence Act 2007.\ndomestic relationship, see section 9 of the Domestic and Family\nViolence Act 2007.\n","sortOrder":15},{"sectionNumber":"18","sectionType":"section","heading":"Functions and powers of Commissioner","content":"18 Functions and powers of Commissioner\n(1) The Commissioner has the following functions:\n(a) to investigate and research matters affecting the interests of\nparties to caravan park agreements;\n(b) to publish reports and information to parties to caravan park\nagreements;\n(c) to provide information to the public about this Act and caravan\npark agreements;\n(d) to investigate suspected offences against this Act and taking\nappropriate action to ensure enforcement of this Act;\n(e) to report to the Minister on questions referred to the\nCommissioner by the Minister and other questions of\nimportance affecting the administration of this Act;\n(f) to produce model caravan park agreements;\n(g) to perform other functions conferred on the Commissioner\nunder this or another Act.\n\nCaravan Parks Act 2012 14\n(2) The Commissioner has the powers necessary to perform functions\nor exercise powers of the Commissioner under this or any\nother Act.\n","sortOrder":16},{"sectionNumber":"19","sectionType":"section","heading":"Delegation by Commissioner","content":"19 Delegation by Commissioner\nThe Commissioner may, in writing, delegate to a specified person\nany of his or her powers and functions under this Act, other than\nthis power of delegation.\n","sortOrder":17},{"sectionNumber":"20","sectionType":"section","heading":"Annual report","content":"20 Annual report\n(1) The Commissioner must, on or before 31 October in each year,\nprepare and forward to the Minister a report on the administration of\nthis Act for the year ending on the previous 30 June.\n(2) The Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after the Minister receives the report.\n(3) A report under subsection (1) may be included in a report prepared\nby the Commissioner for the Residential Tenancies Act 1999 and\ntabled in the Legislative Assembly under that Act.\n","sortOrder":18},{"sectionNumber":"21","sectionType":"section","heading":"Caravan Park Residents Trust Account","content":"21 Caravan Park Residents Trust Account\n(1) The Accountable Officer of the Agency must, within the Agency\nOperating Account of the Agency, maintain a fund to be known as\nthe Caravan Park Residents Trust Account.\n(2) The Accountable Officer must pay into the CPRT Account an\namount as determined from time to time under section 22(1).\n(3) The Accountable Officer may pay an amount from the CPRT\nAccount for any of the following purposes:\n(a) to meet costs relating to administering and enforcing this Act,\nincluding operating costs of the Commissioner under this Act;\n(b) to educate operators and residents about their statutory and\ncontractual rights and obligations;\n(c) to provide residents with advisory and legal services (including\nadvocacy);\n(d) to meet costs of industry associations and consumer bodies\nfor developing and implementing legislative changes.\n\nCaravan Parks Act 2012 15\nAccountable Officer, see section 3(1) of the Financial\nManagement Act 1995.\n","sortOrder":19},{"sectionNumber":"22","sectionType":"section","heading":"Payments from Agents Licensing Fidelity Fund to CPRT","content":"22 Payments from Agents Licensing Fidelity Fund to CPRT\nAccount\n(1) The Minister responsible for administering the Agents Licensing\nAct 1979 may determine that part of the money of the Agents\nLicensing Fidelity Guarantee Fund established under that Act must\nbe paid into the CPRT Account for the purposes mentioned in\nsection 21(3).\n(2) The Minister mentioned in subsection (1) may only make a\ndetermination under that subsection after consulting with:\n(a) organisations the Minister believes represent the interests of\noperators; and\n(b) organisations the Minister believes represent the interests of\nresidents; and\n(c) the Agents Licensing Fidelity Guarantee Fund.\n","sortOrder":20},{"sectionNumber":"23","sectionType":"section","heading":"Protection from liability","content":"23 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as any of the following:\n(a) the Commissioner;\n(b) a delegate of the Commissioner;\n(c) a person authorised by the Commissioner to exercise a power\nor perform a function.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n(3) In this section:\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n\nCaravan Parks Act 2012 16\n","sortOrder":21},{"sectionNumber":"24","sectionType":"section","heading":"Commissioner is enforcement agency","content":"24 Commissioner is enforcement agency\nThe Commissioner is an enforcement agency for the Fines and\nPenalties (Recovery) Act 2001.\n","sortOrder":22},{"sectionNumber":"25","sectionType":"section","heading":"Caravan park agreement to be written, signed and include","content":"25 Caravan park agreement to be written, signed and include\ncertain matters\n(1) If an operator enters into a written caravan park agreement, the\nagreement should include all of the following:\n(a) the name of the resident;\n(b) the full name and address for service of the operator and, if\nany, the operator's agent;\n(c) an identification, in clear language, of the caravan and\ncaravan site, or the caravan site, to which the agreement\nrelates;\n(d) each term, or a term to the same effect as each term, that is\nprescribed under this Act to be a term of a caravan park\nagreement;\n(e) the amount of rent payable and how the rent is to be payable;\n(f) if the agreement is for a fixed term occupancy – the term of\n(2) An operator commits an offence if the operator:\n(a) invites a resident to sign a relevant form that the operator has\nalready signed; and\n(b) after the resident signs the form, fails to give the resident a\ncopy of the agreement as signed by both parties within a\nreasonable period (of not more than 2 days).\n(3) An operator commits an offence if:\n(a) the operator gives a relevant form to a resident inviting the\nresident to sign it but the form has not been signed by the\noperator; and\n(b) the resident returns the relevant form to the operator signed\nby the resident; and\n\nCaravan Parks Act 2012 17\n(c) within 7 days after the resident returns the signed form, the\noperator fails to give the resident a copy of the agreement as\nsigned by both parties.\n(4) Strict liability applies to subsection (2)(b) and (3)(c).\n(5) It is a defence to a prosecution for an offence against\nsubsection (2) or (3) if the defendant establishes a reasonable\nexcuse.\nrelevant form means a document that is not signed by both a\nresident and an operator but is in the form of, or otherwise purports\nto be, a caravan park agreement.\n","sortOrder":23},{"sectionNumber":"26","sectionType":"section","heading":"Caravan park agreement not complying with section 25","content":"26 Caravan park agreement not complying with section 25\n(1) If a signed written caravan park agreement is not in accordance\nwith section 25(1) but rent is paid for a period, the following apply in\nrelation to the agreement for this Act:\n(a) for a contravention of section 25(1)(a) – the person who paid\nthe rent is taken to be the resident;\n(b) for a contravention of section 25(1)(b) – the person to whom\nthe rent is paid is taken to be the operator or operator's agent\nand the place where the rent is paid is taken to be the address\nfor service of the operator;\n(c) for a contravention of section 25(1)(c) – the caravan and\ncaravan site, or the caravan site, to which the resident is given\naccess (because of the payment of the rent) is taken to be the\ncaravan and caravan site, or the caravan site, as the case\nmay be, to which the agreement relates;\n(d) for a contravention of section 25(1)(d) – each term specified\nunder this Act to be a term of a caravan park agreement is\ntaken to be a term of the agreement;\n(e) for a contravention of section 25(1)(e) – the amount of the rent\npaid for the period, and the way it is paid, is taken to be the\namount of rent payable for the period and how the rent is to be\npayable;\n(f) for a contravention of section 25(1)(f) – the agreement is taken\nto be a periodic occupancy for periods equal to the period for\nwhich the rent is paid.\n\nCaravan Parks Act 2012 18\n(2) If a written caravan park agreement is not signed by all parties to\nthe agreement but is signed by one of the parties and rent is paid\nfor a period, for this Act:\n(a) the agreement has no effect in relation to the parties; and\n(b) the following is the caravan park agreement between the\nparties:\n(i) the person who paid the rent is taken to be the resident\nunder the agreement;\n(ii) the person to whom the rent is paid is taken to be the\noperator or operator's agent and the place where the\nrent is paid is taken to be the address for service of the\noperator;\n(iii) the caravan and caravan site, or caravan site, to which\nthe resident is given access (because of the payment of\nthe rent) is taken to be the caravan and caravan site, or\nthe caravan site, as the case may be, to which the\nagreement relates;\n(iv) each term specified under this Act to be a term of a\ncaravan park agreement is taken to be a term of the\nagreement;\n(v) the amount of the rent paid for the period, and the way it\nis paid, is taken to be the amount of rent payable for the\nperiod and how the rent is to be payable;\n(vi) the agreement is taken to be a periodic occupancy for\nperiods equal to the period for which the rent is paid.\n(3) If an agreement is made that should be a written caravan park\nagreement but it is not in writing and rent is paid for a period, a\nwritten caravan park agreement is taken to have been made and\nsigned for this Act and the following apply:\n(a) the person who paid the rent is taken to be the resident under\nthe agreement;\n(b) the person to whom the rent is paid is taken to be the operator\nor operator's agent and the place where the rent is paid is\ntaken to be the address for service of the operator;\n(c) the caravan and caravan site, or caravan site, to which the\nresident is given access (because of the payment of the rent)\nis taken to be the caravan and caravan site, or the caravan\nsite, as the case may be, to which the agreement relates;\n\nCaravan Parks Act 2012 19\n(d) each term specified under this Act to be a term of a caravan\npark agreement is taken to be a term of the agreement;\n(e) the amount of the rent paid for the period, and the way it is\npaid, is taken to be the amount of rent payable for the period\nand how the rent is to be payable;\n(f) the agreement is taken to be a periodic occupancy for periods\nequal to the period for which the rent is paid.\n","sortOrder":24},{"sectionNumber":"27","sectionType":"section","heading":"Forms of caravan park agreements","content":"27 Forms of caravan park agreements\n(1) The Chief Executive Officer must approve standard forms for\ncaravan park agreements of different types.\n(2) The Chief Executive Officer must ensure:\n(a) if, under this Act, a provision provides that a term is a term of\neach caravan park agreement of the type to which a standard\nform of caravan park agreement applies, that provision is\nincluded in the form; and\n(b) the forms for caravan park agreements provide for the\ninclusion of matters mentioned in section 25(1), are not\ncontrary to section 26 and otherwise comply with this Act.\n(3) The Chief Executive Officer must publish the standard forms for\ncaravan park agreements on the internet and continue to publish\nthe forms as approved from time to time.\n(4) For section 26(2)(b)(iv) and (3)(d), the Tribunal may have regard to\nthe way in which a term, specified under this Act to be a term of a\ncaravan park agreement, is provided for by a standard form of\ncaravan park agreement.\n","sortOrder":25},{"sectionNumber":"28","sectionType":"section","heading":"Contract to avoid Act prohibited","content":"28 Contract to avoid Act prohibited\n(1) An operator must not enter into a caravan park agreement or an\narrangement relating to a caravan park agreement that does either\nof the following except to the extent allowed by this Act:\n(a) excludes, modifies or restricts the operation of, or waives a\nright under, this Act whether directly or indirectly;\n(b) purports to exclude, modify or restrict the operation of, or to\nwaive a right under, this Act whether directly or indirectly.\n\nCaravan Parks Act 2012 20\n(2) An operator commits an offence if the operator enters into a\ncaravan park agreement or an arrangement relating to a caravan\npark agreement that results in a contravention of subsection (1).\n(a) intentionally enters into the agreement or arrangement; and\n(b) is reckless as to whether the agreement or arrangement would\nresult in a contravention of subsection (1).\n","sortOrder":26},{"sectionNumber":"29","sectionType":"section","heading":"Resident not to give false information","content":"29 Resident not to give false information\n(1) It is a term of each caravan park agreement that a resident must\nnot give an operator:\n(a) information about a resident's identity that is material to an\noperator's decision to enter into the caravan park agreement\nand that is, to the knowledge of the resident, false; or\n(b) any other information, required under this Act to be given in\nrelation to the caravan park agreement, that is, to the\nknowledge of the resident, false.\n(2) A resident commits an offence if the resident engages in conduct\nthat results in a contravention of the term mentioned in\nsubsection (1).\nThe resident:\nMaximum penalty for subsection (2): 20 penalty units.\n","sortOrder":27},{"sectionNumber":"30","sectionType":"section","heading":"Harsh or unconscionable terms","content":"30 Harsh or unconscionable terms\n(1) On application to the Tribunal by a resident under a caravan park\nagreement, the Tribunal may make an order rescinding or varying\na term of the agreement (other than a term specified under this Act\nto be a term of each caravan park agreement) if satisfied the term is\nharsh or unconscionable.\n\nCaravan Parks Act 2012 21\n(2) On making an order under subsection (1), the Tribunal may make\nconsequential changes to the caravan park agreement or another\nrelated document.\n","sortOrder":28},{"sectionNumber":"31","sectionType":"section","heading":"Operator not to require or receive payment for preparing","content":"31 Operator not to require or receive payment for preparing\nagreement\n(1) An operator commits an offence if the operator requires or receives\nfrom a resident a payment for preparation of a caravan park\n","sortOrder":29},{"sectionNumber":"32","sectionType":"section","heading":"Operator cannot impose extra charges or liabilities","content":"32 Operator cannot impose extra charges or liabilities\n(1) An operator commits an offence if the operator requires or receives\nfrom a resident a payment (other than a payment of rent or a\nsecurity deposit):\n(a) for an occupancy or continuation of an occupancy; or\n(b) for an option to enter into a caravan park agreement.\n(a) intentionally requires or receives the payment; and\n(b) is reckless as to circumstances of the payment.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant establishes that he or she required\nor received the payment from a resident because of:\n(a) a debt, owed in relation to an occupancy, as a condition of the\ngranting or continuation of an occupancy; or\n(b) as a deposit for a key permitting access to the caravan park or\ncommon areas in the park if the amount of the deposit is\nreasonable and refundable to the resident on return of the key.\n\nCaravan Parks Act 2012 22\n(3) An operator commits an offence if the operator requires a resident\nto enter into a contract of insurance, guarantee or other agreement,\nin relation to the agreement property, an occupancy or continuation\nof an occupancy.\n(a) intentionally requires the resident to enter into the contract,\nguarantee or other agreement; and\n(b) is reckless as to the circumstances of the payment.\nsubsection (3) if the defendant establishes that he or she required\nthe resident to enter into the contract, guarantee or agreement by\nway of a bond.\n","sortOrder":30},{"sectionNumber":"33","sectionType":"section","heading":"Condition reports generally","content":"33 Condition reports generally\n(1) A condition report is a report about agreement property to be\noccupied under a caravan park agreement that is made:\n(a) entirely in writing and otherwise in the manner and including\nthe information required under this Act; or\n(b) partly in writing and partly by using images; or\n(c) entirely by using images.\n(2) The Regulations may provide for matters relevant to the making of\na condition report partly or entirely by using images.\n(3) The Regulations may modify specified provisions of this Act in their\napplication to condition reports made partly or entirely by using\nimages.\n(4) An image used in making a condition report may be recorded in a\nphotograph, on video or film or by any other mechanical, electronic\nor similar method of making a visual record.\n\nCaravan Parks Act 2012 23\n","sortOrder":31},{"sectionNumber":"34","sectionType":"section","heading":"Condition report at start of occupancy","content":"34 Condition report at start of occupancy\n(1) An operator may give a resident a signed condition report about\nagreement property occupied under a caravan park agreement no\nlater than 3 business days after:\n(a) a resident takes possession of a caravan and caravan site, or\na caravan site, provided under the agreement; or\n(b) the start of a continuation of an occupancy under the\n(2) A condition report must:\n(a) specify the condition of the following:\n(i) if the caravan park agreement is a caravan and park site\nagreement:\n(A) the caravan site to which the agreement relates;\nand\n(B) the walls, floors and ceilings of the provided\ncaravan and, if it has rooms, the walls, floors and\nceilings of each room of the caravan;\n(ii) otherwise – the site to which the caravan park\nagreement relates; and\n(b) itemise, and specify the condition of, any fixture or chattel; and\n(c) include other prescribed information, if any.\n(3) The operator must fill out the condition report under subsection (1)\nin the resident's presence unless it is not practical to do so or the\nresident does not appear at the agreed time.\nNote for subsection (3)\nSee section 8.\n","sortOrder":32},{"sectionNumber":"35","sectionType":"section","heading":"Acceptance of condition report with or without modifications","content":"35 Acceptance of condition report with or without modifications\n(1) Within 5 business days after receiving a condition report under\nsection 34, the resident may:\n(a) accept the report by signing and returning it to the operator; or\n(b) not accept it but mark the changes as the resident thinks\nappropriate on the report, initial the changes and return the\nreport to the operator.\n\nCaravan Parks Act 2012 24\n(2) If the resident does not take either action mentioned in\nsubsection (1) within the time specified in that subsection, the\nresident is taken to have accepted the condition report.\n(3) Within 5 business days after an operator receives a condition report\nas changed by a resident as mentioned in subsection (1)(b), the\noperator may do any of the following:\n(a) accept the report as changed by the resident by initialling the\nchanges and, without making further changes, return a copy of\nthe report to the resident;\n(b) reach agreement with the resident as to the contents of the\nreport and accept the report by having both parties initial all\nchanges to the report that are accepted by them;\n(c) make an application to the Commissioner under section 36.\n(4) If, within the 5 business days as mentioned in subsection (3), the\noperator does not take any of the actions mentioned in that\nsubsection, the operator is taken to have accepted the condition\nreport as changed by the resident.\n","sortOrder":33},{"sectionNumber":"36","sectionType":"section","heading":"Application to Tribunal for condition report if no agreement","content":"36 Application to Tribunal for condition report if no agreement\n(1) This section applies if an operator and resident are unable to reach\nagreement under section 35(3)(b).\n(2) The operator or the resident may, within 5 business days after the\noperator receives the condition report as changed by the resident,\napply to the Tribunal for a condition report about the agreement\n(3) As soon as practicable after receipt of the application, the Tribunal\nmay request the Commissioner to prepare a condition report about\n(4) For this Act, the operator and resident are taken to have accepted\nthe condition report prepared under subsection (3).