{"id":"qld:act-2003-074","name":"Manufactured Homes (Residential Parks) Act 2003","slug":"manufactured-homes-residential-parks-act-2003","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"74 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":62163,"registerId":"qld-act-2003-074-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Manufactured Homes (Residential Parks) Act 2003 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Act binds all persons","content":"### sec.3 Act binds all persons\n\nThis Act binds all persons, including the State.\nHowever, nothing in this Act makes the State liable to be prosecuted for an offence.\n(sec.3-ssec.1) This Act binds all persons, including the State.\n(sec.3-ssec.2) However, nothing in this Act makes the State liable to be prosecuted for an offence.","sortOrder":4},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Objects of Act and relationship with FTI Act","content":"## Objects of Act and relationship with FTI Act","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Objects of Act","content":"### sec.4 Objects of Act\n\nThe main object of this Act is to regulate, and promote fair trading practices in, the operation of residential parks—\nto protect home owners from unfair business practices; and\nto enable home owners, and prospective home owners, to make informed choices by being fully aware of their rights and responsibilities in their relationship with park owners.\nThe main object is achieved by—\ndeclaring particular rights and obligations of the park owner, and home owners, for a residential park; and\nfacilitating the disclosure of information about a residential park, and this Act, to a prospective home owner for a site; and\nregulating—\nthe making, content, assignment and ending of a site agreement; and\nthe sale of an abandoned manufactured home positioned on a site in a residential park; and\nthe variation of site rent; and\nfacilitating participation by home owners for a residential park in the affairs, maintenance and operation of the park; and\nproviding ways of resolving a residential park dispute; and\nprotecting home owners from unfair or excessive increases in site rent; and\npreserving the safety and security of tenure of home owners.\nThe following are also important objects of this Act—\nencouraging the continued growth and viability of the residential park industry in the State;\nproviding a clear regulatory framework to ensure certainty for the residential park industry in planning for future expansion.\ns 4 amd 2010 No. 46 s 4 ; 2017 No. 42 s 9 ; 2024 No. 28 s 4\n(sec.4-ssec.1) The main object of this Act is to regulate, and promote fair trading practices in, the operation of residential parks— to protect home owners from unfair business practices; and to enable home owners, and prospective home owners, to make informed choices by being fully aware of their rights and responsibilities in their relationship with park owners.\n(sec.4-ssec.2) The main object is achieved by— declaring particular rights and obligations of the park owner, and home owners, for a residential park; and facilitating the disclosure of information about a residential park, and this Act, to a prospective home owner for a site; and regulating— the making, content, assignment and ending of a site agreement; and the sale of an abandoned manufactured home positioned on a site in a residential park; and the variation of site rent; and facilitating participation by home owners for a residential park in the affairs, maintenance and operation of the park; and providing ways of resolving a residential park dispute; and protecting home owners from unfair or excessive increases in site rent; and preserving the safety and security of tenure of home owners.\n(sec.4-ssec.3) The following are also important objects of this Act— encouraging the continued growth and viability of the residential park industry in the State; providing a clear regulatory framework to ensure certainty for the residential park industry in planning for future expansion.\n- (a) to protect home owners from unfair business practices; and\n- (b) to enable home owners, and prospective home owners, to make informed choices by being fully aware of their rights and responsibilities in their relationship with park owners.\n- (a) declaring particular rights and obligations of the park owner, and home owners, for a residential park; and\n- (b) facilitating the disclosure of information about a residential park, and this Act, to a prospective home owner for a site; and\n- (c) regulating— (i) the making, content, assignment and ending of a site agreement; and (ii) the sale of an abandoned manufactured home positioned on a site in a residential park; and (iii) the variation of site rent; and\n- (i) the making, content, assignment and ending of a site agreement; and\n- (ii) the sale of an abandoned manufactured home positioned on a site in a residential park; and\n- (iii) the variation of site rent; and\n- (d) facilitating participation by home owners for a residential park in the affairs, maintenance and operation of the park; and\n- (e) providing ways of resolving a residential park dispute; and\n- (f) protecting home owners from unfair or excessive increases in site rent; and\n- (g) preserving the safety and security of tenure of home owners.\n- (i) the making, content, assignment and ending of a site agreement; and\n- (ii) the sale of an abandoned manufactured home positioned on a site in a residential park; and\n- (iii) the variation of site rent; and\n- (a) encouraging the continued growth and viability of the residential park industry in the State;\n- (b) providing a clear regulatory framework to ensure certainty for the residential park industry in planning for future expansion.","sortOrder":6},{"sectionNumber":"sec.4A","sectionType":"section","heading":"Relationship with Fair Trading Inspectors Act 2014","content":"### sec.4A Relationship with Fair Trading Inspectors Act 2014\n\nThe Fair Trading Inspectors Act 2014 (the FTI Act ) enacts common provisions for this Act and particular other Acts about fair trading.\nUnless this Act otherwise provides in relation to the FTI Act , the powers that an inspector has under that Act are in addition to and do not limit any powers the inspector may have under this Act.\nIn this section—\ninspector means a person who holds office under the FTI Act as an inspector for this Act.\nSee also the modifying provisions for this Act stated in the FTI Act , section 5 .\ns 4A ins 2014 No. 8 s 133\n(sec.4A-ssec.1) The Fair Trading Inspectors Act 2014 (the FTI Act ) enacts common provisions for this Act and particular other Acts about fair trading.\n(sec.4A-ssec.2) Unless this Act otherwise provides in relation to the FTI Act , the powers that an inspector has under that Act are in addition to and do not limit any powers the inspector may have under this Act.\n(sec.4A-ssec.3) In this section— inspector means a person who holds office under the FTI Act as an inspector for this Act. See also the modifying provisions for this Act stated in the FTI Act , section 5 .","sortOrder":7},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"Rights or remedies not restricted","content":"## Rights or remedies not restricted","sortOrder":8},{"sectionNumber":"sec.5","sectionType":"section","heading":"Rights and remedies of persons","content":"### sec.5 Rights and remedies of persons\n\nA right or remedy given to a person under this Act is in addition to, and not in substitution for, a right or remedy the person would have apart from this Act.\nWithout limiting subsection (1) , this Act does not operate to reduce the effect of a right or remedy a person would have apart from this Act.\nIn subsections (1) and (2) , a reference to a right or remedy a person would have apart from this Act is a reference to a right or remedy that is consistent with this Act.\n(sec.5-ssec.1) A right or remedy given to a person under this Act is in addition to, and not in substitution for, a right or remedy the person would have apart from this Act.\n(sec.5-ssec.2) Without limiting subsection (1) , this Act does not operate to reduce the effect of a right or remedy a person would have apart from this Act.\n(sec.5-ssec.3) In subsections (1) and (2) , a reference to a right or remedy a person would have apart from this Act is a reference to a right or remedy that is consistent with this Act.","sortOrder":9},{"sectionNumber":"pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":10},{"sectionNumber":"sec.6","sectionType":"section","heading":"Definitions","content":"### sec.6 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.\ns 6 amd 2009 No. 24 s 657 ; 2017 No. 42 s 10","sortOrder":11},{"sectionNumber":"sec.7","sectionType":"section","heading":null,"content":"### Section sec.7\n\ns 7 om 2010 No. 46 s 5","sortOrder":12},{"sectionNumber":"sec.8","sectionType":"section","heading":"Who is a home owner","content":"### sec.8 Who is a home owner\n\nEach of the following is a home owner —\na person who owns a manufactured home that is positioned on a site in a residential park under a site agreement;\na person who intends to position a manufactured home on a site in a residential park under a site agreement for use by the person as the person’s principal place of residence;\na person who obtains an interest in a site agreement as the personal representative, or a beneficiary of the estate, of a deceased individual who immediately before the individual’s death was a person mentioned in paragraph (a) or (b) ;\nanother successor in title of a person mentioned in paragraph (a) or (b) .\nA person mentioned in subsection (1) (a) is a home owner whether—\nthe person occupies the home as the person’s principal place of residence; or\na tenant of the person occupies the home.\n(sec.8-ssec.1) Each of the following is a home owner — a person who owns a manufactured home that is positioned on a site in a residential park under a site agreement; a person who intends to position a manufactured home on a site in a residential park under a site agreement for use by the person as the person’s principal place of residence; a person who obtains an interest in a site agreement as the personal representative, or a beneficiary of the estate, of a deceased individual who immediately before the individual’s death was a person mentioned in paragraph (a) or (b) ; another successor in title of a person mentioned in paragraph (a) or (b) .\n(sec.8-ssec.2) A person mentioned in subsection (1) (a) is a home owner whether— the person occupies the home as the person’s principal place of residence; or a tenant of the person occupies the home.\n- (a) a person who owns a manufactured home that is positioned on a site in a residential park under a site agreement;\n- (b) a person who intends to position a manufactured home on a site in a residential park under a site agreement for use by the person as the person’s principal place of residence;\n- (c) a person who obtains an interest in a site agreement as the personal representative, or a beneficiary of the estate, of a deceased individual who immediately before the individual’s death was a person mentioned in paragraph (a) or (b) ;\n- (d) another successor in title of a person mentioned in paragraph (a) or (b) .\n- (a) the person occupies the home as the person’s principal place of residence; or\n- (b) a tenant of the person occupies the home.","sortOrder":13},{"sectionNumber":"sec.9","sectionType":"section","heading":null,"content":"### Section sec.9\n\ns 9 om 2017 No. 42 s 11","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"What is a manufactured home","content":"### sec.10 What is a manufactured home\n\nA manufactured home is a structure, other than a caravan or tent, that—\nhas the character of a dwelling house; and\nis designed to be able to be moved from one position to another; and\nis not permanently attached to land.\nA manufactured home does not include a converted caravan.\nHowever, if a park owner and the owner of a converted caravan enter into an agreement, that would be a site agreement if it related to a manufactured home, for a site on which the converted caravan is positioned or intended to be positioned—\nthe converted caravan is taken to be a manufactured home; and\nthe agreement is taken to be a site agreement.\nTo remove any doubt, it is declared that an agreement entered into under another Act or a former Act, other than the repealed Mobile Homes Act 1989 , is not a site agreement under subsection (3) .\nA residential tenancy agreement entered into under the Residential Tenancies and Rooming Accommodation Act 2008 is not a site agreement under subsection (3) .\ns 10 amd 2010 No. 46 s 6\n(sec.10-ssec.1) A manufactured home is a structure, other than a caravan or tent, that— has the character of a dwelling house; and is designed to be able to be moved from one position to another; and is not permanently attached to land.\n(sec.10-ssec.2) A manufactured home does not include a converted caravan.\n(sec.10-ssec.3) However, if a park owner and the owner of a converted caravan enter into an agreement, that would be a site agreement if it related to a manufactured home, for a site on which the converted caravan is positioned or intended to be positioned— the converted caravan is taken to be a manufactured home; and the agreement is taken to be a site agreement.\n(sec.10-ssec.4) To remove any doubt, it is declared that an agreement entered into under another Act or a former Act, other than the repealed Mobile Homes Act 1989 , is not a site agreement under subsection (3) . A residential tenancy agreement entered into under the Residential Tenancies and Rooming Accommodation Act 2008 is not a site agreement under subsection (3) .\n- (a) has the character of a dwelling house; and\n- (b) is designed to be able to be moved from one position to another; and\n- (c) is not permanently attached to land.\n- (a) the converted caravan is taken to be a manufactured home; and\n- (b) the agreement is taken to be a site agreement.","sortOrder":15},{"sectionNumber":"sec.10A","sectionType":"section","heading":"What is a converted caravan","content":"### sec.10A What is a converted caravan\n\nA converted caravan is a structure that—\nas originally designed, was a caravan; and\nis no longer a caravan because of a structural addition or structural alteration.\ns 10A ins 2010 No. 46 s 7\n- (a) as originally designed, was a caravan; and\n- (b) is no longer a caravan because of a structural addition or structural alteration.","sortOrder":16},{"sectionNumber":"sec.11","sectionType":"section","heading":"Who is a park owner","content":"### sec.11 Who is a park owner\n\nA person who owns a residential park is a park owner .\nEach of the following is also a park owner —\nthe personal representative, or a beneficiary of the estate, of a deceased individual who immediately before the individual’s death was a person mentioned in subsection (1) ;\na mortgagee in possession of a residential park for which site agreements are in force;\nanother successor in title of a person mentioned in subsection (1) .\n(sec.11-ssec.1) A person who owns a residential park is a park owner .\n(sec.11-ssec.2) Each of the following is also a park owner — the personal representative, or a beneficiary of the estate, of a deceased individual who immediately before the individual’s death was a person mentioned in subsection (1) ; a mortgagee in possession of a residential park for which site agreements are in force; another successor in title of a person mentioned in subsection (1) .\n- (a) the personal representative, or a beneficiary of the estate, of a deceased individual who immediately before the individual’s death was a person mentioned in subsection (1) ;\n- (b) a mortgagee in possession of a residential park for which site agreements are in force;\n- (c) another successor in title of a person mentioned in subsection (1) .","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"What is a residential park","content":"### sec.12 What is a residential park\n\nA residential park is an area of land that includes—\nsites; and\ncommon areas; and\nfacilities for the personal comfort, convenience or enjoyment of persons residing in manufactured homes positioned on sites.\n- (a) sites; and\n- (b) common areas; and\n- (c) facilities for the personal comfort, convenience or enjoyment of persons residing in manufactured homes positioned on sites.","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"What is a site","content":"### sec.13 What is a site\n\nA site is land that is available for rent under a site agreement.","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"What is a site agreement","content":"### sec.14 What is a site agreement\n\nA site agreement is an agreement between a park owner and a home owner that—\nprovides for—\nthe rental by the home owner of particular land in a residential park; and\nthe positioning on the land of a manufactured home; and\nthe home owner’s non-exclusive use of the park’s common areas and communal facilities; and\nincludes provision about anything else required or permitted by this Act to be in the agreement.\nprovision about how site rent may be increased\n- (a) provides for— (i) the rental by the home owner of particular land in a residential park; and (ii) the positioning on the land of a manufactured home; and (iii) the home owner’s non-exclusive use of the park’s common areas and communal facilities; and\n- (i) the rental by the home owner of particular land in a residential park; and\n- (ii) the positioning on the land of a manufactured home; and\n- (iii) the home owner’s non-exclusive use of the park’s common areas and communal facilities; and\n- (b) includes provision about anything else required or permitted by this Act to be in the agreement. Example for paragraph (b) — provision about how site rent may be increased\n- (i) the rental by the home owner of particular land in a residential park; and\n- (ii) the positioning on the land of a manufactured home; and\n- (iii) the home owner’s non-exclusive use of the park’s common areas and communal facilities; and","sortOrder":20},{"sectionNumber":"sec.14A","sectionType":"section","heading":"What is a residential park dispute","content":"### sec.14A What is a residential park dispute\n\nA residential park dispute is—\na dispute about a proposal for a change in a park rule for which a non-resolution notice has been given or a park liaison committee has made a proposal decision; or\na dispute between an assignor and a park owner about the park owner’s failure or refusal to consent to the assignment of the assignor’s interest in a site agreement to an assignee; or\na dispute between the park owner and home owner under a site agreement about—\nthe parties’ rights or obligations under the agreement or this Act; or\nwithout limiting subparagraph (i) , how site rent is to be paid; or\nanother matter provided for under this Act; or\na dispute about a matter relating to the day-to-day running or operation of a residential park (including a failure to communicate or cooperate in dealing with the matter) between—\nthe park owner; and\neither—\nthe home owners committee for the park; or\nif no home owners committee has been established for the park—a home owner; or\na dispute between the home owners for 2 or more sites in a residential park about a home owner’s rights or obligations under this Act; or\na dispute, other than a dispute mentioned in paragraph (b) , between 2 or more of an assignor, assignee and park owner about the assignor’s, assignee’s or park owner’s rights or obligations under this Act relating to an assignment or proposed assignment of the assignor’s interest in a site agreement to the assignee; or\na dispute about whether a person is entitled to have a park owner enter into a site agreement with the person; or\na dispute about whether a park owner is entitled to have a person enter into a site agreement with the park owner; or\na dispute between a home owner and a park owner about whether a manufactured home is an eligible home under part 9A ; or\na dispute between a home owner and a park owner about noncompliance by the home owner or the park owner with their obligations under part 9A .\nFor subsection (1) , a dispute about a person’s obligation includes a complaint that the person has not complied with the obligation.\nDespite subsection (1) , neither of the following is a residential park dispute—\na dispute about whether a person is entitled to have a park owner enter into a site agreement with the person relating to a converted caravan;\na dispute about whether a park owner is entitled to have a person enter into a site agreement with the park owner relating to a converted caravan.\ns 14A ins 2010 No. 46 s 8\nsub 2017 No. 42 s 12\namd 2024 No. 28 ss 5 , 26 , 30\n(sec.14A-ssec.1) A residential park dispute is— a dispute about a proposal for a change in a park rule for which a non-resolution notice has been given or a park liaison committee has made a proposal decision; or a dispute between an assignor and a park owner about the park owner’s failure or refusal to consent to the assignment of the assignor’s interest in a site agreement to an assignee; or a dispute between the park owner and home owner under a site agreement about— the parties’ rights or obligations under the agreement or this Act; or without limiting subparagraph (i) , how site rent is to be paid; or another matter provided for under this Act; or a dispute about a matter relating to the day-to-day running or operation of a residential park (including a failure to communicate or cooperate in dealing with the matter) between— the park owner; and either— the home owners committee for the park; or if no home owners committee has been established for the park—a home owner; or a dispute between the home owners for 2 or more sites in a residential park about a home owner’s rights or obligations under this Act; or a dispute, other than a dispute mentioned in paragraph (b) , between 2 or more of an assignor, assignee and park owner about the assignor’s, assignee’s or park owner’s rights or obligations under this Act relating to an assignment or proposed assignment of the assignor’s interest in a site agreement to the assignee; or a dispute about whether a person is entitled to have a park owner enter into a site agreement with the person; or a dispute about whether a park owner is entitled to have a person enter into a site agreement with the park owner; or a dispute between a home owner and a park owner about whether a manufactured home is an eligible home under part 9A ; or a dispute between a home owner and a park owner about noncompliance by the home owner or the park owner with their obligations under part 9A .\n(sec.14A-ssec.2) For subsection (1) , a dispute about a person’s obligation includes a complaint that the person has not complied with the obligation.\n(sec.14A-ssec.3) Despite subsection (1) , neither of the following is a residential park dispute— a dispute about whether a person is entitled to have a park owner enter into a site agreement with the person relating to a converted caravan; a dispute about whether a park owner is entitled to have a person enter into a site agreement with the park owner relating to a converted caravan.\n- (a) a dispute about a proposal for a change in a park rule for which a non-resolution notice has been given or a park liaison committee has made a proposal decision; or\n- (b) a dispute between an assignor and a park owner about the park owner’s failure or refusal to consent to the assignment of the assignor’s interest in a site agreement to an assignee; or\n- (c) a dispute between the park owner and home owner under a site agreement about— (i) the parties’ rights or obligations under the agreement or this Act; or (ii) without limiting subparagraph (i) , how site rent is to be paid; or (iii) another matter provided for under this Act; or\n- (i) the parties’ rights or obligations under the agreement or this Act; or\n- (ii) without limiting subparagraph (i) , how site rent is to be paid; or\n- (iii) another matter provided for under this Act; or\n- (d) a dispute about a matter relating to the day-to-day running or operation of a residential park (including a failure to communicate or cooperate in dealing with the matter) between— (i) the park owner; and (ii) either— (A) the home owners committee for the park; or (B) if no home owners committee has been established for the park—a home owner; or\n- (i) the park owner; and\n- (ii) either— (A) the home owners committee for the park; or (B) if no home owners committee has been established for the park—a home owner; or\n- (A) the home owners committee for the park; or\n- (B) if no home owners committee has been established for the park—a home owner; or\n- (e) a dispute between the home owners for 2 or more sites in a residential park about a home owner’s rights or obligations under this Act; or\n- (f) a dispute, other than a dispute mentioned in paragraph (b) , between 2 or more of an assignor, assignee and park owner about the assignor’s, assignee’s or park owner’s rights or obligations under this Act relating to an assignment or proposed assignment of the assignor’s interest in a site agreement to the assignee; or\n- (g) a dispute about whether a person is entitled to have a park owner enter into a site agreement with the person; or\n- (h) a dispute about whether a park owner is entitled to have a person enter into a site agreement with the park owner; or\n- (i) a dispute between a home owner and a park owner about whether a manufactured home is an eligible home under part 9A ; or\n- (j) a dispute between a home owner and a park owner about noncompliance by the home owner or the park owner with their obligations under part 9A .\n- (i) the parties’ rights or obligations under the agreement or this Act; or\n- (ii) without limiting subparagraph (i) , how site rent is to be paid; or\n- (iii) another matter provided for under this Act; or\n- (i) the park owner; and\n- (ii) either— (A) the home owners committee for the park; or (B) if no home owners committee has been established for the park—a home owner; or\n- (A) the home owners committee for the park; or\n- (B) if no home owners committee has been established for the park—a home owner; or\n- (A) the home owners committee for the park; or\n- (B) if no home owners committee has been established for the park—a home owner; or\n- (a) a dispute about whether a person is entitled to have a park owner enter into a site agreement with the person relating to a converted caravan;\n- (b) a dispute about whether a park owner is entitled to have a person enter into a site agreement with the park owner relating to a converted caravan.","sortOrder":21},{"sectionNumber":"pt.3","sectionType":"part","heading":"Basic responsibilities of park owners and home owners","content":"# Basic responsibilities of park owners and home owners","sortOrder":22},{"sectionNumber":"sec.15","sectionType":"section","heading":"What this part is about","content":"### sec.15 What this part is about\n\nThis part states some of the basic responsibilities of park owners and home owners.\nOther parts of the Act deal with more specific rights and responsibilities.\nThis part does not limit a park owner’s, or home owner’s, rights or responsibilities under this Act.\n(sec.15-ssec.1) This part states some of the basic responsibilities of park owners and home owners.\n(sec.15-ssec.2) Other parts of the Act deal with more specific rights and responsibilities.\n(sec.15-ssec.3) This part does not limit a park owner’s, or home owner’s, rights or responsibilities under this Act.","sortOrder":23},{"sectionNumber":"sec.16","sectionType":"section","heading":"Home owner’s responsibilities","content":"### sec.16 Home owner’s responsibilities\n\nA home owner under a site agreement has the following responsibilities—\nto use the site only as a place of residence;\nto use the residential park’s common areas only for a purpose associated with the home owner’s residential use of the site;\nnot to use, or allow the home owner’s tenant or guests to use, the site or residential park’s common areas for an illegal purpose;\nto comply with the home owner’s obligations under section 105 ;\nto pay the site rent and other charges payable by the home owner under the agreement;\nnot to intentionally or recklessly damage or destroy, or allow the home owner’s tenant or guests to intentionally or recklessly damage or destroy, the residential park’s communal facilities;\nto maintain the manufactured home positioned on the site in a reasonable state of cleanliness and repair, and fit to live in;\notherwise, to comply with the agreement and the park rules for the residential park.\nThe responsibilities mentioned in this section are taken to be included as terms of the site agreement under section 19 .\ns 16 amd 2017 No. 42 s 13\n- (a) to use the site only as a place of residence;\n- (b) to use the residential park’s common areas only for a purpose associated with the home owner’s residential use of the site;\n- (c) not to use, or allow the home owner’s tenant or guests to use, the site or residential park’s common areas for an illegal purpose;\n- (d) to comply with the home owner’s obligations under section 105 ;\n- (e) to pay the site rent and other charges payable by the home owner under the agreement;\n- (f) not to intentionally or recklessly damage or destroy, or allow the home owner’s tenant or guests to intentionally or recklessly damage or destroy, the residential park’s communal facilities;\n- (g) to maintain the manufactured home positioned on the site in a reasonable state of cleanliness and repair, and fit to live in;\n- (h) otherwise, to comply with the agreement and the park rules for the residential park.","sortOrder":24},{"sectionNumber":"sec.17","sectionType":"section","heading":"Park owner’s responsibilities","content":"### sec.17 Park owner’s responsibilities\n\nThe park owner for a residential park has the following responsibilities in relation to a home owner—\nto take reasonable steps to ensure the home owner or the home owner’s tenant—\nalways has access to the home owner’s site in the park; and\nhas reasonable access to the common areas;\nto maintain the common areas and communal facilities in a reasonable state of cleanliness and repair, and fit for use by the home owner or the home owner’s tenant;\nto ensure the times the park owner or park manager is available to be contacted by the home owner or the home owner’s tenant are reasonable, having regard to all the circumstances, including the utilities supplied by the park owner to the site;\nto the extent it is within the park owner’s control, to ensure the continuity of supply of a utility to the park and the site;\nto comply with the park owner’s obligations under section 104 ;\notherwise, to comply with the site agreement for the site and the park rules.\nThe responsibilities mentioned in this section are taken to be included as terms of a site agreement under section 19 .\ns 17 amd 2017 No. 42 s 14\n- (a) to take reasonable steps to ensure the home owner or the home owner’s tenant— (i) always has access to the home owner’s site in the park; and (ii) has reasonable access to the common areas;\n- (i) always has access to the home owner’s site in the park; and\n- (ii) has reasonable access to the common areas;\n- (b) to maintain the common areas and communal facilities in a reasonable state of cleanliness and repair, and fit for use by the home owner or the home owner’s tenant;\n- (c) to ensure the times the park owner or park manager is available to be contacted by the home owner or the home owner’s tenant are reasonable, having regard to all the circumstances, including the utilities supplied by the park owner to the site;\n- (d) to the extent it is within the park owner’s control, to ensure the continuity of supply of a utility to the park and the site;\n- (e) to comply with the park owner’s obligations under section 104 ;\n- (f) otherwise, to comply with the site agreement for the site and the park rules.\n- (i) always has access to the home owner’s site in the park; and\n- (ii) has reasonable access to the common areas;","sortOrder":25},{"sectionNumber":"pt.4","sectionType":"part","heading":"Residential parks","content":"# Residential parks","sortOrder":26},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":27},{"sectionNumber":"sec.18","sectionType":"section","heading":"Definitions for part","content":"### sec.18 Definitions for part\n\nIn this part—\ninformation includes a document.\nregistered , in relation to a residential park, means registered under division 2 .\nresidential park register see section 18C (1) .\nunregistered residential park means a residential park that is not registered.\ns 18 prev s 18 om 2017 No. 42 s 15\npres s 18 ins 2024 No. 28 s 31","sortOrder":28},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Registration","content":"## Registration","sortOrder":29},{"sectionNumber":"sec.18A","sectionType":"section","heading":"Application for registration of residential park","content":"### sec.18A Application for registration of residential park\n\nThe park owner for a residential park may apply to the chief executive to register the residential park.\nThe application must—\nif there is an approved form for the application—be in the approved form; and\nbe accompanied by the fee prescribed by regulation.\nAlso, the application must include or be accompanied by the following information for the residential park—\nthe name of the park;\nthe address of the park;\nthe name of the park owner;\ncontact details for the park owner;\ndetails of the land on which the sites in the park will be located;\ndetails of the communal facilities, services and amenities available to home owners and other residents of the park;\na list of all proposed bases on which site rent may be increased under a site agreement for a manufactured home positioned on a site in the park;\na copy of the emergency plan for the park;\na copy of the park rules;\nany other information prescribed by regulation.\nThe chief executive may, by notice given to the applicant, ask the applicant for further information the chief executive reasonably requires to decide the application.\ns 18A ins 2024 No. 28 s 31\n(sec.18A-ssec.1) The park owner for a residential park may apply to the chief executive to register the residential park.\n(sec.18A-ssec.2) The application must— if there is an approved form for the application—be in the approved form; and be accompanied by the fee prescribed by regulation.\n(sec.18A-ssec.3) Also, the application must include or be accompanied by the following information for the residential park— the name of the park; the address of the park; the name of the park owner; contact details for the park owner; details of the land on which the sites in the park will be located; details of the communal facilities, services and amenities available to home owners and other residents of the park; a list of all proposed bases on which site rent may be increased under a site agreement for a manufactured home positioned on a site in the park; a copy of the emergency plan for the park; a copy of the park rules; any other information prescribed by regulation.\n(sec.18A-ssec.4) The chief executive may, by notice given to the applicant, ask the applicant for further information the chief executive reasonably requires to decide the application.\n- (a) if there is an approved form for the application—be in the approved form; and\n- (b) be accompanied by the fee prescribed by regulation.\n- (a) the name of the park;\n- (b) the address of the park;\n- (c) the name of the park owner;\n- (d) contact details for the park owner;\n- (e) details of the land on which the sites in the park will be located;\n- (f) details of the communal facilities, services and amenities available to home owners and other residents of the park;\n- (g) a list of all proposed bases on which site rent may be increased under a site agreement for a manufactured home positioned on a site in the park;\n- (h) a copy of the emergency plan for the park;\n- (i) a copy of the park rules;\n- (j) any other information prescribed by regulation.","sortOrder":30},{"sectionNumber":"sec.18B","sectionType":"section","heading":"Registration of residential park","content":"### sec.18B Registration of residential park\n\nThe chief executive must consider the application and decide to—\nregister the residential park; or\nrefuse to register the residential park.\nThe chief executive’s decision must be made within 90 days after the later of the following days—\nthe day the application is received;\nif the chief executive asks for further information under section 18A (4) —the day the applicant gives the chief executive the further information.\nThe chief executive may register the residential park only if the chief executive is satisfied—\nthe application complies with section 18A ; and\nif the chief executive has asked for further information under section 18A (4) —the applicant has given the chief executive the further information.\nThe chief executive must, after deciding the application, promptly give the applicant notice of the decision.\nIf the decision is to refuse to register the residential park, the notice must be an information notice for the decision.\nSee sections 18P and 18Q for offences in relation to operating, and engaging in other conduct in relation to, an unregistered residential park.\nIf the chief executive fails to decide the application within the period required under subsection (2) , the chief executive is taken to have refused the application.\nIf the application is taken to be refused under subsection (6) , the applicant is entitled to be given an information notice by the chief executive for the decision.\ns 18B ins 2024 No. 28 s 31\n(sec.18B-ssec.1) The chief executive must consider the application and decide to— register the residential park; or refuse to register the residential park.\n(sec.18B-ssec.2) The chief executive’s decision must be made within 90 days after the later of the following days— the day the application is received; if the chief executive asks for further information under section 18A (4) —the day the applicant gives the chief executive the further information.\n(sec.18B-ssec.3) The chief executive may register the residential park only if the chief executive is satisfied— the application complies with section 18A ; and if the chief executive has asked for further information under section 18A (4) —the applicant has given the chief executive the further information.\n(sec.18B-ssec.4) The chief executive must, after deciding the application, promptly give the applicant notice of the decision.\n(sec.18B-ssec.5) If the decision is to refuse to register the residential park, the notice must be an information notice for the decision. See sections 18P and 18Q for offences in relation to operating, and engaging in other conduct in relation to, an unregistered residential park.\n(sec.18B-ssec.6) If the chief executive fails to decide the application within the period required under subsection (2) , the chief executive is taken to have refused the application.\n(sec.18B-ssec.7) If the application is taken to be refused under subsection (6) , the applicant is entitled to be given an information notice by the chief executive for the decision.\n- (a) register the residential park; or\n- (b) refuse to register the residential park.\n- (a) the day the application is received;\n- (b) if the chief executive asks for further information under section 18A (4) —the day the applicant gives the chief executive the further information.\n- (a) the application complies with section 18A ; and\n- (b) if the chief executive has asked for further information under section 18A (4) —the applicant has given the chief executive the further information.","sortOrder":31},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Residential park register","content":"## Residential park register","sortOrder":32},{"sectionNumber":"sec.18C","sectionType":"section","heading":"Residential park register","content":"### sec.18C Residential park register\n\nThe chief executive must keep a register of residential parks that are registered (the residential park register ).\nThe residential park register may include the following information for each residential park that is registered—\nthe name of the park;\nthe address of the park;\nthe postal address of the park;\nthe name of the park owner;\ncontact details for the park owner;\nthe number of manufactured homes positioned on sites in the park;\ndetails of the land on which the sites in the park are located;\ndetails of the communal facilities, services and amenities available to home owners and other residents of the park;\ndetails of all bases on which site rent may be increased under a site agreement for a manufactured home positioned on a site in the park;\na copy of the emergency plan for the park;\na copy of the park rules;\nany other information prescribed by regulation.\nThe register may be kept in the way the chief executive considers appropriate, including in electronic form.\nThe chief executive may publish information included in the residential park register at the times, and in the way, decided by the chief executive.\ns 18C ins 2024 No. 28 s 31\n(sec.18C-ssec.1) The chief executive must keep a register of residential parks that are registered (the residential park register ).\n(sec.18C-ssec.2) The residential park register may include the following information for each residential park that is registered— the name of the park; the address of the park; the postal address of the park; the name of the park owner; contact details for the park owner; the number of manufactured homes positioned on sites in the park; details of the land on which the sites in the park are located; details of the communal facilities, services and amenities available to home owners and other residents of the park; details of all bases on which site rent may be increased under a site agreement for a manufactured home positioned on a site in the park; a copy of the emergency plan for the park; a copy of the park rules; any other information prescribed by regulation.\n(sec.18C-ssec.3) The register may be kept in the way the chief executive considers appropriate, including in electronic form.\n(sec.18C-ssec.4) The chief executive may publish information included in the residential park register at the times, and in the way, decided by the chief executive.\n- (a) the name of the park;\n- (b) the address of the park;\n- (c) the postal address of the park;\n- (d) the name of the park owner;\n- (e) contact details for the park owner;\n- (f) the number of manufactured homes positioned on sites in the park;\n- (g) details of the land on which the sites in the park are located;\n- (h) details of the communal facilities, services and amenities available to home owners and other residents of the park;\n- (i) details of all bases on which site rent may be increased under a site agreement for a manufactured home positioned on a site in the park;\n- (j) a copy of the emergency plan for the park;\n- (k) a copy of the park rules;\n- (l) any other information prescribed by regulation.","sortOrder":33},{"sectionNumber":"sec.18D","sectionType":"section","heading":"Inspecting and obtaining information about residential park","content":"### sec.18D Inspecting and obtaining information about residential park\n\nA person may, on payment of the fee prescribed by regulation, inspect or obtain a copy of information included in the residential park register for a residential park.\nThe information may be inspected, or a copy of the information may be obtained—\nat a place decided by the chief executive; or\nif the register is kept in electronic form—electronically.\ns 18D ins 2024 No. 28 s 31\n(sec.18D-ssec.1) A person may, on payment of the fee prescribed by regulation, inspect or obtain a copy of information included in the residential park register for a residential park.\n(sec.18D-ssec.2) The information may be inspected, or a copy of the information may be obtained— at a place decided by the chief executive; or if the register is kept in electronic form—electronically.\n- (a) at a place decided by the chief executive; or\n- (b) if the register is kept in electronic form—electronically.","sortOrder":34},{"sectionNumber":"sec.18E","sectionType":"section","heading":"Changes in information for residential park","content":"### sec.18E Changes in information for residential park\n\nThis section applies if there is a material change in any of the information for a residential park that may be included in the residential park register.\nThe park owner for the residential park must, within 28 days after becoming aware of the material change, give the chief executive notice, in the approved form, of the change unless the park owner has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns 18E ins 2024 No. 28 s 31\n(sec.18E-ssec.1) This section applies if there is a material change in any of the information for a residential park that may be included in the residential park register.\n(sec.18E-ssec.2) The park owner for the residential park must, within 28 days after becoming aware of the material change, give the chief executive notice, in the approved form, of the change unless the park owner has a reasonable excuse. Maximum penalty—100 penalty units.","sortOrder":35},{"sectionNumber":"sec.18F","sectionType":"section","heading":"Chief executive may require information","content":"### sec.18F Chief executive may require information\n\nThe chief executive may, by notice given to the park owner for a residential park, require the park owner, within a stated period of at least 30 days after the notice is given, to give the chief executive stated information about any information for the park that may be included in the residential park register.\nThe park owner must comply with the requirement unless the park owner has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns 18F ins 2024 No. 28 s 31\n(sec.18F-ssec.1) The chief executive may, by notice given to the park owner for a residential park, require the park owner, within a stated period of at least 30 days after the notice is given, to give the chief executive stated information about any information for the park that may be included in the residential park register.\n(sec.18F-ssec.2) The park owner must comply with the requirement unless the park owner has a reasonable excuse. Maximum penalty—100 penalty units.","sortOrder":36},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Park website and comparison document","content":"## Park website and comparison document","sortOrder":37},{"sectionNumber":"sec.18G","sectionType":"section","heading":"Residential park website","content":"### sec.18G Residential park website\n\nThe park owner for a residential park must maintain a website for the park.\nMaximum penalty—50 penalty units.\nA website maintained under subsection (1) may relate to more than 1 residential park.\nA regulation may exempt a residential park, or residential parks of a class, in stated circumstances from the requirement under subsection (1) .\ns 18G ins 2024 No. 28 s 31\n(sec.18G-ssec.1) The park owner for a residential park must maintain a website for the park. Maximum penalty—50 penalty units.\n(sec.18G-ssec.2) A website maintained under subsection (1) may relate to more than 1 residential park.\n(sec.18G-ssec.3) A regulation may exempt a residential park, or residential parks of a class, in stated circumstances from the requirement under subsection (1) .","sortOrder":38},{"sectionNumber":"sec.18H","sectionType":"section","heading":"Meaning of comparison document","content":"### sec.18H Meaning of comparison document\n\nA comparison document , for a residential park, is a document in the approved form that—\nincludes a declaration about site rent under section 70B ; and\ncontains details of the following information for the residential park—\nthe communal facilities, services and amenities available in the park;\nthe frequency of site rent increases in the park;\nthe bases for increasing site rent in the park;\nthe services and utilities included in the site rent;\nany other details prescribed by regulation; and\nis formatted in the way prescribed by regulation.\ns 18H ins 2024 No. 28 s 31\n- (a) includes a declaration about site rent under section 70B ; and\n- (b) contains details of the following information for the residential park— (i) the communal facilities, services and amenities available in the park; (ii) the frequency of site rent increases in the park; (iii) the bases for increasing site rent in the park; (iv) the services and utilities included in the site rent; (v) any other details prescribed by regulation; and\n- (i) the communal facilities, services and amenities available in the park;\n- (ii) the frequency of site rent increases in the park;\n- (iii) the bases for increasing site rent in the park;\n- (iv) the services and utilities included in the site rent;\n- (v) any other details prescribed by regulation; and\n- (c) is formatted in the way prescribed by regulation.\n- (i) the communal facilities, services and amenities available in the park;\n- (ii) the frequency of site rent increases in the park;\n- (iii) the bases for increasing site rent in the park;\n- (iv) the services and utilities included in the site rent;\n- (v) any other details prescribed by regulation; and","sortOrder":39},{"sectionNumber":"sec.18I","sectionType":"section","heading":"Requirement to prepare comparison document","content":"### sec.18I Requirement to prepare comparison document\n\nThe park owner for a residential park must prepare a comparison document for the residential park.\nMaximum penalty—200 penalty units.\ns 18I ins 2024 No. 28 s 31","sortOrder":40},{"sectionNumber":"sec.18J","sectionType":"section","heading":"Requirement to publish comparison document","content":"### sec.18J Requirement to publish comparison document\n\nIf a park owner is required under section 18G to maintain a website for a residential park (the park website ), the park owner must—\npublish the comparison document for the residential park on the park website; and\nensure the comparison document for the residential park, or a link to the comparison document, appears prominently on the park website; and\nensure any advertisement on the park website for the sale of a manufactured home in the residential park—\nstates that the manufactured home is a manufactured home regulated under the Manufactured Homes (Residential Parks) Act 2003 ; and\nincludes a link to the comparison document for the residential park.\nMaximum penalty—20 penalty units.\ns 18J ins 2024 No. 28 s 31\n- (a) publish the comparison document for the residential park on the park website; and\n- (b) ensure the comparison document for the residential park, or a link to the comparison document, appears prominently on the park website; and\n- (c) ensure any advertisement on the park website for the sale of a manufactured home in the residential park— (i) states that the manufactured home is a manufactured home regulated under the Manufactured Homes (Residential Parks) Act 2003 ; and (ii) includes a link to the comparison document for the residential park.\n- (i) states that the manufactured home is a manufactured home regulated under the Manufactured Homes (Residential Parks) Act 2003 ; and\n- (ii) includes a link to the comparison document for the residential park.\n- (i) states that the manufactured home is a manufactured home regulated under the Manufactured Homes (Residential Parks) Act 2003 ; and\n- (ii) includes a link to the comparison document for the residential park.","sortOrder":41},{"sectionNumber":"sec.18K","sectionType":"section","heading":"Park owner or sales person to give copy of comparison document on request","content":"### sec.18K Park owner or sales person to give copy of comparison document on request\n\nThis section applies if a person asks either of the following persons, in writing, for a copy of the comparison document for a residential park—\nthe park owner for the residential park;\na person engaged in the sale or marketing of manufactured homes in the residential park.\nThe park owner, or other person, of whom a request is made under subsection (1) —\nmust, within 7 days after the request is made, give the home owner a copy of the comparison document; and\nmust not charge a fee for the comparison document that is more than the amount prescribed by regulation.\nMaximum penalty—10 penalty units.\ns 18K ins 2024 No. 28 s 31\n(sec.18K-ssec.1) This section applies if a person asks either of the following persons, in writing, for a copy of the comparison document for a residential park— the park owner for the residential park; a person engaged in the sale or marketing of manufactured homes in the residential park.\n(sec.18K-ssec.2) The park owner, or other person, of whom a request is made under subsection (1) — must, within 7 days after the request is made, give the home owner a copy of the comparison document; and must not charge a fee for the comparison document that is more than the amount prescribed by regulation. Maximum penalty—10 penalty units.\n- (a) the park owner for the residential park;\n- (b) a person engaged in the sale or marketing of manufactured homes in the residential park.\n- (a) must, within 7 days after the request is made, give the home owner a copy of the comparison document; and\n- (b) must not charge a fee for the comparison document that is more than the amount prescribed by regulation.","sortOrder":42},{"sectionNumber":"sec.18L","sectionType":"section","heading":"Changes to comparison document","content":"### sec.18L Changes to comparison document\n\nThe park owner for a residential park must, immediately after becoming aware of a material change in any of the information in the comparison document for the residential park, amend the comparison document to include the correct information.\nMaximum penalty—50 penalty units.\nWithin 28 days after amending a comparison document under subsection (1) , or updating a comparison document to include a declaration about site rent under section 70B , the park owner must give the chief executive—\nnotice of the amendment or declaration; and\na copy of the amended or updated comparison document.\nMaximum penalty—200 penalty units.\ns 18L ins 2024 No. 28 s 31\n(sec.18L-ssec.1) The park owner for a residential park must, immediately after becoming aware of a material change in any of the information in the comparison document for the residential park, amend the comparison document to include the correct information. Maximum penalty—50 penalty units.\n(sec.18L-ssec.2) Within 28 days after amending a comparison document under subsection (1) , or updating a comparison document to include a declaration about site rent under section 70B , the park owner must give the chief executive— notice of the amendment or declaration; and a copy of the amended or updated comparison document. Maximum penalty—200 penalty units.\n- (a) notice of the amendment or declaration; and\n- (b) a copy of the amended or updated comparison document.","sortOrder":43},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Cancelling registration","content":"## Cancelling registration","sortOrder":44},{"sectionNumber":"sec.18M","sectionType":"section","heading":"Cancelling registration at request of park owner","content":"### sec.18M Cancelling registration at request of park owner\n\nThe park owner for a residential park may ask the chief executive, in writing, to cancel the registration of the residential park if the park owner—\nhas stopped operating the park; or\nproposes to stop operating the park.\nThe chief executive may cancel the registration of the residential park if the chief executive is satisfied that cancelling the registration of the park is appropriate.\ns 18M ins 2024 No. 28 s 31\n(sec.18M-ssec.1) The park owner for a residential park may ask the chief executive, in writing, to cancel the registration of the residential park if the park owner— has stopped operating the park; or proposes to stop operating the park.\n(sec.18M-ssec.2) The chief executive may cancel the registration of the residential park if the chief executive is satisfied that cancelling the registration of the park is appropriate.\n- (a) has stopped operating the park; or\n- (b) proposes to stop operating the park.","sortOrder":45},{"sectionNumber":"sec.18N","sectionType":"section","heading":"Cancelling registration on chief executive’s own initiative","content":"### sec.18N Cancelling registration on chief executive’s own initiative\n\nThe chief executive may, by notice given under this section to the park owner for a residential park, cancel the registration of the residential park if the chief executive is satisfied the park owner—\nhas stopped operating the park; or\nproposes to stop operating the park.\nThe chief executive must, before cancelling the registration of the residential park under this section, give the park owner a notice stating—\nthat the chief executive proposes to cancel the registration of the residential park under this section; and\nthe day (the proposed cancellation day ), at least 30 days after the day the notice is given, on which the chief executive proposes to cancel the registration of the residential park; and\nthat the park owner may provide evidence to the chief executive, within the stated period ending not earlier than 14 days after the day the notice is given (the submission period ), that the park owner is continuing to operate the residential park.\nThe chief executive must consider any evidence provided by the park owner within the submission period and decide to—\ncancel the registration of the residential park; or\nnot cancel the registration of the residential park.\nIf the decision is to cancel the registration of the residential park, the chief executive must promptly give the park owner an information notice for the decision that states the day the registration of the residential park is cancelled.\nFor subsection (4) , the stated day must be a day that is not earlier than—\nthe day the information notice is given to the park owner; or\nthe proposed cancellation day.\nIf the decision is not to cancel the registration of the residential park, the chief executive must give the park owner notice of the decision.\ns 18N ins 2024 No. 28 s 31\n(sec.18N-ssec.1) The chief executive may, by notice given under this section to the park owner for a residential park, cancel the registration of the residential park if the chief executive is satisfied the park owner— has stopped operating the park; or proposes to stop operating the park.\n(sec.18N-ssec.2) The chief executive must, before cancelling the registration of the residential park under this section, give the park owner a notice stating— that the chief executive proposes to cancel the registration of the residential park under this section; and the day (the proposed cancellation day ), at least 30 days after the day the notice is given, on which the chief executive proposes to cancel the registration of the residential park; and that the park owner may provide evidence to the chief executive, within the stated period ending not earlier than 14 days after the day the notice is given (the submission period ), that the park owner is continuing to operate the residential park.\n(sec.18N-ssec.3) The chief executive must consider any evidence provided by the park owner within the submission period and decide to— cancel the registration of the residential park; or not cancel the registration of the residential park.\n(sec.18N-ssec.4) If the decision is to cancel the registration of the residential park, the chief executive must promptly give the park owner an information notice for the decision that states the day the registration of the residential park is cancelled.\n(sec.18N-ssec.5) For subsection (4) , the stated day must be a day that is not earlier than— the day the information notice is given to the park owner; or the proposed cancellation day.\n(sec.18N-ssec.6) If the decision is not to cancel the registration of the residential park, the chief executive must give the park owner notice of the decision.\n- (a) has stopped operating the park; or\n- (b) proposes to stop operating the park.\n- (a) that the chief executive proposes to cancel the registration of the residential park under this section; and\n- (b) the day (the proposed cancellation day ), at least 30 days after the day the notice is given, on which the chief executive proposes to cancel the registration of the residential park; and\n- (c) that the park owner may provide evidence to the chief executive, within the stated period ending not earlier than 14 days after the day the notice is given (the submission period ), that the park owner is continuing to operate the residential park.\n- (a) cancel the registration of the residential park; or\n- (b) not cancel the registration of the residential park.\n- (a) the day the information notice is given to the park owner; or\n- (b) the proposed cancellation day.","sortOrder":46},{"sectionNumber":"sec.18O","sectionType":"section","heading":"Updating residential park register on cancellation of registration of residential park","content":"### sec.18O Updating residential park register on cancellation of registration of residential park\n\nIf the registration of a residential park is cancelled under section 18M or 18N , the chief executive may record in the residential park register—\nthat the registration of the residential park has been cancelled; and\nthe date the registration was cancelled; and\nwhether the registration was cancelled at the request of the park owner or on the chief executive’s initiative.\ns 18O ins 2024 No. 28 s 31\n- (a) that the registration of the residential park has been cancelled; and\n- (b) the date the registration was cancelled; and\n- (c) whether the registration was cancelled at the request of the park owner or on the chief executive’s initiative.","sortOrder":47},{"sectionNumber":"pt.4-div.6","sectionType":"division","heading":"Offences relating to unregistered residential parks","content":"## Offences relating to unregistered residential parks","sortOrder":48},{"sectionNumber":"sec.18P","sectionType":"section","heading":"Offence to operate unregistered residential park","content":"### sec.18P Offence to operate unregistered residential park\n\nA person must not operate a residential park that is an unregistered residential park.\nMaximum penalty—540 penalty units.\ns 18P ins 2024 No. 28 s 31","sortOrder":49},{"sectionNumber":"sec.18Q","sectionType":"section","heading":"Offence to induce or invite person to reside in, purchase or rent in unregistered residential park","content":"### sec.18Q Offence to induce or invite person to reside in, purchase or rent in unregistered residential park\n\nA person must not, in relation to a residential park the person knows, or ought reasonably to know, is an unregistered residential park—\ninduce or invite another person to do any of the following things—\nreside in a manufactured home positioned on a site in the park;\npurchase a manufactured home positioned on a site in the park;\nenter into a site agreement in relation to land in the park;\npay site rent under a site agreement in relation to land in the park; or\nuse a document, or publish an advertisement, to induce or invite another person to do a thing mentioned in paragraph (a) .\nMaximum penalty—540 penalty units.\nHowever, a person does not contravene subsection (1) if the person, or the document or advertisement, only invites expressions of interest in the residential park.\nIn this section—\nadvertisement includes an advertisement made by publishing a statement or claim—\nin a document, including a newspaper or magazine; or\nby broadcast, electronic communication, telecommunication, video or film.\ninduce includes attempt to induce.\ns 18Q ins 2024 No. 28 s 31\n(sec.18Q-ssec.1) A person must not, in relation to a residential park the person knows, or ought reasonably to know, is an unregistered residential park— induce or invite another person to do any of the following things— reside in a manufactured home positioned on a site in the park; purchase a manufactured home positioned on a site in the park; enter into a site agreement in relation to land in the park; pay site rent under a site agreement in relation to land in the park; or use a document, or publish an advertisement, to induce or invite another person to do a thing mentioned in paragraph (a) . Maximum penalty—540 penalty units.\n(sec.18Q-ssec.2) However, a person does not contravene subsection (1) if the person, or the document or advertisement, only invites expressions of interest in the residential park.\n(sec.18Q-ssec.3) In this section— advertisement includes an advertisement made by publishing a statement or claim— in a document, including a newspaper or magazine; or by broadcast, electronic communication, telecommunication, video or film. induce includes attempt to induce.\n- (a) induce or invite another person to do any of the following things— (i) reside in a manufactured home positioned on a site in the park; (ii) purchase a manufactured home positioned on a site in the park; (iii) enter into a site agreement in relation to land in the park; (iv) pay site rent under a site agreement in relation to land in the park; or\n- (i) reside in a manufactured home positioned on a site in the park;\n- (ii) purchase a manufactured home positioned on a site in the park;\n- (iii) enter into a site agreement in relation to land in the park;\n- (iv) pay site rent under a site agreement in relation to land in the park; or\n- (b) use a document, or publish an advertisement, to induce or invite another person to do a thing mentioned in paragraph (a) .\n- (i) reside in a manufactured home positioned on a site in the park;\n- (ii) purchase a manufactured home positioned on a site in the park;\n- (iii) enter into a site agreement in relation to land in the park;\n- (iv) pay site rent under a site agreement in relation to land in the park; or\n- (a) in a document, including a newspaper or magazine; or\n- (b) by broadcast, electronic communication, telecommunication, video or film.","sortOrder":50},{"sectionNumber":"sec.18R","sectionType":"section","heading":"Order to stop contravention of s 18P or 18Q","content":"### sec.18R Order to stop contravention of s 18P or 18Q\n\nThis section applies if the chief executive considers, on reasonable grounds, that a person is contravening section 18P or 18Q .\nThe chief executive may apply to the District Court for an order requiring the person to stop contravening the section.\nThe court may make any order, including an interim order, it considers appropriate.\ns 18R ins 2024 No. 28 s 31\n(sec.18R-ssec.1) This section applies if the chief executive considers, on reasonable grounds, that a person is contravening section 18P or 18Q .\n(sec.18R-ssec.2) The chief executive may apply to the District Court for an order requiring the person to stop contravening the section.\n(sec.18R-ssec.3) The court may make any order, including an interim order, it considers appropriate.","sortOrder":51},{"sectionNumber":"pt.5","sectionType":"part","heading":"Site agreements","content":"# Site agreements","sortOrder":52},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":53},{"sectionNumber":"sec.19","sectionType":"section","heading":"Terms of site agreement include responsibilities under Act etc.","content":"### sec.19 Terms of site agreement include responsibilities under Act etc.\n\nThe following are taken to be included as terms of a site agreement—\nthe home owner’s responsibilities under section 16 ;\nthe park owner’s responsibilities under section 17 ;\nthe park rules for the residential park;\nthe terms of any tribunal order in force about the agreement;\nother duties imposed on, or entitlements given to, the park owner or home owner under this Act.\n- (a) the home owner’s responsibilities under section 16 ;\n- (b) the park owner’s responsibilities under section 17 ;\n- (c) the park rules for the residential park;\n- (d) the terms of any tribunal order in force about the agreement;\n- (e) other duties imposed on, or entitlements given to, the park owner or home owner under this Act.","sortOrder":54},{"sectionNumber":"sec.20","sectionType":"section","heading":"Standard terms","content":"### sec.20 Standard terms\n\nA regulation may prescribe terms for inclusion in a site agreement.\nThe terms prescribed for this section are the standard terms of a site agreement.\n(sec.20-ssec.1) A regulation may prescribe terms for inclusion in a site agreement.\n(sec.20-ssec.2) The terms prescribed for this section are the standard terms of a site agreement.","sortOrder":55},{"sectionNumber":"sec.21","sectionType":"section","heading":"Special terms","content":"### sec.21 Special terms\n\nThe special terms of a site agreement are the terms of the agreement that are not—\nstandard terms; or\nterms taken to be included in the agreement under section 19 .\n- (a) standard terms; or\n- (b) terms taken to be included in the agreement under section 19 .","sortOrder":56},{"sectionNumber":"sec.22","sectionType":"section","heading":"Variation of special term","content":"### sec.22 Variation of special term\n\nA special term of a site agreement may be varied at any time while the agreement is in force.\nA variation of a special term of a site agreement is void unless it is written and signed by the parties to the agreement.\nIf a party to a site agreement (the first party ) proposes a variation of a special term of the agreement and the other party does not agree to the variation, the first party may, subject to section 116 , apply to the tribunal for an order under subsection (4) .\nIf a party applies under subsection (3) , the tribunal may make the order the tribunal considers appropriate about the proposed variation.\ns 22 amd 2017 No. 42 s 16\n(sec.22-ssec.1) A special term of a site agreement may be varied at any time while the agreement is in force.\n(sec.22-ssec.2) A variation of a special term of a site agreement is void unless it is written and signed by the parties to the agreement.\n(sec.22-ssec.3) If a party to a site agreement (the first party ) proposes a variation of a special term of the agreement and the other party does not agree to the variation, the first party may, subject to section 116 , apply to the tribunal for an order under subsection (4) .\n(sec.22-ssec.4) If a party applies under subsection (3) , the tribunal may make the order the tribunal considers appropriate about the proposed variation.","sortOrder":57},{"sectionNumber":"sec.23","sectionType":"section","heading":"Contracting out prohibited","content":"### sec.23 Contracting out prohibited\n\nAn agreement is void to the extent to which it purports to exclude, change or restrict the application or operation of a provision of this Act about the terms of a site agreement.\nA person must not enter into an agreement with the intention, directly or indirectly, of defeating the operation of this Act.\nMaximum penalty—200 penalty units.\nIn this section—\nagreement includes arrangement.\ndefeating includes evading and preventing.\n(sec.23-ssec.1) An agreement is void to the extent to which it purports to exclude, change or restrict the application or operation of a provision of this Act about the terms of a site agreement.\n(sec.23-ssec.2) A person must not enter into an agreement with the intention, directly or indirectly, of defeating the operation of this Act. Maximum penalty—200 penalty units.\n(sec.23-ssec.3) In this section— agreement includes arrangement. defeating includes evading and preventing.","sortOrder":58},{"sectionNumber":"sec.24","sectionType":"section","heading":"Inconsistency","content":"### sec.24 Inconsistency\n\nIf a provision of this Act is inconsistent with a special term of a site agreement, the provision prevails and the term is void to the extent of the inconsistency.\nIf a standard term of a site agreement is inconsistent with a special term of the agreement, the standard term prevails and the special term is void to the extent of the inconsistency.\n(sec.24-ssec.1) If a provision of this Act is inconsistent with a special term of a site agreement, the provision prevails and the term is void to the extent of the inconsistency.\n(sec.24-ssec.2) If a standard term of a site agreement is inconsistent with a special term of the agreement, the standard term prevails and the special term is void to the extent of the inconsistency.","sortOrder":59},{"sectionNumber":"sec.25","sectionType":"section","heading":"Requirements for site agreement","content":"### sec.25 Requirements for site agreement\n\nThe park owner for a residential park must ensure a site agreement—\nis written to the extent, and in the way, required by this section; and\nis in the approved form.\nMaximum penalty—200 penalty units.\nThe agreement must include the standard terms, and any special terms, of the agreement.\nIf, for a standard term of a site agreement to be effective, the term requires stated information to be included in it, the agreement is taken to include the standard term only if the information is properly included.\nthe names of the parties and a description of the site\nThe agreement must—\nbe easily legible; and\nif it is produced by any mechanical or electronic means, for example, by a typewriter or computer—be in at least 12 point font; and\nbe written in a precise way; and\nbe clearly expressed in plain language; and\nprecisely identify the site; and\nstate each party’s name and address; and\nstate a phone number, if any, of the home owner; and\nstate a business hours contact phone number, for the park owner or, if a park manager has been appointed, the park manager; and\nstate the following—\nthe site rent and other charges payable under the agreement;\nwhen the site rent and other charges are payable and how they must be paid;\nhow and when the site rent may be varied, including that, under the Act , the tribunal may—\nmake an order increasing the site rent on application by the park owner; or\nmake an order reducing the site rent on application by the home owner; and\nPart 11 (Varying site rent) states the circumstances in which the orders may be made.\nstate the maximum number of persons who may reside on the site the subject of the agreement; and\nbe signed by the parties; and\ncomply with any other requirement prescribed under a regulation.\nThe park owner must pay the costs of preparing the agreement.\nAlso, the park owner must keep a copy of the agreement until 1 year after the agreement is terminated.\nMaximum penalty—20 penalty units.\nNothing in this section affects the enforceability of a site agreement that is not written.\nSection 151 deals with relevant agreements, under the repealed Act, in force immediately before the commencement of section 148 that are not in writing.\ns 25 amd 2010 No. 46 s 9 ; 2024 No. 28 s 32\n(sec.25-ssec.1) The park owner for a residential park must ensure a site agreement— is written to the extent, and in the way, required by this section; and is in the approved form. Maximum penalty—200 penalty units.\n(sec.25-ssec.2) The agreement must include the standard terms, and any special terms, of the agreement.\n(sec.25-ssec.3) If, for a standard term of a site agreement to be effective, the term requires stated information to be included in it, the agreement is taken to include the standard term only if the information is properly included. the names of the parties and a description of the site\n(sec.25-ssec.4) The agreement must— be easily legible; and if it is produced by any mechanical or electronic means, for example, by a typewriter or computer—be in at least 12 point font; and be written in a precise way; and be clearly expressed in plain language; and precisely identify the site; and state each party’s name and address; and state a phone number, if any, of the home owner; and state a business hours contact phone number, for the park owner or, if a park manager has been appointed, the park manager; and state the following— the site rent and other charges payable under the agreement; when the site rent and other charges are payable and how they must be paid; how and when the site rent may be varied, including that, under the Act , the tribunal may— make an order increasing the site rent on application by the park owner; or make an order reducing the site rent on application by the home owner; and Part 11 (Varying site rent) states the circumstances in which the orders may be made. state the maximum number of persons who may reside on the site the subject of the agreement; and be signed by the parties; and comply with any other requirement prescribed under a regulation.\n(sec.25-ssec.5) The park owner must pay the costs of preparing the agreement.\n(sec.25-ssec.6) Also, the park owner must keep a copy of the agreement until 1 year after the agreement is terminated. Maximum penalty—20 penalty units.\n(sec.25-ssec.7) Nothing in this section affects the enforceability of a site agreement that is not written. Section 151 deals with relevant agreements, under the repealed Act, in force immediately before the commencement of section 148 that are not in writing.\n- (a) is written to the extent, and in the way, required by this section; and\n- (b) is in the approved form.\n- (a) be easily legible; and\n- (b) if it is produced by any mechanical or electronic means, for example, by a typewriter or computer—be in at least 12 point font; and\n- (c) be written in a precise way; and\n- (d) be clearly expressed in plain language; and\n- (e) precisely identify the site; and\n- (f) state each party’s name and address; and\n- (g) state a phone number, if any, of the home owner; and\n- (h) state a business hours contact phone number, for the park owner or, if a park manager has been appointed, the park manager; and\n- (i) state the following— (i) the site rent and other charges payable under the agreement; (ii) when the site rent and other charges are payable and how they must be paid; (iii) how and when the site rent may be varied, including that, under the Act , the tribunal may— (A) make an order increasing the site rent on application by the park owner; or (B) make an order reducing the site rent on application by the home owner; and Note— Part 11 (Varying site rent) states the circumstances in which the orders may be made.\n- (i) the site rent and other charges payable under the agreement;\n- (ii) when the site rent and other charges are payable and how they must be paid;\n- (iii) how and when the site rent may be varied, including that, under the Act , the tribunal may— (A) make an order increasing the site rent on application by the park owner; or (B) make an order reducing the site rent on application by the home owner; and Note— Part 11 (Varying site rent) states the circumstances in which the orders may be made.\n- (A) make an order increasing the site rent on application by the park owner; or\n- (B) make an order reducing the site rent on application by the home owner; and\n- (j) state the maximum number of persons who may reside on the site the subject of the agreement; and\n- (k) be signed by the parties; and\n- (l) comply with any other requirement prescribed under a regulation.\n- (i) the site rent and other charges payable under the agreement;\n- (ii) when the site rent and other charges are payable and how they must be paid;\n- (iii) how and when the site rent may be varied, including that, under the Act , the tribunal may— (A) make an order increasing the site rent on application by the park owner; or (B) make an order reducing the site rent on application by the home owner; and Note— Part 11 (Varying site rent) states the circumstances in which the orders may be made.\n- (A) make an order increasing the site rent on application by the park owner; or\n- (B) make an order reducing the site rent on application by the home owner; and\n- (A) make an order increasing the site rent on application by the park owner; or\n- (B) make an order reducing the site rent on application by the home owner; and","sortOrder":60},{"sectionNumber":"sec.25A","sectionType":"section","heading":"Plain language for special term of site agreement","content":"### sec.25A Plain language for special term of site agreement\n\nThis section applies if a home owner under a site agreement proposes that a special term of the agreement be varied because it is not clearly expressed in plain language and the park owner does not agree about the language, or proposed variation, of the special term.\nThe home owner may, subject to section 116 , apply to the tribunal to consider whether the special term is not clearly expressed in plain language.\nIf the home owner applies under subsection (2) and the tribunal considers the term is not clearly expressed in plain language, it may do 1 or more of the following—\nmake an order varying the terms of the site agreement in the way the tribunal considers appropriate;\nmake an order prohibiting the park owner from using the same or a similar term in any other site agreement entered into after the order.\ns 25A ins 2010 No. 46 s 10\namd 2017 No. 42 s 17\n(sec.25A-ssec.1) This section applies if a home owner under a site agreement proposes that a special term of the agreement be varied because it is not clearly expressed in plain language and the park owner does not agree about the language, or proposed variation, of the special term.\n(sec.25A-ssec.2) The home owner may, subject to section 116 , apply to the tribunal to consider whether the special term is not clearly expressed in plain language.\n(sec.25A-ssec.3) If the home owner applies under subsection (2) and the tribunal considers the term is not clearly expressed in plain language, it may do 1 or more of the following— make an order varying the terms of the site agreement in the way the tribunal considers appropriate; make an order prohibiting the park owner from using the same or a similar term in any other site agreement entered into after the order.\n- (a) make an order varying the terms of the site agreement in the way the tribunal considers appropriate;\n- (b) make an order prohibiting the park owner from using the same or a similar term in any other site agreement entered into after the order.","sortOrder":61},{"sectionNumber":"sec.25B","sectionType":"section","heading":"Prohibited terms of site agreements and prohibited park rules","content":"### sec.25B Prohibited terms of site agreements and prohibited park rules\n\nA regulation may prohibit—\na stated type of special term in a site agreement; or\na stated type of park rule.\nA park owner must not include a special term in a site agreement that is prohibited from being in a site agreement under subsection (1) .\nMaximum penalty—100 penalty units.\nA park owner must not make a type of park rule that is prohibited under subsection (1) .\nMaximum penalty—100 penalty units.\nA park owner must not attempt to enforce—\na special term in a site agreement that is prohibited from being in a site agreement under subsection (1) ; or\na park rule of a type that is prohibited under subsection (1) .\nMaximum penalty—100 penalty units.\nA term of a site agreement is void to the extent it is or contains a term that is prohibited under subsection (1) .\nSubsection (7) applies if a home owner under a site agreement considers a special term of the agreement is wholly or partly void under subsection (5) and the park owner does not agree.\nThe home owner may, subject to section 116 , apply to the tribunal to consider whether part or all of the special term is void under subsection (5) .\nIf a home owner applies under subsection (7) , the tribunal may do 1 of the following—\ndeclare that a stated term of the site agreement is void;\ndeclare that a stated term of the site agreement is not void;\ndeclare that a stated term of the site agreement is void to a stated extent;\nmake an order varying a stated term of the site agreement.\ns 25B ins 2010 No. 46 s 10\namd 2017 No. 42 s 18\n(sec.25B-ssec.1) A regulation may prohibit— a stated type of special term in a site agreement; or a stated type of park rule.\n(sec.25B-ssec.2) A park owner must not include a special term in a site agreement that is prohibited from being in a site agreement under subsection (1) . Maximum penalty—100 penalty units.\n(sec.25B-ssec.3) A park owner must not make a type of park rule that is prohibited under subsection (1) . Maximum penalty—100 penalty units.\n(sec.25B-ssec.4) A park owner must not attempt to enforce— a special term in a site agreement that is prohibited from being in a site agreement under subsection (1) ; or a park rule of a type that is prohibited under subsection (1) . Maximum penalty—100 penalty units.\n(sec.25B-ssec.5) A term of a site agreement is void to the extent it is or contains a term that is prohibited under subsection (1) .\n(sec.25B-ssec.6) Subsection (7) applies if a home owner under a site agreement considers a special term of the agreement is wholly or partly void under subsection (5) and the park owner does not agree.\n(sec.25B-ssec.7) The home owner may, subject to section 116 , apply to the tribunal to consider whether part or all of the special term is void under subsection (5) .\n(sec.25B-ssec.8) If a home owner applies under subsection (7) , the tribunal may do 1 of the following— declare that a stated term of the site agreement is void; declare that a stated term of the site agreement is not void; declare that a stated term of the site agreement is void to a stated extent; make an order varying a stated term of the site agreement.\n- (a) a stated type of special term in a site agreement; or\n- (b) a stated type of park rule.\n- (a) a special term in a site agreement that is prohibited from being in a site agreement under subsection (1) ; or\n- (b) a park rule of a type that is prohibited under subsection (1) .\n- (a) declare that a stated term of the site agreement is void;\n- (b) declare that a stated term of the site agreement is not void;\n- (c) declare that a stated term of the site agreement is void to a stated extent;\n- (d) make an order varying a stated term of the site agreement.","sortOrder":62},{"sectionNumber":"sec.26","sectionType":"section","heading":"Duration of site agreement","content":"### sec.26 Duration of site agreement\n\nA home owner’s right under a site agreement to position a manufactured home on a site continues until the agreement is terminated.","sortOrder":63},{"sectionNumber":"sec.27","sectionType":"section","heading":"Successor in title of park owner","content":"### sec.27 Successor in title of park owner\n\nA successor in title of the park owner under a site agreement obtains the benefits, and is subject to the obligations, of the park owner in relation to the agreement.","sortOrder":64},{"sectionNumber":"sec.28","sectionType":"section","heading":"Notice to be given by successor in title of park owner to home owner","content":"### sec.28 Notice to be given by successor in title of park owner to home owner\n\nA person must, within 14 days after becoming a successor in title of the park owner under a site agreement, give the home owner under the agreement a notice—\nstating the person’s name and business address; and\ndirecting the home owner to make all future payments of site rent payable under the agreement to the person.\nMaximum penalty—10 penalty units.\n- (a) stating the person’s name and business address; and\n- (b) directing the home owner to make all future payments of site rent payable under the agreement to the person.","sortOrder":65},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Entering into site agreements","content":"## Entering into site agreements","sortOrder":66},{"sectionNumber":"sec.29","sectionType":"section","heading":"Disclosure documents to be given to prospective home owner","content":"### sec.29 Disclosure documents to be given to prospective home owner\n\nThe park owner for a residential park must not enter into a site agreement with a prospective home owner for a site in the park unless the park owner has complied with subsections (2) and (3) .\nMaximum penalty—200 penalty units.\nFor another possible consequence of not complying with this section, see section 33 .\nThe park owner must give the prospective home owner the following documents (the disclosure documents ) as provided under subsection (3) —\nthe comparison document for the residential park;\na document containing the information mentioned in schedule 1 for the residential park;\na copy of the proposed site agreement.\nThe disclosure documents must be given—\nif paragraph (b) does not apply—at least 21 days before entering into the site agreement; or\nif, under section 30 , the prospective home owner waives the right to be given the disclosure documents as required under paragraph (a) —at least 7 days before entering into the site agreement.\ns 29 sub 2017 No. 42 s 19 ; 2024 No. 28 s 33\n(sec.29-ssec.1) The park owner for a residential park must not enter into a site agreement with a prospective home owner for a site in the park unless the park owner has complied with subsections (2) and (3) . Maximum penalty—200 penalty units. For another possible consequence of not complying with this section, see section 33 .\n(sec.29-ssec.2) The park owner must give the prospective home owner the following documents (the disclosure documents ) as provided under subsection (3) — the comparison document for the residential park; a document containing the information mentioned in schedule 1 for the residential park; a copy of the proposed site agreement.\n(sec.29-ssec.3) The disclosure documents must be given— if paragraph (b) does not apply—at least 21 days before entering into the site agreement; or if, under section 30 , the prospective home owner waives the right to be given the disclosure documents as required under paragraph (a) —at least 7 days before entering into the site agreement.\n- (a) the comparison document for the residential park;\n- (b) a document containing the information mentioned in schedule 1 for the residential park;\n- (c) a copy of the proposed site agreement.\n- (a) if paragraph (b) does not apply—at least 21 days before entering into the site agreement; or\n- (b) if, under section 30 , the prospective home owner waives the right to be given the disclosure documents as required under paragraph (a) —at least 7 days before entering into the site agreement.","sortOrder":67},{"sectionNumber":"sec.29A","sectionType":"section","heading":null,"content":"### Section sec.29A\n\ns 29A ins 2017 No. 42 s 19\nom 2024 No. 28 s 33","sortOrder":68},{"sectionNumber":"sec.30","sectionType":"section","heading":"Waiver of right to be given disclosure documents at least 21 days before entering into site agreement","content":"### sec.30 Waiver of right to be given disclosure documents at least 21 days before entering into site agreement\n\nA prospective home owner for a site agreement may, by notice given to the park owner, waive the right under section 29 (3) (a) to be given the disclosure documents for the site agreement at least 21 days before entering into the site agreement.\nThe notice must—\nif there is an approved form for the notice—be in the approved form; and\nstate that the prospective home owner—\nhas obtained independent legal advice from a Queensland lawyer about entering into the site agreement; and\nagrees to being given the disclosure documents less than 21 days, but at least 7 days, before entering into the site agreement; and\nbe signed by the lawyer and include the lawyer’s name and contact details and the date the legal advice was given.\ns 30 amd 2017 No. 42 s 20\nsub 2024 No. 28 s 33\n(sec.30-ssec.1) A prospective home owner for a site agreement may, by notice given to the park owner, waive the right under section 29 (3) (a) to be given the disclosure documents for the site agreement at least 21 days before entering into the site agreement.\n(sec.30-ssec.2) The notice must— if there is an approved form for the notice—be in the approved form; and state that the prospective home owner— has obtained independent legal advice from a Queensland lawyer about entering into the site agreement; and agrees to being given the disclosure documents less than 21 days, but at least 7 days, before entering into the site agreement; and be signed by the lawyer and include the lawyer’s name and contact details and the date the legal advice was given.\n- (a) if there is an approved form for the notice—be in the approved form; and\n- (b) state that the prospective home owner— (i) has obtained independent legal advice from a Queensland lawyer about entering into the site agreement; and (ii) agrees to being given the disclosure documents less than 21 days, but at least 7 days, before entering into the site agreement; and\n- (i) has obtained independent legal advice from a Queensland lawyer about entering into the site agreement; and\n- (ii) agrees to being given the disclosure documents less than 21 days, but at least 7 days, before entering into the site agreement; and\n- (c) be signed by the lawyer and include the lawyer’s name and contact details and the date the legal advice was given.\n- (i) has obtained independent legal advice from a Queensland lawyer about entering into the site agreement; and\n- (ii) agrees to being given the disclosure documents less than 21 days, but at least 7 days, before entering into the site agreement; and","sortOrder":69},{"sectionNumber":"sec.31","sectionType":"section","heading":"Refusal to enter into site agreement","content":"### sec.31 Refusal to enter into site agreement\n\nThe park owner for a residential park must not unreasonably refuse to enter into a site agreement with a prospective home owner.\nA prospective home owner who considers the park owner has unreasonably refused to enter into a site agreement may, subject to section 116 , apply to the tribunal for an order under subsection (3) .\nThe tribunal may, on application made by the prospective home owner, make an order requiring the park owner to enter into a site agreement if the tribunal is satisfied the park owner has unreasonably refused to enter into the site agreement.\ns 31 sub 2024 No. 28 s 33\n(sec.31-ssec.1) The park owner for a residential park must not unreasonably refuse to enter into a site agreement with a prospective home owner.\n(sec.31-ssec.2) A prospective home owner who considers the park owner has unreasonably refused to enter into a site agreement may, subject to section 116 , apply to the tribunal for an order under subsection (3) .\n(sec.31-ssec.3) The tribunal may, on application made by the prospective home owner, make an order requiring the park owner to enter into a site agreement if the tribunal is satisfied the park owner has unreasonably refused to enter into the site agreement.","sortOrder":70},{"sectionNumber":"sec.31A","sectionType":"section","heading":"Obtaining independent legal advice about site agreement","content":"### sec.31A Obtaining independent legal advice about site agreement\n\nThe park owner for a residential park must not, at any time, restrict a person’s right to obtain independent legal advice about a site agreement, including independent legal advice mentioned in section 30 (2) (b) (i) .\nMaximum penalty—100 penalty units.\ns 31A ins 2024 No. 28 s 33","sortOrder":71},{"sectionNumber":"sec.31B","sectionType":"section","heading":"Home owner’s copy of site agreement","content":"### sec.31B Home owner’s copy of site agreement\n\nThis section applies if the park owner for a residential park—\nreceives a copy of a proposed site agreement for a site, signed by a prospective home owner for the site; and\nsigns the proposed site agreement.\nThe park owner must, within 10 days after signing the site agreement, give the prospective home owner a copy of the signed agreement.\nMaximum penalty—100 penalty units.\ns 31B ins 2024 No. 28 s 33\n(sec.31B-ssec.1) This section applies if the park owner for a residential park— receives a copy of a proposed site agreement for a site, signed by a prospective home owner for the site; and signs the proposed site agreement.\n(sec.31B-ssec.2) The park owner must, within 10 days after signing the site agreement, give the prospective home owner a copy of the signed agreement. Maximum penalty—100 penalty units.\n- (a) receives a copy of a proposed site agreement for a site, signed by a prospective home owner for the site; and\n- (b) signs the proposed site agreement.","sortOrder":72},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Terms of site agreements","content":"## Terms of site agreements","sortOrder":73},{"sectionNumber":"sec.31C","sectionType":"section","heading":"Application of division","content":"### sec.31C Application of division\n\nThis division applies if—\nthe home owner (the seller ) of a manufactured home located on a site in a residential park enters into an agreement to sell the home to another person (the buyer ); and\nafter the sale, the manufactured home will continue to be located on the site in the residential park.\ns 31C ins 2024 No. 28 s 33\n- (a) the home owner (the seller ) of a manufactured home located on a site in a residential park enters into an agreement to sell the home to another person (the buyer ); and\n- (b) after the sale, the manufactured home will continue to be located on the site in the residential park.","sortOrder":74},{"sectionNumber":"sec.31D","sectionType":"section","heading":"Definitions for division","content":"### sec.31D Definitions for division\n\nIn this division—\nbuyer see section 31C (a) .\nseller see section 31C (a) .\ns 31D ins 2024 No. 28 s 33","sortOrder":75},{"sectionNumber":"sec.31E","sectionType":"section","heading":"Park owner must ensure particular terms included in site agreement with buyer","content":"### sec.31E Park owner must ensure particular terms included in site agreement with buyer\n\nThe park owner must ensure the terms of a site agreement entered into between the buyer and the park owner include the same terms as applied under the site agreement between the seller and the park owner (the earlier site agreement ), before the sale of the manufactured home, in relation to the following matters (each a relevant matter )—\nthe utilities included in the site rent payable for the site;\nthe communal facilities, services and other amenities included in the site rent payable for the site;\na matter prescribed by regulation.\nMaximum penalty—100 penalty units.\nFor subsection (1) , if a term of the earlier site agreement in relation to a relevant matter has, before the sale of the manufactured home, been modified by this Act, the term as modified is taken to be the term that applied under the earlier site agreement, before the sale of the manufactured home, in relation to the relevant matter.\na reduction under section 73 in the utility cost included in the site rent payable for the site\ns 31E ins 2024 No. 28 s 33\n(sec.31E-ssec.1) The park owner must ensure the terms of a site agreement entered into between the buyer and the park owner include the same terms as applied under the site agreement between the seller and the park owner (the earlier site agreement ), before the sale of the manufactured home, in relation to the following matters (each a relevant matter )— the utilities included in the site rent payable for the site; the communal facilities, services and other amenities included in the site rent payable for the site; a matter prescribed by regulation. Maximum penalty—100 penalty units.\n(sec.31E-ssec.2) For subsection (1) , if a term of the earlier site agreement in relation to a relevant matter has, before the sale of the manufactured home, been modified by this Act, the term as modified is taken to be the term that applied under the earlier site agreement, before the sale of the manufactured home, in relation to the relevant matter. a reduction under section 73 in the utility cost included in the site rent payable for the site\n- (a) the utilities included in the site rent payable for the site;\n- (b) the communal facilities, services and other amenities included in the site rent payable for the site;\n- (c) a matter prescribed by regulation.","sortOrder":76},{"sectionNumber":"sec.31F","sectionType":"section","heading":"Variation in terms of agreement","content":"### sec.31F Variation in terms of agreement\n\nDespite section 31E , the buyer and the park owner may agree to vary the terms of the site agreement.\nThe terms may be varied by notice signed by both the buyer and the park owner.\nThe notice must—\ninclude the terms of the site agreement proposed to be varied and the new terms; and\nif there is an approved form for the notice—be in the approved form; and\ninclude any other information prescribed by regulation.\ns 31F ins 2024 No. 28 s 33\n(sec.31F-ssec.1) Despite section 31E , the buyer and the park owner may agree to vary the terms of the site agreement.\n(sec.31F-ssec.2) The terms may be varied by notice signed by both the buyer and the park owner.\n(sec.31F-ssec.3) The notice must— include the terms of the site agreement proposed to be varied and the new terms; and if there is an approved form for the notice—be in the approved form; and include any other information prescribed by regulation.\n- (a) include the terms of the site agreement proposed to be varied and the new terms; and\n- (b) if there is an approved form for the notice—be in the approved form; and\n- (c) include any other information prescribed by regulation.","sortOrder":77},{"sectionNumber":"sec.31G","sectionType":"section","heading":"Park owner must not require variation of terms","content":"### sec.31G Park owner must not require variation of terms\n\nThe park owner must not require the buyer to vary the terms of the site agreement that apply under section 31E .\nMaximum penalty—100 penalty units.\nThe park owner contravenes subsection (1) if the park owner makes entering into the site agreement with the park owner conditional on the buyer agreeing to vary the terms of the site agreement that apply under section 31E .\ns 31G ins 2024 No. 28 s 33\n(sec.31G-ssec.1) The park owner must not require the buyer to vary the terms of the site agreement that apply under section 31E . Maximum penalty—100 penalty units.\n(sec.31G-ssec.2) The park owner contravenes subsection (1) if the park owner makes entering into the site agreement with the park owner conditional on the buyer agreeing to vary the terms of the site agreement that apply under section 31E .","sortOrder":78},{"sectionNumber":"sec.31H","sectionType":"section","heading":"Maximum site rent payable","content":"### sec.31H Maximum site rent payable\n\nThe site rent payable under the site agreement by the buyer must not exceed the amount of site rent, or an amount within the range of site rent, declared under section 70B .\ns 31H ins 2024 No. 28 s 33","sortOrder":79},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Assignment of home owner’s interest in site agreement","content":"## Assignment of home owner’s interest in site agreement","sortOrder":80},{"sectionNumber":"sec.31I","sectionType":"section","heading":"Definition for division","content":"### sec.31I Definition for division\n\nIn this division—\nform of assignment see section 31K (1) .\ns 31I ins 2024 No. 28 s 33","sortOrder":81},{"sectionNumber":"sec.31J","sectionType":"section","heading":"Assignment of site agreement","content":"### sec.31J Assignment of site agreement\n\nA home owner may assign the home owner’s interest in a site agreement to another person only if—\nthe other person is a relative of the home owner; and\nthe park owner consents to the assignment.\nIn this section—\nrelative , of a home owner, means the home owner’s—\nspouse; or\nchild or stepchild; or\nparent or step-parent; or\nsibling, step-sibling or half-sibling.\ns 31J ins 2024 No. 28 s 33\n(sec.31J-ssec.1) A home owner may assign the home owner’s interest in a site agreement to another person only if— the other person is a relative of the home owner; and the park owner consents to the assignment.\n(sec.31J-ssec.2) In this section— relative , of a home owner, means the home owner’s— spouse; or child or stepchild; or parent or step-parent; or sibling, step-sibling or half-sibling.\n- (a) the other person is a relative of the home owner; and\n- (b) the park owner consents to the assignment.\n- (a) spouse; or\n- (b) child or stepchild; or\n- (c) parent or step-parent; or\n- (d) sibling, step-sibling or half-sibling.","sortOrder":82},{"sectionNumber":"sec.31K","sectionType":"section","heading":"Form of assignment","content":"### sec.31K Form of assignment\n\nThe assignment of the assignor’s interest in the site agreement must be in the approved form (the form of assignment ).\nThe assignor and assignee must each sign 2 copies of the form of assignment.\ns 31K ins 2024 No. 28 s 33\n(sec.31K-ssec.1) The assignment of the assignor’s interest in the site agreement must be in the approved form (the form of assignment ).\n(sec.31K-ssec.2) The assignor and assignee must each sign 2 copies of the form of assignment.","sortOrder":83},{"sectionNumber":"sec.31L","sectionType":"section","heading":"Consent to assignment of site agreement","content":"### sec.31L Consent to assignment of site agreement\n\nAfter the assignor and assignee sign the form of assignment, the assignor must give the park owner a notice asking the park owner to consent to the assignment of the assignor’s interest in the site agreement to the assignee.\nThe request must be accompanied by 2 signed copies of the form of assignment.\nThe assignment of the assignor’s interest in the site agreement has effect only if the park owner consents to the assignment.\nThe park owner must not unreasonably refuse to consent to the assignment.\nIf the park owner consents to the assignment, the park owner must sign both copies of the form of assignment and give them to the assignor.\nIf the park owner refuses to consent to the assignment, the park owner must—\nreturn both copies of the form of assignment to the assignor; and\ngive the assignor notice of the decision and the reasons for it.\nIf, within 28 days after receiving the request, the park owner does not consent to the assignment, the park owner is taken to have refused to consent to the assignment.\ns 31L ins 2024 No. 28 s 33\n(sec.31L-ssec.1) After the assignor and assignee sign the form of assignment, the assignor must give the park owner a notice asking the park owner to consent to the assignment of the assignor’s interest in the site agreement to the assignee.\n(sec.31L-ssec.2) The request must be accompanied by 2 signed copies of the form of assignment.\n(sec.31L-ssec.3) The assignment of the assignor’s interest in the site agreement has effect only if the park owner consents to the assignment.\n(sec.31L-ssec.4) The park owner must not unreasonably refuse to consent to the assignment.\n(sec.31L-ssec.5) If the park owner consents to the assignment, the park owner must sign both copies of the form of assignment and give them to the assignor.\n(sec.31L-ssec.6) If the park owner refuses to consent to the assignment, the park owner must— return both copies of the form of assignment to the assignor; and give the assignor notice of the decision and the reasons for it.\n(sec.31L-ssec.7) If, within 28 days after receiving the request, the park owner does not consent to the assignment, the park owner is taken to have refused to consent to the assignment.\n- (a) return both copies of the form of assignment to the assignor; and\n- (b) give the assignor notice of the decision and the reasons for it.","sortOrder":84},{"sectionNumber":"sec.31M","sectionType":"section","heading":"Dispute resolution and application to tribunal about refusal to consent to assignment","content":"### sec.31M Dispute resolution and application to tribunal about refusal to consent to assignment\n\nThis section applies if the park owner refuses to consent to the proposed assignment of the assignor’s interest in the site agreement under section 31L .\nThe assignor may, subject to section 116 , apply to the tribunal for an order (an assignment order ) that the park owner consent to the assignment of the assignor’s interest in the site agreement to the assignee on or before the day (the consent day ) stated in the order.\nThe tribunal may make an assignment order if satisfied the park owner has unreasonably refused to consent to the assignment.\nIf the tribunal makes an assignment order, the park owner must, on or before the consent day, sign both copies of the form of assignment and return them to the assignor.\nMaximum penalty—20 penalty units.\nIf the park owner fails to comply with subsection (4) , the park owner is taken to have consented to the assignment on the consent day.\ns 31M ins 2024 No. 28 s 33\n(sec.31M-ssec.1) This section applies if the park owner refuses to consent to the proposed assignment of the assignor’s interest in the site agreement under section 31L .\n(sec.31M-ssec.2) The assignor may, subject to section 116 , apply to the tribunal for an order (an assignment order ) that the park owner consent to the assignment of the assignor’s interest in the site agreement to the assignee on or before the day (the consent day ) stated in the order.\n(sec.31M-ssec.3) The tribunal may make an assignment order if satisfied the park owner has unreasonably refused to consent to the assignment.\n(sec.31M-ssec.4) If the tribunal makes an assignment order, the park owner must, on or before the consent day, sign both copies of the form of assignment and return them to the assignor. Maximum penalty—20 penalty units.\n(sec.31M-ssec.5) If the park owner fails to comply with subsection (4) , the park owner is taken to have consented to the assignment on the consent day.","sortOrder":85},{"sectionNumber":"pt.6","sectionType":"part","heading":"Termination of site agreements","content":"# Termination of site agreements","sortOrder":86},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":87},{"sectionNumber":"sec.32","sectionType":"section","heading":"No other way of terminating site agreement","content":"### sec.32 No other way of terminating site agreement\n\nA site agreement may be terminated only under this part or part 8 .","sortOrder":88},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Termination within cooling-off period","content":"## Termination within cooling-off period","sortOrder":89},{"sectionNumber":"sec.33","sectionType":"section","heading":"Cooling-off period","content":"### sec.33 Cooling-off period\n\nThis section applies if the park owner for a residential park and a prospective home owner for a site enter into a site agreement for the site.\nThe home owner may, within the cooling-off period, terminate the site agreement by giving a signed notice of the termination to—\nthe park owner; and\nif the home owner has granted a person a security interest in the manufactured home positioned on the site—that person.\nThe notice must state the day, within 28 days after the notice is given, the termination is effective (the termination day ).\nThe home owner may terminate the agreement under subsection (2) even though—\nthe home owner has affirmed the agreement; and\nthe agreement has been fully executed.\nIf the agreement is terminated under subsection (2) , the home owner is not liable to pay any amount otherwise payable under the agreement by the home owner to the park owner.\nIf the agreement is terminated under subsection (2) , the park owner must, within 14 days after the termination day, refund any amount received under the agreement from the home owner.\nMaximum penalty—100 penalty units.\nAn amount payable to the home owner under subsection (6) is recoverable as a debt.\nIn this section—\ncooling-off period means the following period after the day the last person signed the site agreement—\nif the park owner has not given the prospective home owner the disclosure documents for the site as required under section 29 —28 days;\notherwise—7 days.\ns 33 amd 2017 No. 42 s 22\n(sec.33-ssec.1) This section applies if the park owner for a residential park and a prospective home owner for a site enter into a site agreement for the site.