\n","sortOrder":34},{"sectionNumber":"37","sectionType":"section","heading":"Condition report conclusive of condition at start of occupancy","content":"37 Condition report conclusive of condition at start of occupancy\n(1) This section applies if a condition report is or is taken to have been\naccepted under this Division by an operator and resident unless the\nTribunal determines otherwise in a particular case.\n\nCaravan Parks Act 2012 25\n(2) If the condition report relates to the start of an occupancy to which a\ncaravan park agreement relates, the report is evidence of the\ncondition of the agreement property and of the provision of, and the\ncondition of, any other property mentioned in the condition report at\nthe start of the occupancy.\n(3) If the condition report relates to the start of a continuation of an\noccupancy to which a caravan park agreement relates, the report is\nevidence of the condition of the agreement property and of the\nprovision of, and the condition of, any other property mentioned in\nthe condition report at the start of the continuation.\n","sortOrder":35},{"sectionNumber":"38","sectionType":"section","heading":"Condition report has effect for continuation of occupancy","content":"38 Condition report has effect for continuation of occupancy\n(1) This section applies to an occupancy to which a caravan park\nagreement relates (the original occupancy) if the occupancy is\ncontinued and a condition report is not prepared under section 34 in\nrelation to the continuation.\n(2) The condition report that had effect under this Division for the\noriginal occupancy of the agreement property continues to have\neffect for this Division for the continuation.\n(3) It is immaterial for subsection (2) whether either or both of the\nfollowing apply:\n(a) there is a waiver of rent in relation to the period from the end\nof the original occupancy until a new agreement starts or the\noccupancy is continued;\n(b) the residents for the new agreement or continuation of the\noccupancy include someone who was not previously a\nresident under the original occupancy as long as one of the\nresidents for the new agreement or continuation was a\nresident under the original occupancy.\n","sortOrder":36},{"sectionNumber":"39","sectionType":"section","heading":"Operator must not require resident to vacate for condition","content":"39 Operator must not require resident to vacate for condition\nreport\n(1) An operator commits an offence if the operator requires a resident\nto vacate agreement property occupied under a caravan park\nagreement in order to make a condition report under this Division.\n\nCaravan Parks Act 2012 26\n","sortOrder":37},{"sectionNumber":"40","sectionType":"section","heading":"Bonds","content":"40 Bonds\n(1) An operator commits an offence if the operator requires the\npayment of:\n(a) more than one security deposit for the same caravan park\n(b) a security deposit of an amount greater than the rent payable\nunder the agreement for 4 weeks.\n(2) For subsection (1)(b), the money payable under the agreement as\nrent for 4 weeks is the lowest amount payable for a single week\nunder the agreement, at the time it was made, multiplied by 4.\n(3) Money paid to an operator as a security deposit must be held by\nthe operator in trust for the resident.\n(4) An operator commits an offence if the operator does not deposit an\namount paid to the operator as a security deposit into:\n(a) an account established for section 50 of the Agents Licensing\nAct 1979; or\n(b) a prescribed account kept by the operator.\n(5) An offence against subsection (1) or (4) is an offence of strict\n(6) It is a defence for subsection (4) if the defendant proves the\ndefendant:\n(a) operates a prescribed account as a trust account; and\n(b) maintains an amount of money in the trust account that is at\nleast equal to all amounts of money the defendant may\nreceive under subsection (1) as security deposits if all\ncaravans and caravan sites at the caravan park were\noccupied under caravan park agreements.\n","sortOrder":38},{"sectionNumber":"41","sectionType":"section","heading":"Increase in security deposit","content":"41 Increase in security deposit\n(1) If rent payable under a caravan park agreement has been\nincreased under this Act, the operator may, by written notice,\nrequire the resident to pay a further amount by way of security\n\nCaravan Parks Act 2012 27\ndeposit that will increase the total of all amounts paid by the\nresident as security deposit in relation to the occupancy to not more\nthan the amount payable for a single week's rent at the increased\nrate multiplied by 4.\n(2) Subsection (1) only applies if the notice is given after 2 years after a\nsecurity deposit was given or a security deposit was last increased\nunder this section in relation to the caravan park agreement.\n(3) If the security deposit payable under a caravan park agreement is\nincreased under this section, the terms of the bond are varied\naccordingly.\n","sortOrder":39},{"sectionNumber":"42","sectionType":"section","heading":"Receipt to be provided for security deposit","content":"42 Receipt to be provided for security deposit\n(1) If a person has paid a security deposit to the operator by cash,\ncheque or credit card, the operator must immediately give a receipt\nunder subsection (4) to the person who paid the security deposit or\nthe resident for whom the payment was made.\n(2) If a person has paid a security deposit to the operator other than by\ncash, cheque or credit card, within 2 business days after receiving\nthe security deposit, the operator must give a receipt under\nsubsection (4) to the person who paid the security deposit or the\nresident for whom the payment was made.\n(4) A receipt for subsection (1) or (2) must be signed by the person\nwho received the security deposit to which it relates and must\nspecify all of the following:\n(a) the date the security deposit was received;\n(b) the name of the resident for whom the payment was made;\n(c) the amount paid;\n(d) the address of the caravan or caravan site to which the\npayment relates.\n\nCaravan Parks Act 2012 28\n","sortOrder":40},{"sectionNumber":"43","sectionType":"section","heading":"Statement of security deposit details to be given to resident","content":"43 Statement of security deposit details to be given to resident\n(1) This section applies if a resident has paid a security deposit to the\noperator and subsequently asks the operator to provide details\nabout whether:\n(a) the amount has been paid into an account of the type\nmentioned in section 40(4): or\n(b) the operator operates a trust account of the type mentioned in\nsection 40(6).\n(2) If the amount has been paid into an account of the type mentioned\nin section 40(4), the operator must give the resident a written\nstatement of the following details about the account:\n(a) the name of the account;\n(b) whether or not the account is an account established under\nsection 50 of the Agents Licensing Act 1979;\n(c) if the account is not an account established under section 50\nof the Agents Licensing Act 1979 – the name of the financial\ninstitution where the account is held and the rate of interest;\n(d) the amount of the security deposit in relation to the resident\nthat was paid into the account;\n(e) the day on which the security deposit was paid into the\naccount.\n(3) If operator operates a trust account of the type mentioned in\nsection 40(6), the operator must give to the resident a written\nstatement of the following details about the account:\n(a) the name of the account;\n(b) the name of the financial institution where the account is held\nand the rate of interest;\n(c) the total of the funds held in the account.\n(4) An offence against subsection (2) or (3) is an offence of strict\n\nCaravan Parks Act 2012 29\n","sortOrder":41},{"sectionNumber":"44","sectionType":"section","heading":"Apportioning of security deposit between co-residents","content":"44 Apportioning of security deposit between co-residents\n(1) If there is more than one resident under a caravan park agreement,\nthe agreement may specify the proportions of the security deposit\npaid in relation to each resident under the agreement.\n(2) If the caravan park agreement does not specify the proportions of\nthe security deposit paid in relation to each resident under the\nagreement, the security deposit is taken to have been paid in equal\nproportions by all the residents.\n(3) Subsection (2) does not apply if either of the following applies and\nthe operator has been notified accordingly:\n(a) the Tribunal has determined otherwise;\n(b) all the residents agree in writing about the proportions paid as\nsecurity deposit in relation to each resident.\n","sortOrder":42},{"sectionNumber":"45","sectionType":"section","heading":"How and where rent to be paid","content":"45 How and where rent to be paid\nIt is a term of each caravan park agreement that the resident must\npay the rent specified under the agreement in the manner and at\nthe place:\n(a) specified in the caravan park agreement; or\n(b) agreed in writing between the operator and the resident.\n","sortOrder":43},{"sectionNumber":"46","sectionType":"section","heading":"Operator to keep proper records of rent","content":"46 Operator to keep proper records of rent\n(1) An operator must not fail to keep a written record, as required under\nsubsection (2), of each instalment of rent received.\nFault element: The operator is reckless about the\ncircumstances of keeping the required\nrecord of each instalment of rent received.\n(2) The record must consist of:\n(a) the amount of rent paid; and\n(b) the date on which the rent was received; and\n\nCaravan Parks Act 2012 30\n(c) the period of the occupancy to which the rent relates; and\n(d) the address of the caravan or caravan site to which the rent\nrelates.\n(3) The record may be in an electronic form.\n(4) For subsection (2)(c), the period of the occupancy is to be\npresumed to be the next period for which rent is payable unless the\nperson paying the rent or on whose behalf the rent is paid specifies\notherwise.\n(5) In a record of rent received under a caravan park agreement, a\nperson must not:\n(a) make a false entry; or\n(b) falsify an entry in any other way.\nFault element: The person has intention in relation to the\nresult of making a false record or falsifying\nan entry in another way.\n(6) An operator commits an offence if:\n(a) a resident asks the operator to permit the resident to examine\nthe record of rent received by the operator from the resident\nunder the caravan park agreement; and\n(b) the operator does not permit the resident to examine the\nrecord.\nFault element: The operator intentionally does not permit\nthe resident to examine the record.\n","sortOrder":44},{"sectionNumber":"47","sectionType":"section","heading":"Operator to give receipt for rent","content":"47 Operator to give receipt for rent\n(1) Immediately after an operator receives a cash payment for rent\nunder a caravan park agreement from a resident, the operator must\ngive the resident a receipt under subsection (5).\n\nCaravan Parks Act 2012 31\n(2) If rent is paid in cash to an operator by a person on behalf of a\nresident, the operator must give the resident a receipt under\nsubsection (5) within 1 business day after the day the cash is paid.\n(3) If rent is paid by cheque by or on behalf of a resident, the operator\nmust, at the request of the resident, give to the resident a receipt\nunder subsection (5) within 3 business days after the day the\nrequest is made.\n(4) However, an operator is not required to give a receipt if rent is\ndirectly credited or otherwise paid into a prescribed account kept by\nthe operator.\n(5) A receipt for this section must be signed by the person receiving the\nrent to which it relates and must specify all of the following:\n(a) the date on which the rent was received;\n(b) the name of the person paying the rent or for whom it is paid;\n(c) the amount paid;\n(d) the period of the occupancy to which the payment relates;\n(e) the address of the caravan or caravan site to which the\npayment relates.\n(6) An offence against subsection (1), (2) or (3) is an offence of strict\n","sortOrder":45},{"sectionNumber":"48","sectionType":"section","heading":"Resident's goods cannot be seized to pay rent","content":"48 Resident's goods cannot be seized to pay rent\n(1) A person must not seize goods of a resident in order to keep or\ndispose of the goods because of a failure to pay rent payable under\na caravan park agreement.\n(a) intentionally seizes the goods; and\n(b) seizes the goods with the intention to keep or dispose of the\ngoods because of a failure to pay rent payable under the\ncaravan park agreement.\n\nCaravan Parks Act 2012 32\n(2) It is a defence if the defendant proves the defendant was acting\nunder the Uncollected Goods Act 2004.\n","sortOrder":46},{"sectionNumber":"49","sectionType":"section","heading":"Rent in advance","content":"49 Rent in advance\n(1) An operator commits an offence if the operator requires a resident:\n(a) to pay for more than one rental payment period before the end\nof the first rental payment period of the occupancy; or\n(b) to pay rent before the end of the last rental period for which\nrent has been paid; or\n(c) to give a post-dated cheque or other post-dated negotiable\ninstrument in payment of rent.\n","sortOrder":47},{"sectionNumber":"50","sectionType":"section","heading":"How rent accrues","content":"50 How rent accrues\nThe rent payable under a caravan park agreement accrues from\nday-to-day.\n","sortOrder":48},{"sectionNumber":"51","sectionType":"section","heading":"Increases in rent","content":"51 Increases in rent\n(1) An operator may increase the rent payable under a caravan park\nagreement only if both of the following are specified in the\nagreement:\n(a) the right to increase the rent;\n(b) the amount of the increase in rent or the method of calculation\nof the increase in rent.\n(2) A proposal to increase the rent payable under a caravan park\nagreement is of no effect unless at least 30 days written notice is\ngiven to the resident of:\n(a) the amount of the increase; and\n(b) the date from which the increase is to take effect.\n(3) The date fixed for an increase in rent in relation to an occupancy\nmust not be earlier than 6 months after:\n(a) the day on which the caravan park agreement starts; or\n\nCaravan Parks Act 2012 33\n(b) if there has been a previous increase of rent under this section\nin relation to one or more of the same residents and the same\ncaravan or caravan site (as the case may be) – the last\nincrease.\n(4) If the rent payable under a caravan park agreement is increased\nunder this section, the terms of the agreement are varied\naccordingly.\n(5) Subsections (2), (3) and (4) do not apply in relation to a provision of\na caravan park agreement in relation to an occupancy under which\nthe rent payable changes automatically on a stated date on the\nbasis that all rents for that caravan park change on that date.\n","sortOrder":49},{"sectionNumber":"52","sectionType":"section","heading":"Tribunal may declare rent excessive","content":"52 Tribunal may declare rent excessive\n(1) On application by a resident under a caravan park agreement, the\nTribunal may declare the rent payable under it is excessive.\n(2) The Tribunal must not make the declaration unless it:\n(a) has given 14 days notice of the application to the operator;\nand\n(b) has invited the operator to make submissions to the\nCommissioner about the application before a date specified in\nthe notice; and\n(c) has considered any submissions made by the operator.\n(3) The Tribunal may only make the declaration if it considers the rent\npaid under the caravan park agreement is excessive having regard\nto the following:\n(a) the general level of rents for comparable caravans and\ncaravan sites or caravan sites (as the case may be) in the\nsame or similar localities;\n(b) the cost of any services provided in connection with the\nagreement by the operator or the resident;\n(c) any reduction, to a significant extent, in the level of services\nprovided under the agreement.\n(4) If the Tribunal declares the rent payable is excessive, it may, by\norder, specify the following:\n(a) the rent payable for the agreement property and a variation to\nthe agreement to reduce rent payable under the agreement;\n\nCaravan Parks Act 2012 34\n(b) a date (not before the date of the application) from which the\nvariation takes effect;\n(c) the period (of not more than 12 months) for which the order\nremains in force.\n(5) While an order under subsection (4) remains in force, the operator\nmust not ask for or receive rent exceeding the amount specified by\nthe order as the rent payable for the agreement property.\n(a) intentionally asks for or receives rent; and\n(b) is reckless as to whether the rent exceeds the amount fixed by\nthe order.\n(6) On further application by the operator under the caravan park\nagreement, the Tribunal may, as it thinks fit, vary or revoke an order\nunder this section.\n","sortOrder":50},{"sectionNumber":"53","sectionType":"section","heading":"Tribunal may request Commissioner to pay for valuation of","content":"53 Tribunal may request Commissioner to pay for valuation of\ncaravan\n(1) This section applies if a resident has made, or the Tribunal is\nsatisfied the resident wishes to make, an application as mentioned\nin section 52(1).\n(2) If the Tribunal considers it appropriate to do so, it may request the\nCommissioner to pay or undertake to pay for a valuation about the\nagreement property in relation to the resident's application or\nproposed application.\n(3) In considering whether it is appropriate to pay or undertake to pay\nfor a valuation but without limiting the Tribunal's discretion, the\nTribunal may have regard to either or both of the following:\n(a) whether it would cause economic hardship to the applicant or\nthe applicant's family if the applicant were to pay for the\nvaluation;\n(b) whether the Commissioner has previously paid or undertaken\nto pay for a valuation under this section involving the\napplicant.\n\nCaravan Parks Act 2012 35\n(4) The amount payable for a valuation under subsection (2) is payable\nfrom the CPRT Account and, for section 21, the payment is part of\nmeeting the costs of administering and enforcing this Act.\n","sortOrder":51},{"sectionNumber":"54","sectionType":"section","heading":"Repayment of rent paid in advance","content":"54 Repayment of rent paid in advance\n(1) This section applies if rent under a caravan park agreement is paid\nin advance and the occupancy is terminated before the end of the\nperiod for which rent is paid.\n(2) The operator must not fail to refund to the resident the appropriate\nproportion of the amount paid as rent in advance as soon as\npossible (but no later than 7 days) after the termination.\nFault element: The operator intentionally does not refund\nthe appropriate proportion of the amount\npaid as rent in advance.\nsubsection (2) if the defendant establishes that he or she applied\nthe rent, or a part of the rent, paid in advance towards other\nliabilities of the resident to the operator under this Act.\n(4) On application by the resident, the Tribunal may, as it thinks fit,\norder the operator to refund to the resident the proportion of the\namount paid as rent in advance (not being money for which the\nresident is liable under this Act to pay to the operator as rent or\notherwise).\n","sortOrder":52},{"sectionNumber":"55","sectionType":"section","heading":"Accelerated rent and liquidated damages prohibited","content":"55 Accelerated rent and liquidated damages prohibited\n(1) An operator must not engage in conduct that involves entering into,\nor offering to enter into, a caravan park agreement if a term of the\nagreement is to the effect that, for a breach by the resident of a\nterm of the agreement (including a term as to rent), the resident is\nliable to pay:\n(a) all or any part of the rent remaining payable under the\n(b) rent of an increased amount; or\n\nCaravan Parks Act 2012 36\n(c) an amount by way of penalty or liquidated damages that is not\nreasonably proportional to the actual loss that may be suffered\nas a consequence of the breach.\n(2) If a caravan park agreement includes a term of the type mentioned\nin subsection (1), the term is void.