\n(sec.33-ssec.2) The home owner may, within the cooling-off period, terminate the site agreement by giving a signed notice of the termination to— the park owner; and if the home owner has granted a person a security interest in the manufactured home positioned on the site—that person.\n(sec.33-ssec.3) The notice must state the day, within 28 days after the notice is given, the termination is effective (the termination day ).\n(sec.33-ssec.4) The home owner may terminate the agreement under subsection (2) even though— the home owner has affirmed the agreement; and the agreement has been fully executed.\n(sec.33-ssec.5) If the agreement is terminated under subsection (2) , the home owner is not liable to pay any amount otherwise payable under the agreement by the home owner to the park owner.\n(sec.33-ssec.6) If the agreement is terminated under subsection (2) , the park owner must, within 14 days after the termination day, refund any amount received under the agreement from the home owner. Maximum penalty—100 penalty units.\n(sec.33-ssec.7) An amount payable to the home owner under subsection (6) is recoverable as a debt.\n(sec.33-ssec.8) In this section— cooling-off period means the following period after the day the last person signed the site agreement— if the park owner has not given the prospective home owner the disclosure documents for the site as required under section 29 —28 days; otherwise—7 days.\n- (a) the park owner; and\n- (b) if the home owner has granted a person a security interest in the manufactured home positioned on the site—that person.\n- (a) the home owner has affirmed the agreement; and\n- (b) the agreement has been fully executed.\n- (a) if the park owner has not given the prospective home owner the disclosure documents for the site as required under section 29 —28 days;\n- (b) otherwise—7 days.","sortOrder":90},{"sectionNumber":"sec.34","sectionType":"section","heading":"Automatic ending of sale agreement","content":"### sec.34 Automatic ending of sale agreement\n\nThis section applies in relation to a site agreement if—\nin conjunction with the site agreement, a prospective home owner and the seller of a manufactured home positioned on a site in the residential park enter into an agreement (the sale agreement ) for the sale of the manufactured home to the home owner; and\nthe home owner terminates the site agreement under section 33 .\nThe sale agreement is taken to be at an end on the day the termination of the site agreement is effective.\nAlso, on the ending of the sale agreement under subsection (2) , ownership of the home reverts to the seller.\nSubsections (2) and (3) apply even though—\nthe home owner has affirmed the sale agreement; and\nthe sale agreement has been fully executed.\nSubsection (4B) applies if the home owner has granted a person (a financier ) a security interest in the home and the financier has been given notice of the termination of the site agreement under section 33 (2) or otherwise knows about the termination.\nThe financier must, within 7 days after the ending of the sale agreement under subsection (2) , give the seller a notice stating the amount owing under the security interest.\nThe seller must, within the refund period, pay the refundable amount as follows—\nfirst, if all or part of the refundable amount is owing to a financier under a security interest in the home—in payment of the amount owing under the security interest;\nsecond, in payment of any balance to the home owner.\nMaximum penalty—100 penalty units.\nFor subsection (5) (a) , the amount owing under the security interest is the amount stated in a notice given by the financier to the seller.\nA term in the sale agreement is void to the extent it purports to exclude, change or restrict the operation of subsection (5) .\nIn this section—\nrefundable amount means the total of the following—\nthe amount paid to the seller, or at the seller’s direction, under the sale agreement;\nif the seller is the park owner and the park owner did not give the home owner the disclosure documents for the site as required under section 29 —the amount of any expenses reasonably incurred by the home owner arising out of or incidental to the sale agreement.\nrefund period means the period—\nif subsection (5) (a) applies, starting—\nwhen the financier gives the seller the notice as required under subsection (4B) ; or\n7 days after the ending of the sale agreement under subsection (2) ; and\nending at the end of the day that is 14 days after the ending of the sale agreement under subsection (2) .\ns 34 amd 2005 No. 14 s 2 sch ; 2010 No. 44 s 118 ; 2017 No. 42 s 23 ; 2024 No. 28 s 33A\n(sec.34-ssec.1) This section applies in relation to a site agreement if— in conjunction with the site agreement, a prospective home owner and the seller of a manufactured home positioned on a site in the residential park enter into an agreement (the sale agreement ) for the sale of the manufactured home to the home owner; and the home owner terminates the site agreement under section 33 .\n(sec.34-ssec.2) The sale agreement is taken to be at an end on the day the termination of the site agreement is effective.\n(sec.34-ssec.3) Also, on the ending of the sale agreement under subsection (2) , ownership of the home reverts to the seller.\n(sec.34-ssec.4) Subsections (2) and (3) apply even though— the home owner has affirmed the sale agreement; and the sale agreement has been fully executed.\n(sec.34-ssec.4A) Subsection (4B) applies if the home owner has granted a person (a financier ) a security interest in the home and the financier has been given notice of the termination of the site agreement under section 33 (2) or otherwise knows about the termination.\n(sec.34-ssec.4B) The financier must, within 7 days after the ending of the sale agreement under subsection (2) , give the seller a notice stating the amount owing under the security interest.\n(sec.34-ssec.5) The seller must, within the refund period, pay the refundable amount as follows— first, if all or part of the refundable amount is owing to a financier under a security interest in the home—in payment of the amount owing under the security interest; second, in payment of any balance to the home owner. Maximum penalty—100 penalty units.\n(sec.34-ssec.5A) For subsection (5) (a) , the amount owing under the security interest is the amount stated in a notice given by the financier to the seller.\n(sec.34-ssec.6) A term in the sale agreement is void to the extent it purports to exclude, change or restrict the operation of subsection (5) .\n(sec.34-ssec.7) In this section— refundable amount means the total of the following— the amount paid to the seller, or at the seller’s direction, under the sale agreement; if the seller is the park owner and the park owner did not give the home owner the disclosure documents for the site as required under section 29 —the amount of any expenses reasonably incurred by the home owner arising out of or incidental to the sale agreement. refund period means the period— if subsection (5) (a) applies, starting— when the financier gives the seller the notice as required under subsection (4B) ; or 7 days after the ending of the sale agreement under subsection (2) ; and ending at the end of the day that is 14 days after the ending of the sale agreement under subsection (2) .\n- (a) in conjunction with the site agreement, a prospective home owner and the seller of a manufactured home positioned on a site in the residential park enter into an agreement (the sale agreement ) for the sale of the manufactured home to the home owner; and\n- (b) the home owner terminates the site agreement under section 33 .\n- (a) the home owner has affirmed the sale agreement; and\n- (b) the sale agreement has been fully executed.\n- (a) first, if all or part of the refundable amount is owing to a financier under a security interest in the home—in payment of the amount owing under the security interest;\n- (b) second, in payment of any balance to the home owner.\n- (a) the amount paid to the seller, or at the seller’s direction, under the sale agreement;\n- (b) if the seller is the park owner and the park owner did not give the home owner the disclosure documents for the site as required under section 29 —the amount of any expenses reasonably incurred by the home owner arising out of or incidental to the sale agreement.\n- (a) if subsection (5) (a) applies, starting— (i) when the financier gives the seller the notice as required under subsection (4B) ; or (ii) 7 days after the ending of the sale agreement under subsection (2) ; and\n- (i) when the financier gives the seller the notice as required under subsection (4B) ; or\n- (ii) 7 days after the ending of the sale agreement under subsection (2) ; and\n- (b) ending at the end of the day that is 14 days after the ending of the sale agreement under subsection (2) .\n- (i) when the financier gives the seller the notice as required under subsection (4B) ; or\n- (ii) 7 days after the ending of the sale agreement under subsection (2) ; and","sortOrder":91},{"sectionNumber":"sec.35","sectionType":"section","heading":"Compensation may be payable to home owner","content":"### sec.35 Compensation may be payable to home owner\n\nThis section applies if—\nthe home owner under a site agreement terminates the agreement under section 33 ; and\nthe park owner has not given the prospective home owner the disclosure documents for the site as required under section 29 ; and\nthe home owner removes the manufactured home positioned by the home owner on the site from the site and relocates it to another place; and\nthe home owner and park owner do not agree about compensation payable to the home owner for the removal and relocation of the home.\nThe home owner may, subject to section 116 , apply to the tribunal for an order under subsection (3) .\nOn application by the home owner, the tribunal may make an order (the compensation order ) that the park owner pay the home owner an amount of compensation to cover the reasonable costs of removing the home from the site and relocating it to another place.\nThe application must be made within 6 months after the termination of the agreement is effective.\nIn making the compensation order, the tribunal may have regard to the following—\nthe costs of removing the home from the site;\nthe costs of transporting the home and the home owner’s personal effects to the other location;\nthe costs of positioning the home at the other location;\nthe costs of repairing any damage to the home arising from its removal and relocation;\nwhether the home owner has taken all reasonable steps to mitigate the costs of removal and relocation.\nIn making the compensation order, the tribunal may only make an allowance for the costs mentioned in subsection (5) (b) —\nif the distance of transport was less than 300km—relating to the actual distance of transport; or\nif the distance of transport was 300km or more—relating to a distance of transport of 300km.\nThe compensation order must not be for an amount that is more than the market value of the home.\nIn conjunction with the compensation order, the tribunal may make any other order the tribunal considers appropriate.\ns 35 amd 2017 No. 42 s 24\n(sec.35-ssec.1) This section applies if— the home owner under a site agreement terminates the agreement under section 33 ; and the park owner has not given the prospective home owner the disclosure documents for the site as required under section 29 ; and the home owner removes the manufactured home positioned by the home owner on the site from the site and relocates it to another place; and the home owner and park owner do not agree about compensation payable to the home owner for the removal and relocation of the home.\n(sec.35-ssec.2) The home owner may, subject to section 116 , apply to the tribunal for an order under subsection (3) .\n(sec.35-ssec.3) On application by the home owner, the tribunal may make an order (the compensation order ) that the park owner pay the home owner an amount of compensation to cover the reasonable costs of removing the home from the site and relocating it to another place.\n(sec.35-ssec.4) The application must be made within 6 months after the termination of the agreement is effective.\n(sec.35-ssec.5) In making the compensation order, the tribunal may have regard to the following— the costs of removing the home from the site; the costs of transporting the home and the home owner’s personal effects to the other location; the costs of positioning the home at the other location; the costs of repairing any damage to the home arising from its removal and relocation; whether the home owner has taken all reasonable steps to mitigate the costs of removal and relocation.\n(sec.35-ssec.6) In making the compensation order, the tribunal may only make an allowance for the costs mentioned in subsection (5) (b) — if the distance of transport was less than 300km—relating to the actual distance of transport; or if the distance of transport was 300km or more—relating to a distance of transport of 300km.\n(sec.35-ssec.7) The compensation order must not be for an amount that is more than the market value of the home.\n(sec.35-ssec.8) In conjunction with the compensation order, the tribunal may make any other order the tribunal considers appropriate.\n- (a) the home owner under a site agreement terminates the agreement under section 33 ; and\n- (b) the park owner has not given the prospective home owner the disclosure documents for the site as required under section 29 ; and\n- (c) the home owner removes the manufactured home positioned by the home owner on the site from the site and relocates it to another place; and\n- (d) the home owner and park owner do not agree about compensation payable to the home owner for the removal and relocation of the home.\n- (a) the costs of removing the home from the site;\n- (b) the costs of transporting the home and the home owner’s personal effects to the other location;\n- (c) the costs of positioning the home at the other location;\n- (d) the costs of repairing any damage to the home arising from its removal and relocation;\n- (e) whether the home owner has taken all reasonable steps to mitigate the costs of removal and relocation.\n- (a) if the distance of transport was less than 300km—relating to the actual distance of transport; or\n- (b) if the distance of transport was 300km or more—relating to a distance of transport of 300km.","sortOrder":92},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Termination of site agreement in other circumstances","content":"## Termination of site agreement in other circumstances","sortOrder":93},{"sectionNumber":"sec.35A","sectionType":"section","heading":"Definitions for division","content":"### sec.35A Definitions for division\n\nIn this division—\ncompensation order see section 39C (2) .\ntermination day see section 39A (1) .\ntermination order see sections 38 (1) and 39 (3) .\ns 35A ins 2024 No. 28 s 6","sortOrder":94},{"sectionNumber":"sec.36","sectionType":"section","heading":"Termination of site agreement by agreement between home owner and park owner","content":"### sec.36 Termination of site agreement by agreement between home owner and park owner\n\nThe parties to a site agreement may agree, in the approved form, to terminate the site agreement.\nIf a site agreement is terminated under subsection (1) , the home owner must give the park owner vacant possession of the site on or before the day it is agreed by the parties the termination is effective.\nThe park owner under a site agreement must not coerce, or attempt to coerce, the home owner to agree to terminate the agreement under subsection (1) .\nMaximum penalty—200 penalty units.\nA park owner must not—\nenter into a prohibited agreement; or\nvary a site agreement to include a term under which the parties to the site agreement agree to terminate the site agreement.\nMaximum penalty—200 penalty units.\nA prohibited agreement is void.\nA variation of a site agreement as mentioned in subsection (4) (b) is void.\ns 36 amd 2010 No. 46 s 11\n(sec.36-ssec.1) The parties to a site agreement may agree, in the approved form, to terminate the site agreement.\n(sec.36-ssec.2) If a site agreement is terminated under subsection (1) , the home owner must give the park owner vacant possession of the site on or before the day it is agreed by the parties the termination is effective.\n(sec.36-ssec.3) The park owner under a site agreement must not coerce, or attempt to coerce, the home owner to agree to terminate the agreement under subsection (1) . Maximum penalty—200 penalty units.\n(sec.36-ssec.4) A park owner must not— enter into a prohibited agreement; or vary a site agreement to include a term under which the parties to the site agreement agree to terminate the site agreement. Maximum penalty—200 penalty units.\n(sec.36-ssec.5) A prohibited agreement is void.\n(sec.36-ssec.6) A variation of a site agreement as mentioned in subsection (4) (b) is void.\n- (a) enter into a prohibited agreement; or\n- (b) vary a site agreement to include a term under which the parties to the site agreement agree to terminate the site agreement.","sortOrder":95},{"sectionNumber":"sec.37","sectionType":"section","heading":"Termination of site agreement by home owner","content":"### sec.37 Termination of site agreement by home owner\n\nThe home owner under a site agreement may terminate the agreement by notice, in the approved form, given to the park owner.\nThe notice must state the day, not later than 28 days after the notice is given, the agreement is terminated.\nThe home owner must give the park owner vacant possession of the site on or before the stated day.\n(sec.37-ssec.1) The home owner under a site agreement may terminate the agreement by notice, in the approved form, given to the park owner.\n(sec.37-ssec.2) The notice must state the day, not later than 28 days after the notice is given, the agreement is terminated.\n(sec.37-ssec.3) The home owner must give the park owner vacant possession of the site on or before the stated day.","sortOrder":96},{"sectionNumber":"sec.38","sectionType":"section","heading":"Termination of site agreement by tribunal—conduct of home owner etc.","content":"### sec.38 Termination of site agreement by tribunal—conduct of home owner etc.\n\nOn application by the park owner under a site agreement, the tribunal may make an order (a termination order ) terminating the agreement on any of the following grounds—\nthe home owner—\nhas contravened a term of the agreement; and\nhas failed to remedy the contravention after being given by the park owner a notice, in the approved form, requiring the home owner to remedy the contravention within 28 days after the notice is given;\nthe home owner has assaulted a person who was lawfully in the residential park;\nthe home owner has wilfully destroyed property, other than the home owner’s property, on the residential park or site;\nthe home owner is using the site other than as a place of residence;\nthe home owner using the site as rental accommodation\nthe home owner, or the home owner’s tenant or guest—\nrepeatedly interferes, or has repeatedly interfered, with the quiet enjoyment of the residential park by the park’s residents; and\ncontinues, or has continued, the behaviour mentioned in subparagraph (i) after the park owner gives the home owner a notice, in the approved form, requiring the home owner to stop the behaviour.\nIn this section—\nassault includes threaten to assault, procure someone else to assault and attempt to assault.\ns 38 amd 2010 No. 46 s 12 ; 2024 No. 28 s 7\n(sec.38-ssec.1) On application by the park owner under a site agreement, the tribunal may make an order (a termination order ) terminating the agreement on any of the following grounds— the home owner— has contravened a term of the agreement; and has failed to remedy the contravention after being given by the park owner a notice, in the approved form, requiring the home owner to remedy the contravention within 28 days after the notice is given; the home owner has assaulted a person who was lawfully in the residential park; the home owner has wilfully destroyed property, other than the home owner’s property, on the residential park or site; the home owner is using the site other than as a place of residence; the home owner using the site as rental accommodation the home owner, or the home owner’s tenant or guest— repeatedly interferes, or has repeatedly interfered, with the quiet enjoyment of the residential park by the park’s residents; and continues, or has continued, the behaviour mentioned in subparagraph (i) after the park owner gives the home owner a notice, in the approved form, requiring the home owner to stop the behaviour.\n(sec.38-ssec.2) In this section— assault includes threaten to assault, procure someone else to assault and attempt to assault.\n- (a) the home owner— (i) has contravened a term of the agreement; and (ii) has failed to remedy the contravention after being given by the park owner a notice, in the approved form, requiring the home owner to remedy the contravention within 28 days after the notice is given;\n- (i) has contravened a term of the agreement; and\n- (ii) has failed to remedy the contravention after being given by the park owner a notice, in the approved form, requiring the home owner to remedy the contravention within 28 days after the notice is given;\n- (b) the home owner has assaulted a person who was lawfully in the residential park;\n- (c) the home owner has wilfully destroyed property, other than the home owner’s property, on the residential park or site;\n- (d) the home owner is using the site other than as a place of residence; Example of the home owner using the site as a place of residence— the home owner using the site as rental accommodation\n- (e) the home owner, or the home owner’s tenant or guest— (i) repeatedly interferes, or has repeatedly interfered, with the quiet enjoyment of the residential park by the park’s residents; and (ii) continues, or has continued, the behaviour mentioned in subparagraph (i) after the park owner gives the home owner a notice, in the approved form, requiring the home owner to stop the behaviour.\n- (i) repeatedly interferes, or has repeatedly interfered, with the quiet enjoyment of the residential park by the park’s residents; and\n- (ii) continues, or has continued, the behaviour mentioned in subparagraph (i) after the park owner gives the home owner a notice, in the approved form, requiring the home owner to stop the behaviour.\n- (i) has contravened a term of the agreement; and\n- (ii) has failed to remedy the contravention after being given by the park owner a notice, in the approved form, requiring the home owner to remedy the contravention within 28 days after the notice is given;\n- (i) repeatedly interferes, or has repeatedly interfered, with the quiet enjoyment of the residential park by the park’s residents; and\n- (ii) continues, or has continued, the behaviour mentioned in subparagraph (i) after the park owner gives the home owner a notice, in the approved form, requiring the home owner to stop the behaviour.","sortOrder":97},{"sectionNumber":"sec.39","sectionType":"section","heading":"Termination of site agreement by tribunal—residential park land to be used for other purpose","content":"### sec.39 Termination of site agreement by tribunal—residential park land to be used for other purpose\n\nThe park owner for a residential park may apply to the tribunal to terminate a site agreement on the ground the park owner wishes to use the residential park land, or a part of the residential park in which the site is located, for another purpose stated in the application (the stated purpose ).\nThe application must be accompanied by a document certified by the local government for the local government area in which the residential park is situated stating it is lawful for the residential park land, or a part of the residential park in which the site is located, to be used for the stated purpose.\nOn application by the park owner under this section, the tribunal may make an order (a termination order ) terminating the site agreement.\ns 39 amd 2010 No. 46 s 13\nsub 2024 No. 28 s 8\n(sec.39-ssec.1) The park owner for a residential park may apply to the tribunal to terminate a site agreement on the ground the park owner wishes to use the residential park land, or a part of the residential park in which the site is located, for another purpose stated in the application (the stated purpose ).\n(sec.39-ssec.2) The application must be accompanied by a document certified by the local government for the local government area in which the residential park is situated stating it is lawful for the residential park land, or a part of the residential park in which the site is located, to be used for the stated purpose.\n(sec.39-ssec.3) On application by the park owner under this section, the tribunal may make an order (a termination order ) terminating the site agreement.","sortOrder":98},{"sectionNumber":"sec.39A","sectionType":"section","heading":"Termination day for termination order","content":"### sec.39A Termination day for termination order\n\nA termination order in relation to a site agreement must state the day (the termination day ) the termination of the site agreement is effective.\nThe termination day must be a day, not later than 1 year after the day the termination order is made, that the tribunal considers just and equitable in the circumstances.\nthe home owner’s personal and financial circumstances, including the home owner’s health, age and mobility\nthe availability and location of alternative accommodation at a similar cost\nthe financial effect on the park owner of deferring the termination day\ns 39A ins 2024 No. 28 s 8\n(sec.39A-ssec.1) A termination order in relation to a site agreement must state the day (the termination day ) the termination of the site agreement is effective.\n(sec.39A-ssec.2) The termination day must be a day, not later than 1 year after the day the termination order is made, that the tribunal considers just and equitable in the circumstances. the home owner’s personal and financial circumstances, including the home owner’s health, age and mobility the availability and location of alternative accommodation at a similar cost the financial effect on the park owner of deferring the termination day\n- • the home owner’s personal and financial circumstances, including the home owner’s health, age and mobility\n- • the availability and location of alternative accommodation at a similar cost\n- • the financial effect on the park owner of deferring the termination day","sortOrder":99},{"sectionNumber":"sec.39B","sectionType":"section","heading":"Termination order must include order for vacant possession of site or transfer of manufactured home","content":"### sec.39B Termination order must include order for vacant possession of site or transfer of manufactured home\n\nA termination order in relation to a site agreement under which a manufactured home is positioned on the site must include 1 of the following orders—\nan order requiring the home owner to give the park owner vacant possession of the site on or before the termination day;\nan order requiring the home owner to do both of the following on or before the termination day—\ntransfer ownership of the manufactured home to the park owner;\ngive vacant possession of the manufactured home to the park owner.\nHowever, an order under subsection (1) (b) may be made only with the consent of the home owner.\nIn deciding whether to make an order under subsection (1) (a) or (b) , the tribunal must consider the following matters—\nthe cost and practicality of relocating the manufactured home to another location;\nsubmissions by the home owner about whether the home owner intends to relocate the manufactured home to another location;\nsubmissions by the park owner and the home owner about whether the manufactured home should be resold in the residential park;\nthe availability of alternative locations to position the manufactured home within a reasonable distance from the residential park;\nthe condition and saleability of the manufactured home, and the likelihood of the manufactured home being resold in the residential park;\nthe amount paid by the home owner for the manufactured home, and the amount of any reduction in the value of the home if the home owner is required to give vacant possession of the site;\nwhat the tribunal considers to be fair and reasonable in the circumstances.\nThe tribunal may make any other order the tribunal considers appropriate.\ns 39B ins 2024 No. 28 s 8\n(sec.39B-ssec.1) A termination order in relation to a site agreement under which a manufactured home is positioned on the site must include 1 of the following orders— an order requiring the home owner to give the park owner vacant possession of the site on or before the termination day; an order requiring the home owner to do both of the following on or before the termination day— transfer ownership of the manufactured home to the park owner; give vacant possession of the manufactured home to the park owner.\n(sec.39B-ssec.2) However, an order under subsection (1) (b) may be made only with the consent of the home owner.\n(sec.39B-ssec.3) In deciding whether to make an order under subsection (1) (a) or (b) , the tribunal must consider the following matters— the cost and practicality of relocating the manufactured home to another location; submissions by the home owner about whether the home owner intends to relocate the manufactured home to another location; submissions by the park owner and the home owner about whether the manufactured home should be resold in the residential park; the availability of alternative locations to position the manufactured home within a reasonable distance from the residential park; the condition and saleability of the manufactured home, and the likelihood of the manufactured home being resold in the residential park; the amount paid by the home owner for the manufactured home, and the amount of any reduction in the value of the home if the home owner is required to give vacant possession of the site; what the tribunal considers to be fair and reasonable in the circumstances.\n(sec.39B-ssec.4) The tribunal may make any other order the tribunal considers appropriate.\n- (a) an order requiring the home owner to give the park owner vacant possession of the site on or before the termination day;\n- (b) an order requiring the home owner to do both of the following on or before the termination day— (i) transfer ownership of the manufactured home to the park owner; (ii) give vacant possession of the manufactured home to the park owner.\n- (i) transfer ownership of the manufactured home to the park owner;\n- (ii) give vacant possession of the manufactured home to the park owner.\n- (i) transfer ownership of the manufactured home to the park owner;\n- (ii) give vacant possession of the manufactured home to the park owner.\n- (a) the cost and practicality of relocating the manufactured home to another location;\n- (b) submissions by the home owner about whether the home owner intends to relocate the manufactured home to another location;\n- (c) submissions by the park owner and the home owner about whether the manufactured home should be resold in the residential park;\n- (d) the availability of alternative locations to position the manufactured home within a reasonable distance from the residential park;\n- (e) the condition and saleability of the manufactured home, and the likelihood of the manufactured home being resold in the residential park;\n- (f) the amount paid by the home owner for the manufactured home, and the amount of any reduction in the value of the home if the home owner is required to give vacant possession of the site;\n- (g) what the tribunal considers to be fair and reasonable in the circumstances.","sortOrder":100},{"sectionNumber":"sec.39C","sectionType":"section","heading":"Compensation order","content":"### sec.39C Compensation order\n\nThis section applies if the tribunal makes a termination order under section 38 or 39 in relation to a site agreement.\nThe tribunal may, as well as making the termination order, make an order (a compensation order ) that the park owner pay the home owner compensation in relation to the termination of the site agreement.\nThe tribunal may have regard to the matters mentioned in subsection (4) or (5) in making the compensation order.\nIf the termination order includes an order under section 39B (1) (a) , the matters are as follows—\nthe estimated costs of dismantling the manufactured home from the site;\nthe estimated costs of transporting the manufactured home and the home owner’s personal effects to another location;\nthe estimated costs of positioning the manufactured home at another location;\nthe amount the home owner paid for the manufactured home;\nthe difference between the market value of the manufactured home if sold on site and the market value of the home if sold separately from the site;\nwhether the manufactured home was originally sold on site by the park owner, a former park owner or another entity involved in the development of the residential park;\nthe amount of any arrears in site rent owed by the home owner under the site agreement;\nwhat the tribunal considers is otherwise fair and reasonable in the circumstances;\nanything else the tribunal considers relevant.\nIf the termination order includes an order under section 39B (1) (b) , the matters are as follows—\nthe amount the home owner paid for the manufactured home;\nthe market value of the manufactured home if it is sold on site and the residential park remains operational;\nwhether the manufactured home was originally sold on site by the park owner, a former park owner or another entity involved in the development of the residential park;\nif the termination order is made under section 38 —the likely time and expense for the park owner to resell the home;\nwhat the tribunal considers is otherwise fair and reasonable in the circumstances;\nanything else the tribunal considers relevant.\nThe maximum distance for which transport costs mentioned in subsection (4) (b) may be allowed in the compensation order is the lesser of—\nthe estimated distance of the transport; or\n300km.\ns 39C ins 2024 No. 28 s 8\n(sec.39C-ssec.1) This section applies if the tribunal makes a termination order under section 38 or 39 in relation to a site agreement.\n(sec.39C-ssec.2) The tribunal may, as well as making the termination order, make an order (a compensation order ) that the park owner pay the home owner compensation in relation to the termination of the site agreement.\n(sec.39C-ssec.3) The tribunal may have regard to the matters mentioned in subsection (4) or (5) in making the compensation order.\n(sec.39C-ssec.4) If the termination order includes an order under section 39B (1) (a) , the matters are as follows— the estimated costs of dismantling the manufactured home from the site; the estimated costs of transporting the manufactured home and the home owner’s personal effects to another location; the estimated costs of positioning the manufactured home at another location; the amount the home owner paid for the manufactured home; the difference between the market value of the manufactured home if sold on site and the market value of the home if sold separately from the site; whether the manufactured home was originally sold on site by the park owner, a former park owner or another entity involved in the development of the residential park; the amount of any arrears in site rent owed by the home owner under the site agreement; what the tribunal considers is otherwise fair and reasonable in the circumstances; anything else the tribunal considers relevant.\n(sec.39C-ssec.5) If the termination order includes an order under section 39B (1) (b) , the matters are as follows— the amount the home owner paid for the manufactured home; the market value of the manufactured home if it is sold on site and the residential park remains operational; whether the manufactured home was originally sold on site by the park owner, a former park owner or another entity involved in the development of the residential park; if the termination order is made under section 38 —the likely time and expense for the park owner to resell the home; what the tribunal considers is otherwise fair and reasonable in the circumstances; anything else the tribunal considers relevant.\n(sec.39C-ssec.6) The maximum distance for which transport costs mentioned in subsection (4) (b) may be allowed in the compensation order is the lesser of— the estimated distance of the transport; or 300km.\n- (a) the estimated costs of dismantling the manufactured home from the site;\n- (b) the estimated costs of transporting the manufactured home and the home owner’s personal effects to another location;\n- (c) the estimated costs of positioning the manufactured home at another location;\n- (d) the amount the home owner paid for the manufactured home;\n- (e) the difference between the market value of the manufactured home if sold on site and the market value of the home if sold separately from the site;\n- (f) whether the manufactured home was originally sold on site by the park owner, a former park owner or another entity involved in the development of the residential park;\n- (g) the amount of any arrears in site rent owed by the home owner under the site agreement;\n- (h) what the tribunal considers is otherwise fair and reasonable in the circumstances;\n- (i) anything else the tribunal considers relevant.\n- (a) the amount the home owner paid for the manufactured home;\n- (b) the market value of the manufactured home if it is sold on site and the residential park remains operational;\n- (c) whether the manufactured home was originally sold on site by the park owner, a former park owner or another entity involved in the development of the residential park;\n- (d) if the termination order is made under section 38 —the likely time and expense for the park owner to resell the home;\n- (e) what the tribunal considers is otherwise fair and reasonable in the circumstances;\n- (f) anything else the tribunal considers relevant.\n- (a) the estimated distance of the transport; or\n- (b) 300km.","sortOrder":101},{"sectionNumber":"sec.39D","sectionType":"section","heading":"Compensation amount recoverable as debt","content":"### sec.39D Compensation amount recoverable as debt\n\nThe amount payable to a home owner under a compensation order is recoverable as a debt.\ns 39D ins 2024 No. 28 s 8","sortOrder":102},{"sectionNumber":"sec.39E","sectionType":"section","heading":"Appointment of valuer for making compensation order","content":"### sec.39E Appointment of valuer for making compensation order\n\nFor the purposes of making a compensation order, the tribunal may appoint an appropriately qualified and independent registered valuer to assist the tribunal to decide the market value of a manufactured home positioned on a site in a residential park.\nIf the tribunal appoints a valuer under subsection (1) , the park owner must pay the valuer’s costs of assisting the tribunal, including—\nthe costs of preparing any written valuation required by the tribunal; and\nthe fees and allowances for giving evidence, if required, in a proceeding.\nHowever, subsection (2) applies only if, before appointing the valuer, the tribunal—\ninforms the park owner of the amount the park owner is likely to be required to pay under subsection (2) ; and\ngives the park owner the opportunity to be heard on the matter of appointing the valuer.\ns 39E ins 2024 No. 28 s 8\n(sec.39E-ssec.1) For the purposes of making a compensation order, the tribunal may appoint an appropriately qualified and independent registered valuer to assist the tribunal to decide the market value of a manufactured home positioned on a site in a residential park.\n(sec.39E-ssec.2) If the tribunal appoints a valuer under subsection (1) , the park owner must pay the valuer’s costs of assisting the tribunal, including— the costs of preparing any written valuation required by the tribunal; and the fees and allowances for giving evidence, if required, in a proceeding.\n(sec.39E-ssec.3) However, subsection (2) applies only if, before appointing the valuer, the tribunal— informs the park owner of the amount the park owner is likely to be required to pay under subsection (2) ; and gives the park owner the opportunity to be heard on the matter of appointing the valuer.\n- (a) the costs of preparing any written valuation required by the tribunal; and\n- (b) the fees and allowances for giving evidence, if required, in a proceeding.\n- (a) informs the park owner of the amount the park owner is likely to be required to pay under subsection (2) ; and\n- (b) gives the park owner the opportunity to be heard on the matter of appointing the valuer.","sortOrder":103},{"sectionNumber":"sec.40","sectionType":"section","heading":null,"content":"### Section sec.40\n\ns 40 amd 2010 No. 46 s 14\nom 2024 No. 28 s 8","sortOrder":104},{"sectionNumber":"sec.40A","sectionType":"section","heading":"Other orders","content":"### sec.40A Other orders\n\nThis section applies if the tribunal makes a termination order under section 39 in relation to a site agreement.\nWith the consent of the home owner, the tribunal may order the park owner to make a comparable site within the park available to the home owner for the positioning of the manufactured home.\nHowever, the tribunal can not make an order under subsection (2) if the tribunal is satisfied there is no comparable site available.\nIf the tribunal makes an order under subsection (2) , the tribunal—\nmust make an order varying the site agreement to identify the comparable site; and\nmay make any other order, including an order varying the site agreement in another way, the tribunal considers appropriate in relation to the comparable site.\nSubsection (2) does not prevent a compensation order being made in favour of the home owner.\ns 40A ins 2010 No. 46 s 15\namd 2024 No. 28 s 9\n(sec.40A-ssec.1) This section applies if the tribunal makes a termination order under section 39 in relation to a site agreement.\n(sec.40A-ssec.2) With the consent of the home owner, the tribunal may order the park owner to make a comparable site within the park available to the home owner for the positioning of the manufactured home.\n(sec.40A-ssec.3) However, the tribunal can not make an order under subsection (2) if the tribunal is satisfied there is no comparable site available.\n(sec.40A-ssec.4) If the tribunal makes an order under subsection (2) , the tribunal— must make an order varying the site agreement to identify the comparable site; and may make any other order, including an order varying the site agreement in another way, the tribunal considers appropriate in relation to the comparable site.\n(sec.40A-ssec.5) Subsection (2) does not prevent a compensation order being made in favour of the home owner.\n- (a) must make an order varying the site agreement to identify the comparable site; and\n- (b) may make any other order, including an order varying the site agreement in another way, the tribunal considers appropriate in relation to the comparable site.","sortOrder":105},{"sectionNumber":"sec.40B","sectionType":"section","heading":"Extension of period for complying with termination order","content":"### sec.40B Extension of period for complying with termination order\n\nThis section applies if the tribunal has made a termination order in relation to a site agreement.\nThe home owner may apply to the tribunal, before the termination day, for an order extending—\nthe period for complying with an order made under section 39B (1) (a) or (b) ; or\nthe period for complying with another order made by the tribunal in the termination order.\nOn the making of an application under subsection (2) , the termination order is suspended until the application is decided.\nThe tribunal may—\nextend the period mentioned in subsection (2) (a) or (b) by the period (the extension period ) the tribunal considers reasonable; and\nmake any other order the tribunal considers appropriate.\nIf the tribunal makes an order under subsection (4) (a) , the termination day under the termination order is taken to be changed to the last day of the extension period.\ns 40B ins 2024 No. 28 s 10\n(sec.40B-ssec.1) This section applies if the tribunal has made a termination order in relation to a site agreement.\n(sec.40B-ssec.2) The home owner may apply to the tribunal, before the termination day, for an order extending— the period for complying with an order made under section 39B (1) (a) or (b) ; or the period for complying with another order made by the tribunal in the termination order.\n(sec.40B-ssec.3) On the making of an application under subsection (2) , the termination order is suspended until the application is decided.\n(sec.40B-ssec.4) The tribunal may— extend the period mentioned in subsection (2) (a) or (b) by the period (the extension period ) the tribunal considers reasonable; and make any other order the tribunal considers appropriate.\n(sec.40B-ssec.5) If the tribunal makes an order under subsection (4) (a) , the termination day under the termination order is taken to be changed to the last day of the extension period.\n- (a) the period for complying with an order made under section 39B (1) (a) or (b) ; or\n- (b) the period for complying with another order made by the tribunal in the termination order.\n- (a) extend the period mentioned in subsection (2) (a) or (b) by the period (the extension period ) the tribunal considers reasonable; and\n- (b) make any other order the tribunal considers appropriate.","sortOrder":106},{"sectionNumber":"sec.41","sectionType":"section","heading":"Apportioning payments on termination of site agreement","content":"### sec.41 Apportioning payments on termination of site agreement\n\nIf a site agreement is terminated under this division, the home owner is not liable to pay to the park owner a part of a payment payable under the agreement that relates to a period after the day the termination is effective.\nIf a site agreement is terminated under this division, the park owner must, within 14 days after the termination is effective, refund to the home owner a part of any payment received under the agreement from the home owner that relates to a period after the day the termination is effective.\nMaximum penalty—100 penalty units.\nAn amount payable to the home owner under subsection (2) is recoverable as a debt.\n(sec.41-ssec.1) If a site agreement is terminated under this division, the home owner is not liable to pay to the park owner a part of a payment payable under the agreement that relates to a period after the day the termination is effective.\n(sec.41-ssec.2) If a site agreement is terminated under this division, the park owner must, within 14 days after the termination is effective, refund to the home owner a part of any payment received under the agreement from the home owner that relates to a period after the day the termination is effective. Maximum penalty—100 penalty units.\n(sec.41-ssec.3) An amount payable to the home owner under subsection (2) is recoverable as a debt.","sortOrder":107},{"sectionNumber":"pt.7","sectionType":"part","heading":null,"content":"","sortOrder":108},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":null,"content":"","sortOrder":109},{"sectionNumber":"sec.42","sectionType":"section","heading":null,"content":"### Section sec.42\n\ns 42 om 2024 No. 28 s 34","sortOrder":110},{"sectionNumber":"sec.43","sectionType":"section","heading":null,"content":"### Section sec.43\n\ns 43 om 2024 No. 28 s 34","sortOrder":111},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":null,"content":"","sortOrder":112},{"sectionNumber":"sec.44","sectionType":"section","heading":null,"content":"### Section sec.44\n\ns 44 sub 2017 No. 42 s 25\nom 2024 No. 28 s 34","sortOrder":113},{"sectionNumber":"sec.45","sectionType":"section","heading":null,"content":"### Section sec.45\n\ns 45 amd 2010 No. 46 s 16 ; 2017 No. 42 s 26\nom 2024 No. 28 s 34","sortOrder":114},{"sectionNumber":"sec.45A","sectionType":"section","heading":null,"content":"### Section sec.45A\n\ns 45A ins 2017 No. 42 s 27\nom 2024 No. 28 s 34","sortOrder":115},{"sectionNumber":"sec.46","sectionType":"section","heading":null,"content":"### Section sec.46\n\ns 46 amd 2017 No. 42 s 28\nom 2024 No. 28 s 34","sortOrder":116},{"sectionNumber":"sec.47","sectionType":"section","heading":null,"content":"### Section sec.47\n\ns 47 om 2024 No. 28 s 34","sortOrder":117},{"sectionNumber":"sec.48","sectionType":"section","heading":null,"content":"### Section sec.48\n\ns 48 om 2024 No. 28 s 34","sortOrder":118},{"sectionNumber":"sec.48A","sectionType":"section","heading":null,"content":"### Section sec.48A\n\ns 48A ins 2017 No. 42 s 29\nom 2024 No. 28 s 34","sortOrder":119},{"sectionNumber":"sec.48B","sectionType":"section","heading":null,"content":"### Section sec.48B\n\ns 48B ins 2017 No. 42 s 29\nom 2024 No. 28 s 34","sortOrder":120},{"sectionNumber":"sec.49","sectionType":"section","heading":null,"content":"### Section sec.49\n\ns 49 amd 2005 No. 14 s 2 sch ; 2010 No. 46 s 17 ; 2017 No. 42 s 30\nom 2024 No. 28 s 34","sortOrder":121},{"sectionNumber":"sec.50","sectionType":"section","heading":null,"content":"### Section sec.50\n\ns 50 sub 2005 No. 14 s 2 sch\namd 2009 No. 24 s 658 ; 2017 No. 42 s 31\nom 2024 No. 28 s 34","sortOrder":122},{"sectionNumber":"sec.51","sectionType":"section","heading":null,"content":"### Section sec.51\n\ns 51 om 2024 No. 28 s 34","sortOrder":123},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":null,"content":"","sortOrder":124},{"sectionNumber":"sec.51A","sectionType":"section","heading":null,"content":"### Section sec.51A\n\ns 51A ins 2017 No. 42 s 32\nom 2024 No. 28 s 34","sortOrder":125},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":null,"content":"","sortOrder":126},{"sectionNumber":"sec.51B","sectionType":"section","heading":null,"content":"### Section sec.51B\n\ns 51B ins 2017 No. 42 s 32\nom 2024 No. 28 s 34","sortOrder":127},{"sectionNumber":"sec.51C","sectionType":"section","heading":null,"content":"### Section sec.51C\n\ns 51C ins 2017 No. 42 s 32\nom 2024 No. 28 s 34","sortOrder":128},{"sectionNumber":"sec.51D","sectionType":"section","heading":null,"content":"### Section sec.51D\n\ns 51D ins 2017 No. 42 s 32\nom 2024 No. 28 s 34","sortOrder":129},{"sectionNumber":"sec.51E","sectionType":"section","heading":null,"content":"### Section sec.51E\n\ns 51E ins 2017 No. 42 s 32\nom 2024 No. 28 s 34","sortOrder":130},{"sectionNumber":"pt.8","sectionType":"part","heading":"Abandonment of manufactured homes","content":"# Abandonment of manufactured homes","sortOrder":131},{"sectionNumber":"sec.52","sectionType":"section","heading":"Abandonment order","content":"### sec.52 Abandonment order\n\nSubsection (3) applies if the park owner under a site agreement reasonably believes the home owner has abandoned the manufactured home positioned on the site.\nSubsection (3) also applies if the park owner under a terminated site agreement reasonably believes the home owner under the agreement has abandoned the manufactured home positioned on the site.\nOn application by the park owner, the tribunal may make an order (the abandonment order ) declaring that the home owner has abandoned the home and the day the home was abandoned.\nThe following provisions have effect on the day stated in the abandonment order as the day the home was abandoned—\nthe home owner is taken to have abandoned the home;\nunless the agreement is a terminated site agreement, the agreement is taken to have been terminated.\nIn deciding whether to make the abandonment order, the tribunal may have regard to the following—\nwhether site rent payable under the agreement is unpaid;\nwhether the home is unoccupied and neglected;\nwhether the agreement has already been terminated under part 6 ;\nwhether the home owner’s mail is being collected;\nreports from neighbours of the home owner, or from other persons, about the whereabouts or absence of the home owner;\nwhether utilities supplied to, or used at, the home have been disconnected;\nwhether the home owner’s personal effects have been removed from the home;\nanything else the tribunal considers relevant.\nIn conjunction with the abandonment order, the tribunal may do any of the following—\nby order (a sale order ), authorise the park owner, in the way and on any conditions stated in the order, to sell the home or the home owner’s personal effects in the home or on the site;\norder the home owner to pay to the park owner any amount payable under the agreement up to the day the agreement is taken to have been terminated under subsection (4) (b) (the termination payment );\nmake any other order the tribunal considers appropriate.\nAn amount payable to the park owner under subsection (6) (b) is recoverable as a debt.\nThe park owner must not sell the home to which the abandonment order relates, or the home owner’s personal effects in the home or on the site, unless the tribunal authorises the park owner to sell the home or personal effects under subsection (6) (a) .\nMaximum penalty—100 penalty units.\nIn this section—\nterminated site agreement means a site agreement terminated under part 6 , division 3 .\n(sec.52-ssec.1) Subsection (3) applies if the park owner under a site agreement reasonably believes the home owner has abandoned the manufactured home positioned on the site.\n(sec.52-ssec.2) Subsection (3) also applies if the park owner under a terminated site agreement reasonably believes the home owner under the agreement has abandoned the manufactured home positioned on the site.\n(sec.52-ssec.3) On application by the park owner, the tribunal may make an order (the abandonment order ) declaring that the home owner has abandoned the home and the day the home was abandoned.\n(sec.52-ssec.4) The following provisions have effect on the day stated in the abandonment order as the day the home was abandoned— the home owner is taken to have abandoned the home; unless the agreement is a terminated site agreement, the agreement is taken to have been terminated.\n(sec.52-ssec.5) In deciding whether to make the abandonment order, the tribunal may have regard to the following— whether site rent payable under the agreement is unpaid; whether the home is unoccupied and neglected; whether the agreement has already been terminated under part 6 ; whether the home owner’s mail is being collected; reports from neighbours of the home owner, or from other persons, about the whereabouts or absence of the home owner; whether utilities supplied to, or used at, the home have been disconnected; whether the home owner’s personal effects have been removed from the home; anything else the tribunal considers relevant.\n(sec.52-ssec.6) In conjunction with the abandonment order, the tribunal may do any of the following— by order (a sale order ), authorise the park owner, in the way and on any conditions stated in the order, to sell the home or the home owner’s personal effects in the home or on the site; order the home owner to pay to the park owner any amount payable under the agreement up to the day the agreement is taken to have been terminated under subsection (4) (b) (the termination payment ); make any other order the tribunal considers appropriate.\n(sec.52-ssec.7) An amount payable to the park owner under subsection (6) (b) is recoverable as a debt.\n(sec.52-ssec.8) The park owner must not sell the home to which the abandonment order relates, or the home owner’s personal effects in the home or on the site, unless the tribunal authorises the park owner to sell the home or personal effects under subsection (6) (a) . Maximum penalty—100 penalty units.\n(sec.52-ssec.9) In this section— terminated site agreement means a site agreement terminated under part 6 , division 3 .\n- (a) the home owner is taken to have abandoned the home;\n- (b) unless the agreement is a terminated site agreement, the agreement is taken to have been terminated.\n- (a) whether site rent payable under the agreement is unpaid;\n- (b) whether the home is unoccupied and neglected;\n- (c) whether the agreement has already been terminated under part 6 ;\n- (d) whether the home owner’s mail is being collected;\n- (e) reports from neighbours of the home owner, or from other persons, about the whereabouts or absence of the home owner;\n- (f) whether utilities supplied to, or used at, the home have been disconnected;\n- (g) whether the home owner’s personal effects have been removed from the home;\n- (h) anything else the tribunal considers relevant.\n- (a) by order (a sale order ), authorise the park owner, in the way and on any conditions stated in the order, to sell the home or the home owner’s personal effects in the home or on the site;\n- (b) order the home owner to pay to the park owner any amount payable under the agreement up to the day the agreement is taken to have been terminated under subsection (4) (b) (the termination payment );\n- (c) make any other order the tribunal considers appropriate.","sortOrder":132},{"sectionNumber":"sec.53","sectionType":"section","heading":"Sale of home or personal effects","content":"### sec.53 Sale of home or personal effects\n\nThis section applies if, under a sale order, a park owner is authorised to sell a manufactured home positioned on a site or a home owner’s personal effects.\nThe park owner does not incur any liability for selling the home or personal effects, or removing the personal effects from the home or site, if the park owner acts honestly and without negligence.\nA person who buys the home or personal effects acquires a good title to the home or personal effects, and the interest of anyone else in the home or personal effect ends, unless the person buying the home or personal effects did not act honestly in the purchase.\nThe park owner must not sell the home or personal effects to a prohibited person unless the tribunal authorises the sale under subsection (5) .\nMaximum penalty—100 penalty units.\nOn application by the park owner, the tribunal may make an order authorising the park owner to sell the home or personal effects to a prohibited person on the conditions, if any, stated in the order.\nIn this section—\nassociate , of the park owner, means an employee or relative of the park owner.\nprohibited person means the park owner or an associate of the park owner.\nrelative , of the park owner, includes someone connected to the park owner by a spousal relationship or step-relationship.\n(sec.53-ssec.1) This section applies if, under a sale order, a park owner is authorised to sell a manufactured home positioned on a site or a home owner’s personal effects.\n(sec.53-ssec.2) The park owner does not incur any liability for selling the home or personal effects, or removing the personal effects from the home or site, if the park owner acts honestly and without negligence.\n(sec.53-ssec.3) A person who buys the home or personal effects acquires a good title to the home or personal effects, and the interest of anyone else in the home or personal effect ends, unless the person buying the home or personal effects did not act honestly in the purchase.\n(sec.53-ssec.4) The park owner must not sell the home or personal effects to a prohibited person unless the tribunal authorises the sale under subsection (5) . Maximum penalty—100 penalty units.\n(sec.53-ssec.5) On application by the park owner, the tribunal may make an order authorising the park owner to sell the home or personal effects to a prohibited person on the conditions, if any, stated in the order.\n(sec.53-ssec.6) In this section— associate , of the park owner, means an employee or relative of the park owner. prohibited person means the park owner or an associate of the park owner. relative , of the park owner, includes someone connected to the park owner by a spousal relationship or step-relationship.","sortOrder":133},{"sectionNumber":"sec.54","sectionType":"section","heading":"Proceeds of sale","content":"### sec.54 Proceeds of sale\n\nThis section applies if, under a sale order, the park owner sells a manufactured home or a home owner’s personal effects.\nThe proceeds of the sale must be applied as follows—\nfirst, if there is an amount owing to a person under a security interest registered for the home or personal effects under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\nsecond, in payment of the reasonable costs of selling the home, or removing, storing and selling the personal effects;\nthird, in payment to the park owner of the amount of any termination payment;\nfourth, in payment of any balance to the home owner or, if the home owner can not be located, to the public trustee within 10 days after the sale.\nThe public trustee must pay an amount received under subsection (2) (d) into the unclaimed moneys fund (the fund ) kept under the Public Trustee Act 1978 .\ns 54 amd 2010 No. 44 s 119 ; 2024 No. 28 s 11\n(sec.54-ssec.1) This section applies if, under a sale order, the park owner sells a manufactured home or a home owner’s personal effects.\n(sec.54-ssec.2) The proceeds of the sale must be applied as follows— first, if there is an amount owing to a person under a security interest registered for the home or personal effects under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; second, in payment of the reasonable costs of selling the home, or removing, storing and selling the personal effects; third, in payment to the park owner of the amount of any termination payment; fourth, in payment of any balance to the home owner or, if the home owner can not be located, to the public trustee within 10 days after the sale.\n(sec.54-ssec.3) The public trustee must pay an amount received under subsection (2) (d) into the unclaimed moneys fund (the fund ) kept under the Public Trustee Act 1978 .\n- (a) first, if there is an amount owing to a person under a security interest registered for the home or personal effects under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\n- (b) second, in payment of the reasonable costs of selling the home, or removing, storing and selling the personal effects;\n- (c) third, in payment to the park owner of the amount of any termination payment;\n- (d) fourth, in payment of any balance to the home owner or, if the home owner can not be located, to the public trustee within 10 days after the sale.","sortOrder":134},{"sectionNumber":"sec.55","sectionType":"section","heading":"Payment of after-termination rent","content":"### sec.55 Payment of after-termination rent\n\nThis section applies if—\na site agreement is taken to have been terminated under section 52 (4) (b) ; and\nunder a sale order, the park owner sells the manufactured home positioned on the site or the home owner’s personal effects; and\nunder section 54 (3) , the public trustee pays proceeds from the sale into the fund.\nOn application to the tribunal by the park owner, the tribunal may make an order conferring on the park owner an entitlement to receive an amount paid into the fund under section 54 (3) , decided by the tribunal, on account of after-termination rent.\nOn making the application, the park owner must demonstrate to the tribunal that the park owner—\nacted as soon as is reasonably practicable to sell the home or personal effects; and\notherwise took all reasonable steps to mitigate the park owner’s loss of site rent that would have been payable under the agreement if it were still in force.\nIn deciding whether to make the order, or if it decides to make the order, in deciding the amount the park owner is entitled to receive, the tribunal must take into account the extent to which the park owner has complied with subsection (3) .\nIn this section—\nafter-termination rent means the total of site rent that would have been payable under the agreement, if it were still in force, from the day the agreement is taken to have been terminated under section 52 (4) (b) until the day the home or personal effects are sold.\n(sec.55-ssec.1) This section applies if— a site agreement is taken to have been terminated under section 52 (4) (b) ; and under a sale order, the park owner sells the manufactured home positioned on the site or the home owner’s personal effects; and under section 54 (3) , the public trustee pays proceeds from the sale into the fund.\n(sec.55-ssec.2) On application to the tribunal by the park owner, the tribunal may make an order conferring on the park owner an entitlement to receive an amount paid into the fund under section 54 (3) , decided by the tribunal, on account of after-termination rent.\n(sec.55-ssec.3) On making the application, the park owner must demonstrate to the tribunal that the park owner— acted as soon as is reasonably practicable to sell the home or personal effects; and otherwise took all reasonable steps to mitigate the park owner’s loss of site rent that would have been payable under the agreement if it were still in force.\n(sec.55-ssec.4) In deciding whether to make the order, or if it decides to make the order, in deciding the amount the park owner is entitled to receive, the tribunal must take into account the extent to which the park owner has complied with subsection (3) .\n(sec.55-ssec.5) In this section— after-termination rent means the total of site rent that would have been payable under the agreement, if it were still in force, from the day the agreement is taken to have been terminated under section 52 (4) (b) until the day the home or personal effects are sold.\n- (a) a site agreement is taken to have been terminated under section 52 (4) (b) ; and\n- (b) under a sale order, the park owner sells the manufactured home positioned on the site or the home owner’s personal effects; and\n- (c) under section 54 (3) , the public trustee pays proceeds from the sale into the fund.\n- (a) acted as soon as is reasonably practicable to sell the home or personal effects; and\n- (b) otherwise took all reasonable steps to mitigate the park owner’s loss of site rent that would have been payable under the agreement if it were still in force.","sortOrder":135},{"sectionNumber":"pt.9","sectionType":"part","heading":"Sale of manufactured home positioned on site","content":"# Sale of manufactured home positioned on site","sortOrder":136},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Home owner’s right to sell manufactured home","content":"## Home owner’s right to sell manufactured home","sortOrder":137},{"sectionNumber":"sec.55A","sectionType":"section","heading":"Definitions for division","content":"### sec.55A Definitions for division\n\nIn this division—\nbuyer means a person to whom a seller proposes to sell a manufactured home.\nseller means—\na home owner who owns a manufactured home that is positioned on a site in a residential park and who proposes to sell the home; or\nthe park owner for a residential park who owns a manufactured home that is positioned on a site in the residential park and who proposes to sell the home.\ns 55A ins 2024 No. 28 s 35\n- (a) a home owner who owns a manufactured home that is positioned on a site in a residential park and who proposes to sell the home; or\n- (b) the park owner for a residential park who owns a manufactured home that is positioned on a site in the residential park and who proposes to sell the home.","sortOrder":138},{"sectionNumber":"sec.56","sectionType":"section","heading":"Right to sell","content":"### sec.56 Right to sell\n\nThe home owner under a site agreement has the right to sell the manufactured home positioned on the site.","sortOrder":139},{"sectionNumber":"sec.56A","sectionType":"section","heading":"Giving notice of intention to sell manufactured home","content":"### sec.56A Giving notice of intention to sell manufactured home\n\nA home owner who owns a manufactured home positioned on a site in a residential park and who proposes to sell the home must give the park owner notice of the home owner’s intention to sell the home (a notice of intention to sell ).\nIf there is an approved form for the notice of intention to sell, the notice must be in the approved form.\nA park owner who is given a notice of intention to sell in relation to a manufactured home must, within 7 days after being given the notice, give the home owner a notice stating—\nwhether the park owner offers services for the sale of manufactured homes in the residential park ( seller services ); and\nthe site rent that will be payable by a new home owner under a site agreement for the site on which the manufactured home is positioned.\nUnder section 62P , it is a condition of joining the buyback and rent reduction scheme in relation to an eligible home that, if the notice given under this subsection states that the park owner offers seller services, the eligible home owner has appointed the park owner under a selling authority as mentioned in section 62P (1) (c) .\ns 56A ins 2024 No. 28 s 36\n(sec.56A-ssec.1) A home owner who owns a manufactured home positioned on a site in a residential park and who proposes to sell the home must give the park owner notice of the home owner’s intention to sell the home (a notice of intention to sell ).\n(sec.56A-ssec.2) If there is an approved form for the notice of intention to sell, the notice must be in the approved form.\n(sec.56A-ssec.3) A park owner who is given a notice of intention to sell in relation to a manufactured home must, within 7 days after being given the notice, give the home owner a notice stating— whether the park owner offers services for the sale of manufactured homes in the residential park ( seller services ); and the site rent that will be payable by a new home owner under a site agreement for the site on which the manufactured home is positioned. Under section 62P , it is a condition of joining the buyback and rent reduction scheme in relation to an eligible home that, if the notice given under this subsection states that the park owner offers seller services, the eligible home owner has appointed the park owner under a selling authority as mentioned in section 62P (1) (c) .\n- (a) whether the park owner offers services for the sale of manufactured homes in the residential park ( seller services ); and\n- (b) the site rent that will be payable by a new home owner under a site agreement for the site on which the manufactured home is positioned.","sortOrder":140},{"sectionNumber":"sec.56B","sectionType":"section","heading":"Requirements for sale agreement","content":"### sec.56B Requirements for sale agreement\n\nA seller must ensure an agreement for the sale to the buyer of a manufactured home positioned on a site in a residential park (a sale agreement )—\nincludes the information prescribed by regulation.\nMaximum penalty—5 penalty units.\nA seller must not complete a sale agreement for a manufactured home unless—\nthe park owner and the buyer have entered into a site agreement for the site on which the manufactured home is positioned; and\nthe buyer has been given the disclosure documents for the site as required under section 29 .\nMaximum penalty—5 penalty units.\ns 56B ins 2024 No. 28 s 36\n(sec.56B-ssec.1) A seller must ensure an agreement for the sale to the buyer of a manufactured home positioned on a site in a residential park (a sale agreement )— includes the information prescribed by regulation. Maximum penalty—5 penalty units.\n(sec.56B-ssec.2) A seller must not complete a sale agreement for a manufactured home unless— the park owner and the buyer have entered into a site agreement for the site on which the manufactured home is positioned; and the buyer has been given the disclosure documents for the site as required under section 29 . Maximum penalty—5 penalty units.\n- (b) includes the information prescribed by regulation.\n- (a) the park owner and the buyer have entered into a site agreement for the site on which the manufactured home is positioned; and\n- (b) the buyer has been given the disclosure documents for the site as required under section 29 .","sortOrder":141},{"sectionNumber":"sec.56C","sectionType":"section","heading":"Sale of manufactured home by home owner","content":"### sec.56C Sale of manufactured home by home owner\n\nThis section applies if—\na seller and a buyer enter into an agreement for the sale to the buyer of a manufactured home positioned on a site in a residential park; and\nthe seller is not the park owner.\nThe seller must give the park owner a notice stating the following details of the buyer—\nthe buyer’s name;\nthe buyer’s contact details.\nIf there is an approved form for the notice, the notice must be in the approved form.\nThe park owner must, within 7 days after being given the notice, give the buyer the disclosure documents mentioned in section 29 (2) unless the park owner has a reasonable excuse.\nMaximum penalty—20 penalty units.\nThe park owner may charge the seller a fee for giving the buyer the disclosure documents.\nThe park owner must not charge a fee under subsection (5) that is more than the amount, if any, prescribed by regulation.\nMaximum penalty—5 penalty units.\ns 56C ins 2024 No. 28 s 36\n(sec.56C-ssec.1) This section applies if— a seller and a buyer enter into an agreement for the sale to the buyer of a manufactured home positioned on a site in a residential park; and the seller is not the park owner.\n(sec.56C-ssec.2) The seller must give the park owner a notice stating the following details of the buyer— the buyer’s name; the buyer’s contact details.\n(sec.56C-ssec.3) If there is an approved form for the notice, the notice must be in the approved form.\n(sec.56C-ssec.4) The park owner must, within 7 days after being given the notice, give the buyer the disclosure documents mentioned in section 29 (2) unless the park owner has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.56C-ssec.5) The park owner may charge the seller a fee for giving the buyer the disclosure documents.\n(sec.56C-ssec.6) The park owner must not charge a fee under subsection (5) that is more than the amount, if any, prescribed by regulation. Maximum penalty—5 penalty units.\n- (a) a seller and a buyer enter into an agreement for the sale to the buyer of a manufactured home positioned on a site in a residential park; and\n- (b) the seller is not the park owner.\n- (a) the buyer’s name;\n- (b) the buyer’s contact details.","sortOrder":142},{"sectionNumber":"sec.57","sectionType":"section","heading":"Placement of ‘for sale’ sign on site","content":"### sec.57 Placement of ‘for sale’ sign on site\n\nThis section applies if—\nthe home owner under a site agreement intends to offer the manufactured home positioned on the site for sale; and\nthe agreement provides for the placement of a ‘for sale’ sign, in relation to the home, on the site.\nThe home owner must give the park owner notice of the intention to offer the home for sale before placing the sign on the site.\nIf the home owner gives a notice to the park owner under subsection (2) , the park owner must not restrict the placement of the sign on the site, as allowed under the agreement.\nMaximum penalty for subsection (3) —20 penalty units.\n(sec.57-ssec.1) This section applies if— the home owner under a site agreement intends to offer the manufactured home positioned on the site for sale; and the agreement provides for the placement of a ‘for sale’ sign, in relation to the home, on the site.\n(sec.57-ssec.2) The home owner must give the park owner notice of the intention to offer the home for sale before placing the sign on the site.\n(sec.57-ssec.3) If the home owner gives a notice to the park owner under subsection (2) , the park owner must not restrict the placement of the sign on the site, as allowed under the agreement. Maximum penalty for subsection (3) —20 penalty units.\n- (a) the home owner under a site agreement intends to offer the manufactured home positioned on the site for sale; and\n- (b) the agreement provides for the placement of a ‘for sale’ sign, in relation to the home, on the site.","sortOrder":143},{"sectionNumber":"sec.58","sectionType":"section","heading":"Park owner not to interfere with sale","content":"### sec.58 Park owner not to interfere with sale\n\nThe park owner for a residential park must not hinder the sale by a home owner of the home owner’s manufactured home positioned on a site.\nMaximum penalty—200 penalty units.\nWithout limiting subsection (1) , the park owner is taken to hinder the sale if the park owner stops potential buyers from inspecting the home.\nThe park owner does not contravene subsection (1) if, under part 5 , division 4 , the park owner reasonably refuses to consent to a proposed assignment of the home owner’s interest in the site agreement for the site.\ns 58 amd 2024 No. 28 s 37\n(sec.58-ssec.1) The park owner for a residential park must not hinder the sale by a home owner of the home owner’s manufactured home positioned on a site. Maximum penalty—200 penalty units.\n(sec.58-ssec.2) Without limiting subsection (1) , the park owner is taken to hinder the sale if the park owner stops potential buyers from inspecting the home.\n(sec.58-ssec.3) The park owner does not contravene subsection (1) if, under part 5 , division 4 , the park owner reasonably refuses to consent to a proposed assignment of the home owner’s interest in the site agreement for the site.","sortOrder":144},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Appointing park owner to sell manufactured home","content":"## Appointing park owner to sell manufactured home","sortOrder":145},{"sectionNumber":"sec.59","sectionType":"section","heading":"Definition for div 2","content":"### sec.59 Definition for div 2\n\nIn this division—\nfee includes commission or other reward.","sortOrder":146},{"sectionNumber":"sec.60","sectionType":"section","heading":"Appointing park owner under selling authority","content":"### sec.60 Appointing park owner under selling authority\n\nThe home owner under a site agreement may by signed notice (a selling authority ), in the approved form, appoint the park owner as the home owner’s agent to sell, or to negotiate the sale of, the manufactured home positioned on the site.","sortOrder":147},{"sectionNumber":"sec.61","sectionType":"section","heading":"Maximum fee under selling authority","content":"### sec.61 Maximum fee under selling authority\n\nThe park owner for a residential park must not, under a selling authority, charge a home owner a fee for the agency that is more than the amount, if any, prescribed under a regulation.\nMaximum penalty—100 penalty units.","sortOrder":148},{"sectionNumber":"sec.62","sectionType":"section","heading":"Unauthorised selling fee prohibited","content":"### sec.62 Unauthorised selling fee prohibited\n\nThe park owner for a residential park must not charge a home owner a fee in relation to the sale of the manufactured home positioned on the home owner’s site in the park unless—\nthe charge is made under a selling authority; and\nthe park owner is the effective cause of the sale.\nMaximum penalty—100 penalty units.\n- (a) the charge is made under a selling authority; and\n- (b) the park owner is the effective cause of the sale.","sortOrder":149},{"sectionNumber":"pt.9A","sectionType":"part","heading":"Buyback and rent reduction scheme","content":"# Buyback and rent reduction scheme","sortOrder":150},{"sectionNumber":"pt.9A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":151},{"sectionNumber":"sec.62A","sectionType":"section","heading":"Purpose of part","content":"### sec.62A Purpose of part\n\nThe purpose of this part is to establish a buyback and rent reduction scheme under which a park owner must, in particular circumstances—\nbuy an eligible home from an eligible home owner under a buyback agreement; and\nreduce the site rent payable under the site agreement for the site on which an eligible home is positioned.\ns 62A ins 2024 No. 28 s 12\n- (a) buy an eligible home from an eligible home owner under a buyback agreement; and\n- (b) reduce the site rent payable under the site agreement for the site on which an eligible home is positioned.","sortOrder":152},{"sectionNumber":"sec.62B","sectionType":"section","heading":"Definitions for part","content":"### sec.62B Definitions for part\n\nIn this part—\nbuyback agreement , for an eligible home, see section 62D .\nbuyback amount , for an eligible home, see section 62I .\nbuyback and rent reduction scheme see section 62A .\nbuyback period , in relation to an eligible home, see section 62E .\nconvicted means found guilty, or having a plea of guilty accepted, by a court whether or not a conviction is recorded.\neligible home see section 62C .\neligible home owner means the home owner of a manufactured home that is an eligible home.\nnotice of intention to sell ...\ns 62B def notice of intention to sell om 2024 No. 28 s 38\nopt in notice see section 62P (2) .\nscheme means the buyback and rent reduction scheme established under this part.\nseller services ...\ns 62B def seller services om 2024 No. 28 s 38\nsold see section 62F .\ns 62B ins 2024 No. 28 s 12","sortOrder":153},{"sectionNumber":"sec.62C","sectionType":"section","heading":"Meaning of eligible home","content":"### sec.62C Meaning of eligible home\n\nA manufactured home is an eligible home if—\nthe manufactured home is positioned on a site in a residential park; and\nthe manufactured home was not brought onto the site, or another site in the residential park, by the home owner of the manufactured home or a former home owner of the manufactured home.\ns 62C ins 2024 No. 28 s 12\n- (a) the manufactured home is positioned on a site in a residential park; and\n- (b) the manufactured home was not brought onto the site, or another site in the residential park, by the home owner of the manufactured home or a former home owner of the manufactured home.","sortOrder":154},{"sectionNumber":"sec.62D","sectionType":"section","heading":"Meaning of buyback agreement","content":"### sec.62D Meaning of buyback agreement\n\nA buyback agreement , for an eligible home, is an agreement between the eligible home owner and the park owner that—\nprovides for the park owner to buy the eligible home from the eligible home owner—\nat the buyback amount for the eligible home; and\nwithin the buyback period for the eligible home; and\nis in writing; and\nif there is an approved form—is in the approved form; and\ncomplies with any other requirements prescribed by regulation.\ns 62D ins 2024 No. 28 s 12\n- (a) provides for the park owner to buy the eligible home from the eligible home owner— (i) at the buyback amount for the eligible home; and (ii) within the buyback period for the eligible home; and\n- (i) at the buyback amount for the eligible home; and\n- (ii) within the buyback period for the eligible home; and\n- (b) is in writing; and\n- (c) if there is an approved form—is in the approved form; and\n- (d) complies with any other requirements prescribed by regulation.\n- (i) at the buyback amount for the eligible home; and\n- (ii) within the buyback period for the eligible home; and","sortOrder":155},{"sectionNumber":"sec.62E","sectionType":"section","heading":"Meaning of buyback period","content":"### sec.62E Meaning of buyback period\n\nThe buyback period , in relation to an eligible home, is the period—\nstarting on the day the eligible home owner gives the park owner an opt-in notice in relation to the eligible home; and\nending on the latest of the following days—\nthe day that is 12 months after the day the eligible home owner gives the park owner the opt in notice in relation to the eligible home;\nif the eligible home owner has died—the day that is 14 days after the park owner is shown the probate of the eligible home owner’s will or letters of administration of the eligible home owner’s estate;\na day stated in an order made by the court under section 62Y ;\na day fixed by the tribunal under section 62ZC or 62ZD as the day by which the park owner must comply with section 62T (1) .\ns 62E ins 2024 No. 28 s 12\n- (a) starting on the day the eligible home owner gives the park owner an opt-in notice in relation to the eligible home; and\n- (b) ending on the latest of the following days— (i) the day that is 12 months after the day the eligible home owner gives the park owner the opt in notice in relation to the eligible home; (ii) if the eligible home owner has died—the day that is 14 days after the park owner is shown the probate of the eligible home owner’s will or letters of administration of the eligible home owner’s estate; (iii) a day stated in an order made by the court under section 62Y ; (iv) a day fixed by the tribunal under section 62ZC or 62ZD as the day by which the park owner must comply with section 62T (1) .\n- (i) the day that is 12 months after the day the eligible home owner gives the park owner the opt in notice in relation to the eligible home;\n- (ii) if the eligible home owner has died—the day that is 14 days after the park owner is shown the probate of the eligible home owner’s will or letters of administration of the eligible home owner’s estate;\n- (iii) a day stated in an order made by the court under section 62Y ;\n- (iv) a day fixed by the tribunal under section 62ZC or 62ZD as the day by which the park owner must comply with section 62T (1) .\n- (i) the day that is 12 months after the day the eligible home owner gives the park owner the opt in notice in relation to the eligible home;\n- (ii) if the eligible home owner has died—the day that is 14 days after the park owner is shown the probate of the eligible home owner’s will or letters of administration of the eligible home owner’s estate;\n- (iii) a day stated in an order made by the court under section 62Y ;\n- (iv) a day fixed by the tribunal under section 62ZC or 62ZD as the day by which the park owner must comply with section 62T (1) .","sortOrder":156},{"sectionNumber":"sec.62F","sectionType":"section","heading":"Meaning of sold","content":"### sec.62F Meaning of sold\n\nAn eligible home is sold only if the sale of the home has been completed.\ns 62F ins 2024 No. 28 s 12","sortOrder":157},{"sectionNumber":"sec.62G","sectionType":"section","heading":"References to eligible home owner, park owner and parties","content":"### sec.62G References to eligible home owner, park owner and parties\n\nIn a provision of this part about an eligible home—\na reference to the eligible home owner is a reference to the eligible home owner of the eligible home; and\na reference to the park owner is a reference to the park owner of the residential park containing the site on which the eligible home is positioned; and\na reference to the parties is a reference to the eligible home owner and the park owner.\ns 62G ins 2024 No. 28 s 12\n- (a) a reference to the eligible home owner is a reference to the eligible home owner of the eligible home; and\n- (b) a reference to the park owner is a reference to the park owner of the residential park containing the site on which the eligible home is positioned; and\n- (c) a reference to the parties is a reference to the eligible home owner and the park owner.","sortOrder":158},{"sectionNumber":"pt.9A-div.2","sectionType":"division","heading":"Working out buyback amount for eligible home","content":"## Working out buyback amount for eligible home","sortOrder":159},{"sectionNumber":"sec.62H","sectionType":"section","heading":"Application of division","content":"### sec.62H Application of division\n\nThis division applies if the eligible home owner of an eligible home gives the park owner an opt in notice in relation to the eligible home.\ns 62H ins 2024 No. 28 s 12","sortOrder":160},{"sectionNumber":"sec.62I","sectionType":"section","heading":"Meaning of buyback amount","content":"### sec.62I Meaning of buyback amount\n\nThe buyback amount for the eligible home is the amount of the resale value of the eligible home under the latest of the following to happen—\nthe agreement by the parties of the resale value of the eligible home under section 62J (1) , 62K (2) or 62L (2) ;\nthe valuation of the resale value of the eligible home by a registered valuer appointed under section 62J (2) , 62K (3) , 62L (3) or 62M (5) .\nSee division 8 in relation to how a valuer appointed under this division is to conduct a valuation of the resale value of the eligible home.\ns 62I ins 2024 No. 28 s 12\n- (a) the agreement by the parties of the resale value of the eligible home under section 62J (1) , 62K (2) or 62L (2) ;\n- (b) the valuation of the resale value of the eligible home by a registered valuer appointed under section 62J (2) , 62K (3) , 62L (3) or 62M (5) . Note— See division 8 in relation to how a valuer appointed under this division is to conduct a valuation of the resale value of the eligible home.","sortOrder":161},{"sectionNumber":"sec.62J","sectionType":"section","heading":"Requirement to agree resale value or appoint registered valuer—initial requirements","content":"### sec.62J Requirement to agree resale value or appoint registered valuer—initial requirements\n\nThe parties must, within 14 days after the start of the buyback period, agree in writing on the resale value of the eligible home.\nHowever, if the parties can not agree on the resale value of the eligible home within the period mentioned in subsection (1) , the parties must, within a further 7 days, jointly appoint a registered valuer to value the resale value of the eligible home.\nSubsection (2) applies subject to section 62M .\ns 62J ins 2024 No. 28 s 12\n(sec.62J-ssec.1) The parties must, within 14 days after the start of the buyback period, agree in writing on the resale value of the eligible home.\n(sec.62J-ssec.2) However, if the parties can not agree on the resale value of the eligible home within the period mentioned in subsection (1) , the parties must, within a further 7 days, jointly appoint a registered valuer to value the resale value of the eligible home.\n(sec.62J-ssec.3) Subsection (2) applies subject to section 62M .","sortOrder":162},{"sectionNumber":"sec.62K","sectionType":"section","heading":"Requirement to agree resale value or appoint registered valuer—requirements after 6 months","content":"### sec.62K Requirement to agree resale value or appoint registered valuer—requirements after 6 months\n\nThis section applies if, within 6 months after the start of the buyback period—\nthe park owner has not entered into a buyback agreement for the eligible home; and\nthe eligible home has not otherwise been sold to another person.\nThe parties must, within 6 months and 14 days after the start of the buyback period, agree in writing on the resale value of the eligible home.\nHowever, if the parties can not agree on the resale value of the eligible home within the period mentioned in subsection (2) , the parties must, within a further 7 days, jointly appoint a registered valuer to value the resale value of the eligible home.\nSubsection (3) applies subject to section 62M .\ns 62K ins 2024 No. 28 s 12\n(sec.62K-ssec.1) This section applies if, within 6 months after the start of the buyback period— the park owner has not entered into a buyback agreement for the eligible home; and the eligible home has not otherwise been sold to another person.\n(sec.62K-ssec.2) The parties must, within 6 months and 14 days after the start of the buyback period, agree in writing on the resale value of the eligible home.\n(sec.62K-ssec.3) However, if the parties can not agree on the resale value of the eligible home within the period mentioned in subsection (2) , the parties must, within a further 7 days, jointly appoint a registered valuer to value the resale value of the eligible home.\n(sec.62K-ssec.4) Subsection (3) applies subject to section 62M .\n- (a) the park owner has not entered into a buyback agreement for the eligible home; and\n- (b) the eligible home has not otherwise been sold to another person.","sortOrder":163},{"sectionNumber":"sec.62L","sectionType":"section","heading":"Requirement to agree resale value or appoint registered valuer—requirements after 9 months","content":"### sec.62L Requirement to agree resale value or appoint registered valuer—requirements after 9 months\n\nThis section applies if, within 9 months after the start of the buyback period—\nthe park owner has not entered into a buyback agreement for the eligible home; and\nthe eligible home has not otherwise been sold to another person.\nThe parties must, within 9 months and 14 days after the start of the buyback period, agree in writing on the resale value of the eligible home.\nHowever, if the parties can not agree on the resale value of the eligible home within the period mentioned in subsection (2) , the parties must, within a further 7 days, jointly appoint a registered valuer to value the resale value of the eligible home.\nSubsection (3) applies subject to section 62M .\ns 62L ins 2024 No. 28 s 12\n(sec.62L-ssec.1) This section applies if, within 9 months after the start of the buyback period— the park owner has not entered into a buyback agreement for the eligible home; and the eligible home has not otherwise been sold to another person.\n(sec.62L-ssec.2) The parties must, within 9 months and 14 days after the start of the buyback period, agree in writing on the resale value of the eligible home.\n(sec.62L-ssec.3) However, if the parties can not agree on the resale value of the eligible home within the period mentioned in subsection (2) , the parties must, within a further 7 days, jointly appoint a registered valuer to value the resale value of the eligible home.\n(sec.62L-ssec.4) Subsection (3) applies subject to section 62M .\n- (a) the park owner has not entered into a buyback agreement for the eligible home; and\n- (b) the eligible home has not otherwise been sold to another person.","sortOrder":164},{"sectionNumber":"sec.62M","sectionType":"section","heading":"Appointment of registered valuer if parties can not agree","content":"### sec.62M Appointment of registered valuer if parties can not agree\n\nThis section applies if—\nthe parties are required to appoint a registered valuer under section 62J (2) , 62K (3) or 62L (3) ; and\nthe parties can not agree on the appointment of a registered valuer within the period mentioned in the section (the relevant disagreement ).\nThe park owner must immediately give the chief executive notice, in the approved form, of the relevant disagreement.\nHowever, if the eligible home owner has reason to believe the park owner has not complied with subsection (2) , the eligible home owner may give the chief executive notice, in the approved form, of the relevant disagreement.\nThe chief executive must, within 14 days after being given notice of the relevant disagreement under subsection (2) or (3) , give the parties a notice stating the details of a registered valuer nominated by the chief executive for the purpose of valuing the resale value of the eligible home.\nThe parties must jointly appoint the registered valuer nominated by the chief executive to value the resale value of the eligible home.\ns 62M ins 2024 No. 28 s 12\n(sec.62M-ssec.1) This section applies if— the parties are required to appoint a registered valuer under section 62J (2) , 62K (3) or 62L (3) ; and the parties can not agree on the appointment of a registered valuer within the period mentioned in the section (the relevant disagreement ).\n(sec.62M-ssec.2) The park owner must immediately give the chief executive notice, in the approved form, of the relevant disagreement.\n(sec.62M-ssec.3) However, if the eligible home owner has reason to believe the park owner has not complied with subsection (2) , the eligible home owner may give the chief executive notice, in the approved form, of the relevant disagreement.\n(sec.62M-ssec.4) The chief executive must, within 14 days after being given notice of the relevant disagreement under subsection (2) or (3) , give the parties a notice stating the details of a registered valuer nominated by the chief executive for the purpose of valuing the resale value of the eligible home.\n(sec.62M-ssec.5) The parties must jointly appoint the registered valuer nominated by the chief executive to value the resale value of the eligible home.\n- (a) the parties are required to appoint a registered valuer under section 62J (2) , 62K (3) or 62L (3) ; and\n- (b) the parties can not agree on the appointment of a registered valuer within the period mentioned in the section (the relevant disagreement ).","sortOrder":165},{"sectionNumber":"pt.9A-div.3","sectionType":"division","heading":"Giving notice of intention to sell eligible home and related matters","content":"## Giving notice of intention to sell eligible home and related matters","sortOrder":166},{"sectionNumber":"sec.62N","sectionType":"section","heading":"Eligible home owner to give notice of intention to sell eligible home","content":"### sec.62N Eligible home owner to give notice of intention to sell eligible home\n\nThis section applies if an eligible home owner proposes to join the scheme in relation to an eligible home.\nThe eligible home owner must give the park owner a notice of intention to sell in relation to the eligible home.\ns 62N ins 2024 No. 28 s 12\namd 2024 No. 28 s 39\n(sec.62N-ssec.1) This section applies if an eligible home owner proposes to join the scheme in relation to an eligible home.\n(sec.62N-ssec.2) The eligible home owner must give the park owner a notice of intention to sell in relation to the eligible home.","sortOrder":167},{"sectionNumber":"sec.62O","sectionType":"section","heading":null,"content":"### Section sec.62O\n\ns 62O ins 2024 No. 28 s 12\nom 2024 No. 28 s 40","sortOrder":168},{"sectionNumber":"pt.9A-div.4","sectionType":"division","heading":"Joining scheme","content":"## Joining scheme","sortOrder":169},{"sectionNumber":"sec.62P","sectionType":"section","heading":"Joining scheme","content":"### sec.62P Joining scheme\n\nThis section applies if the eligible home owner of an eligible home—\nhas given the park owner a notice of intention to sell in relation to the eligible home; and\nhas ceased to reside in, access or otherwise use the eligible home; and\nif the notice given to the eligible home owner under section 56A (3) states that the park owner offers seller services—has appointed the park owner as the eligible home owner’s sole agent under a selling authority for the eligible home.\nThe eligible home owner may, by notice given to the park owner under this section (an opt in notice ), join the scheme in relation to the eligible home.\nThe opt in notice may be given to the park owner not earlier than—\nif the notice given to the eligible home owner under section 56A (3) states that the park owner offers seller services—6 months after the eligible home owner appoints the park owner under a selling authority for the eligible home; or\notherwise—6 months after the eligible home owner gives the park owner a notice of intention to sell in relation to the eligible home.\nIf there is an approved form for the opt in notice, the notice must be in the approved form.\nTo remove any doubt, it is declared that joining the scheme in relation to the eligible home does not affect the eligible home owner’s obligation to pay site rent under the site agreement.\ns 62P ins 2024 No. 28 s 12\namd 2024 No. 28 s 41\n(sec.62P-ssec.1) This section applies if the eligible home owner of an eligible home— has given the park owner a notice of intention to sell in relation to the eligible home; and has ceased to reside in, access or otherwise use the eligible home; and if the notice given to the eligible home owner under section 56A (3) states that the park owner offers seller services—has appointed the park owner as the eligible home owner’s sole agent under a selling authority for the eligible home.\n(sec.62P-ssec.2) The eligible home owner may, by notice given to the park owner under this section (an opt in notice ), join the scheme in relation to the eligible home.\n(sec.62P-ssec.3) The opt in notice may be given to the park owner not earlier than— if the notice given to the eligible home owner under section 56A (3) states that the park owner offers seller services—6 months after the eligible home owner appoints the park owner under a selling authority for the eligible home; or otherwise—6 months after the eligible home owner gives the park owner a notice of intention to sell in relation to the eligible home.\n(sec.62P-ssec.4) If there is an approved form for the opt in notice, the notice must be in the approved form.\n(sec.62P-ssec.5) To remove any doubt, it is declared that joining the scheme in relation to the eligible home does not affect the eligible home owner’s obligation to pay site rent under the site agreement.\n- (a) has given the park owner a notice of intention to sell in relation to the eligible home; and\n- (b) has ceased to reside in, access or otherwise use the eligible home; and\n- (c) if the notice given to the eligible home owner under section 56A (3) states that the park owner offers seller services—has appointed the park owner as the eligible home owner’s sole agent under a selling authority for the eligible home.\n- (a) if the notice given to the eligible home owner under section 56A (3) states that the park owner offers seller services—6 months after the eligible home owner appoints the park owner under a selling authority for the eligible home; or\n- (b) otherwise—6 months after the eligible home owner gives the park owner a notice of intention to sell in relation to the eligible home.","sortOrder":170},{"sectionNumber":"sec.62Q","sectionType":"section","heading":"When eligible home owner must appoint park owner under selling authority for eligible home","content":"### sec.62Q When eligible home owner must appoint park owner under selling authority for eligible home\n\nThis section applies if—\nan eligible home owner joins the scheme in relation to an eligible home; and\nthe park owner does not offer seller services.\nThe park owner may, by notice given to the eligible home owner, ask the eligible home owner to appoint the park owner under a selling authority for the eligible home.\nIf the park owner makes a request under subsection (2) , the home owner must appoint the park owner as the home owner’s sole agent under a selling authority for the eligible home within 7 days after the park owner gives the home owner the notice.\nIf the eligible home owner fails to comply with subsection (3) , the eligible home owner is taken not to have joined the scheme in relation to the eligible home.\ns 62Q ins 2024 No. 28 s 12\n(sec.62Q-ssec.1) This section applies if— an eligible home owner joins the scheme in relation to an eligible home; and the park owner does not offer seller services.\n(sec.62Q-ssec.2) The park owner may, by notice given to the eligible home owner, ask the eligible home owner to appoint the park owner under a selling authority for the eligible home.\n(sec.62Q-ssec.3) If the park owner makes a request under subsection (2) , the home owner must appoint the park owner as the home owner’s sole agent under a selling authority for the eligible home within 7 days after the park owner gives the home owner the notice.\n(sec.62Q-ssec.4) If the eligible home owner fails to comply with subsection (3) , the eligible home owner is taken not to have joined the scheme in relation to the eligible home.\n- (a) an eligible home owner joins the scheme in relation to an eligible home; and\n- (b) the park owner does not offer seller services.","sortOrder":171},{"sectionNumber":"pt.9A-div.5","sectionType":"division","heading":"Obligations under scheme","content":"## Obligations under scheme","sortOrder":172},{"sectionNumber":"sec.62R","sectionType":"section","heading":"Application of division","content":"### sec.62R Application of division\n\nThis division applies if an eligible home owner has joined the scheme in relation to an eligible home.\ns 62R ins 2024 No. 28 s 12","sortOrder":173},{"sectionNumber":"sec.62S","sectionType":"section","heading":"When eligible home owner must accept offer for purchase of eligible home","content":"### sec.62S When eligible home owner must accept offer for purchase of eligible home\n\nThis section applies if the park owner—\nis appointed by the eligible home owner under a selling authority for the eligible home; and\nreceives an offer for the purchase of the eligible home that is at least the buyback amount for the home.\nThe eligible home owner must accept the offer.\ns 62S ins 2024 No. 28 s 12\n(sec.62S-ssec.1) This section applies if the park owner— is appointed by the eligible home owner under a selling authority for the eligible home; and receives an offer for the purchase of the eligible home that is at least the buyback amount for the home.\n(sec.62S-ssec.2) The eligible home owner must accept the offer.\n- (a) is appointed by the eligible home owner under a selling authority for the eligible home; and\n- (b) receives an offer for the purchase of the eligible home that is at least the buyback amount for the home.","sortOrder":174},{"sectionNumber":"sec.62T","sectionType":"section","heading":"Park owner must enter into and complete buyback agreement","content":"### sec.62T Park owner must enter into and complete buyback agreement\n\nThe park owner must, unless the park owner has a reasonable excuse, enter into a buyback agreement for the eligible home and complete the purchase of the eligible home under the buyback agreement within the buyback period.\nMaximum penalty—540 penalty units.\nSubsection (1) does not apply to the park owner if the eligible home is sold to another person within the buyback period.\nWithout limiting what may be a reasonable excuse for subsection (1) , the park owner has a reasonable excuse if—\nthe park owner has taken all reasonable steps to enter into a buyback agreement for the eligible home and complete the purchase of the eligible home under the agreement; but\nan act done, or an omission made, by the eligible home owner has prevented the park owner from entering into a buyback agreement or, if a buyback agreement has been entered into, completing the purchase of the eligible home under the agreement.\nSee section 62Y in relation to the orders the court may make if the park owner is convicted of an offence against subsection (1) .\ns 62T ins 2024 No. 28 s 12\n(sec.62T-ssec.1) The park owner must, unless the park owner has a reasonable excuse, enter into a buyback agreement for the eligible home and complete the purchase of the eligible home under the buyback agreement within the buyback period. Maximum penalty—540 penalty units.\n(sec.62T-ssec.2) Subsection (1) does not apply to the park owner if the eligible home is sold to another person within the buyback period.\n(sec.62T-ssec.3) Without limiting what may be a reasonable excuse for subsection (1) , the park owner has a reasonable excuse if— the park owner has taken all reasonable steps to enter into a buyback agreement for the eligible home and complete the purchase of the eligible home under the agreement; but an act done, or an omission made, by the eligible home owner has prevented the park owner from entering into a buyback agreement or, if a buyback agreement has been entered into, completing the purchase of the eligible home under the agreement. See section 62Y in relation to the orders the court may make if the park owner is convicted of an offence against subsection (1) .\n- (a) the park owner has taken all reasonable steps to enter into a buyback agreement for the eligible home and complete the purchase of the eligible home under the agreement; but\n- (b) an act done, or an omission made, by the eligible home owner has prevented the park owner from entering into a buyback agreement or, if a buyback agreement has been entered into, completing the purchase of the eligible home under the agreement.","sortOrder":175},{"sectionNumber":"sec.62U","sectionType":"section","heading":"Notice about noncompliance with scheme may be given to eligible home owner","content":"### sec.62U Notice about noncompliance with scheme may be given to eligible home owner\n\nThis section applies if the park owner is unable, because of an act done, or an omission made, by the eligible home owner—\nto enter into a buyback agreement for the eligible home; or\nto complete the purchase of the eligible home under a buyback agreement.\nThe park owner may give the eligible home owner a notice stating—\nthe steps the eligible home owner must take to enable the park owner to—\nenter into a buyback agreement for the eligible home; or\ncomplete the purchase of the eligible home under a buyback agreement; and\nthat the home owner must take the stated steps within 28 days after being given the notice; and\nthat if the eligible home owner does not take the stated steps within 28 days after being given the notice, the park owner may apply to the tribunal to have the eligible home removed from the scheme.\nSee section 62ZB in relation to the tribunal’s power to order that the eligible home be removed from the scheme.\ns 62U ins 2024 No. 28 s 12\n(sec.62U-ssec.1) This section applies if the park owner is unable, because of an act done, or an omission made, by the eligible home owner— to enter into a buyback agreement for the eligible home; or to complete the purchase of the eligible home under a buyback agreement.\n(sec.62U-ssec.2) The park owner may give the eligible home owner a notice stating— the steps the eligible home owner must take to enable the park owner to— enter into a buyback agreement for the eligible home; or complete the purchase of the eligible home under a buyback agreement; and that the home owner must take the stated steps within 28 days after being given the notice; and that if the eligible home owner does not take the stated steps within 28 days after being given the notice, the park owner may apply to the tribunal to have the eligible home removed from the scheme. See section 62ZB in relation to the tribunal’s power to order that the eligible home be removed from the scheme.\n- (a) to enter into a buyback agreement for the eligible home; or\n- (b) to complete the purchase of the eligible home under a buyback agreement.\n- (a) the steps the eligible home owner must take to enable the park owner to— (i) enter into a buyback agreement for the eligible home; or (ii) complete the purchase of the eligible home under a buyback agreement; and\n- (i) enter into a buyback agreement for the eligible home; or\n- (ii) complete the purchase of the eligible home under a buyback agreement; and\n- (b) that the home owner must take the stated steps within 28 days after being given the notice; and\n- (c) that if the eligible home owner does not take the stated steps within 28 days after being given the notice, the park owner may apply to the tribunal to have the eligible home removed from the scheme. Note— See section 62ZB in relation to the tribunal’s power to order that the eligible home be removed from the scheme.\n- (i) enter into a buyback agreement for the eligible home; or\n- (ii) complete the purchase of the eligible home under a buyback agreement; and","sortOrder":176},{"sectionNumber":"sec.62V","sectionType":"section","heading":"Park owner must reduce site rent in particular circumstances","content":"### sec.62V Park owner must reduce site rent in particular circumstances\n\nThis section applies if, within 6 months after the start of the buyback period for the eligible home, the eligible home has not been sold—\nto the park owner under a buyback agreement; or\nto another person.\nThe park owner must, unless the park owner has a reasonable excuse, reduce by 25% the site rent payable under the site agreement for the site on which the eligible home is positioned.\nMaximum penalty—540 penalty units.\nSee section 62ZA in relation to the orders the tribunal may make if the park owner refuses or fails to comply with this section, whether or not the park owner is convicted of an offence against subsection (2) .\ns 62V ins 2024 No. 28 s 12\n(sec.62V-ssec.1) This section applies if, within 6 months after the start of the buyback period for the eligible home, the eligible home has not been sold— to the park owner under a buyback agreement; or to another person.