\n","sortOrder":53},{"sectionNumber":"56","sectionType":"section","heading":"Tribunal may determine if penalty or liquidated damages","content":"56 Tribunal may determine if penalty or liquidated damages\n(1) On application by the operator or resident under a caravan park\nagreement, the Tribunal may determine whether:\n(a) a way of calculating rent (whether or not specified in the\nagreement) is intended to enable genuine reductions in rent\nrather than to function as a penalty provision; or\n(b) an amount (by way of penalty or liquidated damages)\nspecified in the agreement is reasonably proportional to the\nactual loss that may be suffered because of the breach of the\n(2) If the Tribunal determines either of the following, the term to which\nthe determination relates is not void as mentioned in section 55(2):\n(a) a way of calculating rent (whether or not specified in the\ncaravan park agreement) is intended to enable genuine\nreductions in rent rather than to function as a penalty\nprovision;\n(b) an amount (by way of penalty or liquidated damages)\nspecified in the caravan park agreement is reasonably\nproportional to the actual loss that may be suffered because of\nthe breach of the agreement.\n(3) The Tribunal must notify the operator and the resident of his or her\ndeterminations under this section.\n\nCaravan Parks Act 2012 37\n","sortOrder":54},{"sectionNumber":"57","sectionType":"section","heading":"Reductions in rent by agreement","content":"57 Reductions in rent by agreement\n(1) The rent payable under a caravan park agreement may be reduced:\n(a) under a provision of a caravan park agreement under which\nthe rent payable changes automatically at stated intervals on a\nbasis set out in the agreement; or\n(b) by mutual agreement between the resident and the operator.\n(2) Rent may be reduced on a temporary basis so that, at the end of a\nspecified period, the rent reverts to the level the rent would have\nbeen before the temporary reduction.\n(3) If the rent payable under a caravan park agreement is reduced by\nmutual agreement between the resident and the operator, the terms\nof the agreement are varied accordingly.\n","sortOrder":55},{"sectionNumber":"58","sectionType":"section","heading":"Agreement property not to be let unless habitable and safe","content":"58 Agreement property not to be let unless habitable and safe\n(1) An operator must not enter into, or offer to enter into, a caravan\npark agreement unless the agreement property:\n(a) is habitable; and\n(b) meets all health and safety requirements specified under an\nAct that apply to the agreement property; and\n(c) is reasonably clean when a resident enters into occupation of\n(a) intentionally enters into, or offers to enter into, the agreement;\nand\n(b) is reckless as to the circumstances of whether the agreement\nproperty is;\n(i) habitable; and\n(ii) meets all health and safety requirements specified under\nan Act that apply to the agreement property; and\n\nCaravan Parks Act 2012 38\n(iii) is reasonably clean when a resident enters into\noccupation of the agreement property.\n(2) For subsection (1), it is a health and safety requirement under this\nAct that a caravan provided under a caravan park agreement must\nbe fitted with a smoke detector alarm as required by regulation.\n","sortOrder":56},{"sectionNumber":"59","sectionType":"section","heading":"Agreement property to be clean and suitable for habitation","content":"59 Agreement property to be clean and suitable for habitation\n(1) It is a term of each caravan park agreement that the operator must\nensure that, during an occupancy, the agreement property:\n(a) continues to be habitable; and\n(b) continues to meet all health and safety requirements under an\nAct that apply to the agreement property.\nExample for subsection (1)(b)\nSee regulations under the Fire and Emergency Act 1996 that specifically refer to\ncaravans.\n(2) It is not a breach of the term specified in subsection (1) if the failure\nto comply with the term is caused by:\n(a) an act or omission of the resident, including a contravention of\na law in force in the Territory; or\n(b) the resident's failure to notify the operator of repairs required\nto the agreement property.\n","sortOrder":57},{"sectionNumber":"60","sectionType":"section","heading":"Keeping caravan park etc. clean","content":"60 Keeping caravan park etc. clean\nIt is a term of each caravan park agreement that the operator must:\n(a) keep common areas and other areas in the caravan park\nclean and in a safe condition; and\n(b) arrange for the collection of the household garbage of\nresidents and other garbage from the common areas.\n","sortOrder":58},{"sectionNumber":"61","sectionType":"section","heading":"Keeping common areas clean and tidy and repairing,","content":"61 Keeping common areas clean and tidy and repairing,\nmaintaining and renovating the areas\n(1) It is a term of each caravan park agreement that the operator must\nkeep clean and tidy and, as required, repair, maintain and renovate\nfacilities in the common areas in the caravan park, including\nbathrooms, toilets and laundries.\n\nCaravan Parks Act 2012 39\n(2) When repairing, maintaining or renovating the facilities in the\ncommon areas, an operator must:\n(a) minimise inconvenience and disruption to residents; and\n(b) if necessary, provide temporary substitute facilities.\n","sortOrder":59},{"sectionNumber":"62","sectionType":"section","heading":"Caravan to be secure","content":"62 Caravan to be secure\n(1) It is a term of each caravan park agreement that the operator will\ntake reasonable steps to provide and maintain the locks that are\nnecessary to ensure a caravan provided under the agreement is\nreasonably secure.\n(2) It is a term of each caravan park agreement that, without the\nresident's consent, the operator will not:\n(a) alter a lock on the agreement property; or\n(b) add a lock to the agreement property; or\n(c) remove a lock from the agreement property.\n(3) It is a term of each caravan park agreement that, if the operator\nengages in any conduct mentioned in subsection (2)(a) or (b), the\noperator will give the resident a key to the altered or added lock as\nsoon as practicable after the alteration or addition, unless the\nresident, in writing, waives his or her right to the key.\n(4) An operator must not engage in any of the conduct mentioned in\nsubsection (2)(a) to (c) about the alteration, addition or removal of a\nlock without the resident's consent.\n(b) is reckless as to whether the resident consented to the\nalteration, addition or removal of the lock.\n(5) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant establishes a reasonable excuse.\n\nCaravan Parks Act 2012 40\n","sortOrder":60},{"sectionNumber":"63","sectionType":"section","heading":"If operator changes locks, key must be provided","content":"63 If operator changes locks, key must be provided\n(1) An operator who has altered a lock on, or added a lock to,\nagreement property occupied under a caravan park agreement\nmust not fail to give the resident, immediately after the alteration or\naddition, a key for the lock.\nsubsection (1) if the defendant establishes a reasonable excuse.\n","sortOrder":61},{"sectionNumber":"64","sectionType":"section","heading":"Cleanliness and damage","content":"64 Cleanliness and damage\n(1) It is a term of each caravan park agreement that a resident:\n(a) must maintain the agreement property in a reasonably clean\ncondition, allowing for reasonable wear and tear; and\n(b) must notify the operator of damage or apparent potential\ndamage to the agreement property, other than damage of a\nnegligible kind; and\n(c) must not intentionally or negligently cause or permit damage\nto the agreement property; and\n(d) must not intentionally or recklessly cause or permit damage to\ncommon areas in the caravan park.\n(2) It is a term of each caravan park agreement that, at the termination\nof the occupancy, the resident must return the agreement property\nto the operator in a reasonably clean condition, and state of repair,\nallowing for reasonable wear and tear.\n(3) A resident is not in breach of a term of the agreement mentioned in\nsubsection (1) or (2) if:\n(a) the resident notified the operator that repair or maintenance of\na part of the agreement property is required; and\n(b) the operator did not repair or maintain that part of the property.\n\nCaravan Parks Act 2012 41\n(4) In deciding whether the agreement property is in a reasonably\nclean condition or state of repair, the operator, the Tribunal must\ntake into account:\n(a) the condition of the agreement property at the time the\nresident took possession of the property, as determined by a\ncondition report, if any, accepted under Part 4 by the operator\nand the resident; and\n(b) if the caravan park agreement has terminated or the resident\nhas, in the opinion of the operator, apparently abandoned the\nagreement property – the condition of that property, as\ndetermined by a condition report, if any, accepted under\n","sortOrder":62},{"sectionNumber":"Part 11","sectionType":"part","heading":"by the operator and the resident; and","content":"Part 11 by the operator and the resident; and\n(c) the effect of reasonable wear and tear during the occupancy.\n(5) If a condition report was not accepted under Part 4 by the operator\nand the resident in relation to the agreement property:\n(a) the resident is taken to have complied with the term of the\nagreement specified in subsection (1); and\n(b) if the caravan park agreement has terminated or the resident\nhas, in the opinion of the operator, apparently abandoned the\nagreement property – the agreement property is taken to have\nbeen (at the time when the resident took possession of it) in\nthe condition it is in when the termination takes effect or the\nproperty is apparently abandoned.\n","sortOrder":63},{"sectionNumber":"65","sectionType":"section","heading":"Term that resident not to alter, remove or add lock to","content":"65 Term that resident not to alter, remove or add lock to\nagreement property and offence\n(1) It is a term of each caravan park agreement that, without\nreasonable excuse or without the consent of the operator, the\nresident will not:\n(a) alter a lock on the agreement property; or\n(b) add a lock to the agreement property; or\n(c) remove a lock from the agreement property.\n(2) A resident must not engage in any conduct that results in any of the\nfollowing without the consent of the operator to do so:\n(a) altering a lock on, or removing a lock from, the agreement\nproperty or common areas in the park;\n\nCaravan Parks Act 2012 42\n(b) adding a lock to the agreement property or the common areas.\nFault element: The resident has intention in relation to the\nresult of altering, removing or adding the\nlock.\n","sortOrder":64},{"sectionNumber":"66","sectionType":"section","heading":"If resident alter locks, key to be provided to operator","content":"66 If resident alter locks, key to be provided to operator\n(1) It is a term of each caravan park agreement that, if the resident\nalters a lock on agreement property or relating to common areas in\nthe caravan park, or adds a lock to the agreement property or the\ncommon areas, without the consent of the operator, the resident will\ngive the operator a key for the lock as soon as practicable after\nmaking the alteration or addition, unless the operator consents to\nthe resident doing otherwise.\n(2) A resident who has altered a lock on, or added a lock to, agreement\nproperty or common areas in a caravan park must not fail to give\nthe operator, within 2 business days after the alteration or addition,\na key for the lock.\n","sortOrder":65},{"sectionNumber":"67","sectionType":"section","heading":"No illegal conduct or nuisance on agreement property","content":"67 No illegal conduct or nuisance on agreement property\n(1) It is a term of each caravan park agreement that a resident must\nnot:\n(a) use the relevant property, or cause the relevant property to be\nused, for an illegal purpose; or\n(b) cause or permit a nuisance on the relevant property or on land\nadjacent to or opposite the relevant property; or\n(c) cause or permit ongoing or repeated interference with the\nreasonable peace or privacy of another person in the other\nperson's use of a caravan, a caravan site or land or common\nareas in the immediate vicinity of the agreement property to\nwhich the agreement relates.\n\nCaravan Parks Act 2012 43\nrelevant property, in relation to a caravan park agreement, means\nthe agreement property and the common areas in the caravan park.\n","sortOrder":66},{"sectionNumber":"68","sectionType":"section","heading":"Alteration of agreement property","content":"68 Alteration of agreement property\n(1) It is a term of each caravan park agreement that the resident must\nnot, without the operator's written consent or otherwise than in\naccordance with this Act, make an alteration or addition to the\n(2) A resident may remove a fixture affixed to agreement property by\nhim or her unless the removal would cause damage to the\n(3) It is a term of each caravan park agreement that if the resident\ncauses damage to the agreement property by removing or installing\na fixture, the resident must:\n(a) notify the operator; and\n(b) at the option of the operator, have the damage repaired or\ncompensate the operator for the reasonable cost of repairing\nthe damage.\n","sortOrder":67},{"sectionNumber":"69","sectionType":"section","heading":"Resident to notify if agreement property to be unoccupied for","content":"69 Resident to notify if agreement property to be unoccupied for\nmore than 30 days\nIt is a term of each caravan park agreement that the resident must\nnotify the operator before the agreement property is to be left\nunoccupied for more than 30 days or, if the resident is not able to\ngive notice before leaving the agreement property, as soon as is\nreasonably practicable after leaving it.\n","sortOrder":68},{"sectionNumber":"70","sectionType":"section","heading":"Operator's obligation to repair","content":"70 Operator's obligation to repair\n(1) Subject to this Part, it is a term of each caravan park agreement\nthat the operator must:\n(a) ensure the agreement property is in a reasonable state of\nrepair when a resident enters into occupation of the property;\nand\n(b) maintain the agreement property in a reasonable state of\nrepair, having regard to its age, character and prospective life.\n\nCaravan Parks Act 2012 44\n(2) An operator is not in breach of the term specified under\nsubsection (1) unless the operator:\n(a) has notice of a defect requiring repair; and\n(b) fails to act with reasonable diligence to have the defect\nrepaired.\n(3) Also, an operator is not in breach of the term specified under\nsubsection (1) if:\n(a) the repairs (other than emergency repairs) were known to the\nresident to be required at the time of entering into the caravan\npark agreement and the resident, in writing, waived the right to\nhave them made; and\n(b) the agreement property is habitable and meets all health and\nsafety requirements specified under any Act for the agreement\n(4) This section does not apply to vegetation in a garden that is part of\nthe agreement property unless it is a tree that poses a risk to a\nperson's safety or property.\n","sortOrder":69},{"sectionNumber":"71","sectionType":"section","heading":"Resident to notify operator if repairs required","content":"71 Resident to notify operator if repairs required\n(1) It is a term of each caravan park agreement that if the agreement\nproperty requires repair or maintenance (other than repairing or\nmaintaining of a negligible kind) a resident must, as soon as\nreasonably practicable after becoming aware of the need for the\nrepairs or maintenance, notify the operator about the need.\n(2) Subsection (1) does not apply in relation to repairs if the resident\nwaived the right to have the repairs made as mentioned in\nsection 70(3)(a).\n(3) If the resident gives the notice under subsection (1) orally, the\noperator may ask the resident to give notice in writing and, for this\nsection, the resident has not given notice under subsection (1) until\nthe resident gives the notice to the operator in writing.\n(4) This section does not apply to vegetation in a garden that is part of\nthe agreement property unless:\n(a) it is a tree that poses a risk to a person's safety or property; or\n(b) the caravan park agreement otherwise provides.\n\nCaravan Parks Act 2012 45\n","sortOrder":70},{"sectionNumber":"72","sectionType":"section","heading":"Maximum amount resident may claim from operator for repairs","content":"72 Maximum amount resident may claim from operator for repairs\n(1) A resident is not entitled to receive, or to request the operator to\npay to a repairer (and the operator is not required to pay), an\namount under section 74 greater than the amount payable under\nthe caravan park agreement for 2 weeks rent.\n(2) For subsection (1):\n(a) if the rent fluctuates during the period of a caravan park\nagreement – the amount payable under the agreement for\n2 weeks rent is taken to be the lowest rent payable for a\n2 week period under the agreement; or\n(b) if the rent increases under section 51 – the amount payable\nunder the agreement for 2 weeks rent is taken to be the\nincreased rent payable for a 2 week period under the\n","sortOrder":71},{"sectionNumber":"73","sectionType":"section","heading":"When resident may make repairs","content":"73 When resident may make repairs\nA resident may make repairs (permitted repairs) to the agreement\nproperty occupied under a caravan park agreement if:\n(a) the property is uninhabitable, unsafe or, if the repairs are not\nmade, there is a reasonable possibility:\n(i) of damage occurring to the agreement property or\nproperty of the resident; or\n(ii) that the agreement property is likely to become unsafe,\nuninhabitable or insecure; and\n(b) the property is in a state of disrepair that does not arise from\ncontravention of the caravan park agreement by the resident;\nand\n(c) the resident has, under section 71, notified the operator in\nwriting of the requirement for the repairs to be made; and\n(d) either the repairs have not been made within 7 business days\nafter receipt of a written notice under section 71 or:\n(i) the operator has not, within 7 business days after receipt\nof a written notice under section 71, made arrangements\nfor the repairs to be made and notified the resident\naccordingly; and\n(ii) the repairs have not been made within 21 days after the\ndate of the written notice under section 71.\n\nCaravan Parks Act 2012 46\n","sortOrder":72},{"sectionNumber":"74","sectionType":"section","heading":"When and how resident may claim money for permitted repairs","content":"74 When and how resident may claim money for permitted repairs\n(1) If a resident made permitted repairs, the resident may recover from\nthe operator the cost of having the permitted repairs made only if\nthe resident has done each of the following:\n(a) notified the operator of the cost of the permitted repairs;\n(b) complied with section 75;\n(c) given the operator appropriate documents proving the cost\nincurred.\n(2) A resident may request the operator:\n(a) to pay the cost of permitted repairs directly to the repairer; or\n(b) if the resident has paid the cost – to pay the amount to the\nresident or to deduct the amount from rent payable by the\n(3) A cost payable by an operator under this section must be paid:\n(a) in accordance with the resident's request under\nsubsection (2)(b); or\n(b) in the way agreed between the operator and resident; or\n(c) as ordered under subsection (4).\n(4) On application by the operator or resident under a caravan park\nagreement, but subject to this Division, the Tribunal may order a\nparty to pay for the cost of permitted repairs incurred or purporting\nto be incurred under this Division.\n","sortOrder":73},{"sectionNumber":"75","sectionType":"section","heading":"Resident to use nominated repairer","content":"75 Resident to use nominated repairer\n(1) An operator under a caravan park agreement may nominate a\nperson (including the operator) to be the nominated repairer for a\ntype of repair by a provision in the agreement or by written notice to\nthe resident.\n(2) If the repairs are permitted repairs and the operator has specified a\nnominated repairer who may make repairs of that type, the resident\nmust take all reasonable steps to engage the nominated repairer to\nmake the permitted repairs.\n\nCaravan Parks Act 2012 47\n(3) If the operator has nominated a person under subsection (1), a\nresident may have permitted repairs made by a person other than\nthe nominated repairer only if:\n(a) the resident cannot, despite reasonable attempts to do so,\nengage the nominated repairer to make the permitted repairs\nwithin a reasonable time; and\n(b) the resident has obtained quotations for the cost of the\npermitted repairs from 2 repairers who are appropriately\nqualified to make the repairs; and\n(c) the resident has chosen the repairer offering the lowest\nquotation, unless the repairer offering the lowest quotation\nwould not be able to make the permitted repairs within a\nreasonable time.