\n(sec.62V-ssec.2) The park owner must, unless the park owner has a reasonable excuse, reduce by 25% the site rent payable under the site agreement for the site on which the eligible home is positioned. Maximum penalty—540 penalty units.\n- (a) to the park owner under a buyback agreement; or\n- (b) to another person.","sortOrder":177},{"sectionNumber":"sec.62W","sectionType":"section","heading":"Reduction in site rent not required to be disclosed or applied to prospective home owner","content":"### sec.62W Reduction in site rent not required to be disclosed or applied to prospective home owner\n\nIf the park owner is required under section 62V to reduce the site rent payable under the site agreement for the site on which the eligible home is positioned—\nthe park owner is not required to include details of the reduction in the site rent in the disclosure documents required to be given to a prospective home owner for the site; and\nthe reduction in the site rent does not apply in relation to any new site agreement entered into in relation to the site between the park owner and a prospective home owner.\ns 62W ins 2024 No. 28 s 12\n- (a) the park owner is not required to include details of the reduction in the site rent in the disclosure documents required to be given to a prospective home owner for the site; and\n- (b) the reduction in the site rent does not apply in relation to any new site agreement entered into in relation to the site between the park owner and a prospective home owner.","sortOrder":178},{"sectionNumber":"sec.62X","sectionType":"section","heading":"Application of proceeds from sale or buyback of eligible home","content":"### sec.62X Application of proceeds from sale or buyback of eligible home\n\nThis section applies if the park owner—\nacting under a selling authority, sells the eligible home to another person; or\ncompletes the purchase of the eligible home under a buyback agreement.\nThe park owner must apply the proceeds from the sale, or the amount payable under the buyback agreement, as follows—\nfirst, if an amount is owing to a person under a security interest registered for the eligible home under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\nsecond, if the park owner has, under section 62ZK (1) , paid the valuer’s costs of conducting a valuation of the resale value of the eligible home—in reimbursing themself for half of the valuer’s costs;\nthird, in payment of the reasonable costs of selling the eligible home, including any fees payable under part 9 , division 2 ;\nfourth, in payment of any balance to the eligible home owner.\ns 62X ins 2024 No. 28 s 12\n(sec.62X-ssec.1) This section applies if the park owner— acting under a selling authority, sells the eligible home to another person; or completes the purchase of the eligible home under a buyback agreement.\n(sec.62X-ssec.2) The park owner must apply the proceeds from the sale, or the amount payable under the buyback agreement, as follows— first, if an amount is owing to a person under a security interest registered for the eligible home under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; second, if the park owner has, under section 62ZK (1) , paid the valuer’s costs of conducting a valuation of the resale value of the eligible home—in reimbursing themself for half of the valuer’s costs; third, in payment of the reasonable costs of selling the eligible home, including any fees payable under part 9 , division 2 ; fourth, in payment of any balance to the eligible home owner.\n- (a) acting under a selling authority, sells the eligible home to another person; or\n- (b) completes the purchase of the eligible home under a buyback agreement.\n- (a) first, if an amount is owing to a person under a security interest registered for the eligible home under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\n- (b) second, if the park owner has, under section 62ZK (1) , paid the valuer’s costs of conducting a valuation of the resale value of the eligible home—in reimbursing themself for half of the valuer’s costs;\n- (c) third, in payment of the reasonable costs of selling the eligible home, including any fees payable under part 9 , division 2 ;\n- (d) fourth, in payment of any balance to the eligible home owner.","sortOrder":179},{"sectionNumber":"pt.9A-div.6","sectionType":"division","heading":"Court powers in relation to scheme","content":"## Court powers in relation to scheme","sortOrder":180},{"sectionNumber":"sec.62Y","sectionType":"section","heading":"Court may order park owner to enter into buyback agreement","content":"### sec.62Y Court may order park owner to enter into buyback agreement\n\nThis section applies if a park owner is convicted of an offence against section 62T (1) in relation to an eligible home.\nThe court before which the park owner is convicted may make an order requiring the park owner to take stated steps to—\nenter into a buyback agreement for the eligible home; and\ncomplete the purchase of the eligible home under the buyback agreement by a stated day.\nThe court may make an order under subsection (2) even if the buyback period that would otherwise apply in relation to the eligible home has ended.\ns 62Y ins 2024 No. 28 s 12\n(sec.62Y-ssec.1) This section applies if a park owner is convicted of an offence against section 62T (1) in relation to an eligible home.\n(sec.62Y-ssec.2) The court before which the park owner is convicted may make an order requiring the park owner to take stated steps to— enter into a buyback agreement for the eligible home; and complete the purchase of the eligible home under the buyback agreement by a stated day.\n(sec.62Y-ssec.3) The court may make an order under subsection (2) even if the buyback period that would otherwise apply in relation to the eligible home has ended.\n- (a) enter into a buyback agreement for the eligible home; and\n- (b) complete the purchase of the eligible home under the buyback agreement by a stated day.","sortOrder":181},{"sectionNumber":"pt.9A-div.7","sectionType":"division","heading":"Tribunal powers in relation to scheme","content":"## Tribunal powers in relation to scheme","sortOrder":182},{"sectionNumber":"sec.62Z","sectionType":"section","heading":"Decision about whether manufactured home is eligible home","content":"### sec.62Z Decision about whether manufactured home is eligible home\n\nThe tribunal may, on application by a home owner, make an order declaring whether the home owner’s manufactured home is an eligible home.\nSubsection (3) applies if—\nthe tribunal makes an order declaring that the home owner’s manufactured home is an eligible home; and\nthe tribunal’s order is made after the end of the buyback period.\nThe tribunal must make a further order fixing the day, not later than 30 days after the order is made, by which the park owner must comply with section 62T (1) .\ns 62Z ins 2024 No. 28 s 12\n(sec.62Z-ssec.1) The tribunal may, on application by a home owner, make an order declaring whether the home owner’s manufactured home is an eligible home.\n(sec.62Z-ssec.2) Subsection (3) applies if— the tribunal makes an order declaring that the home owner’s manufactured home is an eligible home; and the tribunal’s order is made after the end of the buyback period.\n(sec.62Z-ssec.3) The tribunal must make a further order fixing the day, not later than 30 days after the order is made, by which the park owner must comply with section 62T (1) .\n- (a) the tribunal makes an order declaring that the home owner’s manufactured home is an eligible home; and\n- (b) the tribunal’s order is made after the end of the buyback period.","sortOrder":183},{"sectionNumber":"sec.62ZA","sectionType":"section","heading":"Failure by park owner to reduce site rent","content":"### sec.62ZA Failure by park owner to reduce site rent\n\nThis section applies if a park owner refuses or fails to comply with section 62V (2) in relation to the site rent payable by an eligible home owner.\nThe eligible home owner may apply to the tribunal for an order that the park owner refund to the eligible home owner any overpayment of site rent arising from the park owner’s refusal or failure.\nThe tribunal may make the order if satisfied the park owner has refused or failed to comply with section 62V (2) in relation to the site rent payable by the eligible home owner.\nSubsection (3) applies whether or not the park owner has been convicted of an offence against section 62V (2) in relation to the refusal or failure.\ns 62ZA ins 2024 No. 28 s 12\n(sec.62ZA-ssec.1) This section applies if a park owner refuses or fails to comply with section 62V (2) in relation to the site rent payable by an eligible home owner.\n(sec.62ZA-ssec.2) The eligible home owner may apply to the tribunal for an order that the park owner refund to the eligible home owner any overpayment of site rent arising from the park owner’s refusal or failure.\n(sec.62ZA-ssec.3) The tribunal may make the order if satisfied the park owner has refused or failed to comply with section 62V (2) in relation to the site rent payable by the eligible home owner.\n(sec.62ZA-ssec.4) Subsection (3) applies whether or not the park owner has been convicted of an offence against section 62V (2) in relation to the refusal or failure.","sortOrder":184},{"sectionNumber":"sec.62ZB","sectionType":"section","heading":"Noncompliance with scheme by eligible home owner","content":"### sec.62ZB Noncompliance with scheme by eligible home owner\n\nA park owner may apply to the tribunal for an order that an eligible home be removed from the scheme if—\nthe park owner has given the eligible home owner a notice under section 62U ; and\nthe eligible home owner has not, within 28 days after being given the notice, taken the steps stated in the notice.\nOn hearing the application, the tribunal may—\norder that the eligible home be removed from the scheme; and\nmake any other orders the tribunal considers necessary.\nWithout limiting subsection (2) (b) , if the park owner has, under section 62ZK (1) , paid the costs of a valuer for conducting a valuation in relation to the eligible home, the tribunal may, if it considers it reasonable in the circumstances, order that the eligible home owner pay an amount to the park owner as reimbursement of all or part of the valuer’s costs.\nIf an order is made under subsection (2) (a) removing the eligible home from the scheme, the eligible home owner can not rejoin the scheme in relation to the eligible home.\ns 62ZB ins 2024 No. 28 s 12\n(sec.62ZB-ssec.1) A park owner may apply to the tribunal for an order that an eligible home be removed from the scheme if— the park owner has given the eligible home owner a notice under section 62U ; and the eligible home owner has not, within 28 days after being given the notice, taken the steps stated in the notice.\n(sec.62ZB-ssec.2) On hearing the application, the tribunal may— order that the eligible home be removed from the scheme; and make any other orders the tribunal considers necessary.\n(sec.62ZB-ssec.3) Without limiting subsection (2) (b) , if the park owner has, under section 62ZK (1) , paid the costs of a valuer for conducting a valuation in relation to the eligible home, the tribunal may, if it considers it reasonable in the circumstances, order that the eligible home owner pay an amount to the park owner as reimbursement of all or part of the valuer’s costs.\n(sec.62ZB-ssec.4) If an order is made under subsection (2) (a) removing the eligible home from the scheme, the eligible home owner can not rejoin the scheme in relation to the eligible home.\n- (a) the park owner has given the eligible home owner a notice under section 62U ; and\n- (b) the eligible home owner has not, within 28 days after being given the notice, taken the steps stated in the notice.\n- (a) order that the eligible home be removed from the scheme; and\n- (b) make any other orders the tribunal considers necessary.","sortOrder":185},{"sectionNumber":"sec.62ZC","sectionType":"section","heading":"Park owner may apply for extension of period for complying with s 62T —financial hardship","content":"### sec.62ZC Park owner may apply for extension of period for complying with s 62T —financial hardship\n\nA park owner may apply to the tribunal for an order extending the period for complying with section 62T (1) .\nThe tribunal may make an order fixing a later day by which the park owner must comply with section 62T (1) if the tribunal is satisfied—\nthe park owner is likely to suffer undue financial hardship if the order is not made; and\nthe order would not be unfair to the eligible home owner, having regard to any submissions made by the eligible home owner about hardship the eligible home owner is likely to suffer if the order is made.\nSubsection (4) applies if—\nthe tribunal refuses an application made under subsection (1) ; and\nthe tribunal’s order is made after the end of the buyback period.\nThe tribunal must make an order fixing the day, not later than 30 days after the order is made, by which the park owner must comply with section 62T (1) .\ns 62ZC ins 2024 No. 28 s 12\n(sec.62ZC-ssec.1) A park owner may apply to the tribunal for an order extending the period for complying with section 62T (1) .\n(sec.62ZC-ssec.2) The tribunal may make an order fixing a later day by which the park owner must comply with section 62T (1) if the tribunal is satisfied— the park owner is likely to suffer undue financial hardship if the order is not made; and the order would not be unfair to the eligible home owner, having regard to any submissions made by the eligible home owner about hardship the eligible home owner is likely to suffer if the order is made.\n(sec.62ZC-ssec.3) Subsection (4) applies if— the tribunal refuses an application made under subsection (1) ; and the tribunal’s order is made after the end of the buyback period.\n(sec.62ZC-ssec.4) The tribunal must make an order fixing the day, not later than 30 days after the order is made, by which the park owner must comply with section 62T (1) .\n- (a) the park owner is likely to suffer undue financial hardship if the order is not made; and\n- (b) the order would not be unfair to the eligible home owner, having regard to any submissions made by the eligible home owner about hardship the eligible home owner is likely to suffer if the order is made.\n- (a) the tribunal refuses an application made under subsection (1) ; and\n- (b) the tribunal’s order is made after the end of the buyback period.","sortOrder":186},{"sectionNumber":"sec.62ZD","sectionType":"section","heading":"Park owner may apply for extension of period for complying with s 62T —other circumstances","content":"### sec.62ZD Park owner may apply for extension of period for complying with s 62T —other circumstances\n\nA park owner may apply to the tribunal for an order extending the period for complying with section 62T (1) by a period of not more than 6 months.\nThe tribunal may make an order fixing a day that is not more than 6 months after the day the park owner would otherwise be required to comply with section 62T (1) as the day the park owner must comply with that section.\nAn order may be made under subsection (2) only if the tribunal is satisfied—\nthe park owner is unlikely to complete the sale of the eligible home within the buyback period if the order is not made; and\nthe park owner has taken all reasonable steps to sell the eligible home in a timely way; and\nthe order would not be unfair to the eligible home owner, considering the effect, including the financial effect, on both the home owner and the park owner.\nThe tribunal may make an order extending the period for complying with section 62T (1) only once under subsection (2) .\nSubsection (6) applies if—\nthe tribunal refuses an application made under subsection (1) ; and\nthe tribunal’s decision is made after the end of the buyback period.\nThe tribunal must make an order fixing the day, not later than 30 days after the order is made, by which the park owner must comply with section 62T (1) .\ns 62ZD ins 2024 No. 28 s 12\n(sec.62ZD-ssec.1) A park owner may apply to the tribunal for an order extending the period for complying with section 62T (1) by a period of not more than 6 months.\n(sec.62ZD-ssec.2) The tribunal may make an order fixing a day that is not more than 6 months after the day the park owner would otherwise be required to comply with section 62T (1) as the day the park owner must comply with that section.\n(sec.62ZD-ssec.3) An order may be made under subsection (2) only if the tribunal is satisfied— the park owner is unlikely to complete the sale of the eligible home within the buyback period if the order is not made; and the park owner has taken all reasonable steps to sell the eligible home in a timely way; and the order would not be unfair to the eligible home owner, considering the effect, including the financial effect, on both the home owner and the park owner.\n(sec.62ZD-ssec.4) The tribunal may make an order extending the period for complying with section 62T (1) only once under subsection (2) .\n(sec.62ZD-ssec.5) Subsection (6) applies if— the tribunal refuses an application made under subsection (1) ; and the tribunal’s decision is made after the end of the buyback period.\n(sec.62ZD-ssec.6) The tribunal must make an order fixing the day, not later than 30 days after the order is made, by which the park owner must comply with section 62T (1) .\n- (a) the park owner is unlikely to complete the sale of the eligible home within the buyback period if the order is not made; and\n- (b) the park owner has taken all reasonable steps to sell the eligible home in a timely way; and\n- (c) the order would not be unfair to the eligible home owner, considering the effect, including the financial effect, on both the home owner and the park owner.\n- (a) the tribunal refuses an application made under subsection (1) ; and\n- (b) the tribunal’s decision is made after the end of the buyback period.","sortOrder":187},{"sectionNumber":"sec.62ZE","sectionType":"section","heading":"Effect of tribunal proceedings on purchase of home under buyback agreement","content":"### sec.62ZE Effect of tribunal proceedings on purchase of home under buyback agreement\n\nA park owner does not commit an offence against section 62T (1) by failing to enter into a buyback agreement for an eligible home, or complete the purchase of an eligible home under a buyback agreement, within the buyback period if—\nthe home owner has made an application to the tribunal under section 62Z about whether the home owner’s manufactured home is an eligible home and the application has not been decided; or\nthe park owner has made an application to the tribunal under section 62ZB , 62ZC or 62ZD and the application has not been decided.\ns 62ZE ins 2024 No. 28 s 12\n- (a) the home owner has made an application to the tribunal under section 62Z about whether the home owner’s manufactured home is an eligible home and the application has not been decided; or\n- (b) the park owner has made an application to the tribunal under section 62ZB , 62ZC or 62ZD and the application has not been decided.","sortOrder":188},{"sectionNumber":"pt.9A-div.8","sectionType":"division","heading":"Valuing resale value of eligible homes","content":"## Valuing resale value of eligible homes","sortOrder":189},{"sectionNumber":"sec.62ZF","sectionType":"section","heading":"Application of division","content":"### sec.62ZF Application of division\n\nThis division applies if a valuer is appointed under section 62J (2) , 62K (3) , 62L (3) or 62M (5) to value the resale value of an eligible home.\ns 62ZF ins 2024 No. 28 s 12","sortOrder":190},{"sectionNumber":"sec.62ZG","sectionType":"section","heading":"Submissions to valuer","content":"### sec.62ZG Submissions to valuer\n\nThe valuer must give the parties a notice stating that each party—\nmay make a written submission to the valuer, within a stated reasonable period (the submission period ), about the valuation of the resale value of the eligible home; and\nmust, within the submission period, give the other party a copy of any submission made to the valuer as mentioned in paragraph (a) ; and\nmay make a written submission to the valuer, within a stated reasonable period (the response period ), to any submission given to the party as mentioned in paragraph (b) .\nEach party—\nmay make a written submission to the valuer, within the submission period, about the valuation of the resale value of the eligible home; and\nmust, within the submission period, give the other party a copy of any submission made to the valuer under paragraph (a) ; and\nmay make a written submission to the valuer, within the response period, about any submission given to the party by the other party under paragraph (b) .\ns 62ZG ins 2024 No. 28 s 12\n(sec.62ZG-ssec.1) The valuer must give the parties a notice stating that each party— may make a written submission to the valuer, within a stated reasonable period (the submission period ), about the valuation of the resale value of the eligible home; and must, within the submission period, give the other party a copy of any submission made to the valuer as mentioned in paragraph (a) ; and may make a written submission to the valuer, within a stated reasonable period (the response period ), to any submission given to the party as mentioned in paragraph (b) .\n(sec.62ZG-ssec.2) Each party— may make a written submission to the valuer, within the submission period, about the valuation of the resale value of the eligible home; and must, within the submission period, give the other party a copy of any submission made to the valuer under paragraph (a) ; and may make a written submission to the valuer, within the response period, about any submission given to the party by the other party under paragraph (b) .\n- (a) may make a written submission to the valuer, within a stated reasonable period (the submission period ), about the valuation of the resale value of the eligible home; and\n- (b) must, within the submission period, give the other party a copy of any submission made to the valuer as mentioned in paragraph (a) ; and\n- (c) may make a written submission to the valuer, within a stated reasonable period (the response period ), to any submission given to the party as mentioned in paragraph (b) .\n- (a) may make a written submission to the valuer, within the submission period, about the valuation of the resale value of the eligible home; and\n- (b) must, within the submission period, give the other party a copy of any submission made to the valuer under paragraph (a) ; and\n- (c) may make a written submission to the valuer, within the response period, about any submission given to the party by the other party under paragraph (b) .","sortOrder":191},{"sectionNumber":"sec.62ZH","sectionType":"section","heading":"How valuation is to be conducted","content":"### sec.62ZH How valuation is to be conducted\n\nThe valuer must comply with this section in conducting the valuation of the resale value of the eligible home.\nThe valuer must conduct the valuation on the basis that—\nthe eligible home will continue to be positioned on the site in the residential park on which it is currently positioned; and\nthe residential park is operating normally and will continue to operate normally.\nAlso, the valuer must consider—\nthe following matters in relation to the eligible home—\nthe condition, quality and presentation of the home;\nthe location within the residential park of the site on which the home is positioned;\nthe site rent payable for the site on which the home is positioned in the residential park; and\nthe communal facilities, services and amenities provided in the residential park; and\nprevious sales of manufactured homes in the residential park and in comparable residential parks; and\nany other matters the valuer considers relevant.\nFurther, the valuer must have regard to any submissions made by the parties to the valuer during the submission period, or the response period, under section 62ZG about the resale value of the eligible home.\ns 62ZH ins 2024 No. 28 s 12\n(sec.62ZH-ssec.1) The valuer must comply with this section in conducting the valuation of the resale value of the eligible home.\n(sec.62ZH-ssec.2) The valuer must conduct the valuation on the basis that— the eligible home will continue to be positioned on the site in the residential park on which it is currently positioned; and the residential park is operating normally and will continue to operate normally.\n(sec.62ZH-ssec.3) Also, the valuer must consider— the following matters in relation to the eligible home— the condition, quality and presentation of the home; the location within the residential park of the site on which the home is positioned; the site rent payable for the site on which the home is positioned in the residential park; and the communal facilities, services and amenities provided in the residential park; and previous sales of manufactured homes in the residential park and in comparable residential parks; and any other matters the valuer considers relevant.\n(sec.62ZH-ssec.4) Further, the valuer must have regard to any submissions made by the parties to the valuer during the submission period, or the response period, under section 62ZG about the resale value of the eligible home.\n- (a) the eligible home will continue to be positioned on the site in the residential park on which it is currently positioned; and\n- (b) the residential park is operating normally and will continue to operate normally.\n- (a) the following matters in relation to the eligible home— (i) the condition, quality and presentation of the home; (ii) the location within the residential park of the site on which the home is positioned; (iii) the site rent payable for the site on which the home is positioned in the residential park; and\n- (i) the condition, quality and presentation of the home;\n- (ii) the location within the residential park of the site on which the home is positioned;\n- (iii) the site rent payable for the site on which the home is positioned in the residential park; and\n- (b) the communal facilities, services and amenities provided in the residential park; and\n- (c) previous sales of manufactured homes in the residential park and in comparable residential parks; and\n- (d) any other matters the valuer considers relevant.\n- (i) the condition, quality and presentation of the home;\n- (ii) the location within the residential park of the site on which the home is positioned;\n- (iii) the site rent payable for the site on which the home is positioned in the residential park; and","sortOrder":192},{"sectionNumber":"sec.62ZI","sectionType":"section","heading":"Valuer may require information from park owner","content":"### sec.62ZI Valuer may require information from park owner\n\nThe valuer may, by notice given to the park owner, require the park owner to give the valuer stated information about any of the following matters the valuer reasonably needs to conduct the valuation—\nthe residential park;\nthe eligible home;\nthe site on which the eligible home is positioned;\nthe site agreement for the site on which the eligible home is positioned;\nprevious sales by the park owner of manufactured homes in the residential park;\nthe price of new manufactured homes positioned on a site in the residential park.\nThe park owner must give the valuer the information required by the valuer within 7 days after the notice is given to the park owner, unless the park owner has a reasonable excuse.\nThe park owner does not have, and can not reasonably obtain, the information required by the valuer.\nMaximum penalty—10 penalty units.\ns 62ZI ins 2024 No. 28 s 12\namd 2024 No. 28 s 42 (uncommenced amendment)\n(sec.62ZI-ssec.1) The valuer may, by notice given to the park owner, require the park owner to give the valuer stated information about any of the following matters the valuer reasonably needs to conduct the valuation— the residential park; the eligible home; the site on which the eligible home is positioned; the site agreement for the site on which the eligible home is positioned; previous sales by the park owner of manufactured homes in the residential park; the price of new manufactured homes positioned on a site in the residential park.\n(sec.62ZI-ssec.2) The park owner must give the valuer the information required by the valuer within 7 days after the notice is given to the park owner, unless the park owner has a reasonable excuse. The park owner does not have, and can not reasonably obtain, the information required by the valuer. Maximum penalty—10 penalty units.\n- (a) the residential park;\n- (b) the eligible home;\n- (c) the site on which the eligible home is positioned;\n- (d) the site agreement for the site on which the eligible home is positioned;\n- (e) previous sales by the park owner of manufactured homes in the residential park;\n- (f) the price of new manufactured homes positioned on a site in the residential park.","sortOrder":193},{"sectionNumber":"sec.62ZJ","sectionType":"section","heading":"Valuer’s independence","content":"### sec.62ZJ Valuer’s independence\n\nThe valuer must state in the report for the valuation of the resale value of the eligible home any connection to, or agreement with, the park owner that may call into question the independence of the valuation.\ns 62ZJ ins 2024 No. 28 s 12","sortOrder":194},{"sectionNumber":"sec.62ZK","sectionType":"section","heading":"Costs of conducting valuation","content":"### sec.62ZK Costs of conducting valuation\n\nThe valuer’s costs of conducting the valuation must be paid by the park owner.\nThis section applies subject to section 62X .\ns 62ZK ins 2024 No. 28 s 12\n(sec.62ZK-ssec.1) The valuer’s costs of conducting the valuation must be paid by the park owner.\n(sec.62ZK-ssec.2) This section applies subject to section 62X .","sortOrder":195},{"sectionNumber":"pt.10","sectionType":"part","heading":"Site rent","content":"# Site rent","sortOrder":196},{"sectionNumber":"sec.63","sectionType":"section","heading":"Meaning of approved way","content":"### sec.63 Meaning of approved way\n\nEach of the following is an approved way for a home owner to pay site rent under a site agreement to a park owner—\ncash;\ncheque;\npayment to a financial institution account nominated by the park owner, including, for example, payment by direct debit;\ncredit card;\nan EFTPOS system;\ndeduction from pay, pension or other benefit payable to the home owner;\nanother way prescribed by regulation.\ns 63 sub 2024 No. 28 s 27\n- (a) cash;\n- (b) cheque;\n- (c) payment to a financial institution account nominated by the park owner, including, for example, payment by direct debit;\n- (d) credit card;\n- (e) an EFTPOS system;\n- (f) deduction from pay, pension or other benefit payable to the home owner;\n- (g) another way prescribed by regulation.","sortOrder":197},{"sectionNumber":"sec.63A","sectionType":"section","heading":"How site rent to be paid","content":"### sec.63A How site rent to be paid\n\nA park owner must—\nnominate in a site agreement at least 3 approved ways for the home owner to pay site rent under the agreement (each a nominated way ); and\nensure at least 1 of the nominated ways is a way that does not incur an additional cost to the home owner.\nMaximum penalty—10 penalty units.\nA park owner must permit the home owner to pay the site rent in a nominated way.\nMaximum penalty—10 penalty units.\nIn this section—\nadditional cost , to a home owner, means a cost other than bank fees, or other account fees, that are usually payable for the home owner’s transactions.\ns 63A ins 2024 No. 28 s 27\n(sec.63A-ssec.1) A park owner must— nominate in a site agreement at least 3 approved ways for the home owner to pay site rent under the agreement (each a nominated way ); and ensure at least 1 of the nominated ways is a way that does not incur an additional cost to the home owner. Maximum penalty—10 penalty units.\n(sec.63A-ssec.2) A park owner must permit the home owner to pay the site rent in a nominated way. Maximum penalty—10 penalty units.\n(sec.63A-ssec.3) In this section— additional cost , to a home owner, means a cost other than bank fees, or other account fees, that are usually payable for the home owner’s transactions.\n- (a) nominate in a site agreement at least 3 approved ways for the home owner to pay site rent under the agreement (each a nominated way ); and\n- (b) ensure at least 1 of the nominated ways is a way that does not incur an additional cost to the home owner.","sortOrder":198},{"sectionNumber":"sec.63B","sectionType":"section","heading":"Changing way of paying site rent generally","content":"### sec.63B Changing way of paying site rent generally\n\nThis section applies if a home owner wishes to change the way the home owner pays site rent under a site agreement—\nfrom a nominated way to another nominated way; or\nfrom an agreed way to a nominated way.\nThe home owner may give the park owner a notice stating the nominated way proposed by the home owner.\nThe park owner must, within 10 days after being given a notice under subsection (2) , give the home owner a notice stating the day, not more than 20 days after the home owner’s notice is given, from which the nominated way proposed by the home owner is to be used for paying the site rent.\nMaximum penalty—10 penalty units.\nIn this section—\nagreed way , for a home owner to pay site rent under a site agreement, means a way agreed by the home owner and the park owner under section 63C (3) .\ns 63B ins 2024 No. 28 s 27\n(sec.63B-ssec.1) This section applies if a home owner wishes to change the way the home owner pays site rent under a site agreement— from a nominated way to another nominated way; or from an agreed way to a nominated way.\n(sec.63B-ssec.2) The home owner may give the park owner a notice stating the nominated way proposed by the home owner.\n(sec.63B-ssec.3) The park owner must, within 10 days after being given a notice under subsection (2) , give the home owner a notice stating the day, not more than 20 days after the home owner’s notice is given, from which the nominated way proposed by the home owner is to be used for paying the site rent. Maximum penalty—10 penalty units.\n(sec.63B-ssec.4) In this section— agreed way , for a home owner to pay site rent under a site agreement, means a way agreed by the home owner and the park owner under section 63C (3) .\n- (a) from a nominated way to another nominated way; or\n- (b) from an agreed way to a nominated way.","sortOrder":199},{"sectionNumber":"sec.63C","sectionType":"section","heading":"Changing way of paying site rent by agreement","content":"### sec.63C Changing way of paying site rent by agreement\n\nThis section applies if a home owner, or the park owner, wishes to have payments of site rent under a site agreement made in a way that—\nis an approved way; but\nis not 1 of the nominated ways stated in the site agreement.\nThe home owner or the park owner may give the other party a notice stating a way mentioned in subsection (1) for paying the site rent.\nIf the other party agrees in writing to payments of site rent being made in the stated way, the home owner must pay the site rent in the stated way while the agreement remains in effect.\nSubsection (3) applies subject to section 63B .\ns 63C ins 2024 No. 28 s 27\n(sec.63C-ssec.1) This section applies if a home owner, or the park owner, wishes to have payments of site rent under a site agreement made in a way that— is an approved way; but is not 1 of the nominated ways stated in the site agreement.\n(sec.63C-ssec.2) The home owner or the park owner may give the other party a notice stating a way mentioned in subsection (1) for paying the site rent.\n(sec.63C-ssec.3) If the other party agrees in writing to payments of site rent being made in the stated way, the home owner must pay the site rent in the stated way while the agreement remains in effect.\n(sec.63C-ssec.4) Subsection (3) applies subject to section 63B .\n- (a) is an approved way; but\n- (b) is not 1 of the nominated ways stated in the site agreement.","sortOrder":200},{"sectionNumber":"sec.64","sectionType":"section","heading":"Where site rent to be paid","content":"### sec.64 Where site rent to be paid\n\nIf a site agreement states the place for payment of the site rent payable under the agreement, the home owner must pay the site rent at the place stated.\nHowever, if, after signing the agreement, the park owner gives the home owner a notice stating a place, or a different place, for the payment of the site rent and the place is reasonable, the home owner must pay the site rent at the place stated in the notice while the notice is in force.\nIf the place for payment of the site rent is not stated in the agreement, the home owner must pay the site rent at an appropriate place.\nthe park owner’s office in the residential park\n(sec.64-ssec.1) If a site agreement states the place for payment of the site rent payable under the agreement, the home owner must pay the site rent at the place stated.\n(sec.64-ssec.2) However, if, after signing the agreement, the park owner gives the home owner a notice stating a place, or a different place, for the payment of the site rent and the place is reasonable, the home owner must pay the site rent at the place stated in the notice while the notice is in force.\n(sec.64-ssec.3) If the place for payment of the site rent is not stated in the agreement, the home owner must pay the site rent at an appropriate place. the park owner’s office in the residential park","sortOrder":201},{"sectionNumber":"sec.65","sectionType":"section","heading":"Receipts and other records","content":"### sec.65 Receipts and other records\n\nIf site rent is paid in cash, the person receiving the payment must give the person making the payment a receipt for the payment as required under this section.\nMaximum penalty—10 penalty units.\nIf site rent is paid by cheque and the person making the payment asks for a receipt when making the payment, the person receiving the payment must give the person making the payment a receipt for the payment as required under this section.\nMaximum penalty—10 penalty units.\nThe receipt must be signed by the person receiving the payment.\nThe receipt must be given to the person making the payment—\nfor a payment made personally and in cash—when the payment is made; or\nfor a payment made in cash but not personally—before the next business day after the day the payment is received; or\nfor a payment made by cheque—within 3 business days after the day the payment is received.\nThe park owner for a residential park must, for a payment of site rent by a home owner—\nmake an electronic or written record of the payment (the site rent payment record ); and\nif asked by the home owner, give a copy of the site rent payment record to the home owner within 7 days after the request is made.\nMaximum penalty—10 penalty units.\nHowever, the site rent payment record is not required to be made if—\nthe site rent payment is made in cash; or\nthe site rent payment is made by cheque and a receipt is given for the payment.\nA receipt given for, or a site rent payment record made of, a payment of site rent must state the following—\nthe name of the home owner for the site for which the payment is made;\nsufficient particulars to identify the site;\nthe date the payment is received;\nthe period for which the payment is made;\nthe amount of the payment;\nthat the payment is a payment of site rent.\n(sec.65-ssec.1) If site rent is paid in cash, the person receiving the payment must give the person making the payment a receipt for the payment as required under this section. Maximum penalty—10 penalty units.\n(sec.65-ssec.2) If site rent is paid by cheque and the person making the payment asks for a receipt when making the payment, the person receiving the payment must give the person making the payment a receipt for the payment as required under this section. Maximum penalty—10 penalty units.\n(sec.65-ssec.3) The receipt must be signed by the person receiving the payment.\n(sec.65-ssec.4) The receipt must be given to the person making the payment— for a payment made personally and in cash—when the payment is made; or for a payment made in cash but not personally—before the next business day after the day the payment is received; or for a payment made by cheque—within 3 business days after the day the payment is received.\n(sec.65-ssec.5) The park owner for a residential park must, for a payment of site rent by a home owner— make an electronic or written record of the payment (the site rent payment record ); and if asked by the home owner, give a copy of the site rent payment record to the home owner within 7 days after the request is made. Maximum penalty—10 penalty units.\n(sec.65-ssec.6) However, the site rent payment record is not required to be made if— the site rent payment is made in cash; or the site rent payment is made by cheque and a receipt is given for the payment.\n(sec.65-ssec.7) A receipt given for, or a site rent payment record made of, a payment of site rent must state the following— the name of the home owner for the site for which the payment is made; sufficient particulars to identify the site; the date the payment is received; the period for which the payment is made; the amount of the payment; that the payment is a payment of site rent.\n- (a) for a payment made personally and in cash—when the payment is made; or\n- (b) for a payment made in cash but not personally—before the next business day after the day the payment is received; or\n- (c) for a payment made by cheque—within 3 business days after the day the payment is received.\n- (a) make an electronic or written record of the payment (the site rent payment record ); and\n- (b) if asked by the home owner, give a copy of the site rent payment record to the home owner within 7 days after the request is made.\n- (a) the site rent payment is made in cash; or\n- (b) the site rent payment is made by cheque and a receipt is given for the payment.\n- (a) the name of the home owner for the site for which the payment is made;\n- (b) sufficient particulars to identify the site;\n- (c) the date the payment is received;\n- (d) the period for which the payment is made;\n- (e) the amount of the payment;\n- (f) that the payment is a payment of site rent.","sortOrder":202},{"sectionNumber":"sec.66","sectionType":"section","heading":"Keeping records","content":"### sec.66 Keeping records\n\nThe park owner for a residential park must, for each payment of site rent under a site agreement for which a receipt has been given—\nmake a copy of the receipt or make another appropriate written record of the payment; and\nkeep the copy or other record until the earlier of the following—\nthe day that is 7 years after the receipt is given;\nthe first anniversary of the end of the agreement.\nMaximum penalty—20 penalty units.\nThe park owner for a residential park must, for each payment of site rent under a site agreement for which a site rent payment record has been made, keep the record until the earlier of the following—\nthe day that is 7 years after the record is made;\nthe first anniversary of the end of the agreement.\nMaximum penalty—20 penalty units.\n(sec.66-ssec.1) The park owner for a residential park must, for each payment of site rent under a site agreement for which a receipt has been given— make a copy of the receipt or make another appropriate written record of the payment; and keep the copy or other record until the earlier of the following— the day that is 7 years after the receipt is given; the first anniversary of the end of the agreement. Maximum penalty—20 penalty units.\n(sec.66-ssec.2) The park owner for a residential park must, for each payment of site rent under a site agreement for which a site rent payment record has been made, keep the record until the earlier of the following— the day that is 7 years after the record is made; the first anniversary of the end of the agreement. Maximum penalty—20 penalty units.\n- (a) make a copy of the receipt or make another appropriate written record of the payment; and\n- (b) keep the copy or other record until the earlier of the following— (i) the day that is 7 years after the receipt is given; (ii) the first anniversary of the end of the agreement.\n- (i) the day that is 7 years after the receipt is given;\n- (ii) the first anniversary of the end of the agreement.\n- (i) the day that is 7 years after the receipt is given;\n- (ii) the first anniversary of the end of the agreement.\n- (a) the day that is 7 years after the record is made;\n- (b) the first anniversary of the end of the agreement.","sortOrder":203},{"sectionNumber":"sec.67","sectionType":"section","heading":"False, misleading or incomplete site rent record","content":"### sec.67 False, misleading or incomplete site rent record\n\nA person must not—\nmake an entry in a site rent record the person knows is false or misleading in a material particular; or\nfail to enter a material particular in a site rent record unless the person does not know, and can not reasonably obtain, the necessary information.\nMaximum penalty—20 penalty units.\nIn this section—\nsite rent record means a receipt given for, or a site rent payment record or another record made of, a payment of site rent under a site agreement.\n(sec.67-ssec.1) A person must not— make an entry in a site rent record the person knows is false or misleading in a material particular; or fail to enter a material particular in a site rent record unless the person does not know, and can not reasonably obtain, the necessary information. Maximum penalty—20 penalty units.\n(sec.67-ssec.2) In this section— site rent record means a receipt given for, or a site rent payment record or another record made of, a payment of site rent under a site agreement.\n- (a) make an entry in a site rent record the person knows is false or misleading in a material particular; or\n- (b) fail to enter a material particular in a site rent record unless the person does not know, and can not reasonably obtain, the necessary information.","sortOrder":204},{"sectionNumber":"pt.11","sectionType":"part","heading":"Varying site rent","content":"# Varying site rent","sortOrder":205},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":206},{"sectionNumber":"sec.68","sectionType":"section","heading":"Ways of varying site rent","content":"### sec.68 Ways of varying site rent\n\nThe site rent payable under a site agreement may only be varied in the ways stated in this part.","sortOrder":207},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Increase in site rent provided for in site agreement","content":"## Increase in site rent provided for in site agreement","sortOrder":208},{"sectionNumber":"sec.69","sectionType":"section","heading":"Application of division","content":"### sec.69 Application of division\n\nThis division applies if—\na site agreement between the park owner for a residential park and a home owner provides for an increase in the site rent payable under the agreement; and\nthe park owner proposes to increase the site rent as provided for under the site agreement.\nHowever, this division does not apply if the site rent is proposed to be increased to cover a special cost.\nThe site rent can not be increased as provided for under the site agreement unless the park owner complies with sections 69A to 69E .\nSee sections 23 and 24 (1) .\ns 69 amd 2010 No. 46 s 18\nsub 2017 No. 42 s 33\n(sec.69-ssec.1) This division applies if— a site agreement between the park owner for a residential park and a home owner provides for an increase in the site rent payable under the agreement; and the park owner proposes to increase the site rent as provided for under the site agreement.\n(sec.69-ssec.2) However, this division does not apply if the site rent is proposed to be increased to cover a special cost.\n(sec.69-ssec.3) The site rent can not be increased as provided for under the site agreement unless the park owner complies with sections 69A to 69E . See sections 23 and 24 (1) .\n- (a) a site agreement between the park owner for a residential park and a home owner provides for an increase in the site rent payable under the agreement; and\n- (b) the park owner proposes to increase the site rent as provided for under the site agreement.","sortOrder":209},{"sectionNumber":"sec.69AA","sectionType":"section","heading":"References in site agreements to particular consumer price indexes","content":"### sec.69AA References in site agreements to particular consumer price indexes\n\nThis section applies if a site agreement provides a basis for increasing the site rent by reference to an increase in—\nthe consumer price index generally; or\na stated consumer price index other than the Eight Capital Cities CPI.\nThe reference to the consumer price index is taken to be a reference to the Eight Capital Cities CPI.\nSubsection (2) applies despite the terms of the site agreement.\nIn this section—\nEight Capital Cities CPI means the Consumer Price Index: All Groups Index Numbers—Weighted Average of Eight Capital Cities published by the Australian Bureau of Statistics.\ns 69AA ins 2024 No. 28 s 13\n(sec.69AA-ssec.1) This section applies if a site agreement provides a basis for increasing the site rent by reference to an increase in— the consumer price index generally; or a stated consumer price index other than the Eight Capital Cities CPI.\n(sec.69AA-ssec.2) The reference to the consumer price index is taken to be a reference to the Eight Capital Cities CPI.\n(sec.69AA-ssec.3) Subsection (2) applies despite the terms of the site agreement.\n(sec.69AA-ssec.4) In this section— Eight Capital Cities CPI means the Consumer Price Index: All Groups Index Numbers—Weighted Average of Eight Capital Cities published by the Australian Bureau of Statistics.\n- (a) the consumer price index generally; or\n- (b) a stated consumer price index other than the Eight Capital Cities CPI.","sortOrder":210},{"sectionNumber":"sec.69A","sectionType":"section","heading":"Basis for site rent increase to be stated in site agreement","content":"### sec.69A Basis for site rent increase to be stated in site agreement\n\nThe park owner must ensure that—\nthe site agreement states the basis for working out the amount of an increase in the site rent; and\nthe basis stated under paragraph (a) is a basis prescribed by regulation for that purpose.\nA site agreement is of no effect to the extent a basis stated in the site agreement for working out the amount of an increase in site rent is not a basis prescribed by regulation for that purpose.\ns 69A ins 2017 No. 42 s 33\namd 2024 No. 28 s 14\nsub 2024 No. 28 s 43\n(sec.69A-ssec.1) The park owner must ensure that— the site agreement states the basis for working out the amount of an increase in the site rent; and the basis stated under paragraph (a) is a basis prescribed by regulation for that purpose.\n(sec.69A-ssec.2) A site agreement is of no effect to the extent a basis stated in the site agreement for working out the amount of an increase in site rent is not a basis prescribed by regulation for that purpose.\n- (a) the site agreement states the basis for working out the amount of an increase in the site rent; and\n- (b) the basis stated under paragraph (a) is a basis prescribed by regulation for that purpose.","sortOrder":211},{"sectionNumber":"sec.69B","sectionType":"section","heading":"Restrictions on increasing site rent under site agreement","content":"### sec.69B Restrictions on increasing site rent under site agreement\n\nThe park owner must not work out an increase in the site rent using more than 1 basis at one time.\nDespite any basis stated in the site agreement for increasing the site rent, the park owner must not increase the site rent by more than the greater of the following percentages—\nthe CPI increase;\n3.5%.\nMaximum penalty—100 penalty units.\nA site rent increase that is greater than the increase permitted under subsection (2) is of no effect to the extent it exceeds the permitted increase.\nIf the site rent has been increased under this division, the park owner must not increase the site rent under this division on any basis provided for in the site agreement within 1 year (the site rent year ) after the day the site rent was last increased under this division.\nSee also section 182 .\nFor subsection (4) , site rent is taken to be increased on the first day the site rent is payable at an increased rate.\nTo remove any doubt, it is declared that subsection (4) applies in relation to the site agreement for the site rent year even if the home owner became a party to the agreement in that year.\nIn this section—\nCPI increase means the percentage increase in the CPI between—\nthe last quarter, ending before the relevant day, for which the CPI is published; and\nthe corresponding quarter of the previous year.\nrelevant day means the latest day on which a general increase notice may be given under section 69E for the next general increase day.\ns 69B ins 2017 No. 42 s 33\namd 2024 No. 28 s 15\n(sec.69B-ssec.1) The park owner must not work out an increase in the site rent using more than 1 basis at one time.\n(sec.69B-ssec.2) Despite any basis stated in the site agreement for increasing the site rent, the park owner must not increase the site rent by more than the greater of the following percentages— the CPI increase; 3.5%. Maximum penalty—100 penalty units.\n(sec.69B-ssec.3) A site rent increase that is greater than the increase permitted under subsection (2) is of no effect to the extent it exceeds the permitted increase.\n(sec.69B-ssec.4) If the site rent has been increased under this division, the park owner must not increase the site rent under this division on any basis provided for in the site agreement within 1 year (the site rent year ) after the day the site rent was last increased under this division. See also section 182 .\n(sec.69B-ssec.5) For subsection (4) , site rent is taken to be increased on the first day the site rent is payable at an increased rate.\n(sec.69B-ssec.6) To remove any doubt, it is declared that subsection (4) applies in relation to the site agreement for the site rent year even if the home owner became a party to the agreement in that year.\n(sec.69B-ssec.7) In this section— CPI increase means the percentage increase in the CPI between— the last quarter, ending before the relevant day, for which the CPI is published; and the corresponding quarter of the previous year. relevant day means the latest day on which a general increase notice may be given under section 69E for the next general increase day.\n- (a) the CPI increase;\n- (b) 3.5%.\n- (a) the last quarter, ending before the relevant day, for which the CPI is published; and\n- (b) the corresponding quarter of the previous year.","sortOrder":212},{"sectionNumber":"sec.69C","sectionType":"section","heading":"Park owner must nominate general increase day for eligible sites","content":"### sec.69C Park owner must nominate general increase day for eligible sites\n\nThe park owner must nominate the same day (the general increase day ) when the site rent payable under the site agreements for all eligible sites in the residential park will be increased on the same basis (the relevant basis ).\nA site is an eligible site for which the general increase day may be nominated if, under the terms of the site agreement for the site, the site rent may be increased on the relevant basis on or before the general increase day.\nSubsection (4) applies if the general increase day is nominated under subsection (1) for an eligible site and a general increase notice stating the general increase day (the stated increase day ) is given to the home owner for the site under section 69E .\nThe next general increase day that may be nominated under subsection (1) for any eligible site in the residential park must be at least 1 year after the stated increase day.\ns 69C ins 2017 No. 42 s 33\n(sec.69C-ssec.1) The park owner must nominate the same day (the general increase day ) when the site rent payable under the site agreements for all eligible sites in the residential park will be increased on the same basis (the relevant basis ).\n(sec.69C-ssec.2) A site is an eligible site for which the general increase day may be nominated if, under the terms of the site agreement for the site, the site rent may be increased on the relevant basis on or before the general increase day.\n(sec.69C-ssec.3) Subsection (4) applies if the general increase day is nominated under subsection (1) for an eligible site and a general increase notice stating the general increase day (the stated increase day ) is given to the home owner for the site under section 69E .\n(sec.69C-ssec.4) The next general increase day that may be nominated under subsection (1) for any eligible site in the residential park must be at least 1 year after the stated increase day.","sortOrder":213},{"sectionNumber":"sec.69D","sectionType":"section","heading":null,"content":"### Section sec.69D\n\ns 69D ins 2017 No. 42 s 33\nom 2024 No. 28 s 16","sortOrder":214},{"sectionNumber":"sec.69E","sectionType":"section","heading":"Notice of general increase in site rent","content":"### sec.69E Notice of general increase in site rent\n\nAt least 35 days before the general increase day for the eligible sites, the park owner must give the home owner for each eligible site a notice (a general increase notice ) stating the following—\nthe amount of the proposed increased site rent;\nthe basis for increasing the site rent;\nhow the amount of the proposed increased site rent has been worked out using the basis;\nthe general increase day;\nthe day the notice is given to the home owner.\nFor giving documents, see the Acts Interpretation Act 1954 , section 39 and the Electronic Transactions (Queensland) Act 2001 , chapter 2 , part 2 , division 1 .\nThe park owner must ensure the general increase notice also states that if the home owner disputes the amount of the proposed increase—\nthe home owner must, within 28 days after receiving the notice, give the park owner a dispute negotiation notice for the dispute; and\nthe home owner must use the dispute resolution procedures under part 17 , division 1 to try to resolve the dispute with the park owner; and\nthe home owner may, subject to section 116 , apply to the tribunal for an order reducing the amount of, or setting aside, the increase if the dispute can not be resolved using the dispute resolution procedures.\nMaximum penalty—100 penalty units.\nThe proposed increased site rent is payable from the general increase day stated in the general increase notice.\ns 69E ins 2017 No. 42 s 33\namd 2024 No. 28 s 17\n(sec.69E-ssec.1) At least 35 days before the general increase day for the eligible sites, the park owner must give the home owner for each eligible site a notice (a general increase notice ) stating the following— the amount of the proposed increased site rent; the basis for increasing the site rent; how the amount of the proposed increased site rent has been worked out using the basis; the general increase day; the day the notice is given to the home owner. For giving documents, see the Acts Interpretation Act 1954 , section 39 and the Electronic Transactions (Queensland) Act 2001 , chapter 2 , part 2 , division 1 .\n(sec.69E-ssec.2) The park owner must ensure the general increase notice also states that if the home owner disputes the amount of the proposed increase— the home owner must, within 28 days after receiving the notice, give the park owner a dispute negotiation notice for the dispute; and the home owner must use the dispute resolution procedures under part 17 , division 1 to try to resolve the dispute with the park owner; and the home owner may, subject to section 116 , apply to the tribunal for an order reducing the amount of, or setting aside, the increase if the dispute can not be resolved using the dispute resolution procedures. Maximum penalty—100 penalty units.\n(sec.69E-ssec.3) The proposed increased site rent is payable from the general increase day stated in the general increase notice.\n- (a) the amount of the proposed increased site rent;\n- (b) the basis for increasing the site rent;\n- (c) how the amount of the proposed increased site rent has been worked out using the basis;\n- (d) the general increase day;\n- (e) the day the notice is given to the home owner.\n- (a) the home owner must, within 28 days after receiving the notice, give the park owner a dispute negotiation notice for the dispute; and\n- (b) the home owner must use the dispute resolution procedures under part 17 , division 1 to try to resolve the dispute with the park owner; and\n- (c) the home owner may, subject to section 116 , apply to the tribunal for an order reducing the amount of, or setting aside, the increase if the dispute can not be resolved using the dispute resolution procedures.","sortOrder":215},{"sectionNumber":"sec.69F","sectionType":"section","heading":"Market review terms of no effect","content":"### sec.69F Market review terms of no effect\n\nA term of a site agreement that states the basis for working out the amount of an increase in the site rent as a market review of site rent is of no effect.\ns 69F ins 2024 No. 28 s 18","sortOrder":216},{"sectionNumber":"sec.70","sectionType":"section","heading":"Dispute resolution and application to tribunal about general site rent increase","content":"### sec.70 Dispute resolution and application to tribunal about general site rent increase\n\nThis section applies if—\nthe park owner for a residential park gives a home owner for an eligible site a general increase notice for a proposed increase in site rent; and\nthe home owner disputes the amount of the proposed increase on the basis it is excessive.\nThe home owner must, within 28 days after receiving the general increase notice, give the park owner a dispute negotiation notice for the dispute.\nThe home owner may, subject to section 116 , apply to the tribunal for an order under subsection (4) .\nUnder section 141 , a group of home owners may make a joint application in relation to a residential park dispute arising out of the same or similar facts or circumstances.\nIf the home owner applies under subsection (3) , the tribunal may make any of the following orders—\nan order reducing the amount of the increase by a stated amount;\nan order setting aside the increase;\nan order confirming the increase on the conditions, if any, the tribunal considers appropriate;\nanother order the tribunal considers appropriate.\nIn deciding the application, the tribunal may have regard to the following—\nthe range of site rents usually charged for comparable sites in comparable residential parks in the locality of the park;\nif it is impractical to obtain data for the range of site rents mentioned in paragraph (a) , data is not available for that range or it is just and equitable to do so in the particular circumstances—the range of site rents usually charged for comparable sites in comparable residential parks in comparable localities to the locality the park is in;\nif it is impractical to obtain data for the range of site rents mentioned in paragraph (a) or (b) , data is not available for that range or it is just and equitable to do so in the particular circumstances—general trends in rent for residential accommodation in the locality the park is in;\nthe increased site rent compared to the previous site rent;\nthe frequency, and amount, of past increases in the site rent payable under the agreement;\nany increase in the CPI number during the previous site rent period;\nthe amenity or standard of the common areas and communal facilities;\nany withdrawal of a communal facility or service previously provided at the park;\nany addition of a communal facility or service not previously provided at the park;\nany increase in the park owner’s operating costs for the park during the previous site rent period;\nwhether the increase is fair and equitable in all the circumstances of the case;\nanything else the tribunal considers relevant.\nIf, in deciding the application, the tribunal makes an order mentioned in subsection (4) (a) or (b) , the park owner must refund to the home owner any overpayment of the site rent since when the increased site rent has been paid.\nMaximum penalty—10 penalty units.\nAn amount payable to the home owner under subsection (6) is recoverable as a debt.\nIn this section—\nprevious site rent means the site rent payable under the agreement before the increase.\nprevious site rent period means the period commencing on the first day the previous site rent was payable and ending on the day the tribunal decides the application.\ns 70 amd 2010 No. 46 s 19 ; 2017 No. 42 s 34\n(sec.70-ssec.1) This section applies if— the park owner for a residential park gives a home owner for an eligible site a general increase notice for a proposed increase in site rent; and the home owner disputes the amount of the proposed increase on the basis it is excessive.\n(sec.70-ssec.2) The home owner must, within 28 days after receiving the general increase notice, give the park owner a dispute negotiation notice for the dispute.\n(sec.70-ssec.3) The home owner may, subject to section 116 , apply to the tribunal for an order under subsection (4) . Under section 141 , a group of home owners may make a joint application in relation to a residential park dispute arising out of the same or similar facts or circumstances.\n(sec.70-ssec.4) If the home owner applies under subsection (3) , the tribunal may make any of the following orders— an order reducing the amount of the increase by a stated amount; an order setting aside the increase; an order confirming the increase on the conditions, if any, the tribunal considers appropriate; another order the tribunal considers appropriate.\n(sec.70-ssec.5) In deciding the application, the tribunal may have regard to the following— the range of site rents usually charged for comparable sites in comparable residential parks in the locality of the park; if it is impractical to obtain data for the range of site rents mentioned in paragraph (a) , data is not available for that range or it is just and equitable to do so in the particular circumstances—the range of site rents usually charged for comparable sites in comparable residential parks in comparable localities to the locality the park is in; if it is impractical to obtain data for the range of site rents mentioned in paragraph (a) or (b) , data is not available for that range or it is just and equitable to do so in the particular circumstances—general trends in rent for residential accommodation in the locality the park is in; the increased site rent compared to the previous site rent; the frequency, and amount, of past increases in the site rent payable under the agreement; any increase in the CPI number during the previous site rent period; the amenity or standard of the common areas and communal facilities; any withdrawal of a communal facility or service previously provided at the park; any addition of a communal facility or service not previously provided at the park; any increase in the park owner’s operating costs for the park during the previous site rent period; whether the increase is fair and equitable in all the circumstances of the case; anything else the tribunal considers relevant.\n(sec.70-ssec.6) If, in deciding the application, the tribunal makes an order mentioned in subsection (4) (a) or (b) , the park owner must refund to the home owner any overpayment of the site rent since when the increased site rent has been paid. Maximum penalty—10 penalty units.\n(sec.70-ssec.7) An amount payable to the home owner under subsection (6) is recoverable as a debt.\n(sec.70-ssec.8) In this section— previous site rent means the site rent payable under the agreement before the increase. previous site rent period means the period commencing on the first day the previous site rent was payable and ending on the day the tribunal decides the application.\n- (a) the park owner for a residential park gives a home owner for an eligible site a general increase notice for a proposed increase in site rent; and\n- (b) the home owner disputes the amount of the proposed increase on the basis it is excessive.\n- (a) an order reducing the amount of the increase by a stated amount;\n- (b) an order setting aside the increase;\n- (c) an order confirming the increase on the conditions, if any, the tribunal considers appropriate;\n- (d) another order the tribunal considers appropriate.\n- (a) the range of site rents usually charged for comparable sites in comparable residential parks in the locality of the park;\n- (b) if it is impractical to obtain data for the range of site rents mentioned in paragraph (a) , data is not available for that range or it is just and equitable to do so in the particular circumstances—the range of site rents usually charged for comparable sites in comparable residential parks in comparable localities to the locality the park is in;\n- (c) if it is impractical to obtain data for the range of site rents mentioned in paragraph (a) or (b) , data is not available for that range or it is just and equitable to do so in the particular circumstances—general trends in rent for residential accommodation in the locality the park is in;\n- (d) the increased site rent compared to the previous site rent;\n- (e) the frequency, and amount, of past increases in the site rent payable under the agreement;\n- (f) any increase in the CPI number during the previous site rent period;\n- (g) the amenity or standard of the common areas and communal facilities;\n- (h) any withdrawal of a communal facility or service previously provided at the park;\n- (i) any addition of a communal facility or service not previously provided at the park;\n- (j) any increase in the park owner’s operating costs for the park during the previous site rent period;\n- (k) whether the increase is fair and equitable in all the circumstances of the case;\n- (l) anything else the tribunal considers relevant.","sortOrder":217},{"sectionNumber":"sec.70A","sectionType":"section","heading":null,"content":"### Section sec.70A\n\ns 70A ins 2017 No. 42 s 35\nom 2024 No. 28 s 19","sortOrder":218},{"sectionNumber":"pt.11-div.2A","sectionType":"division","heading":"Site rent for new home owners entering site agreements","content":"## Site rent for new home owners entering site agreements","sortOrder":219},{"sectionNumber":"sec.70B","sectionType":"section","heading":"Declaration of site rents payable by new home owners entering site agreements","content":"### sec.70B Declaration of site rents payable by new home owners entering site agreements\n\nThe park owner for a residential park must, before each general increase day, declare in the comparison document for the residential park the site rent, or the range of site rent, that is payable from the general increase day for a site agreement entered into by a new home owner.\nThe park owner may only declare the site rent under this section once every 12 months.\ns 70B ins 2024 No. 28 s 44\n(sec.70B-ssec.1) The park owner for a residential park must, before each general increase day, declare in the comparison document for the residential park the site rent, or the range of site rent, that is payable from the general increase day for a site agreement entered into by a new home owner.\n(sec.70B-ssec.2) The park owner may only declare the site rent under this section once every 12 months.","sortOrder":220},{"sectionNumber":"pt.11-div.3","sectionType":"division","heading":"Increase in site rent to cover special costs","content":"## Increase in site rent to cover special costs","sortOrder":221},{"sectionNumber":"sec.71","sectionType":"section","heading":"Application of division","content":"### sec.71 Application of division\n\nThis division applies if—\nthe park owner for a residential park proposes to increase the site rent payable under a site agreement for a site; and\nthe proposed increase in site rent is necessary to cover any of the following types of costs (each a special cost ) that the park owner has incurred, or expects to incur, for a particular purpose—\nsignificant increased operational costs in relation to the park, including, for example, significant increases in rates, taxes or utility costs for the park (an operational cost );\nthe cost of significant repairs in relation to the common areas or communal facilities in the park that the park owner could not reasonably have foreseen (a repair cost );\nthe cost of significant upgrades to the common areas or communal facilities in the park (an upgrade cost ); and\nthe proposed increase in site rent is not based wholly or partly on a basis provided for in the site agreement on which the site rent may be increased under division 2 .\nTo remove any doubt, it is declared that neither of the following amounts in relation to the buyback and rent reduction scheme established under part 9A is a special cost—\nan amount payable by the park owner under the scheme;\nan amount by which site rent must be reduced under the scheme.\nThis division applies whether or not the site agreement provides for an increase in the site rent to cover the special cost.\nThe site rent can not be increased to cover the special cost unless the park owner complies with section 71A (1) .\nSee sections 23 and 24 (1) .\ns 71 amd 2010 No. 46 s 20\nsub 2017 No. 42 s 36\namd 2024 No. 28 s 20\n(sec.71-ssec.1) This division applies if— the park owner for a residential park proposes to increase the site rent payable under a site agreement for a site; and the proposed increase in site rent is necessary to cover any of the following types of costs (each a special cost ) that the park owner has incurred, or expects to incur, for a particular purpose— significant increased operational costs in relation to the park, including, for example, significant increases in rates, taxes or utility costs for the park (an operational cost ); the cost of significant repairs in relation to the common areas or communal facilities in the park that the park owner could not reasonably have foreseen (a repair cost ); the cost of significant upgrades to the common areas or communal facilities in the park (an upgrade cost ); and the proposed increase in site rent is not based wholly or partly on a basis provided for in the site agreement on which the site rent may be increased under division 2 .\n(sec.71-ssec.2) To remove any doubt, it is declared that neither of the following amounts in relation to the buyback and rent reduction scheme established under part 9A is a special cost— an amount payable by the park owner under the scheme; an amount by which site rent must be reduced under the scheme.\n(sec.71-ssec.3) This division applies whether or not the site agreement provides for an increase in the site rent to cover the special cost.\n(sec.71-ssec.4) The site rent can not be increased to cover the special cost unless the park owner complies with section 71A (1) . See sections 23 and 24 (1) .\n- (a) the park owner for a residential park proposes to increase the site rent payable under a site agreement for a site; and\n- (b) the proposed increase in site rent is necessary to cover any of the following types of costs (each a special cost ) that the park owner has incurred, or expects to incur, for a particular purpose— (i) significant increased operational costs in relation to the park, including, for example, significant increases in rates, taxes or utility costs for the park (an operational cost ); (ii) the cost of significant repairs in relation to the common areas or communal facilities in the park that the park owner could not reasonably have foreseen (a repair cost ); (iii) the cost of significant upgrades to the common areas or communal facilities in the park (an upgrade cost ); and\n- (i) significant increased operational costs in relation to the park, including, for example, significant increases in rates, taxes or utility costs for the park (an operational cost );\n- (ii) the cost of significant repairs in relation to the common areas or communal facilities in the park that the park owner could not reasonably have foreseen (a repair cost );\n- (iii) the cost of significant upgrades to the common areas or communal facilities in the park (an upgrade cost ); and\n- (c) the proposed increase in site rent is not based wholly or partly on a basis provided for in the site agreement on which the site rent may be increased under division 2 .\n- (i) significant increased operational costs in relation to the park, including, for example, significant increases in rates, taxes or utility costs for the park (an operational cost );\n- (ii) the cost of significant repairs in relation to the common areas or communal facilities in the park that the park owner could not reasonably have foreseen (a repair cost );\n- (iii) the cost of significant upgrades to the common areas or communal facilities in the park (an upgrade cost ); and\n- (a) an amount payable by the park owner under the scheme;\n- (b) an amount by which site rent must be reduced under the scheme.","sortOrder":222},{"sectionNumber":"sec.71A","sectionType":"section","heading":"Notice of special increase in site rent","content":"### sec.71A Notice of special increase in site rent\n\nThe park owner must give the home owner for the site a notice (the special increase notice ) stating the following—\nthe type of the special cost and the purpose (the stated purpose ) for which it has been, or is expected to be, incurred;\nthe total amount of the special cost incurred, or expected to be incurred, and the proportion of the total amount proposed to be included in the site rent;\nthe amount of the proposed increased site rent including the proportion of the special cost mentioned in paragraph (b) ;\nhow the proposed amount relating to the proportion of the special cost has been worked out;\nthe day, at least 2 months after the notice is given, the increased site rent is first payable (the special increase day );\nfor a notice relating to a repair cost or upgrade cost—the period for which the proposed increased site rent will be payable to cover the cost;\nthat the home owner must, within 28 days after receiving the notice, give the park owner a written response agreeing to or disputing the proposed increase;\nthe day the notice is given to the home owner.\nIf the home owner agrees in writing to the proposed increase, whether under subsection (1) (g) or otherwise, the proposed increased site rent—\nis first payable on the special increase day; and\nfor a proposed increase to cover a repair cost or upgrade cost—stops being payable when the period mentioned in subsection (1) (f) ends.\nIf the home owner does not give a response under subsection (1) (g) or otherwise agree in writing to the proposed increase, the home owner is taken to dispute the proposed increase.\ns 71A ins 2017 No. 42 s 36\n(sec.71A-ssec.1) The park owner must give the home owner for the site a notice (the special increase notice ) stating the following— the type of the special cost and the purpose (the stated purpose ) for which it has been, or is expected to be, incurred; the total amount of the special cost incurred, or expected to be incurred, and the proportion of the total amount proposed to be included in the site rent; the amount of the proposed increased site rent including the proportion of the special cost mentioned in paragraph (b) ; how the proposed amount relating to the proportion of the special cost has been worked out; the day, at least 2 months after the notice is given, the increased site rent is first payable (the special increase day ); for a notice relating to a repair cost or upgrade cost—the period for which the proposed increased site rent will be payable to cover the cost; that the home owner must, within 28 days after receiving the notice, give the park owner a written response agreeing to or disputing the proposed increase; the day the notice is given to the home owner.\n(sec.71A-ssec.2) If the home owner agrees in writing to the proposed increase, whether under subsection (1) (g) or otherwise, the proposed increased site rent— is first payable on the special increase day; and for a proposed increase to cover a repair cost or upgrade cost—stops being payable when the period mentioned in subsection (1) (f) ends.\n(sec.71A-ssec.3) If the home owner does not give a response under subsection (1) (g) or otherwise agree in writing to the proposed increase, the home owner is taken to dispute the proposed increase.\n- (a) the type of the special cost and the purpose (the stated purpose ) for which it has been, or is expected to be, incurred;\n- (b) the total amount of the special cost incurred, or expected to be incurred, and the proportion of the total amount proposed to be included in the site rent;\n- (c) the amount of the proposed increased site rent including the proportion of the special cost mentioned in paragraph (b) ;\n- (d) how the proposed amount relating to the proportion of the special cost has been worked out;\n- (e) the day, at least 2 months after the notice is given, the increased site rent is first payable (the special increase day );\n- (f) for a notice relating to a repair cost or upgrade cost—the period for which the proposed increased site rent will be payable to cover the cost;\n- (g) that the home owner must, within 28 days after receiving the notice, give the park owner a written response agreeing to or disputing the proposed increase;\n- (h) the day the notice is given to the home owner.\n- (a) is first payable on the special increase day; and\n- (b) for a proposed increase to cover a repair cost or upgrade cost—stops being payable when the period mentioned in subsection (1) (f) ends.","sortOrder":223},{"sectionNumber":"sec.71B","sectionType":"section","heading":"Agreement to proposed increase for upgrade cost","content":"### sec.71B Agreement to proposed increase for upgrade cost\n\nThis section applies if—\nthe park owner gives a special increase notice to the home owners for at least 4 sites in the park (the notified sites ) for a proposed increase in site rent to cover an upgrade cost for the same stated purpose; and\nthe home owners for the number of the sites at least equal to 75% of the number of the notified sites agree in writing to the proposed increase, whether under section 71A (1) (g) or otherwise.\nDespite section 71A (1) (g) and (3) , the home owners for all of the notified sites are taken to have agreed to the proposed increase in site rent.\nIf a home owner for a notified site has not agreed in writing to the proposed increase in site rent, section 71A (2) applies as if the home owner had agreed in writing to the proposed increase.\ns 71B ins 2017 No. 42 s 36\n(sec.71B-ssec.1) This section applies if— the park owner gives a special increase notice to the home owners for at least 4 sites in the park (the notified sites ) for a proposed increase in site rent to cover an upgrade cost for the same stated purpose; and the home owners for the number of the sites at least equal to 75% of the number of the notified sites agree in writing to the proposed increase, whether under section 71A (1) (g) or otherwise.\n(sec.71B-ssec.2) Despite section 71A (1) (g) and (3) , the home owners for all of the notified sites are taken to have agreed to the proposed increase in site rent.\n(sec.71B-ssec.3) If a home owner for a notified site has not agreed in writing to the proposed increase in site rent, section 71A (2) applies as if the home owner had agreed in writing to the proposed increase.\n- (a) the park owner gives a special increase notice to the home owners for at least 4 sites in the park (the notified sites ) for a proposed increase in site rent to cover an upgrade cost for the same stated purpose; and\n- (b) the home owners for the number of the sites at least equal to 75% of the number of the notified sites agree in writing to the proposed increase, whether under section 71A (1) (g) or otherwise.","sortOrder":224},{"sectionNumber":"sec.71C","sectionType":"section","heading":"Dispute resolution and application to tribunal about special increase in site rent","content":"### sec.71C Dispute resolution and application to tribunal about special increase in site rent\n\nThis section applies if—\nthe park owner for a residential park gives the home owner for a site in the park a special increase notice for a proposed increase in site rent for a stated purpose; and\nthe home owner gives a response under section 71A (1) (g) disputing the proposed increase or is taken to dispute the proposed increase under section 71A (3) ; and\nthe home owner is not taken to have agreed to the proposed increase under section 71B (2) .\nThe park owner may, subject to section 116 , apply to the tribunal for an order about the proposed increase.\nIf subsection (1) applies in relation to the home owners for 2 or more sites in the park for a proposed increase in site rent for the same stated purpose (the affected home owners ), the park owner must name all the affected home owners as respondents to the application to the tribunal.\nIf the park owner applies under subsection (2) , the tribunal, in deciding the application, may have regard to—\na matter mentioned in section 70 (5) (d) to (k) ; and\nanything else the tribunal considers relevant.\nAlso, the tribunal may make any of the following orders—\nan order confirming the proposed increase on the conditions, if any, the tribunal considers appropriate;\nan order reducing the amount of the proposed increase by a stated amount;\nan order setting aside the proposed increase;\nanother order the tribunal considers appropriate.\nIf the tribunal makes an order for increased site rent under subsection (5) (a) or (b) , the order must also state—\nthe day from when the increased site rent is first payable; and\nif the increased site rent is to cover a repair cost or an upgrade cost—the period for which the increased site rent will be payable to cover the cost.\ns 71C ins 2017 No. 42 s 36\namd 2024 No. 28 s 45 (uncommenced amendment)\n(sec.71C-ssec.1) This section applies if— the park owner for a residential park gives the home owner for a site in the park a special increase notice for a proposed increase in site rent for a stated purpose; and the home owner gives a response under section 71A (1) (g) disputing the proposed increase or is taken to dispute the proposed increase under section 71A (3) ; and the home owner is not taken to have agreed to the proposed increase under section 71B (2) .\n(sec.71C-ssec.2) The park owner may, subject to section 116 , apply to the tribunal for an order about the proposed increase.\n(sec.71C-ssec.3) If subsection (1) applies in relation to the home owners for 2 or more sites in the park for a proposed increase in site rent for the same stated purpose (the affected home owners ), the park owner must name all the affected home owners as respondents to the application to the tribunal.\n(sec.71C-ssec.4) If the park owner applies under subsection (2) , the tribunal, in deciding the application, may have regard to— a matter mentioned in section 70 (5) (d) to (k) ; and anything else the tribunal considers relevant.\n(sec.71C-ssec.5) Also, the tribunal may make any of the following orders— an order confirming the proposed increase on the conditions, if any, the tribunal considers appropriate; an order reducing the amount of the proposed increase by a stated amount; an order setting aside the proposed increase; another order the tribunal considers appropriate.\n(sec.71C-ssec.6) If the tribunal makes an order for increased site rent under subsection (5) (a) or (b) , the order must also state— the day from when the increased site rent is first payable; and if the increased site rent is to cover a repair cost or an upgrade cost—the period for which the increased site rent will be payable to cover the cost.\n- (a) the park owner for a residential park gives the home owner for a site in the park a special increase notice for a proposed increase in site rent for a stated purpose; and\n- (b) the home owner gives a response under section 71A (1) (g) disputing the proposed increase or is taken to dispute the proposed increase under section 71A (3) ; and\n- (c) the home owner is not taken to have agreed to the proposed increase under section 71B (2) .\n- (a) a matter mentioned in section 70 (5) (d) to (k) ; and\n- (b) anything else the tribunal considers relevant.\n- (a) an order confirming the proposed increase on the conditions, if any, the tribunal considers appropriate;\n- (b) an order reducing the amount of the proposed increase by a stated amount;\n- (c) an order setting aside the proposed increase;\n- (d) another order the tribunal considers appropriate.\n- (a) the day from when the increased site rent is first payable; and\n- (b) if the increased site rent is to cover a repair cost or an upgrade cost—the period for which the increased site rent will be payable to cover the cost.","sortOrder":225},{"sectionNumber":"sec.71D","sectionType":"section","heading":"Criteria for tribunal to confirm or reduce proposed increase","content":"### sec.71D Criteria for tribunal to confirm or reduce proposed increase\n\nThe tribunal may make an order for a proposed increase in site rent under section 71C (5) (a) or (b) if satisfied of the following matters—\nthe proposed increase has not been included wholly or partly in an increase of site rent under—\nthe site agreement; or\nan order under section 70 (4) ; or\nan agreement mentioned in section 71A (2) ; or\na previous order under section 71C (5) ;\nfor a proposed increase to cover an operational cost—that if the site rent is not increased as proposed, the residential park will not be commercially viable without significantly reducing the park owner’s capacity to carry out the park owner’s responsibilities under section 17 ;\nfor a proposed increase to cover a repair cost—\nthe matter mentioned in paragraph (b) ; and\nthe park owner could not reasonably have obtained insurance to cover the cost.\ns 71D ins 2017 No. 42 s 36\n(sec.71D-ssec) The tribunal may make an order for a proposed increase in site rent under section 71C (5) (a) or (b) if satisfied of the following matters— the proposed increase has not been included wholly or partly in an increase of site rent under— the site agreement; or an order under section 70 (4) ; or an agreement mentioned in section 71A (2) ; or a previous order under section 71C (5) ; for a proposed increase to cover an operational cost—that if the site rent is not increased as proposed, the residential park will not be commercially viable without significantly reducing the park owner’s capacity to carry out the park owner’s responsibilities under section 17 ; for a proposed increase to cover a repair cost— the matter mentioned in paragraph (b) ; and the park owner could not reasonably have obtained insurance to cover the cost.\n- (a) the proposed increase has not been included wholly or partly in an increase of site rent under— (i) the site agreement; or (ii) an order under section 70 (4) ; or (iii) an agreement mentioned in section 71A (2) ; or (iv) a previous order under section 71C (5) ;\n- (i) the site agreement; or\n- (ii) an order under section 70 (4) ; or\n- (iii) an agreement mentioned in section 71A (2) ; or\n- (iv) a previous order under section 71C (5) ;\n- (b) for a proposed increase to cover an operational cost—that if the site rent is not increased as proposed, the residential park will not be commercially viable without significantly reducing the park owner’s capacity to carry out the park owner’s responsibilities under section 17 ;\n- (c) for a proposed increase to cover a repair cost— (i) the matter mentioned in paragraph (b) ; and (ii) the park owner could not reasonably have obtained insurance to cover the cost.\n- (i) the matter mentioned in paragraph (b) ; and\n- (ii) the park owner could not reasonably have obtained insurance to cover the cost.\n- (i) the site agreement; or\n- (ii) an order under section 70 (4) ; or\n- (iii) an agreement mentioned in section 71A (2) ; or\n- (iv) a previous order under section 71C (5) ;\n- (i) the matter mentioned in paragraph (b) ; and\n- (ii) the park owner could not reasonably have obtained insurance to cover the cost.","sortOrder":226},{"sectionNumber":"pt.11-div.4","sectionType":"division","heading":"Reducing site rent","content":"## Reducing site rent","sortOrder":227},{"sectionNumber":"sec.72","sectionType":"section","heading":"Site rent reduction for failure of communal facility or service etc.","content":"### sec.72 Site rent reduction for failure of communal facility or service etc.\n\nThis section applies if the home owner under a site agreement considers the site rent should be reduced because 1 of the following applies and the park owner does not agree to the reduction—\nthe amenity or standard of the residential park’s common areas and communal facilities has decreased substantially since the agreement was entered into;\na communal facility or service provided at the park when the agreement was entered into has been withdrawn;\na communal facility or service as follows has not been provided at the park—\na communal facility or service described in advertising, done by or for the park owner, of which the home owner was aware before the site agreement was entered into;\na communal facility or service described in a document made available to the home owner by the park owner before the site agreement was entered into.\nThe home owner may, subject to section 116 , apply to the tribunal for an order reducing the site rent under subsection (3) .\nIf the home owner applies under subsection (2) , the tribunal may make an order reducing the site rent by an amount the tribunal considers appropriate if the tribunal is satisfied of a matter mentioned in subsection (1) (a) to (c) .\nFor making an order under subsection (3) , the tribunal may have regard to any of the following documents—\nthe site agreement;\nthe home owner’s information document for the residential park;\nany relevant advertising made available to the home owner by the park owner before the site agreement was entered into;\nany other document the tribunal considers is relevant.\ns 72 amd 2010 No. 46 s 21 ; 2017 No. 42 s 37\n(sec.72-ssec.1) This section applies if the home owner under a site agreement considers the site rent should be reduced because 1 of the following applies and the park owner does not agree to the reduction— the amenity or standard of the residential park’s common areas and communal facilities has decreased substantially since the agreement was entered into; a communal facility or service provided at the park when the agreement was entered into has been withdrawn; a communal facility or service as follows has not been provided at the park— a communal facility or service described in advertising, done by or for the park owner, of which the home owner was aware before the site agreement was entered into; a communal facility or service described in a document made available to the home owner by the park owner before the site agreement was entered into.\n(sec.72-ssec.2) The home owner may, subject to section 116 , apply to the tribunal for an order reducing the site rent under subsection (3) .\n(sec.72-ssec.3) If the home owner applies under subsection (2) , the tribunal may make an order reducing the site rent by an amount the tribunal considers appropriate if the tribunal is satisfied of a matter mentioned in subsection (1) (a) to (c) .\n(sec.72-ssec.4) For making an order under subsection (3) , the tribunal may have regard to any of the following documents— the site agreement; the home owner’s information document for the residential park; any relevant advertising made available to the home owner by the park owner before the site agreement was entered into; any other document the tribunal considers is relevant.\n- (a) the amenity or standard of the residential park’s common areas and communal facilities has decreased substantially since the agreement was entered into;\n- (b) a communal facility or service provided at the park when the agreement was entered into has been withdrawn;\n- (c) a communal facility or service as follows has not been provided at the park— (i) a communal facility or service described in advertising, done by or for the park owner, of which the home owner was aware before the site agreement was entered into; (ii) a communal facility or service described in a document made available to the home owner by the park owner before the site agreement was entered into.\n- (i) a communal facility or service described in advertising, done by or for the park owner, of which the home owner was aware before the site agreement was entered into;\n- (ii) a communal facility or service described in a document made available to the home owner by the park owner before the site agreement was entered into.\n- (i) a communal facility or service described in advertising, done by or for the park owner, of which the home owner was aware before the site agreement was entered into;\n- (ii) a communal facility or service described in a document made available to the home owner by the park owner before the site agreement was entered into.\n- (a) the site agreement;\n- (b) the home owner’s information document for the residential park;\n- (c) any relevant advertising made available to the home owner by the park owner before the site agreement was entered into;\n- (d) any other document the tribunal considers is relevant.","sortOrder":228},{"sectionNumber":"sec.73","sectionType":"section","heading":"Utility cost in site rent","content":"### sec.73 Utility cost in site rent\n\nThis section applies if—\nthe use by the home owner under a site agreement of a utility at the site is not separately measured or metered; and\neither of the following events (a change event ) happens—\nthe home owner’s use of the utility becomes separately measured or metered and the cost of the use becomes payable by the home owner;\nthe utility stops being available for use by the home owner for any reason other than the default or neglect of the home owner.\nThe park owner must within 14 days after the change event happens give the home owner a notice (a utility cost notice ) stating the following—\nthe utility cost factored into the site rent payable under the agreement and how the utility cost has been worked out;\nthe date the change event happened;\nthe site rent payable from that date;\nif the home owner disputes the utility cost—\nthe home owner must, within 28 days after receiving the notice, give the park owner a dispute negotiation notice for the dispute; and\nthe home owner must use the dispute resolution procedures under part 17 , division 1 to try to resolve the dispute with the park owner; and\nthe home owner may, subject to section 116 , apply to the tribunal for an order reducing the site rent if the dispute can not be resolved using the dispute resolution procedures.\nMaximum penalty—10 penalty units.\nThe site rent payable from the day the change event happens (the change event day ) is the site rent payable immediately before the change event day, reduced by the utility cost stated in the utility cost notice.\nAny overpayment of site rent, relating to the utility cost, from the change event day must be refunded by the park owner to the home owner within 14 days after the home owner received the utility cost notice.\nMaximum penalty—10 penalty units.\nAn amount payable to the home owner under subsection (4) is recoverable as a debt.\ns 73 amd 2010 No. 46 s 22 ; 2017 No. 42 s 38\n(sec.73-ssec.1) This section applies if— the use by the home owner under a site agreement of a utility at the site is not separately measured or metered; and either of the following events (a change event ) happens— the home owner’s use of the utility becomes separately measured or metered and the cost of the use becomes payable by the home owner; the utility stops being available for use by the home owner for any reason other than the default or neglect of the home owner.\n(sec.73-ssec.2) The park owner must within 14 days after the change event happens give the home owner a notice (a utility cost notice ) stating the following— the utility cost factored into the site rent payable under the agreement and how the utility cost has been worked out; the date the change event happened; the site rent payable from that date; if the home owner disputes the utility cost— the home owner must, within 28 days after receiving the notice, give the park owner a dispute negotiation notice for the dispute; and the home owner must use the dispute resolution procedures under part 17 , division 1 to try to resolve the dispute with the park owner; and the home owner may, subject to section 116 , apply to the tribunal for an order reducing the site rent if the dispute can not be resolved using the dispute resolution procedures. Maximum penalty—10 penalty units.\n(sec.73-ssec.3) The site rent payable from the day the change event happens (the change event day ) is the site rent payable immediately before the change event day, reduced by the utility cost stated in the utility cost notice.\n(sec.73-ssec.4) Any overpayment of site rent, relating to the utility cost, from the change event day must be refunded by the park owner to the home owner within 14 days after the home owner received the utility cost notice. Maximum penalty—10 penalty units.\n(sec.73-ssec.5) An amount payable to the home owner under subsection (4) is recoverable as a debt.\n- (a) the use by the home owner under a site agreement of a utility at the site is not separately measured or metered; and\n- (b) either of the following events (a change event ) happens— (i) the home owner’s use of the utility becomes separately measured or metered and the cost of the use becomes payable by the home owner; (ii) the utility stops being available for use by the home owner for any reason other than the default or neglect of the home owner.\n- (i) the home owner’s use of the utility becomes separately measured or metered and the cost of the use becomes payable by the home owner;\n- (ii) the utility stops being available for use by the home owner for any reason other than the default or neglect of the home owner.\n- (i) the home owner’s use of the utility becomes separately measured or metered and the cost of the use becomes payable by the home owner;\n- (ii) the utility stops being available for use by the home owner for any reason other than the default or neglect of the home owner.\n- (a) the utility cost factored into the site rent payable under the agreement and how the utility cost has been worked out;\n- (b) the date the change event happened;\n- (c) the site rent payable from that date;\n- (d) if the home owner disputes the utility cost— (i) the home owner must, within 28 days after receiving the notice, give the park owner a dispute negotiation notice for the dispute; and (ii) the home owner must use the dispute resolution procedures under part 17 , division 1 to try to resolve the dispute with the park owner; and (iii) the home owner may, subject to section 116 , apply to the tribunal for an order reducing the site rent if the dispute can not be resolved using the dispute resolution procedures.\n- (i) the home owner must, within 28 days after receiving the notice, give the park owner a dispute negotiation notice for the dispute; and\n- (ii) the home owner must use the dispute resolution procedures under part 17 , division 1 to try to resolve the dispute with the park owner; and\n- (iii) the home owner may, subject to section 116 , apply to the tribunal for an order reducing the site rent if the dispute can not be resolved using the dispute resolution procedures.\n- (i) the home owner must, within 28 days after receiving the notice, give the park owner a dispute negotiation notice for the dispute; and\n- (ii) the home owner must use the dispute resolution procedures under part 17 , division 1 to try to resolve the dispute with the park owner; and\n- (iii) the home owner may, subject to section 116 , apply to the tribunal for an order reducing the site rent if the dispute can not be resolved using the dispute resolution procedures.","sortOrder":229},{"sectionNumber":"sec.74","sectionType":"section","heading":"Dispute resolution and tribunal review of utility cost and site rent reduction","content":"### sec.74 Dispute resolution and tribunal review of utility cost and site rent reduction\n\nThis section applies if—\nthe home owner under a site agreement and the park owner disagree about whether the park owner should have given a utility cost notice under section 73 (2) ; or\nthe home owner under a site agreement who receives a utility cost notice under section 73 (2) disputes the utility cost stated in the notice.\nThe home owner under the site agreement mentioned in subsection (1) (a) may, subject to section 116 , apply to the tribunal for an order under subsection (4) .\nThe home owner mentioned in subsection (1) (b) —\nmust, within 28 days after receiving the utility cost notice, give the park owner a dispute negotiation notice for the dispute; and\nmay, subject to section 116 , apply to the tribunal for an order under subsection (4) .\nIf the home owner applies to the tribunal under subsection (2) or (3) (b) , the tribunal may make any of the following orders—\nan order reducing the site rent payable under the agreement, from the change event day, by the amount the tribunal considers appropriate;\nanother order the tribunal considers appropriate.\nan order that the park owner refund to the home owner any overpaid site rent from the change event day\nIn making an order under subsection (4) , the tribunal may have regard to the following—\nrelevant available information about the costs of supplying utilities in the local government area in which the residential park is situated;\nany terms of the agreement about utility costs;\nthe number of persons occupying the manufactured home positioned on the site;\nanything else the tribunal considers relevant.\ns 74 amd 2010 No. 46 s 23; 2017 No. 42 s 39\n(sec.74-ssec.1) This section applies if— the home owner under a site agreement and the park owner disagree about whether the park owner should have given a utility cost notice under section 73 (2) ; or the home owner under a site agreement who receives a utility cost notice under section 73 (2) disputes the utility cost stated in the notice.\n(sec.74-ssec.2) The home owner under the site agreement mentioned in subsection (1) (a) may, subject to section 116 , apply to the tribunal for an order under subsection (4) .\n(sec.74-ssec.3) The home owner mentioned in subsection (1) (b) — must, within 28 days after receiving the utility cost notice, give the park owner a dispute negotiation notice for the dispute; and may, subject to section 116 , apply to the tribunal for an order under subsection (4) .\n(sec.74-ssec.4) If the home owner applies to the tribunal under subsection (2) or (3) (b) , the tribunal may make any of the following orders— an order reducing the site rent payable under the agreement, from the change event day, by the amount the tribunal considers appropriate; another order the tribunal considers appropriate. an order that the park owner refund to the home owner any overpaid site rent from the change event day\n(sec.74-ssec.5) In making an order under subsection (4) , the tribunal may have regard to the following— relevant available information about the costs of supplying utilities in the local government area in which the residential park is situated; any terms of the agreement about utility costs; the number of persons occupying the manufactured home positioned on the site; anything else the tribunal considers relevant.\n- (a) the home owner under a site agreement and the park owner disagree about whether the park owner should have given a utility cost notice under section 73 (2) ; or\n- (b) the home owner under a site agreement who receives a utility cost notice under section 73 (2) disputes the utility cost stated in the notice.\n- (a) must, within 28 days after receiving the utility cost notice, give the park owner a dispute negotiation notice for the dispute; and\n- (b) may, subject to section 116 , apply to the tribunal for an order under subsection (4) .\n- (a) an order reducing the site rent payable under the agreement, from the change event day, by the amount the tribunal considers appropriate;\n- (b) another order the tribunal considers appropriate.\n- (a) relevant available information about the costs of supplying utilities in the local government area in which the residential park is situated;\n- (b) any terms of the agreement about utility costs;\n- (c) the number of persons occupying the manufactured home positioned on the site;\n- (d) anything else the tribunal considers relevant.","sortOrder":230},{"sectionNumber":"pt.11-div.5","sectionType":"division","heading":"Prohibition on particular conduct","content":"## Prohibition on particular conduct","sortOrder":231},{"sectionNumber":"sec.74A","sectionType":"section","heading":"Park owner not to threaten, intimidate or coerce home owner","content":"### sec.74A Park owner not to threaten, intimidate or coerce home owner\n\nThe park owner under a site agreement must not threaten, intimidate or coerce, or attempt to threaten, intimidate or coerce, the home owner to—\nagree to an increase in the site rent; or\nrefrain from seeking a review, under this part, of the site rent.\nMaximum penalty—200 penalty units.\ns 74A ins 2010 No. 46 s 24\n- (a) agree to an increase in the site rent; or\n- (b) refrain from seeking a review, under this part, of the site rent.","sortOrder":232},{"sectionNumber":"pt.12","sectionType":"part","heading":"Park managers","content":"# Park managers","sortOrder":233},{"sectionNumber":"sec.75","sectionType":"section","heading":"Park owner may appoint park manager","content":"### sec.75 Park owner may appoint park manager\n\nThe park owner for a residential park may appoint a person as the park manager, with responsibility for the day-to-day management of the park.\nThe park owner must as soon as practicable after an appointment under subsection (1) give to each home owner notice of the park manager’s appointment and the name and business address of the appointee.\nAn appointment of a person as the park manager may be revoked at any time by the park owner.\nIf the park owner revokes an appointment under subsection (3) , the park owner must as soon as practicable after revoking the appointment give notice of the revocation to each home owner.\n(sec.75-ssec.1) The park owner for a residential park may appoint a person as the park manager, with responsibility for the day-to-day management of the park.\n(sec.75-ssec.2) The park owner must as soon as practicable after an appointment under subsection (1) give to each home owner notice of the park manager’s appointment and the name and business address of the appointee.\n(sec.75-ssec.3) An appointment of a person as the park manager may be revoked at any time by the park owner.\n(sec.75-ssec.4) If the park owner revokes an appointment under subsection (3) , the park owner must as soon as practicable after revoking the appointment give notice of the revocation to each home owner.","sortOrder":234},{"sectionNumber":"sec.76","sectionType":"section","heading":"Service of documents","content":"### sec.76 Service of documents\n\nIf this Act requires a document to be given to a park owner for a residential park, the document may be given instead to the park manager.\nA document given to the park manager under subsection (1) is taken to have been given to the park owner.\n(sec.76-ssec.1) If this Act requires a document to be given to a park owner for a residential park, the document may be given instead to the park manager.\n(sec.76-ssec.2) A document given to the park manager under subsection (1) is taken to have been given to the park owner.","sortOrder":235},{"sectionNumber":"pt.13","sectionType":"part","heading":"Park rules","content":"# Park rules","sortOrder":236},{"sectionNumber":"pt.13-div.1","sectionType":"division","heading":"Making of park rules","content":"## Making of park rules","sortOrder":237},{"sectionNumber":"sec.77","sectionType":"section","heading":"Park owner may make park rules","content":"### sec.77 Park owner may make park rules\n\nThe park owner for a residential park for which site agreements are in force may make rules about the use, enjoyment, control and management of the park.