\n","sortOrder":74},{"sectionNumber":"76","sectionType":"section","heading":"Emergency repairs may be ordered by Tribunal","content":"76 Emergency repairs may be ordered by Tribunal\n(1) On application by the resident under a caravan park agreement, the\nTribunal may order the operator to ensure that repairs specified in\nthe order to agreement property are made within a period specified\nin the order if:\n(a) the repairs required are emergency repairs; and\n(b) the agreement property is in a state of disrepair that does not\narise from the resident's contravention of the agreement; and\n(c) the resident has, under section 71, notified the operator in\nwriting of the requirement for the repairs to be made; and\n(d) either the repairs have not been made within 5 business days\nafter receipt of the notice under section 71 or:\n(i) the operator has not, within that period of 5 business\ndays, made arrangements for the repairs to be made\nand notified the resident of the arrangements; and\n(ii) the repairs have not been made within 14 days after the\ndate of the notice.\nemergency repairs means work needed to repair:\n(a) a water service, that provides water to agreement property,\nthat has burst; or\n\nCaravan Parks Act 2012 48\n(b) a blocked or broken lavatory system on agreement property;\nor\n(c) a serious roof leak; or\n(d) a gas leak; or\n(e) a dangerous electrical fault; or\n(f) flooding or serious flood damage; or\n(g) serious storm, fire or impact damage; or\n(h) a failure or breakdown of the gas, electricity or water supply to\nagreement property; or\n(i) a failure or breakdown of an essential service or appliance on\nagreement property for water or cooking; or\n(j) a fault or damage that makes the agreement property unsafe\nor insecure; or\n(k) a fault or damage likely to injure a person, damage property or\nunduly inconvenience a resident of agreement property.\n","sortOrder":75},{"sectionNumber":"77","sectionType":"section","heading":"Vacant possession","content":"77 Vacant possession\n(1) It is a term of each caravan park agreement that a resident is\nentitled to vacant possession of the agreement property on and\nafter the day the occupancy begins.\n(2) Subsection (1) does not apply in relation to a part of the agreement\nproperty for which a right to exclusive possession is not given by\nthe caravan park agreement.\n(3) It is a term of each caravan park agreement that there is no legal\nimpediment to the resident's occupation of the agreement property\nas a place of residence for the period of the occupancy that the\noperator knew of, or ought to have known of, when entering into the\n\nCaravan Parks Act 2012 49\n","sortOrder":76},{"sectionNumber":"78","sectionType":"section","heading":"Resident to be able to use and enjoy property","content":"78 Resident to be able to use and enjoy property\n(1) It is a term of each caravan park agreement that:\n(a) a resident is entitled to quiet enjoyment of the agreement\nproperty without interruption by the operator, a person\nclaiming under the operator or a person with superior title to\nthe operator's title; and\n(b) the operator will not cause an interference with the reasonable\npeace or privacy of a resident in the resident's use of the\nagreement property and common areas in the caravan park.\ncontravention of a term mentioned in subsection (1).\ncontravention of a term mentioned in subsection (1).\n","sortOrder":77},{"sectionNumber":"79","sectionType":"section","heading":"Operator not to interfere with resident's enjoyment of caravan","content":"79 Operator not to interfere with resident's enjoyment of caravan\nAn operator must not engage in conduct the result of which is to\nforce a resident to vacate agreement property occupied under a\ncaravan park agreement in circumstances that amount to\nharassment of the resident\n(a) engages in the conduct with the intention of forcing the\nresident to vacate the agreement property; and\n(b) is reckless as to whether the circumstances relating to the\nconduct amount to harassment of the resident.\n\nCaravan Parks Act 2012 50\n","sortOrder":78},{"sectionNumber":"80","sectionType":"section","heading":"Resident's right of association","content":"80 Resident's right of association\n(1) A term of caravan park agreement is void to the extent it includes a\nterm to the following effect in relation to a prohibited activity as\nmentioned in subsection (2):\n(a) the agreement is or may be terminated, or may not be\nrenewed;\n(b) the resident will suffer some other detriment under the\n(2) Each of the following is a prohibited activity:\n(a) the resident may not join or become a member of a body or\nassociation of any kind;\n(b) the resident may not make use of the services of a body or\nassociation of any kind.\n(3) Subsection (1) applies whether the caravan park agreement is\nentered into before or after the commencement of this section.\n(4) An operator must not include a term as mentioned in subsection (1)\nin a caravan park agreement relating to a prohibited activity.\nFault element: The operator is reckless as to whether the\nresult is a caravan park agreement that\nincludes the term relating to a prohibited\nactivity.\n","sortOrder":79},{"sectionNumber":"81","sectionType":"section","heading":"Entry permitted only in accordance with Act","content":"81 Entry permitted only in accordance with Act\nIt is a term of each caravan park agreement that the operator may\nonly enter the agreement property in accordance with this Act.\n","sortOrder":80},{"sectionNumber":"82","sectionType":"section","heading":"Collection of rent","content":"82 Collection of rent\ncaravan park agreement to collect rent only if the entry is made:\n(a) between 7 am and 9 pm and at a time previously arranged\nwith the resident not less than 7 days before the entry is\nmade; and\n\nCaravan Parks Act 2012 51\n(b) not earlier than 7 days after the last time entry was made\nunder this section.\nNote for section 82\nSee section 7(3) for use of operator in this Part. Therefore, if the operator\nauthorised a commercial agent (as defined in section 3(1) of the Commercial and\nPrivate Agents Licensing Act 1979) to collect rent, this section would apply to the\ncommercial agent.\n","sortOrder":81},{"sectionNumber":"83","sectionType":"section","heading":"Inspection of agreement property","content":"83 Inspection of agreement property\n(1) An operator may enter agreement property occupied under a\ncaravan park agreement to inspect the agreement property.\n(2) Subsection (1) only applies if the entry is made:\n(a) between 7 am and 9 pm and at a time previously arranged\nwith the resident not less than 7 days before the entry is\nmade; and\n(b) after:\n(i) 3 months after the previous entry was made to the\nagreement property under this section; or\n(ii) if a longer period is specified in the caravan park\nagreement as the interval during which an entry for\ninspecting the agreement property is not to be made –\nthat longer period.\n","sortOrder":82},{"sectionNumber":"84","sectionType":"section","heading":"Repairs and maintenance","content":"84 Repairs and maintenance\n(1) An operator may enter the agreement property occupied under a\ncaravan park agreement for either or both of the following reasons:\n(a) to carry out necessary repairs or maintenance, but only if:\n(i) the operator has been notified by the resident that the\nrepairs or maintenance are necessary; or\n(ii) the need for the repairs or maintenance has been\nobserved by the operator, including during an inspection\nunder section 83;\n(b) to determine if necessary repairs and maintenance have been\nsatisfactorily performed or completed.\n(2) Subsection (1) only applies if the entry is made:\n\nCaravan Parks Act 2012 52\n","sortOrder":83},{"sectionNumber":"85","sectionType":"section","heading":"Emergency or significant damage","content":"85 Emergency or significant damage\ncaravan park agreement without notice:\n(a) in an emergency; or\n(b) if the operator reasonably suspects significant damage has\nbeen, is being, or is about to be, caused to the property.\n","sortOrder":84},{"sectionNumber":"86","sectionType":"section","heading":"Preparation of condition report","content":"86 Preparation of condition report\ncaravan park agreement to prepare a condition report under\nsection 34 or 125 if the entry is made:\n","sortOrder":85},{"sectionNumber":"87","sectionType":"section","heading":"Inspection by prospective residents or purchasers","content":"87 Inspection by prospective residents or purchasers\n(1) An operator may enter agreement property occupied under a\ncaravan park agreement for showing the agreement property to\nprospective residents if the entry is made:\n(b) during the period 28 days before the termination of the\ncaravan park agreement; and\n(c) after 1 days notice about the time of entry is given orally or in\n(2) An operator may enter agreement property occupied under a\ncaravan park agreement for showing the caravan to prospective\npurchasers of the agreement property or the caravan park if the\nentry is made:\n(3) The operator may enter agreement property for purposes specified\nin subsection (1) or (2) on no more than a reasonable number of\noccasions.\n\nCaravan Parks Act 2012 53\n","sortOrder":86},{"sectionNumber":"88","sectionType":"section","heading":"Entry with consent between 7 am and 9 pm","content":"88 Entry with consent between 7 am and 9 pm\nAn operator may, with the consent of a resident given at or\nimmediately before the time of entry, enter the agreement property\noccupied under a caravan park agreement between 7 am and\n9 pm.\n","sortOrder":87},{"sectionNumber":"89","sectionType":"section","heading":"Resident to be present at entry","content":"89 Resident to be present at entry\n(1) An entry into, or inspection of, agreement property under this Part\nmust be undertaken in the resident's presence.\n(2) Subsection (1) does not apply if:\n(a) the resident refuses, other than on reasonable grounds, to be\npresent at the time specified for the inspection; or\n(b) the resident, in writing, waives the right to be present at the\ninspection; or\n(c) the resident is not at the agreement property at the time\nspecified for the inspection by notice given under section 84,\n86 or 87; or\n(d) the entry is made under section 85.\n","sortOrder":88},{"sectionNumber":"90","sectionType":"section","heading":"Tribunal may order resident to let operator enter caravan","content":"90 Tribunal may order resident to let operator enter caravan\n(1) If a resident unreasonably impedes, or fails to permit, the lawful\nentry of the operator to the agreement property, on the application\nby the operator to the Tribunal, it may make an order permitting the\noperator to enter the agreement property as specified in the order.\n(2) If, under this Act, an operator has entered agreement property\noccupied under a caravan park agreement, the resident must not\nunreasonably impede the operator in carrying out the purpose for\nwhich entry lawfully occurred.\n","sortOrder":89},{"sectionNumber":"91","sectionType":"section","heading":"Assignment or sublease of caravan permitted with consent","content":"91 Assignment or sublease of caravan permitted with consent\n(1) Subject to this Part, it is a term of each caravan park agreement\nthat the resident may assign the resident's interest in the agreement\nor sublet the agreement property to someone else with the oral or\nwritten consent of the operator.\n\nCaravan Parks Act 2012 54\n(2) It is a term of each caravan park agreement that the resident must\nnot assign the resident's interest in the agreement or sublet the\nagreement property unless:\n(a) the operator consents, in writing, to the assignment or\nsubletting; or\n(b) the operator is taken under section 92 to have so consented.\n(3) If the operator consents or is taken to have consented to an\nassignment or subletting after the assignment or subletting occurs,\nthe resident is not to be taken to be, or to have been, in breach of\nsubsection (2).\n","sortOrder":90},{"sectionNumber":"92","sectionType":"section","heading":"Consent to assignments and subletting","content":"92 Consent to assignments and subletting\n(1) A resident under a caravan park agreement may apply to the\noperator for consent to an assignment of the resident's interest in\nthe agreement, or to sublet agreement property, by giving the\noperator:\n(a) the name of the person to whom it is proposed to assign the\ninterest in the agreement or sublet the property; and\n(b) the same information in relation to the person specified under\nparagraph (a) that the resident was requested to give to the\noperator in relation to the resident's application to enter into\n(2) Within 28 days after the resident applies to the operator for the\nassignment or subletting, the operator may notify the resident that\nthe operator does not consent to the assignment or subletting.\n(3) The operator is taken to have consented to an assignment or\nsubletting if the resident applied under subsection (1) but the\noperator did not give notice to the resident within the period\nspecified under subsection (2) that the operator did not consent.\n(4) In deciding whether to consent to an assignment or subletting, the\noperator is in the same position the operator would be in if the\noperator were considering an offer to enter into a caravan park\nagreement from the person to whom it is proposed to assign or\nsublet the agreement property.\n\nCaravan Parks Act 2012 55\n","sortOrder":91},{"sectionNumber":"93","sectionType":"section","heading":"Security deposit if lease assigned","content":"93 Security deposit if lease assigned\nIf an operator consents, or is taken under section 92 to have\nconsented, to the assignment of a resident's interest under a\ncaravan park agreement to someone else, the resident must also\nassign to that other person the resident's interest in the security\ndeposit paid under the agreement.\n","sortOrder":92},{"sectionNumber":"94","sectionType":"section","heading":"Unreasonable charges for assignment or subletting","content":"94 Unreasonable charges for assignment or subletting\n(1) An operator must not require a resident to pay to the operator a\ncharge for consenting or considering an application for consent to\nan assignment of the agreement or subletting of the agreement\nproperty that is more than the operator's reasonable expenses in\nrelation to the assignment or subletting.\nMaximum penalty for subsection (2): 20 penalty units.\n","sortOrder":93},{"sectionNumber":"95","sectionType":"section","heading":"When termination occurs","content":"95 When termination occurs\nAn occupancy under a caravan park agreement is terminated when\nany of the following occurs:\n(a) the termination of the agreement under this Act by the\noperator, the resident or the Tribunal;\n(b) abandonment of the agreement property before the end of the\nagreement either on and from the date on which rent was due\nand payable in relation to the property or the date specified in\na declaration under section 124 as the date on which the\nproperty was abandoned, whichever is sooner;\n\nCaravan Parks Act 2012 56\n(c) a person with superior title to the operator's title becomes\nentitled to possession of the agreement property under an\norder of the Tribunal;\n(d) a sole resident dies without leaving in occupation of the\nagreement property a spouse, de facto partner or dependants,\nof whose occupation and relationship to the sole resident the\noperator has been notified before the death;\n(e) a resident gives up possession of the agreement property with\nthe operator's consent.\n","sortOrder":94},{"sectionNumber":"96","sectionType":"section","heading":"Fixed term occupancy becomes periodic if not terminated","content":"96 Fixed term occupancy becomes periodic if not terminated\nA caravan park agreement that provides for a fixed term occupancy\ncontinues to apply to the agreement property on the same terms on\nwhich it applied immediately before the day the term ends but as a\nperiodic occupancy, if:\n(a) the agreement does not provide for the continuance of the\noccupancy after the day the term ends; and\n(b) a notice of termination has not been given under this Act in\nrelation to the agreement property; and\n(c) the resident remains in occupation of the agreement property\nafter the day the term ends.\n","sortOrder":95},{"sectionNumber":"97","sectionType":"section","heading":"Application to Tribunal about purported termination","content":"97 Application to Tribunal about purported termination\n(1) The resident or operator under a caravan park agreement may\napply to the Tribunal for a declaration that a purported termination\nof the occupancy under the agreement is of no effect.\n(2) The application may be made whether or not a notice of termination\nis given or has taken effect.\n(3) The application does not operate to stop the termination unless the\nTribunal otherwise orders.\n(4) After considering the application, the Tribunal may declare the\npurported termination is of no effect.\n\nCaravan Parks Act 2012 57\n","sortOrder":96},{"sectionNumber":"98","sectionType":"section","heading":"Termination of periodic occupancy effective despite","content":"98 Termination of periodic occupancy effective despite\ninadequate notice\nA notice terminating a caravan park agreement for which a periodic\noccupancy applies under this Act has effect even though:\n(a) the period of notice is less than would, apart from this Act,\nhave been required by law; or\n(b) the date, stated in the notice, on which the occupancy is to\nterminate is not the last day of a period of the occupancy.\n","sortOrder":97},{"sectionNumber":"99","sectionType":"section","heading":"If agreement property is flooded, unsafe or uninhabitable","content":"99 If agreement property is flooded, unsafe or uninhabitable\n(1) An operator under a caravan park agreement may terminate the\noccupancy by 1 days notice if:\n(a) access to the agreement property has not been available for\nmore than 3 days because of flooding; or\n(b) continued occupation of the agreement property by the\nresident is a threat to the health or safety of the resident or\nmembers of the public or a threat to the safety of the\noperator's property; or\n(c) the agreement property has become uninhabitable.\n","sortOrder":98},{"sectionNumber":"100","sectionType":"section","heading":"If drug premises order made","content":"100 If drug premises order made\n(1) This section applies if a caravan in a caravan park is declared drug\npremises whether or not:\n(a) the caravan is provided by the operator; or\n(b) there is in existence a caravan park agreement or an excluded\nagreement in relation to the caravan.\n(2) The operator may terminate:\n(a) if the caravan is provided by the operator – the right of\noccupancy of the caravan and caravan site under the caravan\npark agreement, the excluded agreement or otherwise; or\n\nCaravan Parks Act 2012 58\n(b) if the caravan is not provided by the operator – the right of\noccupancy of the caravan site under the caravan park\nagreement, the excluded agreement or otherwise.\n(3) The termination must be by notice of termination given to the\nperson with the right of occupancy under the caravan park\nagreement, the excluded agreement or otherwise.\n(4) The date stated in the notice of termination by which the person is\nrequired to give up vacant possession of the caravan and caravan\nsite, or the caravan site, (as the case may be) must not be earlier\nthan 14 days after the date of the notice of termination.\n(5) Divisions 5, 6 and 7 and section 181 apply in relation to a notice of\ntermination given as mentioned in subsection (3).\ndrug premises, see section 11A of the Misuse of Drugs Act 1990.\n","sortOrder":99},{"sectionNumber":"101","sectionType":"section","heading":"Serious misconduct by resident of caravan park","content":"101 Serious misconduct by resident of caravan park\n(1) An operator under a caravan park agreement may terminate the\nagreement on the ground the resident, or a person while in the\ncaravan park with the resident's consent, has intentionally or\nrecklessly caused or permitted, or is likely to cause or permit, any of\nthe following:\n(a) serious damage to the agreement property or the common\nareas or other property in the caravan park;\n(b) personal injury to the operator or a person in the caravan park\nor the vicinity of the caravan park;\n(c) serious interference with the reasonable peace, comfort or\nprivacy of:\n(i) another resident (including the operator if the operator\nresides in the caravan park) in the other resident's use of\nthe caravan park including common areas; or\n(ii) a person residing in the immediate vicinity of the caravan\npark.