\nHowever, rules may be made only about—\nthe use and operation of the communal facilities; and\nthe making and abatement of noise; and\nthe carrying on of sporting and other recreational activities; and\nthe speed limits for motor vehicles; and\nthe parking of motor vehicles; and\nthe disposal of refuse; and\nthe keeping of pets; and\nother things prescribed under a regulation.\n(sec.77-ssec.1) The park owner for a residential park for which site agreements are in force may make rules about the use, enjoyment, control and management of the park.\n(sec.77-ssec.2) However, rules may be made only about— the use and operation of the communal facilities; and the making and abatement of noise; and the carrying on of sporting and other recreational activities; and the speed limits for motor vehicles; and the parking of motor vehicles; and the disposal of refuse; and the keeping of pets; and other things prescribed under a regulation.\n- (a) the use and operation of the communal facilities; and\n- (b) the making and abatement of noise; and\n- (c) the carrying on of sporting and other recreational activities; and\n- (d) the speed limits for motor vehicles; and\n- (e) the parking of motor vehicles; and\n- (f) the disposal of refuse; and\n- (g) the keeping of pets; and\n- (h) other things prescribed under a regulation.","sortOrder":238},{"sectionNumber":"pt.13-div.2","sectionType":"division","heading":"Park rule changes","content":"## Park rule changes","sortOrder":239},{"sectionNumber":"sec.78","sectionType":"section","heading":"Notice of proposed change of park rule","content":"### sec.78 Notice of proposed change of park rule\n\nIf the park owner for a residential park for which site agreements are in force proposes to change a park rule, the park owner must—\nfix a day (the objection closing day ) by which a home owner may object to the proposed change (the proposal ); and\ngive notice of the proposal to—\neach home owner at least 28 days before the objection closing day; and\neach person who becomes a home owner before the objection closing day, as soon as practicable after the person becomes a home owner.\nThe notice must also inform the home owner—\nthat the home owner may object to the proposal before the objection closing day; and\nhow the objection may be made.\n(sec.78-ssec.1) If the park owner for a residential park for which site agreements are in force proposes to change a park rule, the park owner must— fix a day (the objection closing day ) by which a home owner may object to the proposed change (the proposal ); and give notice of the proposal to— each home owner at least 28 days before the objection closing day; and each person who becomes a home owner before the objection closing day, as soon as practicable after the person becomes a home owner.\n(sec.78-ssec.2) The notice must also inform the home owner— that the home owner may object to the proposal before the objection closing day; and how the objection may be made.\n- (a) fix a day (the objection closing day ) by which a home owner may object to the proposed change (the proposal ); and\n- (b) give notice of the proposal to— (i) each home owner at least 28 days before the objection closing day; and (ii) each person who becomes a home owner before the objection closing day, as soon as practicable after the person becomes a home owner.\n- (i) each home owner at least 28 days before the objection closing day; and\n- (ii) each person who becomes a home owner before the objection closing day, as soon as practicable after the person becomes a home owner.\n- (i) each home owner at least 28 days before the objection closing day; and\n- (ii) each person who becomes a home owner before the objection closing day, as soon as practicable after the person becomes a home owner.\n- (a) that the home owner may object to the proposal before the objection closing day; and\n- (b) how the objection may be made.","sortOrder":240},{"sectionNumber":"sec.79","sectionType":"section","heading":"Objection to proposal","content":"### sec.79 Objection to proposal\n\nA home owner for the residential park who considers the proposal, or any part of it, is unreasonable may object to the proposal by notice given to the park owner before the objection closing day.\nThe objection must give particulars of why the proposal is considered to be unreasonable.\n(sec.79-ssec.1) A home owner for the residential park who considers the proposal, or any part of it, is unreasonable may object to the proposal by notice given to the park owner before the objection closing day.\n(sec.79-ssec.2) The objection must give particulars of why the proposal is considered to be unreasonable.","sortOrder":241},{"sectionNumber":"sec.80","sectionType":"section","heading":"Park liaison committee","content":"### sec.80 Park liaison committee\n\nThis section applies only if objections to the proposal are made before the objection closing day by—\nat least 5 home owners; or\nif the residential park has less than 10 sites—a majority of the home owners.\nAs soon as practicable after the objection closing day, the home owners who have objected (the objectors ) and the park owner must set up a committee (the park liaison committee ) to consider the objections.\nThe park liaison committee is to consist of the following members—\na person chosen by the objectors;\nthe park owner or the park owner’s nominee;\nsomeone else agreed on by the members mentioned in paragraphs (a) and (b) .\nThe member mentioned in subsection (3) (a) may be an objector.\nA quorum for the park liaison committee is formed by the 3 members mentioned in subsection (3) .\nIf the members mentioned in subsection (3) (a) and (b) fail within 7 days after the objection closing day to agree on who is to be the member mentioned in subsection (3) (c) , the park owner must give notice of the failure to each objector (a non-resolution notice ).\n(sec.80-ssec.1) This section applies only if objections to the proposal are made before the objection closing day by— at least 5 home owners; or if the residential park has less than 10 sites—a majority of the home owners.\n(sec.80-ssec.2) As soon as practicable after the objection closing day, the home owners who have objected (the objectors ) and the park owner must set up a committee (the park liaison committee ) to consider the objections.\n(sec.80-ssec.3) The park liaison committee is to consist of the following members— a person chosen by the objectors; the park owner or the park owner’s nominee; someone else agreed on by the members mentioned in paragraphs (a) and (b) .\n(sec.80-ssec.4) The member mentioned in subsection (3) (a) may be an objector.\n(sec.80-ssec.5) A quorum for the park liaison committee is formed by the 3 members mentioned in subsection (3) .\n(sec.80-ssec.6) If the members mentioned in subsection (3) (a) and (b) fail within 7 days after the objection closing day to agree on who is to be the member mentioned in subsection (3) (c) , the park owner must give notice of the failure to each objector (a non-resolution notice ).\n- (a) at least 5 home owners; or\n- (b) if the residential park has less than 10 sites—a majority of the home owners.\n- (a) a person chosen by the objectors;\n- (b) the park owner or the park owner’s nominee;\n- (c) someone else agreed on by the members mentioned in paragraphs (a) and (b) .","sortOrder":242},{"sectionNumber":"sec.81","sectionType":"section","heading":"Consideration of objections by park liaison committee","content":"### sec.81 Consideration of objections by park liaison committee\n\nThe park liaison committee must consider all objections made under section 79 about the proposal and decide whether the proposal is reasonable or unreasonable.\nIf the park liaison committee decides the proposal is unreasonable, it must also change the proposal in a way the park liaison committee considers appropriate to make it reasonable.\nIf the park liaison committee proposes to make a decision under subsection (1) or (2) that would be contrary to an objection made under section 79 , the committee must—\ninvite the objectors to attend a meeting of the committee; and\nat the meeting—\ntell the objectors of the proposed decision; and\nallow the objectors to make representations about the proposed decision; and\nconsider any representations made at the meeting before making the decision.\nThe park liaison committee must give notice of its decisions under subsections (1) and (2) (each a proposal decision ) to—\neach home owner for the residential park; and\nif the park owner is not a member of the park liaison committee—the park owner.\ns 81 amd 2017 No. 42 s 40\n(sec.81-ssec.1) The park liaison committee must consider all objections made under section 79 about the proposal and decide whether the proposal is reasonable or unreasonable.\n(sec.81-ssec.2) If the park liaison committee decides the proposal is unreasonable, it must also change the proposal in a way the park liaison committee considers appropriate to make it reasonable.\n(sec.81-ssec.3) If the park liaison committee proposes to make a decision under subsection (1) or (2) that would be contrary to an objection made under section 79 , the committee must— invite the objectors to attend a meeting of the committee; and at the meeting— tell the objectors of the proposed decision; and allow the objectors to make representations about the proposed decision; and consider any representations made at the meeting before making the decision.\n(sec.81-ssec.4) The park liaison committee must give notice of its decisions under subsections (1) and (2) (each a proposal decision ) to— each home owner for the residential park; and if the park owner is not a member of the park liaison committee—the park owner.\n- (a) invite the objectors to attend a meeting of the committee; and\n- (b) at the meeting— (i) tell the objectors of the proposed decision; and (ii) allow the objectors to make representations about the proposed decision; and\n- (i) tell the objectors of the proposed decision; and\n- (ii) allow the objectors to make representations about the proposed decision; and\n- (c) consider any representations made at the meeting before making the decision.\n- (i) tell the objectors of the proposed decision; and\n- (ii) allow the objectors to make representations about the proposed decision; and\n- (a) each home owner for the residential park; and\n- (b) if the park owner is not a member of the park liaison committee—the park owner.","sortOrder":243},{"sectionNumber":"sec.82","sectionType":"section","heading":"Dispute resolution and application to tribunal about proposal","content":"### sec.82 Dispute resolution and application to tribunal about proposal\n\nThis section applies if—\nthere is a dispute about a proposal to change a park rule for a residential park for which the park owner has given each objector a non-resolution notice; or\nthe park owner or a home owner for a residential park is dissatisfied with a proposal decision of a park liaison committee.\nIf an objector intends to continue to dispute the proposal, the objector must, within 7 days after receiving the non-resolution notice, apply to the registrar under section 108 (1) to refer the dispute for mediation.\nIf the park owner or home owner intends to dispute the proposal decision, the park owner or home owner must, within 7 days after receiving notice of the decision under section 81 (4) , apply to the registrar under section 108 (1) to refer the dispute for mediation.\nAn objector, the park owner or home owner may, subject to section 116 , apply to the tribunal for an order declaring the proposal to be reasonable or unreasonable.\nAn application made to the tribunal under subsection (4) must include particulars of why the proposal is considered to be reasonable or unreasonable.\nA single application to the tribunal may be made by more than 1 home owner if it is made by—\nat least 5 home owners; or\nif the park has less than 10 sites—a majority of the home owners.\nIn subsection (4) , a reference to the proposal includes the proposal as decided to be changed by the park liaison committee under section 81 (2) .\ns 82 amd 2017 No. 42 s 41\n(sec.82-ssec.1) This section applies if— there is a dispute about a proposal to change a park rule for a residential park for which the park owner has given each objector a non-resolution notice; or the park owner or a home owner for a residential park is dissatisfied with a proposal decision of a park liaison committee.\n(sec.82-ssec.2) If an objector intends to continue to dispute the proposal, the objector must, within 7 days after receiving the non-resolution notice, apply to the registrar under section 108 (1) to refer the dispute for mediation.\n(sec.82-ssec.3) If the park owner or home owner intends to dispute the proposal decision, the park owner or home owner must, within 7 days after receiving notice of the decision under section 81 (4) , apply to the registrar under section 108 (1) to refer the dispute for mediation.\n(sec.82-ssec.4) An objector, the park owner or home owner may, subject to section 116 , apply to the tribunal for an order declaring the proposal to be reasonable or unreasonable.\n(sec.82-ssec.5) An application made to the tribunal under subsection (4) must include particulars of why the proposal is considered to be reasonable or unreasonable.\n(sec.82-ssec.6) A single application to the tribunal may be made by more than 1 home owner if it is made by— at least 5 home owners; or if the park has less than 10 sites—a majority of the home owners.\n(sec.82-ssec.7) In subsection (4) , a reference to the proposal includes the proposal as decided to be changed by the park liaison committee under section 81 (2) .\n- (a) there is a dispute about a proposal to change a park rule for a residential park for which the park owner has given each objector a non-resolution notice; or\n- (b) the park owner or a home owner for a residential park is dissatisfied with a proposal decision of a park liaison committee.\n- (a) at least 5 home owners; or\n- (b) if the park has less than 10 sites—a majority of the home owners.","sortOrder":244},{"sectionNumber":"sec.83","sectionType":"section","heading":"Decision of tribunal about proposal","content":"### sec.83 Decision of tribunal about proposal\n\nIn deciding an application made to the tribunal under section 82 , the tribunal may—\ndeclare the proposal to be reasonable; or\ndeclare the proposal to be unreasonable; or\nchange the proposal in a way the tribunal considers appropriate to make it reasonable; or\nmake any other order the tribunal considers appropriate.\nFor deciding the application, the tribunal may have regard to the following—\nthe residential park’s location;\nthe park’s internal layout;\nthe amenities, improvements, facilities and other physical features of the park;\nthe number of home owners for the park and their needs;\nthe levels of site rent and other charges payable, under site agreements, by the home owners.\nSubsection (2) does not limit the matters to which the tribunal may have regard.\n(sec.83-ssec.1) In deciding an application made to the tribunal under section 82 , the tribunal may— declare the proposal to be reasonable; or declare the proposal to be unreasonable; or change the proposal in a way the tribunal considers appropriate to make it reasonable; or make any other order the tribunal considers appropriate.\n(sec.83-ssec.2) For deciding the application, the tribunal may have regard to the following— the residential park’s location; the park’s internal layout; the amenities, improvements, facilities and other physical features of the park; the number of home owners for the park and their needs; the levels of site rent and other charges payable, under site agreements, by the home owners.\n(sec.83-ssec.3) Subsection (2) does not limit the matters to which the tribunal may have regard.\n- (a) declare the proposal to be reasonable; or\n- (b) declare the proposal to be unreasonable; or\n- (c) change the proposal in a way the tribunal considers appropriate to make it reasonable; or\n- (d) make any other order the tribunal considers appropriate.\n- (a) the residential park’s location;\n- (b) the park’s internal layout;\n- (c) the amenities, improvements, facilities and other physical features of the park;\n- (d) the number of home owners for the park and their needs;\n- (e) the levels of site rent and other charges payable, under site agreements, by the home owners.","sortOrder":245},{"sectionNumber":"sec.84","sectionType":"section","heading":"When proposal takes effect","content":"### sec.84 When proposal takes effect\n\nThis section sets out the way of working out when a proposal takes effect.\nIf no objections are made to the proposal or the number of objections made to the proposal is not enough to require the setting up of a park liaison committee, the proposal takes effect—\nat the end of the objection closing day for the proposal; or\nif a later day is stated in the proposal—on the later day.\nIf non-resolution notices about the proposal are given to each of the objectors and no application is made under section 82 (2) to refer a dispute about the proposal to mediation, the proposal takes effect—\n7 days after the day the last of the objectors receives a non-resolution notice; or\nif a later day is stated in the proposal—on the later day.\nIf—\na decision is made by a park liaison committee—\ndeclaring the proposal to be reasonable; or\nchanging the proposal in a way the park liaison committee considers appropriate to make it reasonable; and\nno application is made under section 82 (3) to refer a dispute about the proposal decision to mediation;\nthe proposal, or the proposal as changed, takes effect on the day decided by the park liaison committee.\nIf a dispute about a proposal or a proposal decision for a proposal is referred to mediation under section 82 (2) or (3) , the proposal takes effect—\nif mediation of the dispute results in a mediation agreement that the proposal or the proposal as changed is reasonable—on the day stated in the agreement; or\nif the dispute is not resolved by the mediation and no party to the dispute has applied to the tribunal under section 82 (4) within 7 days after the mediation is finished—at the end of that period.\nIf the tribunal decides the proposal is reasonable or changes the proposal in a way the tribunal considers appropriate to make it reasonable, the proposal takes effect on the day decided by the tribunal.\ns 84 amd 2017 No. 42 s 42\n(sec.84-ssec.1) This section sets out the way of working out when a proposal takes effect.\n(sec.84-ssec.2) If no objections are made to the proposal or the number of objections made to the proposal is not enough to require the setting up of a park liaison committee, the proposal takes effect— at the end of the objection closing day for the proposal; or if a later day is stated in the proposal—on the later day.\n(sec.84-ssec.3) If non-resolution notices about the proposal are given to each of the objectors and no application is made under section 82 (2) to refer a dispute about the proposal to mediation, the proposal takes effect— 7 days after the day the last of the objectors receives a non-resolution notice; or if a later day is stated in the proposal—on the later day.\n(sec.84-ssec.4) If— a decision is made by a park liaison committee— declaring the proposal to be reasonable; or changing the proposal in a way the park liaison committee considers appropriate to make it reasonable; and no application is made under section 82 (3) to refer a dispute about the proposal decision to mediation; the proposal, or the proposal as changed, takes effect on the day decided by the park liaison committee.\n(sec.84-ssec.5) If a dispute about a proposal or a proposal decision for a proposal is referred to mediation under section 82 (2) or (3) , the proposal takes effect— if mediation of the dispute results in a mediation agreement that the proposal or the proposal as changed is reasonable—on the day stated in the agreement; or if the dispute is not resolved by the mediation and no party to the dispute has applied to the tribunal under section 82 (4) within 7 days after the mediation is finished—at the end of that period.\n(sec.84-ssec.6) If the tribunal decides the proposal is reasonable or changes the proposal in a way the tribunal considers appropriate to make it reasonable, the proposal takes effect on the day decided by the tribunal.\n- (a) at the end of the objection closing day for the proposal; or\n- (b) if a later day is stated in the proposal—on the later day.\n- (a) 7 days after the day the last of the objectors receives a non-resolution notice; or\n- (b) if a later day is stated in the proposal—on the later day.\n- (a) a decision is made by a park liaison committee— (i) declaring the proposal to be reasonable; or (ii) changing the proposal in a way the park liaison committee considers appropriate to make it reasonable; and\n- (i) declaring the proposal to be reasonable; or\n- (ii) changing the proposal in a way the park liaison committee considers appropriate to make it reasonable; and\n- (b) no application is made under section 82 (3) to refer a dispute about the proposal decision to mediation;\n- (i) declaring the proposal to be reasonable; or\n- (ii) changing the proposal in a way the park liaison committee considers appropriate to make it reasonable; and\n- (a) if mediation of the dispute results in a mediation agreement that the proposal or the proposal as changed is reasonable—on the day stated in the agreement; or\n- (b) if the dispute is not resolved by the mediation and no party to the dispute has applied to the tribunal under section 82 (4) within 7 days after the mediation is finished—at the end of that period.","sortOrder":246},{"sectionNumber":"sec.85","sectionType":"section","heading":"When change of park rule has no effect","content":"### sec.85 When change of park rule has no effect\n\nA change of a park rule for a residential park has no effect if—\nit is made otherwise than under this division; or\na park liaison committee or the tribunal, in considering a proposal about the change, declares it to be unreasonable.\nHowever, subsection (1) (b) does not apply to a decision of the park liaison committee if the tribunal later—\ndeclares the proposal to be reasonable; or\nchanges the proposal in a way the tribunal considers appropriate to make it reasonable.\n(sec.85-ssec.1) A change of a park rule for a residential park has no effect if— it is made otherwise than under this division; or a park liaison committee or the tribunal, in considering a proposal about the change, declares it to be unreasonable.\n(sec.85-ssec.2) However, subsection (1) (b) does not apply to a decision of the park liaison committee if the tribunal later— declares the proposal to be reasonable; or changes the proposal in a way the tribunal considers appropriate to make it reasonable.\n- (a) it is made otherwise than under this division; or\n- (b) a park liaison committee or the tribunal, in considering a proposal about the change, declares it to be unreasonable.\n- (a) declares the proposal to be reasonable; or\n- (b) changes the proposal in a way the tribunal considers appropriate to make it reasonable.","sortOrder":247},{"sectionNumber":"pt.14","sectionType":"part","heading":"Residential park operations","content":"# Residential park operations","sortOrder":248},{"sectionNumber":"pt.14-div.1","sectionType":"division","heading":"Park owners’ obligations","content":"## Park owners’ obligations","sortOrder":249},{"sectionNumber":"sec.86","sectionType":"section","heading":"Quiet enjoyment","content":"### sec.86 Quiet enjoyment\n\nThe park owner for a residential park must take reasonable steps to ensure a home owner has quiet enjoyment of the home owner’s site in the park and the common areas.\nThe park owner, or park manager, for a residential park must not interfere with the reasonable peace, comfort or privacy of a home owner in using the home owner’s site in the park or the common areas.\nMaximum penalty for subsection (2) —20 penalty units.\n(sec.86-ssec.1) The park owner for a residential park must take reasonable steps to ensure a home owner has quiet enjoyment of the home owner’s site in the park and the common areas.\n(sec.86-ssec.2) The park owner, or park manager, for a residential park must not interfere with the reasonable peace, comfort or privacy of a home owner in using the home owner’s site in the park or the common areas. Maximum penalty for subsection (2) —20 penalty units.","sortOrder":250},{"sectionNumber":"sec.86A","sectionType":"section","heading":"Preparing, maintaining and implementing emergency plan","content":"### sec.86A Preparing, maintaining and implementing emergency plan\n\nThe park owner for a residential park must ensure an emergency plan is prepared for the park, providing for the following—\nemergency procedures, including—\nan effective response to an emergency; and\nprocedures for evacuating home owners and other residents from the park; and\nnotifying emergency service organisations at the earliest opportunity; and\narranging for medical treatment and assistance; and\neffective communication between the person authorised by the park owner to coordinate the emergency response and the home owners and other residents of the park;\ntesting of the emergency procedures, including the frequency of testing;\ninformation, training and instruction to the home owners and other residents of the park about implementing the emergency procedures;\nanother relevant matter prescribed by regulation.\nMaximum penalty—20 penalty units.\nThe park owner must—\nmaintain the emergency plan for the residential park so that the plan remains effective; and\nimplement the emergency plan in the event of an emergency.\nMaximum penalty—20 penalty units.\nIn this section—\nemergency service organisation means—\nthe Queensland Ambulance Service; and\nQueensland Fire and Rescue; and\nthe Queensland Police Service.\ns 86A ins 2017 No. 42 s 43\namd 2024 No. 22 s 92 sch 1\n_____\nss 86B–86E ins 2024 No. 28 s 46 (uncommenced amendment)\n(sec.86A-ssec.1) The park owner for a residential park must ensure an emergency plan is prepared for the park, providing for the following— emergency procedures, including— an effective response to an emergency; and procedures for evacuating home owners and other residents from the park; and notifying emergency service organisations at the earliest opportunity; and arranging for medical treatment and assistance; and effective communication between the person authorised by the park owner to coordinate the emergency response and the home owners and other residents of the park; testing of the emergency procedures, including the frequency of testing; information, training and instruction to the home owners and other residents of the park about implementing the emergency procedures; another relevant matter prescribed by regulation. Maximum penalty—20 penalty units.\n(sec.86A-ssec.2) The park owner must— maintain the emergency plan for the residential park so that the plan remains effective; and implement the emergency plan in the event of an emergency. Maximum penalty—20 penalty units.\n(sec.86A-ssec.3) In this section— emergency service organisation means— the Queensland Ambulance Service; and Queensland Fire and Rescue; and the Queensland Police Service.\n- (a) emergency procedures, including— (i) an effective response to an emergency; and (ii) procedures for evacuating home owners and other residents from the park; and (iii) notifying emergency service organisations at the earliest opportunity; and (iv) arranging for medical treatment and assistance; and (v) effective communication between the person authorised by the park owner to coordinate the emergency response and the home owners and other residents of the park;\n- (i) an effective response to an emergency; and\n- (ii) procedures for evacuating home owners and other residents from the park; and\n- (iii) notifying emergency service organisations at the earliest opportunity; and\n- (iv) arranging for medical treatment and assistance; and\n- (v) effective communication between the person authorised by the park owner to coordinate the emergency response and the home owners and other residents of the park;\n- (b) testing of the emergency procedures, including the frequency of testing;\n- (c) information, training and instruction to the home owners and other residents of the park about implementing the emergency procedures;\n- (d) another relevant matter prescribed by regulation.\n- (i) an effective response to an emergency; and\n- (ii) procedures for evacuating home owners and other residents from the park; and\n- (iii) notifying emergency service organisations at the earliest opportunity; and\n- (iv) arranging for medical treatment and assistance; and\n- (v) effective communication between the person authorised by the park owner to coordinate the emergency response and the home owners and other residents of the park;\n- (a) maintain the emergency plan for the residential park so that the plan remains effective; and\n- (b) implement the emergency plan in the event of an emergency.\n- (a) the Queensland Ambulance Service; and\n- (b) Queensland Fire and Rescue; and\n- (c) the Queensland Police Service.","sortOrder":251},{"sectionNumber":"sec.87","sectionType":"section","heading":"Emergency access to residential park","content":"### sec.87 Emergency access to residential park\n\nThe park owner for a residential park for which site agreements are in force must ensure that at all times an emergency vehicle has ready access to the park in an emergency, unless the park owner has a reasonable excuse.\nMaximum penalty—20 penalty units.\nIn this section—\nemergency vehicle means a motor vehicle driven by a person who is—\nan emergency worker; and\ndriving the vehicle while performing duties as an emergency worker.\nemergency worker means—\nan ambulance officer of the Queensland Ambulance Service or a corresponding service of another State; or\na fire officer of Queensland Fire and Rescue or a corresponding service of another State; or\na Queensland police officer or a member of a police force or service of the Commonwealth or another State.\ns 87 amd 2017 No. 42 s 44 ; 2024 No. 22 s 92 sch 1\n(sec.87-ssec.1) The park owner for a residential park for which site agreements are in force must ensure that at all times an emergency vehicle has ready access to the park in an emergency, unless the park owner has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.87-ssec.2) In this section— emergency vehicle means a motor vehicle driven by a person who is— an emergency worker; and driving the vehicle while performing duties as an emergency worker. emergency worker means— an ambulance officer of the Queensland Ambulance Service or a corresponding service of another State; or a fire officer of Queensland Fire and Rescue or a corresponding service of another State; or a Queensland police officer or a member of a police force or service of the Commonwealth or another State.\n- (a) an emergency worker; and\n- (b) driving the vehicle while performing duties as an emergency worker.\n- (a) an ambulance officer of the Queensland Ambulance Service or a corresponding service of another State; or\n- (b) a fire officer of Queensland Fire and Rescue or a corresponding service of another State; or\n- (c) a Queensland police officer or a member of a police force or service of the Commonwealth or another State.","sortOrder":252},{"sectionNumber":"sec.87A","sectionType":"section","heading":"Park owner not to restrict a visitor of a home owner or other resident","content":"### sec.87A Park owner not to restrict a visitor of a home owner or other resident\n\nThe park owner for a residential park must not restrict a visitor in visiting a home owner or other resident at the site or in a common area in the park, if the visitor—\nis providing, or intending to provide, a health or community service to the home owner or other resident; and\nis suitably qualified to provide the service.\nMaximum penalty—20 penalty units.\nThe park owner for a residential park must not restrict a visitor, other than a visitor mentioned in subsection (1) , in visiting a home owner or other resident at the site or in a common area in the park, unless the park owner has a reasonable excuse.\nA park owner may have a reasonable excuse to restrict a visitor in visiting a home owner or other resident if the visitor was interfering with the reasonable peace, comfort or privacy of another home owner or resident of the park.\nMaximum penalty—20 penalty units.\nIn this section—\nhealth or community service means a service that is, or purports to be, a service for maintaining, improving, restoring or managing a person’s health or general wellbeing.\nmedical services\nambulance services\ncommunity care services, including, for example, providing meals, personal care or domestic assistance\nwelfare services, including, for example, counselling\ndelivering medicine or other goods or providing transport to a person incidental to another health or community service\nsite , in relation to a home owner or other resident of a residential park, means the site in the residential park where the home owner or other resident lives.\nsuitably qualified person , to provide a health or community service, means having, or appearing to have, the qualifications, experience or standing suitable for providing the service.\na medical practitioner\nan ambulance officer\na community nurse\na social worker\nvisitor , for a home owner or other resident of a residential park, means a person who—\nhas the consent of the home owner or other resident to enter the site or the common areas in the residential park; or\nintends to provide a health or community service in situations where consent can not be reasonably obtained from the home owner or other resident.\ns 87A ins 2017 No. 42 s 45\n(sec.87A-ssec.1) The park owner for a residential park must not restrict a visitor in visiting a home owner or other resident at the site or in a common area in the park, if the visitor— is providing, or intending to provide, a health or community service to the home owner or other resident; and is suitably qualified to provide the service. Maximum penalty—20 penalty units.\n(sec.87A-ssec.2) The park owner for a residential park must not restrict a visitor, other than a visitor mentioned in subsection (1) , in visiting a home owner or other resident at the site or in a common area in the park, unless the park owner has a reasonable excuse. A park owner may have a reasonable excuse to restrict a visitor in visiting a home owner or other resident if the visitor was interfering with the reasonable peace, comfort or privacy of another home owner or resident of the park. Maximum penalty—20 penalty units.\n(sec.87A-ssec.3) In this section— health or community service means a service that is, or purports to be, a service for maintaining, improving, restoring or managing a person’s health or general wellbeing. medical services ambulance services community care services, including, for example, providing meals, personal care or domestic assistance welfare services, including, for example, counselling delivering medicine or other goods or providing transport to a person incidental to another health or community service site , in relation to a home owner or other resident of a residential park, means the site in the residential park where the home owner or other resident lives. suitably qualified person , to provide a health or community service, means having, or appearing to have, the qualifications, experience or standing suitable for providing the service. a medical practitioner an ambulance officer a community nurse a social worker visitor , for a home owner or other resident of a residential park, means a person who— has the consent of the home owner or other resident to enter the site or the common areas in the residential park; or intends to provide a health or community service in situations where consent can not be reasonably obtained from the home owner or other resident.\n- (a) is providing, or intending to provide, a health or community service to the home owner or other resident; and\n- (b) is suitably qualified to provide the service.\n- • medical services\n- • ambulance services\n- • community care services, including, for example, providing meals, personal care or domestic assistance\n- • welfare services, including, for example, counselling\n- • delivering medicine or other goods or providing transport to a person incidental to another health or community service\n- • a medical practitioner\n- • an ambulance officer\n- • a community nurse\n- • a social worker\n- (a) has the consent of the home owner or other resident to enter the site or the common areas in the residential park; or\n- (b) intends to provide a health or community service in situations where consent can not be reasonably obtained from the home owner or other resident.","sortOrder":253},{"sectionNumber":"sec.88","sectionType":"section","heading":"Right of home owner to participate in home owners’ organisation","content":"### sec.88 Right of home owner to participate in home owners’ organisation\n\nThe park owner for a residential park must not unreasonably interfere with the exercise of the right of a home owner to participate in an organisation established to represent the interests of the home owner or home owners generally.\nMaximum penalty—20 penalty units.","sortOrder":254},{"sectionNumber":"sec.89","sectionType":"section","heading":"Notice board","content":"### sec.89 Notice board\n\nThe park owner for a residential park for which site agreements are in force must maintain a notice board in a prominent position within the common areas.\nMaximum penalty—10 penalty units.\nThe park owner for a residential park must not unreasonably interfere with the rights of a home owner—\nto read the park’s notice board; and\nto place a notice, or other material, relevant to the park on the park’s notice board.\nMaximum penalty—5 penalty units.\nA regulation may prescribe a type of information that the park owner must make all reasonable attempts to display on the notice board during a prescribed period.\nThe park owner must make all reasonable attempts to display on the notice board—\neither—\nthe park rules as currently in force; or\ninformation about how and where a home owner may obtain a copy of the park rules as currently in force, free of charge; and\ninformation of the type prescribed under subsection (3) during the prescribed period for displaying information of that type.\nMaximum penalty—5 penalty units.\nIn this section—\nnotice board means a notice board for the display of notices and other material of interest to the home owners.\ns 89 amd 2010 No. 46 s 25 ; 2017 No. 42 s 46\n(sec.89-ssec.1) The park owner for a residential park for which site agreements are in force must maintain a notice board in a prominent position within the common areas. Maximum penalty—10 penalty units.\n(sec.89-ssec.2) The park owner for a residential park must not unreasonably interfere with the rights of a home owner— to read the park’s notice board; and to place a notice, or other material, relevant to the park on the park’s notice board. Maximum penalty—5 penalty units.\n(sec.89-ssec.3) A regulation may prescribe a type of information that the park owner must make all reasonable attempts to display on the notice board during a prescribed period.\n(sec.89-ssec.4) The park owner must make all reasonable attempts to display on the notice board— either— the park rules as currently in force; or information about how and where a home owner may obtain a copy of the park rules as currently in force, free of charge; and information of the type prescribed under subsection (3) during the prescribed period for displaying information of that type. Maximum penalty—5 penalty units.\n(sec.89-ssec.5) In this section— notice board means a notice board for the display of notices and other material of interest to the home owners.\n- (a) to read the park’s notice board; and\n- (b) to place a notice, or other material, relevant to the park on the park’s notice board.\n- (a) either— (i) the park rules as currently in force; or (ii) information about how and where a home owner may obtain a copy of the park rules as currently in force, free of charge; and\n- (i) the park rules as currently in force; or\n- (ii) information about how and where a home owner may obtain a copy of the park rules as currently in force, free of charge; and\n- (b) information of the type prescribed under subsection (3) during the prescribed period for displaying information of that type.\n- (i) the park rules as currently in force; or\n- (ii) information about how and where a home owner may obtain a copy of the park rules as currently in force, free of charge; and","sortOrder":255},{"sectionNumber":"sec.90","sectionType":"section","heading":"Maintenance of trees","content":"### sec.90 Maintenance of trees\n\nThe park owner for a residential park for which site agreements are in force must ensure trees in the common areas are maintained so as not to pose a danger to any person or property.\nHowever, the park owner is not required to take any action under subsection (1) that is unlawful.\nIf a home owner considers the park owner has not maintained a tree as required under subsection (1) and the park owner does not agree, the home owner may, subject to section 116 , apply to the tribunal for an order under subsection (4) .\nThe tribunal may, on the application of a home owner, make an order requiring the park owner to comply with subsection (1) in a stated way.\ns 90 amd 2017 No. 42 s 47\n(sec.90-ssec.1) The park owner for a residential park for which site agreements are in force must ensure trees in the common areas are maintained so as not to pose a danger to any person or property.\n(sec.90-ssec.2) However, the park owner is not required to take any action under subsection (1) that is unlawful.\n(sec.90-ssec.3) If a home owner considers the park owner has not maintained a tree as required under subsection (1) and the park owner does not agree, the home owner may, subject to section 116 , apply to the tribunal for an order under subsection (4) .\n(sec.90-ssec.4) The tribunal may, on the application of a home owner, make an order requiring the park owner to comply with subsection (1) in a stated way.","sortOrder":256},{"sectionNumber":"sec.91","sectionType":"section","heading":"Mail facilities","content":"### sec.91 Mail facilities\n\nThe park owner for a residential park must establish and maintain at the park reasonable, accessible mail facilities for the home owners.","sortOrder":257},{"sectionNumber":"sec.91A","sectionType":"section","heading":"Notice of change of business hours contact telephone number","content":"### sec.91A Notice of change of business hours contact telephone number\n\nIf a business hours contact telephone number for the park owner, or the park manager, stated in the site agreement under section 25 (4) (h) changes, the park owner must give the home owner written notice of the change within 7 days after the change.\nMaximum penalty—10 penalty units.\ns 91A ins 2010 No. 46 s 26","sortOrder":258},{"sectionNumber":"sec.92","sectionType":"section","heading":"Separate measurement or metering of supply of utility","content":"### sec.92 Separate measurement or metering of supply of utility\n\nThis section applies if—\nthe use by the home owner under a site agreement of a utility at the site is not separately measured or metered; and\nthe park owner wishes to separately measure or meter the use of the utility at the site.\nThe park owner must pay the cost of installing a measuring device or meter to measure the use of the utility at the site.\nMaximum penalty—100 penalty units.\n(sec.92-ssec.1) This section applies if— the use by the home owner under a site agreement of a utility at the site is not separately measured or metered; and the park owner wishes to separately measure or meter the use of the utility at the site.\n(sec.92-ssec.2) The park owner must pay the cost of installing a measuring device or meter to measure the use of the utility at the site. Maximum penalty—100 penalty units.\n- (a) the use by the home owner under a site agreement of a utility at the site is not separately measured or metered; and\n- (b) the park owner wishes to separately measure or meter the use of the utility at the site.","sortOrder":259},{"sectionNumber":"sec.93","sectionType":"section","heading":"Repositioning of manufactured home","content":"### sec.93 Repositioning of manufactured home\n\nThis section applies if—\nthere is a site agreement in force for a site (the original site ); and\na manufactured home is positioned on the original site; and\nunder the agreement, the park owner may require the home owner to reposition the home to another site in the residential park.\nThe park owner may require the home owner to reposition the home to another site in the park only if—\nthe other site is broadly comparable to the original site; and\nthe park owner gives the home owner a written undertaking to pay all the expenses involved in repositioning the home.\nThe undertaking may be enforced by the home owner in a court of competent jurisdiction as if it were a deed.\n(sec.93-ssec.1) This section applies if— there is a site agreement in force for a site (the original site ); and a manufactured home is positioned on the original site; and under the agreement, the park owner may require the home owner to reposition the home to another site in the residential park.\n(sec.93-ssec.2) The park owner may require the home owner to reposition the home to another site in the park only if— the other site is broadly comparable to the original site; and the park owner gives the home owner a written undertaking to pay all the expenses involved in repositioning the home.\n(sec.93-ssec.3) The undertaking may be enforced by the home owner in a court of competent jurisdiction as if it were a deed.\n- (a) there is a site agreement in force for a site (the original site ); and\n- (b) a manufactured home is positioned on the original site; and\n- (c) under the agreement, the park owner may require the home owner to reposition the home to another site in the residential park.\n- (a) the other site is broadly comparable to the original site; and\n- (b) the park owner gives the home owner a written undertaking to pay all the expenses involved in repositioning the home.","sortOrder":260},{"sectionNumber":"sec.94","sectionType":"section","heading":"Access by park owner to site","content":"### sec.94 Access by park owner to site\n\nThis section applies if—\nthere is a site agreement in force for a site; and\na manufactured home is positioned on the site.\nSubject to subsection (3) , the park owner or the park manager for the residential park must not enter the site other than in the following circumstances—\nif the home owner consents to the entry;\nin an emergency;\nif the park owner arranges for the supply of electricity, gas or water to the site—to read a meter situated on the site recording the quantity of electricity, gas or water supplied during a period;\nto carry out an inspection, or maintenance, of the site, after giving the home owner at least 2 days notice of the proposed entry;\nto show the site to a prospective home owner for the site, after giving the home owner at least 1 day’s notice of the inspection;\nif the park owner or park manager reasonably believes the home has been abandoned;\nunder an order of the tribunal permitting entry to the site for a stated purpose.\nMaximum penalty—10 penalty units.\nEntry to the site in the circumstances mentioned in subsection (2) (c) , (d) or (e) must not happen on a Sunday or public holiday, or outside the hours from 8a.m. to 8p.m., without the written consent of the home owner.\nThe tribunal may, on application made by the park owner or park manager, make an order permitting the park owner or park manager to enter the site for a stated purpose.\n(sec.94-ssec.1) This section applies if— there is a site agreement in force for a site; and a manufactured home is positioned on the site.\n(sec.94-ssec.2) Subject to subsection (3) , the park owner or the park manager for the residential park must not enter the site other than in the following circumstances— if the home owner consents to the entry; in an emergency; if the park owner arranges for the supply of electricity, gas or water to the site—to read a meter situated on the site recording the quantity of electricity, gas or water supplied during a period; to carry out an inspection, or maintenance, of the site, after giving the home owner at least 2 days notice of the proposed entry; to show the site to a prospective home owner for the site, after giving the home owner at least 1 day’s notice of the inspection; if the park owner or park manager reasonably believes the home has been abandoned; under an order of the tribunal permitting entry to the site for a stated purpose. Maximum penalty—10 penalty units.\n(sec.94-ssec.3) Entry to the site in the circumstances mentioned in subsection (2) (c) , (d) or (e) must not happen on a Sunday or public holiday, or outside the hours from 8a.m. to 8p.m., without the written consent of the home owner.\n(sec.94-ssec.4) The tribunal may, on application made by the park owner or park manager, make an order permitting the park owner or park manager to enter the site for a stated purpose.\n- (a) there is a site agreement in force for a site; and\n- (b) a manufactured home is positioned on the site.\n- (a) if the home owner consents to the entry;\n- (b) in an emergency;\n- (c) if the park owner arranges for the supply of electricity, gas or water to the site—to read a meter situated on the site recording the quantity of electricity, gas or water supplied during a period;\n- (d) to carry out an inspection, or maintenance, of the site, after giving the home owner at least 2 days notice of the proposed entry;\n- (e) to show the site to a prospective home owner for the site, after giving the home owner at least 1 day’s notice of the inspection;\n- (f) if the park owner or park manager reasonably believes the home has been abandoned;\n- (g) under an order of the tribunal permitting entry to the site for a stated purpose.","sortOrder":261},{"sectionNumber":"sec.95","sectionType":"section","heading":"Fraudulent or misleading conduct","content":"### sec.95 Fraudulent or misleading conduct\n\nThe park owner for a residential park for which site agreements are in force must not engage in conduct that is fraudulent or misleading in the operation of the park or in acting as a home owner’s agent to sell, or to negotiate the sale of, a manufactured home.\nA park owner must not in advertising or in precontractual negotiations—\nindicate that the site rent will only ever increase in accordance with increases in the CPI; or\nindicate that the site agreement can only be terminated by the home owner.\nMaximum penalty—200 penalty units.\ns 95 amd 2010 No. 46 s 27 ; 2024 No. 28 s 21\n- (a) indicate that the site rent will only ever increase in accordance with increases in the CPI; or\n- (b) indicate that the site agreement can only be terminated by the home owner.","sortOrder":262},{"sectionNumber":"sec.96","sectionType":"section","heading":"Harassment or unconscionable conduct","content":"### sec.96 Harassment or unconscionable conduct\n\nThe park owner for a residential park for which site agreements are in force must not engage in harassment or unconscionable conduct in the operation of the park or in acting as a home owner’s agent to sell, or to negotiate the sale of, a manufactured home.\nusing, or getting a third party to use, threatening or intimidating language or behaviour towards a home owner or prospective home owner for a site\nengaging in conduct that would make a person feel unwillingly compelled to comply with the park owner’s request or demand\ntaking unfair advantage of the park owner’s superior bargaining position relative to a home owner or prospective home owner for a site\nrequiring a home owner or prospective home owner for a site to comply with conditions that are not reasonably necessary for the protection of the park owner’s legitimate interests\nif it is reasonably apparent that a home owner or prospective home owner for a site can not understand relevant documents, taking unfair advantage of the home owner’s, or prospective home owner’s, lack of understanding in relation to the documents\nexerting undue influence or pressure on, or using unfair tactics against, a home owner, prospective home owner for a site, or a person acting for a home owner or prospective home owner for a site\nMaximum penalty—200 penalty units.\ns 96 amd 2010 No. 46 s 28\n- • using, or getting a third party to use, threatening or intimidating language or behaviour towards a home owner or prospective home owner for a site\n- • engaging in conduct that would make a person feel unwillingly compelled to comply with the park owner’s request or demand\n- • taking unfair advantage of the park owner’s superior bargaining position relative to a home owner or prospective home owner for a site\n- • requiring a home owner or prospective home owner for a site to comply with conditions that are not reasonably necessary for the protection of the park owner’s legitimate interests\n- • if it is reasonably apparent that a home owner or prospective home owner for a site can not understand relevant documents, taking unfair advantage of the home owner’s, or prospective home owner’s, lack of understanding in relation to the documents\n- • exerting undue influence or pressure on, or using unfair tactics against, a home owner, prospective home owner for a site, or a person acting for a home owner or prospective home owner for a site","sortOrder":263},{"sectionNumber":"pt.14-div.2","sectionType":"division","heading":"Home owners’ obligations","content":"## Home owners’ obligations","sortOrder":264},{"sectionNumber":"sec.97","sectionType":"section","heading":"Letting of site by home owner","content":"### sec.97 Letting of site by home owner\n\nThis section applies if a manufactured home is positioned on a site the subject of a site agreement.\nThe home owner must not rent the site to a person on a temporary basis unless this is allowed under the agreement.\nIf the home owner rents the site to a person on a temporary basis under subsection (2) , the home owner must as soon as practicable after the letting give the park owner notice of the letting.\nThe notice must state—\nthe name of the tenant; and\nthe period of the tenancy.\n(sec.97-ssec.1) This section applies if a manufactured home is positioned on a site the subject of a site agreement.\n(sec.97-ssec.2) The home owner must not rent the site to a person on a temporary basis unless this is allowed under the agreement.\n(sec.97-ssec.3) If the home owner rents the site to a person on a temporary basis under subsection (2) , the home owner must as soon as practicable after the letting give the park owner notice of the letting.\n(sec.97-ssec.4) The notice must state— the name of the tenant; and the period of the tenancy.\n- (a) the name of the tenant; and\n- (b) the period of the tenancy.","sortOrder":265},{"sectionNumber":"sec.98","sectionType":"section","heading":"Alteration or addition to manufactured home","content":"### sec.98 Alteration or addition to manufactured home\n\nThis section applies if a manufactured home is positioned on a site the subject of a site agreement.\nThe home owner must not make any alteration to the home that is visible from the outside of the home, or make any addition to the home, unless the park owner gives written consent to the proposed alteration or addition.\nThe park owner must not unreasonably refuse to give the consent.\nIf the home owner considers the park owner has unreasonably refused to give consent under subsection (2) to a proposed alteration or addition to the home, the home owner may, subject to section 116 , apply to the tribunal for an order under subsection (5) .