\n(3) For subsection (1)(c), the serious interference may occur because\nof serious verbal abuse by the resident or a person while in the\ncaravan park with the resident's consent.\n\nCaravan Parks Act 2012 59\n(4) The notice of termination may terminate the agreement immediately\nor on a later day stated in the notice.\n(5) Within 3 business days after the day the notice of termination is\ngiven to the resident, the operator must give written notice to the\nCommissioner about the termination, including the reasons for it.\n(6) An offence against subsection (5) is an offence of strict liability.\n(7) This section does not limit the operator from taking other actions\nunder this Act.\n","sortOrder":100},{"sectionNumber":"102","sectionType":"section","heading":"Periodic occupancy, other than for breach","content":"102 Periodic occupancy, other than for breach\n(1) An operator under a caravan park agreement may, by notice of\ntermination to the resident, terminate a periodic occupancy without\nspecifying a ground for the termination in the notice.\n(2) The notice of termination must specify a particular day for the\ntermination to take effect (that must be at least 42 days after the\ndate the notice is given to the resident).\n","sortOrder":101},{"sectionNumber":"103","sectionType":"section","heading":"Fixed term occupancy","content":"103 Fixed term occupancy\n(1) An operator under a caravan park agreement may terminate a fixed\nterm occupancy that, under the agreement, is due to terminate on a\n(2) The termination on the particular day must be by notice of\ntermination given to the resident at least 21 days before the\n","sortOrder":102},{"sectionNumber":"104","sectionType":"section","heading":"Employment-related occupancy","content":"104 Employment-related occupancy\n(1) An operator under a caravan park agreement may terminate a right\nof occupancy under the agreement on and after the time and date\nspecified in the notice of termination if:\n(a) the resident entered into the agreement as a condition or\nbenefit associated with employment; and\n(b) the operator (as the employer of the resident) has terminated\nor purported to terminate the employment; and\n(c) the operator has given notice to the resident terminating the\nresident's employment.\n\nCaravan Parks Act 2012 60\n(2) The termination of the right of occupancy must be by notice of\ntermination given to the resident.\n(3) The time and date specified in the notice of termination of the right\nof occupancy must not be earlier than:\n(a) if the employment of the resident was terminated for breach of\nan employment agreement – 2 days after notice of termination\nfor the breach of the employment agreement is given; or\n(b) otherwise – 14 days after notice of termination for the breach\nof the employment agreement is given to the resident or, if a\nperiod for giving notice terminating the employment\nagreement is specified in the conditions of employment, the\nend of that period.\n","sortOrder":103},{"sectionNumber":"105","sectionType":"section","heading":"If caravan flooded, unsafe or uninhabitable","content":"105 If caravan flooded, unsafe or uninhabitable\n(1) A resident may terminate an occupancy under a caravan park\nagreement if:\n(a) access to the agreement property has not been available for\nmore than 3 days because of flooding; or\n(b) continued occupation of the agreement property by the\nresident is a threat to the health or safety of the resident or\nmembers of the public or a threat to the safety of the\noperator's property; or\n(c) the agreement property has become uninhabitable.\noperator 2 days before the termination takes effect.\n","sortOrder":104},{"sectionNumber":"106","sectionType":"section","heading":"Periodic occupancy, other than for breach","content":"106 Periodic occupancy, other than for breach\n(1) A resident under a caravan park agreement may, by notice of\ntermination to the operator, terminate a periodic occupancy without\nspecifying a ground for the termination in the notice.\n(2) The notice of termination must specify a particular day for the\ntermination to take effect (that must be at least 14 days after the\ndate the notice is given to the operator).\n\nCaravan Parks Act 2012 61\n","sortOrder":105},{"sectionNumber":"107","sectionType":"section","heading":"Fixed term occupancy","content":"107 Fixed term occupancy\n(1) A resident under a caravan park agreement may terminate a fixed\nterm occupancy that, under the agreement, is due to terminate on a\n(2) The termination on the particular day must be by notice of\ntermination given to the operator at least 14 days before the\nDivision 4 Notice of intention to terminate for failure to\nremedy breach\n","sortOrder":106},{"sectionNumber":"108","sectionType":"section","heading":"Resident's failure to pay rent","content":"108 Resident's failure to pay rent\n(1) This section applies if a resident breaches a term of a caravan park\nagreement by failing to pay rent if the rent has been in arrears for\nnot less than 3 days.\n(2) The operator may give the resident a notice, signed by the\noperator, stating the following:\n(b) the resident is in breach of the agreement by failing to pay rent\nin accordance with the agreement and the rent is in arrears;\n(c) the amount of rent payable by the resident in order to remedy\nthe breach and any prescribed information relevant to that\namount;\n(d) the resident is required to remedy the breach before the date\nspecified in the notice (at least 7 days after the notice is\ngiven);\n(e) if the resident does not remedy the breach as required, the\noperator intends to apply to the Tribunal for an order for\ntermination of the occupancy and possession of the\n(3) The notice has effect even if the operator has not previously made\na formal demand for payment of the rent.\n(4) If any of the following occurs after the operator becomes aware of\nthe resident's breach or has given the resident the notice to pay the\nrent in arrears, the occurrence does not operate as a waiver of the\nbreach or notice:\n(a) a demand by the operator for payment of rent;\n\nCaravan Parks Act 2012 62\n(b) an application by the operator to the Tribunal for recovery of\nrent;\n(c) an acceptance by the operator of a payment of rent.\n(5) If the resident does not remedy the breach as required by the\nnotice, the operator may apply under section 115 for an order for\ntermination of the occupancy and possession of the agreement\n(6) The operator must make the application no later than 14 days after\n(7) For subsection (2)(c), the Regulations may prescribe information\nthat must be given in the notice, including information about any of\nthe following:\n(a) the method of calculation of rent arrears;\n(b) the method of calculation of the amount of rent payable in\norder to remedy the breach;\n(c) the date on which rent was last paid;\n(d) the date on which rent will next be payable after the breach is\nremedied.\n","sortOrder":107},{"sectionNumber":"109","sectionType":"section","heading":"Other breach by resident","content":"109 Other breach by resident\n(1) This section applies if a resident breaches a term of a caravan park\nagreement (other than a term relating to payment of rent) that:\n(a) is a term of the agreement because of this Act; or\n(b) is specified in the agreement to be a term that, if breached,\npermits the operator to terminate the agreement.\n(2) The operator may give the resident a notice, signed by the\noperator, stating the following:\n(b) the resident is in breach of the agreement;\n(c) the nature of the breach;\n(d) the resident is required to remedy the breach, or take steps to\nthe operator's satisfaction to do so, before the date specified\nin the notice (at least 7 days after the notice is given);\n\nCaravan Parks Act 2012 63\n(e) if the resident does not remedy the breach or take steps to the\noperator's satisfaction to do so, as required, the operator\nintends to apply to the Tribunal for an order for termination of\nthe occupancy and possession of the agreement property.\n(3) If the resident does not remedy the breach or take steps to the\noperator's satisfaction to do so, as required by the notice, the\noperator may apply under section 115 for an order for termination of\nthe occupancy and possession of the agreement property.\n(4) The operator must make the application no later than 14 days after\n","sortOrder":108},{"sectionNumber":"110","sectionType":"section","heading":"Breach by operator","content":"110 Breach by operator\n(1) This section applies if an operator breaches a term of a caravan\npark agreement that:\n(a) is a term of the agreement because of this Act; or\n(b) is specified in the agreement to be a term that, if breached,\npermits the resident to terminate the agreement.\n(2) The resident may give the operator a notice, signed by the resident,\nstating the following:\n(b) the operator is in breach of the agreement;\n(c) the nature of the breach;\n(d) the operator is required to remedy the breach, or take steps to\nthe resident's satisfaction to do so, before the date specified in\nthe notice (at least 7 days after the notice is given);\n(e) if the operator does not remedy the breach or take steps to the\nresident's satisfaction to do so, as required, the resident\nintends to apply to the Tribunal or a court for an order for\ntermination of the occupancy and permitting the resident to\ngive up possession of the agreement property.\n(3) If the operator does not remedy the breach or take steps to the\nresident's satisfaction to do so, as required by the notice, the\nresident may apply under section 115 for an order terminating the\noccupancy and permitting the resident to give up possession of the\n(4) The resident must make the application no later than 14 days after\n\nCaravan Parks Act 2012 64\n","sortOrder":109},{"sectionNumber":"111","sectionType":"section","heading":"Serious breach by resident","content":"111 Serious breach by resident\n(1) The Tribunal may make an order under this section on application\nto the Tribunal by the operator under a caravan park agreement.\n(2) If the Tribunal is satisfied of both of the following:\n(a) the resident has breached the agreement;\n(b) the breach is sufficiently serious to justify termination of the\noccupancy otherwise than in accordance with Division 2;\nthe Tribunal may terminate the occupancy and make an order for\npossession of the agreement property on or after the date specified\nin the order (a date at least 7 days after the date of the order).\n(3) If the Tribunal is satisfied the resident or a person while on the\nagreement property with the resident's consent, has intentionally or\nrecklessly caused or permitted or is likely to cause or permit:\n(a) serious damage to the agreement property; or\n(b) personal injury to:\n(i) the operator; or\n(ii) a person in the vicinity of the agreement property;\nthe Tribunal may terminate the occupancy and make an order for\nimmediate possession of the agreement property.\n","sortOrder":110},{"sectionNumber":"112","sectionType":"section","heading":"Serious breach by operator","content":"112 Serious breach by operator\nOn application to the Tribunal by a resident under a caravan park\nagreement, the Tribunal may terminate the occupancy and make an\norder for possession of the agreement property on or after a date\nspecified in the order (at least 7 days after the date of the order) if\nsatisfied:\n(a) the operator has committed a breach of the relevant caravan\npark agreement; and\n(b) the breach is sufficiently serious to justify termination of the\noccupancy otherwise than in accordance with Division 4.\n\nCaravan Parks Act 2012 65\n","sortOrder":111},{"sectionNumber":"113","sectionType":"section","heading":"Hardship","content":"113 Hardship\n(1) On application to the Tribunal by a resident under a caravan park\nagreement, the Tribunal may terminate the agreement and make an\norder for possession of the agreement property if satisfied that:\n(a) the continuation of the occupancy would result in undue\nhardship to the operator or resident; and\n(b) the circumstances of hardship had not arisen before the\nresident entered into the agreement.\n(2) If the Tribunal terminates an occupancy and makes an order for\npossession under this section, the order must include the date on\nand from which it has effect.\n","sortOrder":112},{"sectionNumber":"114","sectionType":"section","heading":"Conduct of resident unacceptable","content":"114 Conduct of resident unacceptable\n(1) On application to the Tribunal by the operator under a caravan park\nagreement or an interested person, the Tribunal may terminate the\noccupancy and make an order for possession of agreement\nproperty if satisfied the resident has:\n(a) used relevant property, or caused or permitted the property or\nareas to be used, for an illegal purpose; or\n(b) repeatedly caused a nuisance on or to escape from the\nrelevant property or repeatedly permitted a nuisance to be\ncaused on or escape from the property or areas; or\n(c) repeatedly caused or repeatedly permitted an interference\nwith the reasonable peace or privacy of a person residing in\nthe immediate vicinity of the relevant property.\n(2) If the application is made by an interested person, the Tribunal may\nmake an order for possession of the agreement property only if the\noperator has been:\n(a) served with a copy of the application; and\n(b) given the opportunity to be heard by the Tribunal.\n(3) If the operator objects to the Tribunal making an order for\npossession, the Tribunal may make the order only if satisfied\nexceptional circumstances justify it.\n(4) An order for possession must state the date it takes effect.\n\nCaravan Parks Act 2012 66\n(5) In this section:\ninterested person, for an application under this section, means a\nperson who has been adversely affected by the conduct described\nin the application.\nrelevant property, in relation to a caravan park agreement, means\nthe agreement property and the common areas in the caravan park.\n","sortOrder":113},{"sectionNumber":"115","sectionType":"section","heading":"Failure to remedy breach after notice given","content":"115 Failure to remedy breach after notice given\n(1) On application to the Tribunal by the operator under a caravan park\nagreement, the Tribunal may terminate an occupancy relating to a\nresident and make an order for possession of agreement property if\nsatisfied the resident:\n(a) has been given a notice in accordance with section 108\nor 109; and\n(b) has failed to remedy the breach as required by the notice.\n(2) On application to the Tribunal by a resident under a caravan park\nagreement, the Tribunal may terminate the occupancy and permit\nthe resident to give up possession of the agreement property if\nsatisfied the operator:\n(a) has been given a notice under section 110(2); and\n(b) has failed to remedy the breach as required by the notice.\n(3) An order for possession has effect on the date specified in the order\n(at least 5 business days after the date of the order), unless the\noperation of the order is suspended under section 121.\n","sortOrder":114},{"sectionNumber":"116","sectionType":"section","heading":"Application for confirmation of notice of termination given to","content":"116 Application for confirmation of notice of termination given to\nresident of caravan park\n(a) an operator under a caravan park agreement has given a\nnotice of termination to a resident; and\n(b) within 3 business days after the day the notice of termination\nis given to the resident, the operator has applied to the\nTribunal for an order confirming the termination.\n(2) In giving notice of the application to the resident, the Tribunal must\ngive the resident an opportunity to respond to the application.\n\nCaravan Parks Act 2012 67\n(3) If the Tribunal:\n(a) is satisfied there were grounds for the operator to give the\nnotice of termination to the resident and it was reasonable in\nthe circumstances for the owner to give that notice – the\nTribunal must confirm the termination; or\n(b) is not so satisfied – the Tribunal must declare the termination\nwas invalid.\n(4) If the Tribunal declares a termination invalid and considers the\nresident incurred expenses for accommodation, food and moving\nexpenses that would not otherwise have been incurred, the Tribunal\nmay, as it considers appropriate, order the operator to pay all or\npart of the expenses of the resident and others who lived with the\nresident in the agreement property.\n(5) Despite anything to the contrary, the Tribunal must not extend the\ntime for making an application for confirmation of a termination by\nnotice of termination.\nresident includes a person given a notice of termination even if the\nperson has left the relevant caravan park because of the notice.\n","sortOrder":115},{"sectionNumber":"117","sectionType":"section","heading":"Form of notice of termination","content":"117 Form of notice of termination\n(1) A notice of termination given by an operator must be signed by the\noperator and specify:\n(a) the address of the agreement property; and\n(b) the date on which the resident is required to give up\npossession of the agreement property to the operator; and\n(c) the prescribed information, if any; and\n(d) the ground for the termination, if any.\n(2) A notice of termination given by a resident must be signed by the\nresident or, if there is more than one resident, by each of them and\nspecify:\n(a) the address of the agreement property; and\n(b) the date on which the resident must give up possession of the\nagreement property to the operator; and\n\nCaravan Parks Act 2012 68\n(c) the prescribed information, if any; and\n(d) the ground for the termination, if any.\n(3) A notice of termination that does not comply with this section is of\nno effect.\n","sortOrder":116},{"sectionNumber":"118","sectionType":"section","heading":"Notice may be withdrawn","content":"118 Notice may be withdrawn\nA notice of termination given under this Act may be withdrawn if a\nnotice about the withdrawal is signed by the person who gave the\nnotice and the person to whom the notice was given.\n","sortOrder":117},{"sectionNumber":"119","sectionType":"section","heading":"Resident to give possession if occupancy terminates","content":"119 Resident to give possession if occupancy terminates\nIf a notice of termination is given to a resident under this Act and it\nis not withdrawn or declared to be of no effect under section 97, the\nresident ceases to be entitled to possession of the agreement\nproperty on the date specified in the notice as the date on which the\noccupancy terminates.\n","sortOrder":118},{"sectionNumber":"120","sectionType":"section","heading":"Tribunal may make order for possession","content":"120 Tribunal may make order for possession\n(1) If an occupancy is terminated by a notice of termination, the\noperator may apply to the Tribunal for an order for possession of\n(2) If the Tribunal is satisfied the occupancy is terminated, the Tribunal\nmay make an order for possession of the agreement property.\n(3) The order for possession has effect on a date specified in the order\n(at least 5 business days after the date of the order), unless the\noperation of the order is suspended under section 121.\n","sortOrder":119},{"sectionNumber":"121","sectionType":"section","heading":"Tribunal may suspend order for possession","content":"121 Tribunal may suspend order for possession\n(1) If the Tribunal is satisfied the operator is entitled to an order for\npossession of the agreement property but making the order would\ncause severe hardship to the resident, the Tribunal may:\n(a) suspend the operation of the order for up to 90 days; and\n(b) extend the operation of the agreement until the operator\nobtains possession of the agreement property from the\nresident or the resident fails to pay rent within 7 days after the\nrent is due.\n\nCaravan Parks Act 2012 69\n(2) The Tribunal may only make an order under subsection (1):\n(a) if the following matters are taken into account:\n(i) whether the resident has, during the occupancy, caused\na nuisance or threatened or harassed neighbouring\nresidents or visitors within the locality of the agreement\nproperty or caused damage to the property of the\nneighbouring residents or visitors;\n(ii) incidents relating to the occupancy that have occurred\nduring the period of the agreement;\n(iii) the seriousness of the breach entitling the operator to\nthe order for possession;\n(iv) whether an unacceptable risk would be posed to\nneighbouring residents or visitors within the locality of\nthe agreement property, or the property of those\nresidents or visitors, if the order for possession was to\nbe suspended; and\n(b) if satisfied there are no circumstances that make it likely the\nresident will be unable to pay all outstanding and future rent in\nrelation to the agreement property.\n(3) In extending the operation of the caravan park agreement, the\nTribunal may make modifications to the agreement that the Tribunal\nthinks fit, other than modifications that reduce the resident's\nfinancial obligations under the agreement.\n(4) If an occupancy has been extended under this section and a\nresident fails to pay rent within 7 days after the rent is due, the\noperator may, by notice of termination, give at least 7 days notice to\nthe resident to give up possession of the agreement property.\n(5) A resident who receives the notice under subsection (4) must, on\nthe date specified in the notice of termination, give up possession of\nthe agreement property to the operator including by removing a\ncaravan placed on the caravan site other than by the operator.\n","sortOrder":120},{"sectionNumber":"122","sectionType":"section","heading":"Repossession of caravan","content":"122 Repossession of caravan\n(1) An operator must not enter agreement property for taking\npossession of the agreement property (including by removing a\ncaravan placed on the agreement property other than by the\noperator) unless:\n(a) the agreement property is abandoned or the resident\nvoluntarily gives up its possession; or\n\nCaravan Parks Act 2012 70\n(b) the operator is authorised to take possession of the\nagreement property under an order of the Tribunal.\n(b) is reckless as to whether the conduct would result in\n","sortOrder":121},{"sectionNumber":"123","sectionType":"section","heading":"Right to possession not lost by forfeiture of head occupancy","content":"123 Right to possession not lost by forfeiture of head occupancy\n(1) A person is not entitled to take possession of agreement property\nunder a caravan park agreement so as to defeat the resident's right\nto occupy the property, unless an order for possession of the\nagreement property is made by the Tribunal.\n(2) Subsection (1) applies even if the entitlement is asserted under a\ncontract for the purchase of a caravan, a mortgage or otherwise\nthan under this Act.\n(3) If a person is entitled to possession of agreement property occupied\nby a resident under a caravan park agreement, Tribunal may, on\napplication of an interested person, vest the operator's interest\nunder the agreement in the person who would, but for the\nagreement, be entitled to possession of the property so the resident\nholds the caravan directly from that person as operator.\n(4) An order may be made under subsection (3) on the terms and\nconditions the Tribunal thinks fit.\n","sortOrder":122},{"sectionNumber":"124","sectionType":"section","heading":"Abandonment of caravan provided by operator","content":"124 Abandonment of caravan provided by operator\n(1) This section applies if an operator reasonably believes that a\ncaravan provided by an operator under a caravan and park site\nagreement has been abandoned.\n(2) If rent is outstanding in relation to the caravan, the operator may\ntake possession of the caravan.\n\nCaravan Parks Act 2012 71\n(3) On application to the Tribunal by the operator under a caravan park\nagreement, the Tribunal may:\n(a) declare the caravan was abandoned on a date stated in the\ndeclaration; and\n(b) make an order that the operator may take immediate\npossession of the caravan.\n(4) If a declaration is made under subsection (3), the resident is taken\nto have abandoned the caravan on the date stated in the\ndeclaration.\nPart 11 Return of security deposit at termination of\noccupancy\n","sortOrder":123},{"sectionNumber":"125","sectionType":"section","heading":"Condition report at termination of occupancy","content":"125 Condition report at termination of occupancy\n(1) Within 3 business days after possession of agreement property is\ngiven up, an operator may fill out and sign a condition report and\ngive it to the resident.\n(2) The operator must fill out the condition report under subsection (1)\nin the resident's presence unless it is not practical to do so or the\nresident does not appear at the agreed time.\n(3) Within 3 business days after forming an opinion that a resident has\napparently abandoned agreement property, the operator may fill out\nand sign a condition report and give it to the resident by posting it to\nhis or her last known residential, business or postal address.\n(4) A condition report must:\n(a) specify the condition of the following:\n(i) if the agreement property included a caravan – the\ncaravan site to which the caravan park agreement\nrelates, the walls, floors and ceilings of the caravan and,\nif the caravan has rooms, the walls, floors and ceilings of\neach room;\n(ii) if the agreement property did not include a caravan – the\ncaravan site to which the caravan park agreement\nrelates; and\n(b) itemise, and specify the condition of, any fixture or chattel that\nis agreement property; and\n\nCaravan Parks Act 2012 72\n(c) include other prescribed information, if any.\n(5) A resident may:\n(a) accept a condition report given to the resident under\nsubsection (1) or (3) by signing the report and returning it to\nthe operator; or\n(b) if the parties are unable to agree as to the contents of the\ncondition report – refuse to accept the condition report.\n(6) If, within 7 business days after the condition report has been given\nto a resident under subsection (1) or (3), both parties have not\naccepted the report, the operator or resident may apply to the\nTribunal for a condition report about the agreement property.\n(7) On receipt of an application under subsection (6), the Tribunal may\nrequest the Commissioner to prepare a condition report.\n(8) For this Act, the operator and resident are taken to have accepted\nthe condition report prepared under subsection (7).\n","sortOrder":124},{"sectionNumber":"126","sectionType":"section","heading":"Condition report conclusive evidence of condition of","content":"126 Condition report conclusive evidence of condition of\nagreement property at termination of occupancy\nIf a condition report is accepted or is taken to have been accepted\nunder this Division by the operator and resident, the condition\nreport is (to the extent it relates to the end of the occupancy)\nconclusive evidence of the following unless the Tribunal determines\notherwise in a particular case:\n(a) the condition of the agreement property;\n(b) the condition of any agreement property mentioned in the\ncondition report at the termination of the occupancy.\n","sortOrder":125},{"sectionNumber":"127","sectionType":"section","heading":"When operator may keep security deposit","content":"127 When operator may keep security deposit\n(1) Subject to this section, a resident under a caravan park agreement\nis entitled to have the resident's security deposit paid to him or her\nat the end of the agreement.\n\nCaravan Parks Act 2012 73\n(2) Within 7 business days after a resident gives up possession of the\nagreement property or has, in the opinion of the operator,\napparently abandoned the property, the operator must pay the\nresident's security deposit to the resident, less an amount the\noperator is entitled to retain under this section.\n(4) At the end of a caravan park agreement, the operator is entitled to\nretain an amount from the resident's security deposit necessary for\nthe following (each of which is a loss):\n(a) make good damage (other than reasonable wear and tear) to\nthe agreement property that occurred during the occupancy\nand was caused by a resident or a person for whose actions a\nresident is liable under section 17;\n(b) replace any property lost or destroyed by the resident or by a\nperson for whose actions the resident is liable under\nsection 17;\n(c) clean agreement property left unreasonably dirty by the\nresident or by a person for whose actions the resident is liable\nunder section 17;\n(d) replace locks altered, removed or added by the resident\nwithout the consent of the operator;\n(e) pay outstanding rent or unpaid charges for electricity, gas or\nwater payable by the resident under Part 12;\n(f) pay an amount required to be paid under section 136;\n(g) pay an amount ordered by the Tribunal to be paid to the\noperator by the resident unless it has been paid.\n(5) The operator is not entitled to retain all or part of the resident's\nsecurity deposit for a loss mentioned in subsection (4)(a), (b) or (c)\nunless:\n(a) a condition report in relation to the agreement property was\naccepted by the resident under Part 4; and\n(b) if the resident has given up possession of the agreement\nproperty or has, in the opinion of the operator, apparently\nabandoned the property – a condition report has been given to\nthe resident under section 125.\n\nCaravan Parks Act 2012 74\n(6) Subject to section 128(2), the operator is not entitled to retain under\nsubsection (4) all or part of the resident's security deposit unless,\nwithin 7 business days after the resident gives up possession of the\nagreement property or has, in the opinion of the operator,\napparently abandoned the property, the operator has:\n(a) given written notice of his or her intention to retain so much of\nthe security deposit as is specified in the notice because of a\nloss specified in the notice; and\n(b) attached a copy of a statutory declaration attesting to the truth\nof the claim that the retention is required for the loss specified\nin the notice; and\n(c) attached a copy of a statutory declaration attesting that the\nreceipts, invoices or other documents attached to the\ndeclaration relate to:\n(i) the losses for which all or part of the resident's security\ndeposit is being retained; or\n(ii) the amount of outstanding rent owing under the\nagreement or money owing under section 136; and\n(d) for agreement property that is damaged or unreasonably\ndirty – attached copies of receipts, invoices or other\ndocuments, including orders of the Tribunal, specifying the\namount required to make good the damage or clean the\nproperty; and\n(e) returned to the resident the proportion of the resident's\nsecurity deposit not claimed by the operator or not to be\nretained under subsection (4).\n(7) If, in the opinion of the operator, the resident has abandoned the\nagreement property, the operator may continue to hold on trust for\nthe resident so much of the resident's security deposit as is\nnecessary to ensure the security deposit will be available for\npayment to the operator in accordance with section 137 as\ncompensation for:\n(a) a loss of the rent that the resident would have been liable to\npay under the agreement if he or she had not abandoned the\nagreement property; and\n(b) a loss caused to the operator in securing new residents for the\n\nCaravan Parks Act 2012 75\n(8) Subject to subsection (9), the resident's security deposit held by an\noperator under subsection (4) must be held on trust for the resident\nuntil:\n(a) the Tribunal determines the distribution of the security deposit\nunder section 137; or\n(b) if the Tribunal is satisfied that all losses mentioned in\nsubsection (4) may be calculated in relation to the occupancy\nto which the deposit relates – the Tribunal determines the\ndistribution of the security deposit on application under this Act\nby the resident.\n(9) The operator is not entitled to claim under section 137 all or part of\nan amount as a loss mentioned in subsection (4) unless:\n(a) the Tribunal receives an application to determine the\ndistribution of the resident's security deposit; or\n(b) the loss is claimed under section 137;\nas soon as practicable after the amount can be calculated and, in\nany case, within 3 months from the date on which the resident\napparently abandoned the agreement property.\n(10) If the operator ceases under subsection (9) to be entitled to claim\nall or part of an amount for a loss mentioned in subsection (4), the\nresident is entitled to as much of the resident's security deposit as\nthe operator held on trust for the resident under subsection (7) and\nsection 131 applies accordingly.\n(11) In this section:\nend of a caravan park agreement means, if there is a continuation\nof the occupancy to which the caravan park agreement relates, at\nthe end of the continuation.\nresident's security deposit means the amount of the security\ndeposit paid by the resident to the operator.\nretain includes continue to hold.\n","sortOrder":126},{"sectionNumber":"128","sectionType":"section","heading":"Tribunal may deal with dispute about security deposit","content":"128 Tribunal may deal with dispute about security deposit\n(1) A resident may apply to the Tribunal for the return of some or all of\nthe money paid as a security deposit and the return of the interest\nto which the resident is entitled under section 129:\n(a) after the resident has received a notice from the operator\nunder section 127(6); or\n\nCaravan Parks Act 2012 76\n(b) if the resident has not received notice under section 127(6)\nwithin 7 business days after the resident gave up possession\nof the agreement property or, in the opinion of the operator,\napparently abandoned the agreement property.\n(2) Despite section 127(6), the Tribunal may permit an operator to\nretain an amount of a security deposit for a loss specified in\nsection 127(4)(d), (e), (f) or (g), although the operator has not given\nthe resident a notice under section 127(6) in relation to that loss, if\nthe Tribunal is satisfied the circumstances of the failure to give the\nnotice are such that the operator ought, despite the failure, be\npermitted to retain such an amount.\n","sortOrder":127},{"sectionNumber":"129","sectionType":"section","heading":"Interest on security deposit","content":"129 Interest on security deposit\nIf interest accrues in relation to the security deposit held in an\ninterest-bearing trust account, other than an account established\nunder section 50 of the Agents Licensing Act 1979, the operator\nmust ensure that the interest is paid:\n(a) to the person specified in the caravan park agreement as the\nperson to whom the interest must be paid; or\n(b) if a caravan park agreement does not specify to whom the\ninterest must be paid – to the parties to the caravan park\nagreement who, at the end of the occupancy, are entitled\nunder this Act to receive the greater part of the amount paid\nas the security deposit.\n","sortOrder":128},{"sectionNumber":"130","sectionType":"section","heading":"Claims on behalf of co-residents","content":"130 Claims on behalf of co-residents\n(1) A resident who is authorised in writing to do so by another resident\nunder the same caravan park agreement (a co-resident) may claim\nthe co-resident's proportion of the security deposit on that\nco-resident's behalf.\n(2) An operator must return to a resident authorised by a co-resident\nunder subsection (1) the proportion of the security deposit the\nco-resident is entitled to have returned to him or her.\n","sortOrder":129},{"sectionNumber":"131","sectionType":"section","heading":"If person owed security cannot be found","content":"131 If person owed security cannot be found\n(1) If all or part of a security deposit to which a resident is entitled\nunder this Act has not been returned by the operator to the resident\nwithin 6 months after the date the occupancy is terminated, the\noperator must ensure that, within 28 days after that period expires,\nthe money is placed in the CPRT Account to be held on trust for the\n\n","sortOrder":130},{"sectionNumber":"Div 1","sectionType":"division","heading":"Rates and charges relevant to caravan park agreements","content":"Division 1 Rates and charges relevant to caravan park agreements\nCaravan Parks Act 2012 77\n(2) On application to the Tribunal by the operator or a resident under a\ncaravan park agreement in relation to a security deposit placed in\nthe CPRT Account under this section, the Tribunal may determine:\n(a) the proportion of the security deposit paid into the CPRT\nAccount to which the resident or operator is entitled; and\n(b) the person to whom interest on the security deposit is payable\nin accordance with this Act and the amount of the interest,\nwhich is to be determined as prescribed.\n(3) The Accountable Officer within the meaning of the Financial\nManagement Act 1995 of the Agency allotted the administration of\nthis Act must pay to the resident or operator the amount determined\nby the Tribunal under subsection (2).\nDivision 1 Rates and charges relevant to caravan park\nagreements\n","sortOrder":131},{"sectionNumber":"132","sectionType":"section","heading":"Payment of electricity, gas or water charges","content":"132 Payment of electricity, gas or water charges\n(1) An operator must not require a resident to pay for charges, levies,\nrates or taxes, other than a charge payable by the resident for\nelectricity, gas or water supplied to the agreement property during\nthe resident's occupancy.\n","sortOrder":132},{"sectionNumber":"133","sectionType":"section","heading":"No charge payable unless specified in caravan park agreement","content":"133 No charge payable unless specified in caravan park agreement\n(1) A resident is only required to pay the operator for a charge payable\nby the operator for electricity, gas or water supplied to the\nagreement property during the resident's occupancy (a separate\ncharge) if:\n(a) the resident is required to pay the separate charge to the\noperator under the caravan park agreement; and\n(b) the agreement property is individually metered for the service\nor facility to which the separate charge relates.\n\nCaravan Parks Act 2012 78\n(2) An operator must not request from a resident an amount for a\nseparate charge unless it is payable by the resident under\nsubsection (1) and calculated in accordance with the caravan park\n","sortOrder":133},{"sectionNumber":"134","sectionType":"section","heading":"Tribunal may determine charges payable","content":"134 Tribunal may determine charges payable\n(1) On application to the Tribunal by the operator or resident under a\ncaravan park agreement, the Tribunal may make a determination in\nrelation to a separate charge payable by the resident.\n(2) For subsection (1), the Tribunal may order:\n(a) an amount be paid by the operator to the resident; or\n(b) an amount previously paid by the resident to the operator to\nbe refunded to the resident by the operator.\n","sortOrder":134},{"sectionNumber":"135","sectionType":"section","heading":"Duty of mitigation","content":"135 Duty of mitigation\nThe rules of the law of contract about mitigation of loss or damage\non breach of a contract apply to a breach of a caravan park\n","sortOrder":135},{"sectionNumber":"136","sectionType":"section","heading":"Compensation if resident fails to give possession of","content":"136 Compensation if resident fails to give possession of\nagreement property\n(1) If a resident fails to give to the operator possession of agreement\nproperty occupied under a caravan park agreement after the\nresident is required under this Act to do so, the operator is entitled\nto receive from the resident:\n(a) compensation for any loss or expense incurred by the\noperator by the failure; and\n(b) an amount equivalent to the rent that would have been\npayable by the resident for the agreement property for the\nperiod the resident remains in possession after termination of\n\nCaravan Parks Act 2012 79\n(2) On application to the Tribunal by the operator under the agreement,\nthe Tribunal may make an order requiring a resident to pay to the\noperator the amount the Tribunal considers is payable under\nsubsection (1).\n","sortOrder":136},{"sectionNumber":"137","sectionType":"section","heading":"Compensation and civil penalties","content":"137 Compensation and civil penalties\n(1) On application of an operator or a resident under a caravan park\nagreement, the Tribunal may order compensation for a loss or\ndamage suffered by the applicant must be paid to the applicant by\nthe other party because:\n(a) the other party has failed to comply with the agreement or an\nobligation under this Act relating to the agreement; or\n(b) the applicant has paid to the other party more than the\napplicant is required to pay to that other party under this Act\nand the agreement.\n(2) Despite subsection (1), an operator or a resident may not apply\nunder that subsection for:\n(a) compensation payable under section 136; or\n(b) loss or damage suffered by reason of a breach of the\noperator's duty to repair, unless notification under\nsection 71(1) has been given.\n(3) In determining whether to order the payment of compensation to a\nparty, the Tribunal must take into account each of the following:\n(a) whether the person from whom the compensation is claimed\nhas taken all reasonable steps to comply with his or her\nobligations under this Act and the caravan park agreement,\nbeing obligations in relation to which the claim is made;\n(b) for a breach of a caravan park agreement or this Act –\nwhether the applicant has consented to the failure to comply\nwith obligations in relation to which the claim is made;\n(c) whether money has been paid to or recovered by the applicant\nby way of compensation, including any money recovered or\nentitled to be recovered from the security deposit paid under\nthe caravan park agreement;\n(d) whether a reduction or refund of rent or other allowance has\nbeen made to or by the applicant in relation to the caravan\npark agreement;\n\nCaravan Parks Act 2012 80\n(e) whether an action was taken by the applicant to mitigate the\nloss or damage;\n(f) any tender of compensation;\n(g) if the claim is made for damages to the agreement property –\nany action taken by the person from whom the compensation\nis claimed to repair the damage at his or her own expense.\n(4) If a party to a caravan park agreement is found guilty of an offence\nagainst this Act by a court, that court, another court or the Tribunal\nmay, on application of the other party to the agreement, order the\nperson that is found guilty to pay to the applicant compensation for\nany loss or damage suffered by the applicant because of the\ncommission of the offence.\n(5) The Tribunal must not make an order under subsection (1):\n(a) for the payment of compensation in relation to death, physical\ninjury, pain or suffering; or\n(b) for a failure to pay rent unless:\n(i) the rent has been unpaid for at least 3 days after it is\ndue and payable; or\n(ii) the resident has failed on at least 2 previous occasions\nto pay rent under the same agreement within 3 days\nafter that rent was due and payable.\n","sortOrder":137},{"sectionNumber":"Part 13","sectionType":"part","heading":"Further provisions relevant to caravan parks","content":"Part 13 Further provisions relevant to caravan parks\nand caravan park agreements\n","sortOrder":138},{"sectionNumber":"138","sectionType":"section","heading":"Agreements incorporate caravan park rules","content":"138 Agreements incorporate caravan park rules\n(1) The caravan park rules for a caravan park (as made or amended\nfrom time to time) are taken to constitute terms of every caravan\npark agreement relating to the park.\n(2) It is irrelevant for subsection (1) as to how a caravan park\nagreement is formed.\n(3) Despite subsection (1), caravan park rules must be consistent with\neach term of a caravan park agreement as prescribed under this\nAct.\n\nCaravan Parks Act 2012 81\n","sortOrder":139},{"sectionNumber":"139","sectionType":"section","heading":"Caravan park rules","content":"139 Caravan park rules\n(1) An operator may make rules about the use, enjoyment, control and\nmanagement of the caravan park.\n(2) An operator must not fail to have the rules on display when:\n(a) the operator and resident enter into a caravan park\n(b) the operator gives the form of a caravan park agreement to\nthe resident whether or not the operator has signed the\nMaximum penalty: 10 penalty units.\n","sortOrder":140},{"sectionNumber":"140","sectionType":"section","heading":"Amendment of caravan park rules","content":"140 Amendment of caravan park rules\n(1) An operator may amend the caravan park rules of the caravan park.\namend, in relation to caravan park rules, includes:\n(a) vary a caravan park rule; and\n(b) add a new rule to the caravan park rules; and\n(c) revoke an existing caravan park rule.\n","sortOrder":141},{"sectionNumber":"141","sectionType":"section","heading":"Application if park rules are considered unreasonable","content":"141 Application if park rules are considered unreasonable\n(1) A person who is or was a resident of a caravan park may apply to\nthe Commissioner for a declaration under this section about a\ncaravan park rule.\n(2) The Commissioner must consider the application in a way the\nCommissioner considers appropriate.\n(3) After considering the application, the Commissioner may make:\n(a) an order declaring a caravan park rule is or was reasonable;\nor\n(b) an order declaring a caravan park rule is or was\nunreasonable; or\n\nCaravan Parks Act 2012 82\n(c) an order declaring a caravan park rule is or was unreasonable\nand an order to change the rule in a way the Commissioner\nconsiders appropriate to make it reasonable.\n(4) A caravan park rule is or was invalid if the Commissioner makes an\norder declaring the rule to be or to have been unreasonable.\n","sortOrder":142},{"sectionNumber":"Div 2","sectionType":"division","heading":"Obligations of operators","content":"Division 2 Obligations of operators\n","sortOrder":143},{"sectionNumber":"142","sectionType":"section","heading":"Enforcing caravan park rules","content":"142 Enforcing caravan park rules\nIt is a term of each caravan park agreement that the operator must:\n(a) take all reasonable steps to ensure the caravan park rules are\nobserved by all residents and other persons occupying\nagreement property; and\n(b) ensure the caravan park rules are reasonable and are\nenforced and interpreted consistently and fairly.\n","sortOrder":144},{"sectionNumber":"143","sectionType":"section","heading":"Access to caravan park","content":"143 Access to caravan park\nIt is a term of each caravan park agreement that the operator must\nprovide each resident with:\n(a) 24 hour vehicular access to the caravan site occupied by the\nresident; and\n(b) 24 hour access to the agreement property and the toilet and\nbathroom facilities in the common areas within designated\nareas of the park; and\n(c) access, during all reasonable hours, to the facilities in the\ncommon areas other than those mentioned in paragraph (b).\n","sortOrder":145},{"sectionNumber":"144","sectionType":"section","heading":"Changing caravan or caravan site within caravan park","content":"144 Changing caravan or caravan site within caravan park\n(1) This section applies if an operator is reasonably satisfied it is\nnecessary to relocate a resident from a caravan site or caravan\nwithin the caravan park to another caravan site or caravan within\nthe park:\n(a) to allow work to be carried out in the park; or\n(b) because of an emergency; or\n(c) for health or safety reasons; or\n\nCaravan Parks Act 2012 83\n(d) for the efficient management of the caravan park; or\n(e) for another reason under a law in force in the Territory.\n(2) The operator must give the resident written notice about the\ndecision for the relocation including the following:\n(a) the reasons for the relocation;\n(b) the date proposed for the relocation to take place;\n(c) the operator is responsible for the cost of the relocation unless\nthe caravan park agreement provides otherwise;\n(d) the caravan park agreement is to be amended to include the\ndetails of the relocation or, at the election of the resident, may\nbe terminated on or before the date proposed for the\nrelocation;\n(e) what the resident may do if he or she does not wish to be\nrelocated as stated in the notice, including the time by which\nthe resident must act.\n(3) The operator must give the notice to the resident within a\nreasonable period before the date proposed for the relocation\nhaving regard to the reason for giving the notice.\nExamples of a reasonable period\nIf there is a health and safety reason, 24 hours may be reasonable. But if the\nreason is carrying out programmed maintenance, 30 days may be reasonable.\n","sortOrder":146},{"sectionNumber":"145","sectionType":"section","heading":"Options after giving notice about relocation","content":"145 Options after giving notice about relocation\n(1) This section applies if an operator has given a resident a notice\nunder section 144.\n(2) The operator and resident may enter into an agreement (a\nrelocation agreement) about the relocation including, for example,\nthe proposed date for the relocation, how the relocation is to be\nundertaken and the type of caravan to be made available.\n(3) If the resident wishes to terminate the caravan park agreement, the\nresident may give the operator written notice (a relocation\ntermination notice) terminating the agreement on or before the\ndate proposed for the relocation.\n(4) If a relocation agreement is not entered into, or a relocation\ntermination notice is not given, within the period of 30 days after the\nnotice under section 144 is given, the operator may apply to the\nCommissioner for an order about the relocation.\n\nCaravan Parks Act 2012 84\n(5) The Commissioner must consider the application in a way the\nCommissioner considers appropriate.\n(6) After considering the application, the Commissioner may:\n(a) if the Commissioner considers there was sufficient grounds for\nthe operator to be satisfied it was necessary to relocate the\nresident from a caravan site or caravan in the caravan park to\nanother caravan site or caravan in the park – make an order\ndeclaring the resident must relocate, the date for relocation\nand the place to which the resident must relocate; or\n(b) otherwise – make an order declaring the resident need not\nrelocate to another caravan site or caravan in the caravan\npark.\n","sortOrder":147},{"sectionNumber":"146","sectionType":"section","heading":"Sale of caravan on caravan site","content":"146 Sale of caravan on caravan site\n(1) It is a term of each caravan park site agreement that, if the resident\nintends to offer the caravan for sale, the resident must inform the\noperator about that intention before the resident displays a sign in\nor on the caravan or caravan site about the sale.\n(2) An operator must not do either of the following if the resident acts in\naccordance with a term of the caravan park agreement as\nmentioned in subsection (1):\n(a) hinder the sale of the resident's caravan;\n(b) prevent the display of a \"for sale\" sign in or on a caravan or\ncaravan site for the purpose of selling the caravan.\nMaximum penalty: 50 penalty units.\n(4) Without limiting subsection (2), an operator is taken to hinder the\nsale of a caravan if the operator stops potential buyers from\ninspecting the caravan.\n(5) An operator does not contravene subsection (2) in relation to the\nproposed sale of a caravan placed on a caravan site if:\n(a) the operator imposes conditions relating to potential buyers\nentering or remaining in the caravan park that are reasonable\nin the circumstances; or\n\nCaravan Parks Act 2012 85\n(b) the operator has reasonably refused to consent to a proposed\nassignment of the resident's interest in the caravan park site\nagreement relating to the caravan site.\n(6) If the caravan is sold, the new owner must remove the caravan\nfrom the caravan site within 5 days after the sale or within such\nfurther time as agreed by the operator unless:\n(a) the right to occupy the caravan site has been assigned under\nsection 91(1); or\n(b) the operator has entered into a caravan park agreement with\nthe new owner.\n(7) The Regulations may prescribe the maximum size for a \"for sale\"\nsign.\n","sortOrder":148},{"sectionNumber":"Part 15","sectionType":"part","heading":"Tribunal","content":"Part 15 Tribunal\n","sortOrder":149},{"sectionNumber":"174","sectionType":"section","heading":"Jurisdiction","content":"174 Jurisdiction\nA person affected by an order of the Commissioner made under the\nfollowing sections may apply to the Tribunal for a review of the\ndecision:\n(a) section 141;\n(b) section 145.\n","sortOrder":150},{"sectionNumber":"178","sectionType":"section","heading":"Meaning of long term occupant","content":"178 Meaning of long term occupant\n(1) A person is a long term occupant if the person is a party to an\narrangement under which he or she has resided in a caravan park\nfor more than 5 years.\n(2) Subsection (1) applies even if the person is or was absent from the\ncaravan park (including, for example, by taking a holiday or break)\nas long as the person pays or paid rent for the period of the\nabsence.\n(3) Also subsection (1) applies whether or not:\n(a) the person has resided in the caravan park under an\narrangement started before, on or after 1 May 2012; and\n\nCaravan Parks Act 2012 86\n(b) the arrangement is a caravan park agreement, an excluded\nagreement or otherwise; and\n(c) the operator of the caravan park was the operator at the time\nthe arrangement started; and\n(d) the arrangement (whether written or not, including a caravan\npark agreement or an excluded agreement) provides\notherwise.\n(4) The day a person becomes a long term occupant is the change\ndate in relation to the long term occupant and, for some long term\noccupants, the change date may be 1 May 2012.\n","sortOrder":151},{"sectionNumber":"179","sectionType":"section","heading":"Application of Act if long term occupant not resident","content":"179 Application of Act if long term occupant not resident\n(1) If, before the change date for a long term occupant, the person was\nnot a resident, Parts 10, 14, 15 and 17 apply to the person when he\nor she becomes a long term occupant as if:\n(a) the long term occupant were a resident; and\n(b) the arrangement or excluded agreement were a caravan park\nagreement that is:\n(i) if the long term occupant's rights at the change date\nwere a right to occupy a caravan and caravan site – a\ncaravan and park site agreement; or\n(ii) if the long term occupant's right at the change date were\na right to occupy a caravan site – a caravan park site\nagreement; and\n(c) the right of occupancy is a periodic occupancy; and\n(d) the property as occupied by the long term occupant at the\nchange date for the occupant is the agreement property.\n(2) Subsection (1) is subject to section 179 or regulations about long\nterm occupancies.\n(3) This section applies despite anything to the contrary in section 10.\n","sortOrder":152},{"sectionNumber":"180","sectionType":"section","heading":"Application of particular provisions","content":"180 Application of particular provisions\n(1) In a notice of termination under section 102(1) to a long term\noccupant, the day specified as the particular day for the termination\nto take effect must be at least 3 months after the date the notice is\ngiven to the long term occupant.\n\nCaravan Parks Act 2012 87\n(2) In a notice of termination under section 103(1) to a long term\noccupant, the day specified as the particular day for the termination\nto take effect must be at least 42 days after the date the notice is\ngiven to the long term occupant.\n","sortOrder":153},{"sectionNumber":"181","sectionType":"section","heading":"Notice to one resident or operator sufficient","content":"181 Notice to one resident or operator sufficient\n(1) If 2 or more persons are the operators under a caravan park\nagreement, a notice or other document is duly given if given to any\none of the operators.\n(2) If 2 or more persons are the residents under a caravan park\nagreement, a notice or other document is duly given if given to any\none of the residents.\n","sortOrder":154},{"sectionNumber":"182","sectionType":"section","heading":"Right to be notified of change of operator's name or address","content":"182 Right to be notified of change of operator's name or address\n(1) If a name or address that an operator is required, under section 25,\nto specify in a caravan park agreement changes, the operator must\nensure the resident is notified in writing of the change and the new\nname or address within 14 days after the change.\n(2) Within 14 days after a person succeeds another as the operator\nunder a caravan park agreement, the new operator must ensure the\nresident is notified in writing of the full name and address for\nservice of:\n(a) the new operator or, if an agent has been engaged to act on\nbehalf of the new operator of the caravan park, the full name\nand address of the agent; and\n(b) any person with superior title to the new operator.\n\nCaravan Parks Act 2012 88\n","sortOrder":155},{"sectionNumber":"183","sectionType":"section","heading":"Notice or payment to operator's agent sufficient","content":"183 Notice or payment to operator's agent sufficient\nIf under this Act a resident is required to give notice or a document\nto an operator or to pay money to an operator, it is sufficient if the\nresident:\n(a) gives notice or the document to, or pays the money to, an\nagent of the operator; or\n(b) if the resident has no notice of a new operator – gives notice\nor the document to, or pays the money to, the last-known\nDivision 2 Regulations\n","sortOrder":156},{"sectionNumber":"184","sectionType":"section","heading":"Regulations","content":"184 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) Without limiting the generality of subsection (1), the Regulations\nmay:\n(a) prescribe provisions of this Act that do not apply to a specified\nclass of caravan park agreements; and\n(b) modify specified provisions of this Act in their application to a\nspecified class of caravan park agreements; and\n(c) prescribe terms that are to be implied, or expressly included,\nin caravan park agreements or a class of caravan park\nagreements; and\n(d) provide for how Parts 10, 14 and 15 and this Part apply to a\nlong term occupant.\n(3) Also, the Regulations may provide for the way in which an operator\nmay dispose of a caravan that is abandoned in the caravan park,\nwhether under a caravan park agreement.\n","sortOrder":157},{"sectionNumber":"185","sectionType":"section","heading":"Application to certain agreements at commencement","content":"185 Application to certain agreements at commencement\n(1) This section applies to an immovable dwelling located in a caravan\npark that is subject to an agreement for its lease at the\ncommencement of this section.\n\nCaravan Parks Act 2012 89\n(2) This Act does not apply to the immovable dwelling until the\nagreement ends after the commencement.\nDivision 2 Northern Territory Civil and Administrative\nTribunal (Conferral of Jurisdiction Amendments)\n(No. 2) Act 2014\n","sortOrder":158},{"sectionNumber":"187","sectionType":"section","heading":"Definitions","content":"187 Definitions\nIn this Division:\nappeal period means the period within which a person is entitled to\nappeal against the decision made by the Commissioner.\ncommencement means the commencement of Part 4 the Northern\nTerritory Civil and Administrative Tribunal (Conferral of Jurisdiction\nAmendments) (No. 2) Act 2014.\ndecision includes an order and a determination.\nformer Act means this Act as in force immediately before the\ncommencement.\nnew legislation means the following as in force after the\ncommencement:\n(a) this Act;\n(b) the Northern Territory Civil and Administrative Tribunal\nAct 2014.\n","sortOrder":159},{"sectionNumber":"188","sectionType":"section","heading":"Appeal against Commissioner's decision made before","content":"188 Appeal against Commissioner's decision made before\ncommencement\n(a) before the commencement, the Commissioner had made a\ndecision under this Act; and\n(b) one of the following circumstances applies:\n(i) immediately before the commencement, the appeal\nperiod for the decision had not expired and no\nproceeding for an appeal had been started;\n(ii) before the commencement, a proceeding for an appeal\nhad been started but not decided.\n\nCaravan Parks Act 2012 90\n(2) If the circumstance mentioned in subsection (1)(b)(i) applies, the\nformer legislation continues to apply in relation to the entitlement of\na person to appeal against the decision within the appeal period.\n(3) The former Act continues to apply in relation to the functions and\npowers of the Local Court in conducting and deciding a proceeding\nfor the appeal regardless of whether the proceeding:\n(a) was being conducted before the commencement; or\n(b) is started after the commencement within the review period.\n","sortOrder":160},{"sectionNumber":"189","sectionType":"section","heading":"Appeal against court's decision made before commencement","content":"189 Appeal against court's decision made before commencement\n(1) This section applies if, before the commencement, the Local Court\nhad made a decision under the Act and the appeal period had not\nexpired.\n(2) The former Act continues to apply in relation to the right of the\nperson to appeal against the decision.\n","sortOrder":161},{"sectionNumber":"190","sectionType":"section","heading":"Commissioner's decision made after commencement","content":"190 Commissioner's decision made after commencement\n(a) a person had made an application to the Commissioner under\nsection 141 or 145 before the commencement; and\n(b) the Commissioner decides the application after the\ncommencement.\n(2) The new legislation applies in relation to:\n(a) giving notice of the decision; and\n(b) a person's entitlement to apply for a review of the decision.\n","sortOrder":162},{"sectionNumber":"191","sectionType":"section","heading":"Commissioner's or Local Court's decision made after","content":"191 Commissioner's or Local Court's decision made after\ncommencement\n(a) a person had made an application to the Commissioner or the\nLocal Court before the commencement (other than an\napplication to the Commissioner under section 141 or 145);\nand\n(b) the Commissioner or the Local Court decides the application\nafter the commencement.\n\nCaravan Parks Act 2012 91\n(2) The Commissioner or the Local Court must continue to deal with\nthe application in accordance with the former Act.\n","sortOrder":163},{"sectionNumber":"192","sectionType":"section","heading":"Appeals before Local Court","content":"192 Appeals before Local Court\n(1) This section applies if, before the commencement:\n(a) a person had made an application to the Local Court\nappealing against the Commissioner's decision; and\n(b) the Local Court had not decided the matter.\n(2) The Local Court must continue to deal with the matter in\naccordance with the former Act.\n\nCaravan Parks Act 2012 92\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n","sortOrder":164},{"sectionNumber":"2","sectionType":"section","heading":"LIST OF LEGISLATION","content":"2 LIST OF LEGISLATION\nCaravan Parks Act 2012 (Act No. 1, 2012)\nAssent date 21 March 2012\nCommenced ss 21 and 22: 21 March 2012; rem: 1 May 2012 (s 2)\nNorthern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction\nAmendments) (No. 2) Act 2014 (Act No. 35, 2014)\nAssent date 13 November 2014\nCommenced pts 4, 9, 10 and 19: 1 June 2015 (Gaz S53, 29 May 2015,\np 2); rem: 1 January 2015 (Gaz G51, 24 December 2014, p 7)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 4, 17, 20, 21, 22, 24, 40,\n43, 48, 59, 82, 100, 129, 131 and 187.\n4 LIST OF AMENDMENTS\ns 4 amd No. 35, 2014, s 23\ns 12 amd No. 35, 2014, s 31\ns 18 amd No. 35, 2014, s 31\ns 27 amd No. 35, 2014, s 31\ns 30 amd No. 35, 2014, s 31\ns 36 amd No. 35, 2014, s 24\ns 37 amd No. 35, 2014, s 31\ns 44 amd No. 35, 2014, s 31\ns 52 amd No. 35, 2014, s 31\ns 53 amd No. 35, 2014, s 25\ns 54 amd No. 35, 2014, s 31\ns 56 amd No. 35, 2014, s 31\ns 64 amd No. 35, 2014, s 31\n\nCaravan Parks Act 2012 93\ns 74 amd No. 35, 2014, s 31\ns 76 amd No. 35, 2014, s 31\ns 90 amd No. 35, 2014, s 31\ns 95 amd No. 35, 2014, s 31\ns 97 amd No. 35, 2014, s 31\nss 108 – 110 amd No. 35, 2014, s 31\npt 10\ndiv 5 hdg amd No. 35, 2014, s 31\nss 111 – 116 amd No. 35, 2014, s 31\nss 120 – 124 amd No. 35, 2014, s 31\ns 125 amd No. 35, 2014, s 26\nss 126 – 128 amd No. 35, 2014, s 31\ns 131 amd No. 35, 2014, s 31\ns 134 amd No. 35, 2014, s 31\nss 136 – 137 amd No. 35, 2014, s 31\npt 14 hdg rep No. 35, 2014, s 27\ndiv 1 hdg rep No. 35, 2014, s 27\nss 147 – 154 rep No. 35, 2014, s 27\ndiv 2 hdg rep No. 35, 2014, s 27\nss 155 – 159 rep No. 35, 2014, s 27\ndiv 3 hdg rep No. 35, 2014, s 27\nss 160 – 163 rep No. 35, 2014, s 27\ndiv 4 hdg rep No. 35, 2014, s 27\nss 164 – 167 rep No. 35, 2014, s 27\ndiv 5 hdg rep No. 35, 2014, s 27\nss 168 – 173 rep No. 35, 2014, s 27\npt 15 hdg sub No. 35, 2014, s 27\ns 174 sub No. 35, 2014, s 27\nss 175 – 177 rep No. 35, 2014, s 27\npt 18 hdg amd No. 35, 2014, s 28\ndiv 1 hdg amd No. 35, 2014, s 29\ns 186 exp No. 1, 2012, s 186(5)\ndiv 2 hdg rep No. 35, 2014, s 30\nss 187 – 189 sub No. 35, 2014, s 30\ndiv 3 hdg rep No. 35, 2014, s 30\nss 190 – 192 sub No. 35, 2014, s 30\ndiv 4 hdg rep No. 35, 2014, s 30\nss 193 – 194 sub No. 35, 2014, s 30","sortOrder":165}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act remains focused on regulating caravan parks and the relationship between operators and residents (the objectives in s3). Amendments reflected in the reprint (notably the 2014 conferral of Tribunal jurisdiction and consequential changes) altered dispute‑resolution and procedural mechanics, and removed or reworked some Parts, but did not materially broaden the subject matter beyond the Act’s original purpose of setting minimum terms, protections and enforcement for caravan park occupancies. In short, the scope has been refined (procedures, jurisdiction, and protections for long‑term occupants) rather than grown significantly beyond its original regulatory purpose."},"complexity_factors":["Length: comprehensive statute spanning 18 Parts with many subject areas (agreement formality, bonds, rent, repairs, termination, Tribunal jurisdiction, long term occupants, transitional provisions).","Defined terms and interpretation: dozens of defined terms in section 4 and defined concepts scattered through the Act (e.g. caravan, agreement property, bond, occupant types, emergency repairs) leading to frequent cross‑references (see s4, s5, s6, s73).","Conditional application and exceptions: multiple carve‑outs and conditional rules (prescribed period 12 months; excluded agreements at s10; holiday/tourist exceptions s10(3); Ministerial exemptions s13; regulation‑made modifications s184).","Cross‑references between Parts: Parts 2–17 interlock (e.g. condition reports in Part 4 affect bond retention in Part 11; Tribunal procedures in Part 15 affect termination in Part 10).","Multiple tiers of decision‑makers and delegations: Commissioner duties and powers (Part 2), Tribunal jurisdiction (Part 15), Ministerial exemptions and regulation‑making powers (s13, s184), and delegated administrative powers (s19).","Complex offence architecture: many offences with differing fault elements (intent/recklessness vs strict liability) and varied maximum penalties (ranging up to 100 penalty units), requiring careful legal analysis in enforcement (see numerous offence provisions, e.g. ss 28, 32, 40, 46, 79).","Detailed procedural timeframes and notice rules: precise timing for condition reports, receipts, notices of termination, repair timeframes and Tribunal application windows (e.g. s34, s35, s47, ss108–110, ss125–128).","Special regimes and funds: creation and operation of the Caravan Park Residents Trust Account (ss21–22) with ministerial direction for funding and Tribunal role in distributing unclaimed deposits (s131) adds administrative complexity.","Long‑term occupant sub‑scheme: Part 16 overlays additional rules for occupants of more than 5 years, with change‑date mechanics and modified notice periods, adding an extra layer of conditional application (ss178–180).","Transitional and amendment complexity: amendments and transitional provisions (Division 2 of Part 18) that preserve appeals and local court proceedings for matters started before tribunal changes add procedural complexity (ss187–192)."],"plain_english_summary":"**What this law does, in plain English**\n\n- Establishes a legal framework for how caravan parks are run and how people who live in caravans or on caravan sites (\"residents\") and the people who run the parks (\"operators\") must treat one another. (See the Act's objectives at section 3.)\n\n- Creates mandatory minimum rules that become terms of every long-term caravan park agreement (for occupancies of 12 months or more unless the agreement is an \"excluded agreement\") — for example, requirements about written agreements, condition reports, bonds (security deposits), rent, repairs, park rules, entry by the operator, termination and dispute resolution. (Key provisions: sections 6, 10, 25–27, Parts 4–13.)\n\n- Sets out a regulator and enforcement path: the Commissioner of Tenancies administers, investigates and publishes guidance, and the Civil and Administrative Tribunal (Tribunal) decides disputes and makes enforcement orders. (See Parts 2 and 15, especially sections 18 and 174.)\n\n- Provides procedural protections for residents and limits on operators: operators must give written agreements containing specified information (name, address for service, identification of caravan/site, rent, prescribed statutory terms) and must keep records and receipts (sections 25, 46–47). Condition reports, made at move‑in and move‑out, govern disputes about condition and bond retention (Parts 4 and 11). Bonds are capped (generally no more than 4 weeks' rent) and must be held on trust or in specified accounts (section 40 and 127). Rent increases and charges are regulated (sections 51, 52, 132–134). Termination of occupancy is controlled by specific grounds, notice periods and Tribunal review (Parts 10 and 15). Operators face criminal penalties for certain conduct (for example, improperly requiring extra payments, unlawful entry, or wrongful repossession) including stiff maximum fines in some cases (see the many offence provisions and their penalty units throughout the Act).\n\n- Grants specific rights and duties to both sides on repairs, maintenance and access: operators must keep sites and provided caravans habitable and safe and respond to repair notices (sections 58–61, 70). Residents must notify faults, keep the site reasonably clean, and may (in limited circumstances) arrange and claim reimbursement for ‘permitted repairs’ if the operator fails to act (sections 71–76).\n\n- Protects particular categories: the Act treats \"long term occupants\" (people who have lived in a park more than 5 years) as having additional notice protections and certain rights (Part 16); it also excludes short-term holiday/tourist occupancies and other limited categories from Parts 2–15 unless the parties opt in (section 10).\n\n- Creates a small trust account (Caravan Park Residents Trust Account — CPRT Account) to fund enforcement, education and resident services; the Minister may direct payments from the Agents Licensing Fidelity Guarantee Fund into it (sections 21–22).\n\n**Who it affects**\n\n- Operators of caravan parks (owners, managers, agents and successors) — the Act prescribes what they must include in agreements, how they must manage the park, what charges they can levy, how they can enter sites, when they may terminate, and the record‑keeping, trust and penalty obligations they carry (see Parts 3, 6–9, 10–13).\n\n- Residents (including prospective and former residents) and long‑term occupants — the Act gives them rights to written agreements, condition reports, limits on bonds/charges, repair remedies, regulated notice periods and access to the Tribunal for disputes (Parts 4, 5, 6, 10, 11, 15, 16).\n\n- Repairers, industry associations and consumer bodies — the CPRT Account can be used to fund their involvement in education or legislative change (section 21(3)(d)).\n\n**Why it matters (mechanically and practically)**\n\n- It standardises contractual minimums so that written agreements must contain specified information and implied statutory terms (reduces information asymmetry). (Sections 25–26, 27.)\n\n- It limits upfront financial exposure for residents (bond capped at 4 weeks' rent) and constrains operators’ ability to require extra payments or accelerated rent/penalty clauses. That shifts some financial risk and reduces a source of concentrated upfront revenue for operators. (Sections 40, 32, 55.)\n\n- It gives residents documented move‑in and move‑out protection through condition reports that are treated as conclusive evidence unless the Tribunal says otherwise — which materially affects who bears the evidentiary burden in bond disputes. (Parts 4 and 11; notably sections 34–38 and 125–126.)\n\n- It creates a relatively low‑cost dispute pathway (Tribunal jurisdiction) and an administrative enforcement role (Commissioner). That channels many disputes out of ordinary courts into a specialist forum, changing litigation incentives and the likely speed and cost of resolution. (Sections 18, 174.)\n\n- It restricts operator behaviour around termination, entry and repossession — operators must follow statutory notice requirements and can be penalised for unlawful repossession or harassment. This raises the compliance cost of park management and shifts some decision‑making away from unilateral operator discretion. (Parts 8 and 10, e.g. sections 81–86, 119–123, 99–104.)\n\n**Policy aims claimed by the Act (and how they trade off against costs/incentives)**\n\n- Claimed aim: balance rights and duties and provide security of tenure for residents (s3). Mechanically, this is achieved by implied terms, limited bond size, regulated rent increases, and formal termination pathways. Trade‑offs: greater procedural protections and caps on certain charges reduce operators’ contractual flexibility and increase compliance costs (record‑keeping, condition reports, Tribunal applications). These costs are borne primarily by operators; residents gain clearer protections and dispute rights (see ss 25, 40, 51, 52, Parts 4, 10, 11). Implementation risks include reliance on the Commissioner and Tribunal capacity to resolve disputes promptly.\n\n- Claimed aim: facilitate fair rent for habitable accommodation (s3(1)(e)). Mechanically, rent is regulated by required notice for increases (s51), a Tribunal power to declare rent excessive (s52) and restrictions on advance payments and penalty clauses (ss 49, 55). Trade‑offs: operators lose some pricing flexibility — the Tribunal can impose limits — and may need to invest more in documentation and valuation support (Tribunal can request Commissioner to fund valuations, s53). This could raise operating costs and, in some parks, lead to upward adjustments in other fees or reduced investment in amenities.\n\n**Who pays, who decides, and what changes in behaviour are likely**\n\n- Who pays: operators bear the compliance costs (maintenance, record‑keeping, trust account administration, potential Tribunal‑ordered compensation, and, where the Minister directs, contributions to the CPRT Account via the Agents Licensing Fund mechanism). Residents pay rent and security deposits within statutory caps and may bear some costs if they perform permitted repairs and comply with notification rules. (See ss 21–22, 40, 46–47, 70–76, 127.)\n\n- Who decides: the operator makes day‑to‑day management decisions but must act within statutory constraints; the Commissioner provides oversight, guidance and some administrative orders; the Tribunal resolves disputes and may modify or terminate agreements. The Minister can make exemptions or modifications for classes of agreements (s13) and regulation can alter application to classes of agreements (s184). Those delegated powers concentrate significant discretion in the executive and the Tribunal.\n\n- Behaviour changes likely: operators will document more, use standard forms, limit up‑front charges, maintain records and follow prescribed entry and termination procedures; residents will be encouraged to use condition reports, notify repair needs in writing and use the Tribunal for disputes. Markets that depend on short‑term holiday lets are carved out (s10(3)), so the Act’s rules target longer‑term occupancies.\n\n**Notable implementation, enforcement and capture risks**\n\n- Reliance on condition reports and on the Tribunal’s capacity means timeliness and quality of evidence management matter (Parts 4 and 11). Poor resourcing could delay dispute resolution and increase costs for both parties.\n\n- Ministerial power to exempt or modify the Act for classes of agreements (s13) and regulations that can tailor application to classes of agreements (s184) creates a route for industry‑specific modifications; those powers require public consultation (s13(3)), but they remain a point where concentrated interests could lobby for bespoke rules.\n\n- The CPRT Account is funded by Ministerial direction from the Agents Licensing Fidelity Fund (s22), so fund flows depend on political/administrative choices rather than a dedicated levy on caravan park operators.\n\n**Practical points to watch (section pointers included)**\n\n- Exclusions: short‑term holiday accommodation and stays under 12 months are largely outside Parts 2–15 unless the parties opt in (s10). Check whether a particular agreement is an \"excluded agreement\" (s10 and s11).\n- Bond handling: cap and trust requirements (s40) and detailed notice and evidence rules for retention (s127).\n- Repairs: resident must notify in writing and follow timeframes before permitted repairs or Tribunal emergency orders apply (ss 71–76).\n- Termination: specific grounds, required notices and Tribunal review paths (Part 10 and Part 15).\n\nOverall, the Act turns many common expectations about park management into enforceable statutory terms, reduces some operator freedoms (notably on charges and terminations), strengthens resident protections (condition reports, capped bonds, repair pathways), and channels disputes to a specialist enforcement and tribunal system (Commissioner and Tribunal)."},"issue_detection":{"absurdities":[{"type":"other","section":"35(3)(c), 36(1)–(3)","severity":"medium","reasoning":"Section 35(3)(c) says the operator may 'make an application to the Commissioner under section 36'. Section 36(2) instead permits the operator or resident to 'apply to the Tribunal'; under section 36(3), the Tribunal may then request a report from the Commissioner. Section 36 supplies no application to the Commissioner.","confidence":0.99,"description":"Section 35(3)(c) directs an application to the Commissioner under section 36, but section 36 provides for an application to the Tribunal.","source_quotes":["make an application to the Commissioner under section 36.","The operator or the resident may, within 5 business days after the operator receives the condition report as changed by the resident, apply to the Tribunal for a condition report about the agreement property.","the Tribunal may request the Commissioner to prepare a condition report about the agreement property."]}],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":1051},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a comprehensive residential tenancies regime specifically tailored for caravan parks. The 2014 amendments (reflected in this 2015 version) were procedural — transferring jurisdiction from the Local Court to the Civil and Administrative Tribunal — rather than expanding the Act's substantive coverage. The long-term occupant provisions (Part 16) were part of the original 2012 Act design."},"complexity_factors":["192 sections across 18 Parts with multiple Divisions, creating a dense structural hierarchy","47 defined terms in section 4, including nested definitions (e.g., 'agreement property' depends on agreement type)","Extensive cross-referencing between Parts — for example, termination provisions in Part 10 reference condition reports in Part 4 and security deposits in Part 11","Multiple conditional exceptions: the Act applies differently based on length of stay (12+ months), whether the park is 'holiday/tourist' accommodation, age of parties (16-17 year olds), and long-term occupancy status (5+ years)","Complex machinery for condition reports with strict timeframes (3-5-7 business day windows) and deemed acceptance rules (ss.34-38)","Dual pathways for dispute resolution — Commissioner for initial matters, Tribunal for reviews and most orders, with transitional provisions for appeals that started under old procedures (Part 18, Division 2)","Vicarious liability provisions where residents can be held responsible for conduct of visitors (s.17), with domestic violence exception","Detailed bond handling requirements including trust account rules, interest calculations, and statutory declaration requirements for retention (ss.40-44, 127-131)"],"plain_english_summary":"This Northern Territory law is the primary framework regulating caravan parks and agreements between park operators and residents. It sets upfront written-agreement rules, condition reports, bond limits, rent and entry protections, repair and quiet-enjoyment duties, and strict termination rules to protect long-term occupants.\n\nEnforcement is through the Commissioner of Tenancies and the Civil and Administrative Tribunal. It mainly covers long-term residents (12+ months) with extra protections for occupants of 5+ years, excluding holiday or emergency accommodation."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/caravan-parks-act-2012","history":"/api/acts/caravan-parks-act-2012/history","analysis":"/api/acts/caravan-parks-act-2012/analysis","conflicts":"/api/acts/caravan-parks-act-2012/conflicts","importantCases":"/api/acts/caravan-parks-act-2012/important-cases","documents":"/api/acts/caravan-parks-act-2012/documents"}}