\nThe tribunal may, on application made by the home owner, make an order requiring the park owner to consent to the proposed alteration or addition if the tribunal considers the consent has been unreasonably refused.\nHowever, the tribunal may not make an order under subsection (5) if effecting the proposed alteration or addition would contravene a law of the State.\ns 98 amd 2017 No. 42 s 48\n(sec.98-ssec.1) This section applies if a manufactured home is positioned on a site the subject of a site agreement.\n(sec.98-ssec.2) The home owner must not make any alteration to the home that is visible from the outside of the home, or make any addition to the home, unless the park owner gives written consent to the proposed alteration or addition.\n(sec.98-ssec.3) The park owner must not unreasonably refuse to give the consent.\n(sec.98-ssec.4) If the home owner considers the park owner has unreasonably refused to give consent under subsection (2) to a proposed alteration or addition to the home, the home owner may, subject to section 116 , apply to the tribunal for an order under subsection (5) .\n(sec.98-ssec.5) The tribunal may, on application made by the home owner, make an order requiring the park owner to consent to the proposed alteration or addition if the tribunal considers the consent has been unreasonably refused.\n(sec.98-ssec.6) However, the tribunal may not make an order under subsection (5) if effecting the proposed alteration or addition would contravene a law of the State.","sortOrder":266},{"sectionNumber":"sec.99","sectionType":"section","heading":"Separate payment by home owner for use of utility at site","content":"### sec.99 Separate payment by home owner for use of utility at site\n\nThis section applies if, under a site agreement, the home owner is required to pay the park owner for the use by the home owner of a utility at the site.\nThe home owner may be required to pay for the use only if the use is separately measured or metered.\n(sec.99-ssec.1) This section applies if, under a site agreement, the home owner is required to pay the park owner for the use by the home owner of a utility at the site.\n(sec.99-ssec.2) The home owner may be required to pay for the use only if the use is separately measured or metered.","sortOrder":267},{"sectionNumber":"sec.99A","sectionType":"section","heading":"Separate charge by park owner not to be more than cost of supply for use of utility","content":"### sec.99A Separate charge by park owner not to be more than cost of supply for use of utility\n\nThis section applies if—\nunder a site agreement or another agreement or arrangement, a home owner for a site in a residential park is required to pay the park owner or a third party for the use by the home owner of a utility at the site; and\nthe use is separately measured or metered.\nThe park owner must not charge the home owner, or arrange for the home owner to be charged, an amount (a prohibited amount ) for the use of a utility that is more than the amount charged by the relevant supply entity for the quantity of the service supplied to, or used at, the site.\nMaximum penalty—20 penalty units.\nFor subsection (2) , the park owner charging the home owner, or arranging for the home owner to be charged, an amount for the use of the utility includes—\nthe park owner directing the home owner to pay the amount to a third party; and\nthe park owner agreeing or arranging with a third party for the home owner to be charged the amount and the park owner or third party charging the home owner the amount for the purpose of that agreement or arrangement.\nWithout limiting subsection (2) , a prohibited amount includes the following amounts charged, or purported to be charged—\nan amount for reading a meter for the use of the utility;\nanother amount for administration relating to the supply, or on-supply, of the utility to the site, including, for example, an amount relating to obtaining for the home owner a State government concession or rebate for the supply or on-supply of the utility.\nIn this section—\nrelevant supply entity means the entity that has charged, or may charge, the park owner for supplying the utility to—\nthe site; or\nthe residential park for on-supply to the site.\nsupplied , to a site, includes supplied to the residential park for on-supply to the site.\nthird party means an entity other than the relevant supply entity.\ns 99A ins 2010 No. 46 s 29\namd 2017 No. 42 s 49\n(sec.99A-ssec.1) This section applies if— under a site agreement or another agreement or arrangement, a home owner for a site in a residential park is required to pay the park owner or a third party for the use by the home owner of a utility at the site; and the use is separately measured or metered.\n(sec.99A-ssec.2) The park owner must not charge the home owner, or arrange for the home owner to be charged, an amount (a prohibited amount ) for the use of a utility that is more than the amount charged by the relevant supply entity for the quantity of the service supplied to, or used at, the site. Maximum penalty—20 penalty units.\n(sec.99A-ssec.3) For subsection (2) , the park owner charging the home owner, or arranging for the home owner to be charged, an amount for the use of the utility includes— the park owner directing the home owner to pay the amount to a third party; and the park owner agreeing or arranging with a third party for the home owner to be charged the amount and the park owner or third party charging the home owner the amount for the purpose of that agreement or arrangement.\n(sec.99A-ssec.4) Without limiting subsection (2) , a prohibited amount includes the following amounts charged, or purported to be charged— an amount for reading a meter for the use of the utility; another amount for administration relating to the supply, or on-supply, of the utility to the site, including, for example, an amount relating to obtaining for the home owner a State government concession or rebate for the supply or on-supply of the utility.\n(sec.99A-ssec.5) In this section— relevant supply entity means the entity that has charged, or may charge, the park owner for supplying the utility to— the site; or the residential park for on-supply to the site. supplied , to a site, includes supplied to the residential park for on-supply to the site. third party means an entity other than the relevant supply entity.\n- (a) under a site agreement or another agreement or arrangement, a home owner for a site in a residential park is required to pay the park owner or a third party for the use by the home owner of a utility at the site; and\n- (b) the use is separately measured or metered.\n- (a) the park owner directing the home owner to pay the amount to a third party; and\n- (b) the park owner agreeing or arranging with a third party for the home owner to be charged the amount and the park owner or third party charging the home owner the amount for the purpose of that agreement or arrangement.\n- (a) an amount for reading a meter for the use of the utility;\n- (b) another amount for administration relating to the supply, or on-supply, of the utility to the site, including, for example, an amount relating to obtaining for the home owner a State government concession or rebate for the supply or on-supply of the utility.\n- (a) the site; or\n- (b) the residential park for on-supply to the site.","sortOrder":268},{"sectionNumber":"pt.15","sectionType":"part","heading":"Home owners committee","content":"# Home owners committee","sortOrder":269},{"sectionNumber":"sec.100","sectionType":"section","heading":"Establishment of committee","content":"### sec.100 Establishment of committee\n\nThe home owners for a residential park may establish, by election conducted among themselves, a home owners committee.\nOnly 1 home owners committee may be established for a residential park.\nThe park owner for a residential park must not restrict the home owners for the park from establishing a home owners committee.\nMaximum penalty—20 penalty units.\nA member of the committee—\nholds office for not more than 1 year, but may be re-elected; and\nmay be removed, at any time, by special resolution at a meeting of the home owners.\nThe committee may, subject to any constitution adopted under section 101 for the committee—\ndecide its own procedures; and\nform subcommittees and decide each subcommittee’s procedures.\nThe park owner may, if invited by the committee, attend a meeting of the committee.\ns 100 amd 2010 No. 46 s 30 ; 2017 No. 42 s 50\n(sec.100-ssec.1) The home owners for a residential park may establish, by election conducted among themselves, a home owners committee.\n(sec.100-ssec.2) Only 1 home owners committee may be established for a residential park.\n(sec.100-ssec.3) The park owner for a residential park must not restrict the home owners for the park from establishing a home owners committee. Maximum penalty—20 penalty units.\n(sec.100-ssec.4) A member of the committee— holds office for not more than 1 year, but may be re-elected; and may be removed, at any time, by special resolution at a meeting of the home owners.\n(sec.100-ssec.5) The committee may, subject to any constitution adopted under section 101 for the committee— decide its own procedures; and form subcommittees and decide each subcommittee’s procedures.\n(sec.100-ssec.6) The park owner may, if invited by the committee, attend a meeting of the committee.\n- (a) holds office for not more than 1 year, but may be re-elected; and\n- (b) may be removed, at any time, by special resolution at a meeting of the home owners.\n- (a) decide its own procedures; and\n- (b) form subcommittees and decide each subcommittee’s procedures.","sortOrder":270},{"sectionNumber":"sec.101","sectionType":"section","heading":"Home owners constitution","content":"### sec.101 Home owners constitution\n\nIf a home owners committee is established under section 100 for a residential park, a majority of the home owners may adopt a constitution governing the performance by the committee of its function under section 102 .\nThe constitution—\nmust not be inconsistent with this Act; and\nmust provide for any matter prescribed under a regulation.\nThe committee must comply with the constitution.\nThe constitution may be amended by special resolution at a meeting of the home owners.\n(sec.101-ssec.1) If a home owners committee is established under section 100 for a residential park, a majority of the home owners may adopt a constitution governing the performance by the committee of its function under section 102 .\n(sec.101-ssec.2) The constitution— must not be inconsistent with this Act; and must provide for any matter prescribed under a regulation.\n(sec.101-ssec.3) The committee must comply with the constitution.\n(sec.101-ssec.4) The constitution may be amended by special resolution at a meeting of the home owners.\n- (a) must not be inconsistent with this Act; and\n- (b) must provide for any matter prescribed under a regulation.","sortOrder":271},{"sectionNumber":"sec.102","sectionType":"section","heading":"Committee’s function","content":"### sec.102 Committee’s function\n\nThe function of a home owners committee for a residential park is to deal with the park owner on behalf of the home owners about—\nthe day-to-day running of the park; and\nany complaint or proposal about the operation of the park raised by the home owners.\nThe park owner must not restrict—\na home owners committee from performing the committee’s function under subsection (1) ; or\na home owner who is a member of a home owners committee from performing the member’s functions as a member of the committee.\nMaximum penalty for subsection (2) —20 penalty units.\ns 102 amd 2017 No. 42 s 51\n(sec.102-ssec.1) The function of a home owners committee for a residential park is to deal with the park owner on behalf of the home owners about— the day-to-day running of the park; and any complaint or proposal about the operation of the park raised by the home owners.\n(sec.102-ssec.2) The park owner must not restrict— a home owners committee from performing the committee’s function under subsection (1) ; or a home owner who is a member of a home owners committee from performing the member’s functions as a member of the committee. Maximum penalty for subsection (2) —20 penalty units.\n- (a) the day-to-day running of the park; and\n- (b) any complaint or proposal about the operation of the park raised by the home owners.\n- (a) a home owners committee from performing the committee’s function under subsection (1) ; or\n- (b) a home owner who is a member of a home owners committee from performing the member’s functions as a member of the committee.","sortOrder":272},{"sectionNumber":"sec.103","sectionType":"section","heading":"Park owner to respond to complaint or proposal","content":"### sec.103 Park owner to respond to complaint or proposal\n\nIf a home owners committee for a residential park gives the park owner a notice detailing a complaint or proposal mentioned in section 102 (1) (b) , the park owner must within 21 days after receiving the notice give the committee a written response addressing the complaint or proposal.\nMaximum penalty—20 penalty units.\ns 103 amd 2017 No. 42 s 52","sortOrder":273},{"sectionNumber":"pt.16","sectionType":"part","heading":"Obligations about behaviour of park owners and home owners","content":"# Obligations about behaviour of park owners and home owners","sortOrder":274},{"sectionNumber":"sec.104","sectionType":"section","heading":"Park owner to respect rights of home owners and other residents","content":"### sec.104 Park owner to respect rights of home owners and other residents\n\nThe park owner for a residential park must respect the rights of home owners and other residents of the park.\nWithout limiting subsection (1) , the park owner—\nmust not unreasonably interfere with, or allow interference with, the reasonable peace, comfort or privacy of a home owner or other resident; and\nmust take reasonable steps to ensure a home owner or other resident, or the guest of a home owner or other resident, does not interfere with the reasonable peace, comfort or privacy of another home owner or resident; and\nmust use the park owner’s best endeavours to ensure each home owner or other resident lives in an environment free from harassment and intimidation; and\nmust not unreasonably restrict the right of a home owner or other resident to autonomy over their personal, financial or other matters or possessions; and\nmust not unreasonably restrict a home owner or other resident from exercising self-reliance in matters relating to their personal, domestic or financial affairs; and\nmust, within 21 days after receiving relevant correspondence from the home owner or other resident, or a representative of a home owner or other resident (each a correspondent ), give the correspondent a complete response to the relevant correspondence.\nHowever, if under subsection (2) (f) , the park owner gives a correspondent a complete response to relevant correspondence (the previous response ), the park owner is not required to give the correspondent another complete response addressing the same, or substantially the same, complaint, proposal or question addressed in the previous response.\nIn this section—\ncomplete response , to relevant correspondence, means a written response addressing each complaint, proposal and question in the relevant correspondence.\nrelevant correspondence means a written complaint, proposal or question about the operation of the park.\nrepresentative , of a home owner or other resident, means an entity—\nestablished to represent the interests of the home owner, resident or home owners and residents generally; and\nthat is authorised by the home owner or resident to give relevant correspondence to the park owner.\ns 104 prev s 104 om 2014 No. 8 s 134\npres s 104 ins 2017 No. 42 s 53\n(sec.104-ssec.1) The park owner for a residential park must respect the rights of home owners and other residents of the park.\n(sec.104-ssec.2) Without limiting subsection (1) , the park owner— must not unreasonably interfere with, or allow interference with, the reasonable peace, comfort or privacy of a home owner or other resident; and must take reasonable steps to ensure a home owner or other resident, or the guest of a home owner or other resident, does not interfere with the reasonable peace, comfort or privacy of another home owner or resident; and must use the park owner’s best endeavours to ensure each home owner or other resident lives in an environment free from harassment and intimidation; and must not unreasonably restrict the right of a home owner or other resident to autonomy over their personal, financial or other matters or possessions; and must not unreasonably restrict a home owner or other resident from exercising self-reliance in matters relating to their personal, domestic or financial affairs; and must, within 21 days after receiving relevant correspondence from the home owner or other resident, or a representative of a home owner or other resident (each a correspondent ), give the correspondent a complete response to the relevant correspondence.\n(sec.104-ssec.3) However, if under subsection (2) (f) , the park owner gives a correspondent a complete response to relevant correspondence (the previous response ), the park owner is not required to give the correspondent another complete response addressing the same, or substantially the same, complaint, proposal or question addressed in the previous response.\n(sec.104-ssec.4) In this section— complete response , to relevant correspondence, means a written response addressing each complaint, proposal and question in the relevant correspondence. relevant correspondence means a written complaint, proposal or question about the operation of the park. representative , of a home owner or other resident, means an entity— established to represent the interests of the home owner, resident or home owners and residents generally; and that is authorised by the home owner or resident to give relevant correspondence to the park owner.\n- (a) must not unreasonably interfere with, or allow interference with, the reasonable peace, comfort or privacy of a home owner or other resident; and\n- (b) must take reasonable steps to ensure a home owner or other resident, or the guest of a home owner or other resident, does not interfere with the reasonable peace, comfort or privacy of another home owner or resident; and\n- (c) must use the park owner’s best endeavours to ensure each home owner or other resident lives in an environment free from harassment and intimidation; and\n- (d) must not unreasonably restrict the right of a home owner or other resident to autonomy over their personal, financial or other matters or possessions; and\n- (e) must not unreasonably restrict a home owner or other resident from exercising self-reliance in matters relating to their personal, domestic or financial affairs; and\n- (f) must, within 21 days after receiving relevant correspondence from the home owner or other resident, or a representative of a home owner or other resident (each a correspondent ), give the correspondent a complete response to the relevant correspondence.\n- (a) established to represent the interests of the home owner, resident or home owners and residents generally; and\n- (b) that is authorised by the home owner or resident to give relevant correspondence to the park owner.","sortOrder":275},{"sectionNumber":"sec.105","sectionType":"section","heading":"Home owners to respect rights of others","content":"### sec.105 Home owners to respect rights of others\n\nA home owner for a residential park must respect the rights of other residents of the park and other persons in the park.\nWithout limiting subsection (1) , a home owner—\nmust not unreasonably interfere with, or allow interference with, the reasonable peace, comfort or privacy of another resident; and\nmust respect the right of the park owner, park manager or a representative of the park owner or park manager to work in an environment free from harassment and intimidation; and\nmust not act in a way that adversely affects the occupational health and safety of a person working in the residential park.\nA home owner for a residential park must also ensure, as far as reasonably practicable, the home owner’s tenant or guest complies with subsection (2) (a) to (c) .\nIn this section—\nrepresentative , of a park owner or park manager, means—\nif the park owner or park manager is a corporation—an executive officer, employee or agent of the corporation; or\nif the park owner or park manager is an individual—an employee or agent of the individual.\ns 105 prev s 105 om 2014 No. 8 s 134\npres s 105 ins 2017 No. 42 s 54\n(sec.105-ssec.1) A home owner for a residential park must respect the rights of other residents of the park and other persons in the park.\n(sec.105-ssec.2) Without limiting subsection (1) , a home owner— must not unreasonably interfere with, or allow interference with, the reasonable peace, comfort or privacy of another resident; and must respect the right of the park owner, park manager or a representative of the park owner or park manager to work in an environment free from harassment and intimidation; and must not act in a way that adversely affects the occupational health and safety of a person working in the residential park.\n(sec.105-ssec.3) A home owner for a residential park must also ensure, as far as reasonably practicable, the home owner’s tenant or guest complies with subsection (2) (a) to (c) .\n(sec.105-ssec.4) In this section— representative , of a park owner or park manager, means— if the park owner or park manager is a corporation—an executive officer, employee or agent of the corporation; or if the park owner or park manager is an individual—an employee or agent of the individual.\n- (a) must not unreasonably interfere with, or allow interference with, the reasonable peace, comfort or privacy of another resident; and\n- (b) must respect the right of the park owner, park manager or a representative of the park owner or park manager to work in an environment free from harassment and intimidation; and\n- (c) must not act in a way that adversely affects the occupational health and safety of a person working in the residential park.\n- (a) if the park owner or park manager is a corporation—an executive officer, employee or agent of the corporation; or\n- (b) if the park owner or park manager is an individual—an employee or agent of the individual.","sortOrder":276},{"sectionNumber":"pt.17","sectionType":"part","heading":"Resolution of residential park disputes","content":"# Resolution of residential park disputes","sortOrder":277},{"sectionNumber":"pt.17-div.1","sectionType":"division","heading":"Alternative dispute resolution","content":"## Alternative dispute resolution","sortOrder":278},{"sectionNumber":"sec.106","sectionType":"section","heading":"Application and purpose of division","content":"### sec.106 Application and purpose of division\n\nThis division applies to the parties to a residential park dispute and provides for the procedures the parties may use to try to resolve the dispute.\ns 106 prev s 106 om 2014 No. 8 s 134\npres s 106 ins 2017 No. 42 s 53","sortOrder":279},{"sectionNumber":"sec.107","sectionType":"section","heading":"Notice to negotiate resolution of dispute","content":"### sec.107 Notice to negotiate resolution of dispute\n\nA party to a residential park dispute (the first party ) may give the other party to the dispute a notice (a dispute negotiation notice )—\nstating the matters in dispute; and\nnominating a time on a stated day (the nominated time ) at least 14 days but no more than 28 days after the notice is given for the parties to meet at a stated place (the nominated place ) to negotiate a resolution of the dispute.\nIf the first party gives a dispute negotiation notice, the other party must, within 7 days after receiving the notice, give the first party a written response agreeing to meet the first party—\nat the nominated time or on another day at another time within 7 days of the nominated time; and\nat the nominated place or another place as agreed.\nThe parties must meet and try to resolve the dispute by negotiation—\nat the nominated time, or on another day at another time agreed by the parties that is within 7 days after the nominated day and time; and\nat the nominated place or another place agreed by the parties.\nIf the parties meet under subsection (3) , the parties may agree to meet at other times to try to resolve the dispute by negotiation.\ns 107 prev s 107 om 2014 No. 8 s 134\npres s 107 ins 2017 No. 42 s 53\n(sec.107-ssec.1) A party to a residential park dispute (the first party ) may give the other party to the dispute a notice (a dispute negotiation notice )— stating the matters in dispute; and nominating a time on a stated day (the nominated time ) at least 14 days but no more than 28 days after the notice is given for the parties to meet at a stated place (the nominated place ) to negotiate a resolution of the dispute.\n(sec.107-ssec.2) If the first party gives a dispute negotiation notice, the other party must, within 7 days after receiving the notice, give the first party a written response agreeing to meet the first party— at the nominated time or on another day at another time within 7 days of the nominated time; and at the nominated place or another place as agreed.\n(sec.107-ssec.3) The parties must meet and try to resolve the dispute by negotiation— at the nominated time, or on another day at another time agreed by the parties that is within 7 days after the nominated day and time; and at the nominated place or another place agreed by the parties.\n(sec.107-ssec.4) If the parties meet under subsection (3) , the parties may agree to meet at other times to try to resolve the dispute by negotiation.\n- (a) stating the matters in dispute; and\n- (b) nominating a time on a stated day (the nominated time ) at least 14 days but no more than 28 days after the notice is given for the parties to meet at a stated place (the nominated place ) to negotiate a resolution of the dispute.\n- (a) at the nominated time or on another day at another time within 7 days of the nominated time; and\n- (b) at the nominated place or another place as agreed.\n- (a) at the nominated time, or on another day at another time agreed by the parties that is within 7 days after the nominated day and time; and\n- (b) at the nominated place or another place agreed by the parties.","sortOrder":280},{"sectionNumber":"sec.108","sectionType":"section","heading":"Referral of residential park dispute for mediation","content":"### sec.108 Referral of residential park dispute for mediation\n\nA party to a residential park dispute may apply to the registrar to refer the dispute for mediation under this subdivision.\nHowever, a party to a residential park dispute (other than a dispute mentioned in section 14A (1) (a) ) may apply under subsection (1) to have the dispute referred for mediation only if—\nthe party has attempted to resolve the dispute by negotiation under section 107 ; and\nthe dispute has not been resolved.\nWithin 14 days after receiving an application under subsection (1) , the registrar must—\nappoint a mediator to mediate the residential park dispute; and\ngive written notice to the parties to the dispute of—\nthe mediator who is to mediate the dispute; and\nthe time, date and place of the conference ( mediation conference ) to be conducted by the mediator.\nThe notice must be given at least 7 days before the mediation conference.\ns 108 prev s 108 om 2014 No. 8 s 134\npres s 108 ins 2017 No. 42 s 53\n(sec.108-ssec.1) A party to a residential park dispute may apply to the registrar to refer the dispute for mediation under this subdivision.\n(sec.108-ssec.2) However, a party to a residential park dispute (other than a dispute mentioned in section 14A (1) (a) ) may apply under subsection (1) to have the dispute referred for mediation only if— the party has attempted to resolve the dispute by negotiation under section 107 ; and the dispute has not been resolved.\n(sec.108-ssec.3) Within 14 days after receiving an application under subsection (1) , the registrar must— appoint a mediator to mediate the residential park dispute; and give written notice to the parties to the dispute of— the mediator who is to mediate the dispute; and the time, date and place of the conference ( mediation conference ) to be conducted by the mediator.\n(sec.108-ssec.4) The notice must be given at least 7 days before the mediation conference.\n- (a) the party has attempted to resolve the dispute by negotiation under section 107 ; and\n- (b) the dispute has not been resolved.\n- (a) appoint a mediator to mediate the residential park dispute; and\n- (b) give written notice to the parties to the dispute of— (i) the mediator who is to mediate the dispute; and (ii) the time, date and place of the conference ( mediation conference ) to be conducted by the mediator.\n- (i) the mediator who is to mediate the dispute; and\n- (ii) the time, date and place of the conference ( mediation conference ) to be conducted by the mediator.\n- (i) the mediator who is to mediate the dispute; and\n- (ii) the time, date and place of the conference ( mediation conference ) to be conducted by the mediator.","sortOrder":281},{"sectionNumber":"sec.109","sectionType":"section","heading":"Right of representation","content":"### sec.109 Right of representation\n\nAt a mediation conference, a party to the residential park dispute may be represented by a lawyer or an agent unless the mediator is satisfied the party should not be represented.\ns 109 prev s 109 om 2014 No. 8 s 134\npres s 109 ins 2017 No. 42 s 53","sortOrder":282},{"sectionNumber":"sec.110","sectionType":"section","heading":"Conference to be held in private","content":"### sec.110 Conference to be held in private\n\nA mediation conference is not open to the public.\ns 110 prev s 110 om 2014 No. 8 s 134\npres s 110 ins 2017 No. 42 s 53","sortOrder":283},{"sectionNumber":"sec.111","sectionType":"section","heading":"Parties to mediation conference","content":"### sec.111 Parties to mediation conference\n\nA mediator may allow a person who is not a party to the residential park dispute to take part in a mediation conference if the mediator is satisfied the person has a sufficient interest in the resolution of the dispute.\nHowever, the person does not become a party to the dispute.\ns 111 prev s 111 om 2014 No. 8 s 134\npres s 111 ins 2017 No. 42 s 53\n(sec.111-ssec.1) A mediator may allow a person who is not a party to the residential park dispute to take part in a mediation conference if the mediator is satisfied the person has a sufficient interest in the resolution of the dispute.\n(sec.111-ssec.2) However, the person does not become a party to the dispute.","sortOrder":284},{"sectionNumber":"sec.112","sectionType":"section","heading":"Mediation agreements","content":"### sec.112 Mediation agreements\n\nThis section applies if the parties to a residential park dispute reach a mediated agreement on the dispute.\nThe mediator must record the agreement (the mediation agreement ) in writing and have it signed by or for the parties.\ns 112 prev s 112 om 2014 No. 8 s 134\npres s 112 ins 2017 No. 42 s 53\n(sec.112-ssec.1) This section applies if the parties to a residential park dispute reach a mediated agreement on the dispute.\n(sec.112-ssec.2) The mediator must record the agreement (the mediation agreement ) in writing and have it signed by or for the parties.","sortOrder":285},{"sectionNumber":"sec.113","sectionType":"section","heading":"No official record of mediation conference","content":"### sec.113 No official record of mediation conference\n\nA person must not make a record of anything said at a mediation conference.\nMaximum penalty—40 penalty units.\nHowever, the mediator does not contravene subsection (1) if the mediator—\nmakes notes during the mediation conference the mediator considers appropriate and destroys them at the end of the mediation; or\nrecords an agreement under section 112 (2) .\ns 113 prev s 113 om 2014 No. 8 s 134\npres s 113 ins 2017 No. 42 s 53\n(sec.113-ssec.1) A person must not make a record of anything said at a mediation conference. Maximum penalty—40 penalty units.\n(sec.113-ssec.2) However, the mediator does not contravene subsection (1) if the mediator— makes notes during the mediation conference the mediator considers appropriate and destroys them at the end of the mediation; or records an agreement under section 112 (2) .\n- (a) makes notes during the mediation conference the mediator considers appropriate and destroys them at the end of the mediation; or\n- (b) records an agreement under section 112 (2) .","sortOrder":286},{"sectionNumber":"sec.114","sectionType":"section","heading":"Notifying outcome of mediation","content":"### sec.114 Notifying outcome of mediation\n\nAs soon as practicable after the mediation ends, the mediator must give the registrar and the parties to the residential park dispute—\nif the parties have reached a mediated agreement on the dispute—a copy of the signed mediation agreement; or\notherwise—a written certificate about the outcome of the mediation.\nA certificate mentioned in subsection (1) (b) —\nmust not state anything about the extent to which a party participated or refused to participate in the mediation; but\nmay state that a party did not attend the mediation conference.\ns 114 prev s 114 om 2014 No. 8 s 134\npres s 114 ins 2017 No. 42 s 53\n(sec.114-ssec.1) As soon as practicable after the mediation ends, the mediator must give the registrar and the parties to the residential park dispute— if the parties have reached a mediated agreement on the dispute—a copy of the signed mediation agreement; or otherwise—a written certificate about the outcome of the mediation.\n(sec.114-ssec.2) A certificate mentioned in subsection (1) (b) — must not state anything about the extent to which a party participated or refused to participate in the mediation; but may state that a party did not attend the mediation conference.\n- (a) if the parties have reached a mediated agreement on the dispute—a copy of the signed mediation agreement; or\n- (b) otherwise—a written certificate about the outcome of the mediation.\n- (a) must not state anything about the extent to which a party participated or refused to participate in the mediation; but\n- (b) may state that a party did not attend the mediation conference.","sortOrder":287},{"sectionNumber":"pt.17-div.2","sectionType":"division","heading":"Applications to tribunal","content":"## Applications to tribunal","sortOrder":288},{"sectionNumber":"sec.115","sectionType":"section","heading":"Application for order to resolve residential park dispute","content":"### sec.115 Application for order to resolve residential park dispute\n\nA party to a residential park dispute may, subject to section 116 , apply to the tribunal for an order to resolve the dispute.\ns 115 prev s 115 om 2014 No. 8 s 134\npres s 115 ins 2017 No. 42 s 53","sortOrder":289},{"sectionNumber":"sec.116","sectionType":"section","heading":"Requirements for application","content":"### sec.116 Requirements for application\n\nThis section applies if a party to a residential park dispute may apply to the tribunal under this Act for an order in relation to the dispute.\nHowever, this section does not apply in relation to an application to the tribunal authorised under an exempt provision.\nA party to a residential park dispute (other than a dispute mentioned in section 14A (1) (b) ) may apply to the tribunal only if—\nthe dispute has been referred for mediation under section 108 ; and\n1 of the following applies—\nthe parties to the dispute can not reach a mediation agreement;\na party to the dispute does not attend, or withdraws from, the mediation conference for the dispute;\nthe dispute is not settled within 4 months after the dispute is referred for mediation;\nthe parties reach a mediation agreement and the party making the application claims the other party has not complied with the agreement—\nwithin the time stated in the agreement; or\nif no time is stated, within 2 months after the agreement is signed.\nA party to a residential park dispute mentioned in section 14A (1) (b) may apply to the tribunal only if—\nthe party has attempted to resolve the dispute by negotiation under section 107 ; and\nthe dispute has not been resolved.\nIn this section—\nexempt provision means section 38 (1) , 39 (1) , 40B (2) , 52 (3) , 53 (5) , 55 (2) , 62Z , 62ZB , 62ZC , 62ZD or 94 (4) .\ns 116 prev s 116 om 2014 No. 8 s 134\npres s 116 ins 2017 No. 42 s 53\namd 2024 No. 28 s 22\n(sec.116-ssec.1) This section applies if a party to a residential park dispute may apply to the tribunal under this Act for an order in relation to the dispute.\n(sec.116-ssec.2) However, this section does not apply in relation to an application to the tribunal authorised under an exempt provision.\n(sec.116-ssec.3) A party to a residential park dispute (other than a dispute mentioned in section 14A (1) (b) ) may apply to the tribunal only if— the dispute has been referred for mediation under section 108 ; and 1 of the following applies— the parties to the dispute can not reach a mediation agreement; a party to the dispute does not attend, or withdraws from, the mediation conference for the dispute; the dispute is not settled within 4 months after the dispute is referred for mediation; the parties reach a mediation agreement and the party making the application claims the other party has not complied with the agreement— within the time stated in the agreement; or if no time is stated, within 2 months after the agreement is signed.\n(sec.116-ssec.4) A party to a residential park dispute mentioned in section 14A (1) (b) may apply to the tribunal only if— the party has attempted to resolve the dispute by negotiation under section 107 ; and the dispute has not been resolved.\n(sec.116-ssec.5) In this section— exempt provision means section 38 (1) , 39 (1) , 40B (2) , 52 (3) , 53 (5) , 55 (2) , 62Z , 62ZB , 62ZC , 62ZD or 94 (4) .\n- (a) the dispute has been referred for mediation under section 108 ; and\n- (b) 1 of the following applies— (i) the parties to the dispute can not reach a mediation agreement; (ii) a party to the dispute does not attend, or withdraws from, the mediation conference for the dispute; (iii) the dispute is not settled within 4 months after the dispute is referred for mediation; (iv) the parties reach a mediation agreement and the party making the application claims the other party has not complied with the agreement— (A) within the time stated in the agreement; or (B) if no time is stated, within 2 months after the agreement is signed.\n- (i) the parties to the dispute can not reach a mediation agreement;\n- (ii) a party to the dispute does not attend, or withdraws from, the mediation conference for the dispute;\n- (iii) the dispute is not settled within 4 months after the dispute is referred for mediation;\n- (iv) the parties reach a mediation agreement and the party making the application claims the other party has not complied with the agreement— (A) within the time stated in the agreement; or (B) if no time is stated, within 2 months after the agreement is signed.\n- (A) within the time stated in the agreement; or\n- (B) if no time is stated, within 2 months after the agreement is signed.\n- (i) the parties to the dispute can not reach a mediation agreement;\n- (ii) a party to the dispute does not attend, or withdraws from, the mediation conference for the dispute;\n- (iii) the dispute is not settled within 4 months after the dispute is referred for mediation;\n- (iv) the parties reach a mediation agreement and the party making the application claims the other party has not complied with the agreement— (A) within the time stated in the agreement; or (B) if no time is stated, within 2 months after the agreement is signed.\n- (A) within the time stated in the agreement; or\n- (B) if no time is stated, within 2 months after the agreement is signed.\n- (A) within the time stated in the agreement; or\n- (B) if no time is stated, within 2 months after the agreement is signed.\n- (a) the party has attempted to resolve the dispute by negotiation under section 107 ; and\n- (b) the dispute has not been resolved.","sortOrder":290},{"sectionNumber":"sec.117","sectionType":"section","heading":"Orders of tribunal","content":"### sec.117 Orders of tribunal\n\nIf a party to a residential park dispute applies to the tribunal for an order in relation to the dispute, the tribunal may make the following orders—\nan order the tribunal is authorised to make in relation to the application under another provision of this Act;\nany other order the tribunal considers appropriate to resolve the dispute.\ns 117 prev s 117 om 2014 No. 8 s 134\npres s 117 ins 2017 No. 42 s 53\n- (a) an order the tribunal is authorised to make in relation to the application under another provision of this Act;\n- (b) any other order the tribunal considers appropriate to resolve the dispute.","sortOrder":291},{"sectionNumber":"pt.17A","sectionType":"part","heading":"Review of decisions","content":"# Review of decisions","sortOrder":292},{"sectionNumber":"pt.17A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":293},{"sectionNumber":"sec.118","sectionType":"section","heading":"Definitions for part","content":"### sec.118 Definitions for part\n\nIn this part—\naffected person , in relation to a decision, means—\nif the decision is an original decision—a person who must be given, or is entitled to be given, an information notice for the decision; or\nif the decision is an internal review decision—the person who applied for the internal review.\ninformation notice , for an original decision, means a notice stating the following information—\nthe decision;\nthe reasons for the decision;\nSee the Acts Interpretation Act 1954 , section 27B for matters that must be included with the reasons.\nthat the person to whom the notice is given may ask for a review of the decision under this Act;\nhow, and the period within which, the review may be started.\ninternal review , of an original decision, see section 120 (1) .\ninternal review decision means a decision made, or taken to have been made, under section 122 on an application for internal review of an original decision.\noriginal decision means a decision for which an information notice must be given, or a decision for which a person is entitled to be given an information notice, under this Act.\nQCAT information notice , for an internal review decision, means a notice complying with the QCAT Act , section 157 (2) .\ns 118 prev s 118 om 2014 No. 8 s 134\npres s 118 ins 2024 No. 28 s 47\n- (a) if the decision is an original decision—a person who must be given, or is entitled to be given, an information notice for the decision; or\n- (b) if the decision is an internal review decision—the person who applied for the internal review.\n- (a) the decision;\n- (b) the reasons for the decision; Note— See the Acts Interpretation Act 1954 , section 27B for matters that must be included with the reasons.\n- (c) that the person to whom the notice is given may ask for a review of the decision under this Act;\n- (d) how, and the period within which, the review may be started.","sortOrder":294},{"sectionNumber":"pt.17A-div.2","sectionType":"division","heading":"Internal review","content":"## Internal review","sortOrder":295},{"sectionNumber":"sec.119","sectionType":"section","heading":"Review process must start with internal review","content":"### sec.119 Review process must start with internal review\n\nAn affected person for an original decision may apply to the tribunal for a review of the decision only if a decision on an application for internal review of the decision has been made, or taken to have been made, under this division.\ns 119 prev s 119 om 2014 No. 8 s 134\npres s 119 ins 2024 No. 28 s 47","sortOrder":296},{"sectionNumber":"sec.120","sectionType":"section","heading":"Who may apply for internal review","content":"### sec.120 Who may apply for internal review\n\nAn affected person for an original decision may apply to the chief executive for a review of the decision under this division (an internal review ).\nIf the affected person has not been given an information notice for the original decision, the affected person may ask the chief executive for an information notice for the decision.\nA failure by the chief executive to give the affected person an information notice for the original decision does not limit or otherwise affect the person’s right to apply for an internal review of the decision.\ns 120 prev s 120 om 2014 No. 8 s 134\npres s 120 ins 2024 No. 28 s 47\n(sec.120-ssec.1) An affected person for an original decision may apply to the chief executive for a review of the decision under this division (an internal review ).\n(sec.120-ssec.2) If the affected person has not been given an information notice for the original decision, the affected person may ask the chief executive for an information notice for the decision.\n(sec.120-ssec.3) A failure by the chief executive to give the affected person an information notice for the original decision does not limit or otherwise affect the person’s right to apply for an internal review of the decision.","sortOrder":297},{"sectionNumber":"sec.121","sectionType":"section","heading":"Requirements for application","content":"### sec.121 Requirements for application\n\nAn application for internal review of an original decision must—\nbe written; and\nfor a person who has been given an information notice for the decision—include enough information to enable the chief executive to decide the application; and\nbe made to the chief executive within—\nfor a person who has been given an information notice for the decision—28 days after the day the person is given the notice; or\nfor a person who has not been given an information notice for the decision—28 days after the day the person becomes aware of the decision.\nThe chief executive may, at any time, extend the period within which the application may be made.\nThe application does not affect the operation of the original decision or prevent the decision being implemented.\ns 121 prev s 121 om 2014 No. 8 s 134\npres s 121 ins 2024 No. 28 s 47\n(sec.121-ssec.1) An application for internal review of an original decision must— be written; and for a person who has been given an information notice for the decision—include enough information to enable the chief executive to decide the application; and be made to the chief executive within— for a person who has been given an information notice for the decision—28 days after the day the person is given the notice; or for a person who has not been given an information notice for the decision—28 days after the day the person becomes aware of the decision.\n(sec.121-ssec.2) The chief executive may, at any time, extend the period within which the application may be made.\n(sec.121-ssec.3) The application does not affect the operation of the original decision or prevent the decision being implemented.\n- (a) be written; and\n- (b) for a person who has been given an information notice for the decision—include enough information to enable the chief executive to decide the application; and\n- (c) be made to the chief executive within— (i) for a person who has been given an information notice for the decision—28 days after the day the person is given the notice; or (ii) for a person who has not been given an information notice for the decision—28 days after the day the person becomes aware of the decision.\n- (i) for a person who has been given an information notice for the decision—28 days after the day the person is given the notice; or\n- (ii) for a person who has not been given an information notice for the decision—28 days after the day the person becomes aware of the decision.\n- (i) for a person who has been given an information notice for the decision—28 days after the day the person is given the notice; or\n- (ii) for a person who has not been given an information notice for the decision—28 days after the day the person becomes aware of the decision.","sortOrder":298},{"sectionNumber":"sec.122","sectionType":"section","heading":"Internal review","content":"### sec.122 Internal review\n\nThe chief executive must, within 20 days after receiving an application for internal review of an original decision—\nreview the original decision; and\ndecide to—\nconfirm the original decision; or\namend the original decision; or\nsubstitute another decision for the original decision; and\ngive the affected person for the original decision a QCAT information notice for the chief executive’s decision under paragraph (b) .\nThe chief executive and the affected person may, before the period stated in subsection (1) ends, agree to a longer period for the chief executive to comply with the subsection.\nThe application may be dealt with only by a person who—\ndid not make the original decision; and\nholds a more senior office than the person who made the original decision.\nSubsection (3) does not apply to an original decision made by the chief executive personally.\nIf the chief executive does not give the affected person a QCAT information notice within the period required under subsection (1) or a longer period agreed under subsection (2) , the chief executive is taken to confirm the original decision.\ns 122 prev s 122 om 2014 No. 8 s 134\npres s 122 ins 2024 No. 28 s 47\n(sec.122-ssec.1) The chief executive must, within 20 days after receiving an application for internal review of an original decision— review the original decision; and decide to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision; and give the affected person for the original decision a QCAT information notice for the chief executive’s decision under paragraph (b) .\n(sec.122-ssec.2) The chief executive and the affected person may, before the period stated in subsection (1) ends, agree to a longer period for the chief executive to comply with the subsection.\n(sec.122-ssec.3) The application may be dealt with only by a person who— did not make the original decision; and holds a more senior office than the person who made the original decision.\n(sec.122-ssec.4) Subsection (3) does not apply to an original decision made by the chief executive personally.\n(sec.122-ssec.5) If the chief executive does not give the affected person a QCAT information notice within the period required under subsection (1) or a longer period agreed under subsection (2) , the chief executive is taken to confirm the original decision.\n- (a) review the original decision; and\n- (b) decide to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute another decision for the original decision; and\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision; and\n- (c) give the affected person for the original decision a QCAT information notice for the chief executive’s decision under paragraph (b) .\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision; and\n- (a) did not make the original decision; and\n- (b) holds a more senior office than the person who made the original decision.","sortOrder":299},{"sectionNumber":"pt.17A-div.3","sectionType":"division","heading":"External review","content":"## External review","sortOrder":300},{"sectionNumber":"sec.123","sectionType":"section","heading":"Applying for external review","content":"### sec.123 Applying for external review\n\nThis section applies to a person who must be given a QCAT information notice for an internal review decision.\nThe person may apply to the tribunal, as provided under the QCAT Act , for a review of the internal review decision.\nThe QCAT Act , section 22 (3) enables the tribunal to stay the operation of the internal review decision, either on application by a person or on its own initiative.\ns 123 prev s 123 om 2014 No. 8 s 134\npres s 123 ins 2024 No. 28 s 47\n(sec.123-ssec.1) This section applies to a person who must be given a QCAT information notice for an internal review decision.\n(sec.123-ssec.2) The person may apply to the tribunal, as provided under the QCAT Act , for a review of the internal review decision. The QCAT Act , section 22 (3) enables the tribunal to stay the operation of the internal review decision, either on application by a person or on its own initiative.","sortOrder":301},{"sectionNumber":"sec.124","sectionType":"section","heading":null,"content":"### Section sec.124\n\ns 124 om 2014 No. 8 s 134","sortOrder":302},{"sectionNumber":"sec.125","sectionType":"section","heading":null,"content":"### Section sec.125\n\ns 125 om 2014 No. 8 s 134","sortOrder":303},{"sectionNumber":"sec.126","sectionType":"section","heading":null,"content":"### Section sec.126\n\ns 126 om 2014 No. 8 s 134","sortOrder":304},{"sectionNumber":"sec.127","sectionType":"section","heading":null,"content":"### Section sec.127\n\ns 127 om 2014 No. 8 s 134","sortOrder":305},{"sectionNumber":"sec.128","sectionType":"section","heading":null,"content":"### Section sec.128\n\ns 128 om 2014 No. 8 s 134","sortOrder":306},{"sectionNumber":"pt.18","sectionType":"part","heading":"Undertakings","content":"# Undertakings","sortOrder":307},{"sectionNumber":"sec.129","sectionType":"section","heading":"Chief executive may seek undertaking after contravention","content":"### sec.129 Chief executive may seek undertaking after contravention\n\nIf the chief executive reasonably believes a person has contravened or been involved in a contravention of this Act, the chief executive may, by notice given to the person—\nstate the act or omission the chief executive believes is the contravention; and\nask the person to give the chief executive a written undertaking that the person will not continue or repeat the act or omission.\nIf—\nthe person gives the undertaking and, if the contravention is conduct consisting of a series of acts or omissions, the person stops the conduct; and\nthe chief executive accepts the undertaking;\nthe chief executive can not start an offence proceeding against the person for the contravention, unless the chief executive withdraws the undertaking under section 130 .\n(sec.129-ssec.1) If the chief executive reasonably believes a person has contravened or been involved in a contravention of this Act, the chief executive may, by notice given to the person— state the act or omission the chief executive believes is the contravention; and ask the person to give the chief executive a written undertaking that the person will not continue or repeat the act or omission.\n(sec.129-ssec.2) If— the person gives the undertaking and, if the contravention is conduct consisting of a series of acts or omissions, the person stops the conduct; and the chief executive accepts the undertaking; the chief executive can not start an offence proceeding against the person for the contravention, unless the chief executive withdraws the undertaking under section 130 .\n- (a) state the act or omission the chief executive believes is the contravention; and\n- (b) ask the person to give the chief executive a written undertaking that the person will not continue or repeat the act or omission.\n- (a) the person gives the undertaking and, if the contravention is conduct consisting of a series of acts or omissions, the person stops the conduct; and\n- (b) the chief executive accepts the undertaking;","sortOrder":308},{"sectionNumber":"sec.130","sectionType":"section","heading":"Variation and withdrawal of undertakings","content":"### sec.130 Variation and withdrawal of undertakings\n\nIf the chief executive accepts the undertaking, it may be varied or withdrawn at any time by—\nthe person who gave it, but only if the chief executive agrees to the variation or withdrawal; or\nthe chief executive, if the chief executive reasonably believes—\nthat, before it was accepted, the person who gave it contravened this Act in a way unknown to the chief executive; and\nhad the chief executive known about the contravention, the chief executive would not have accepted the undertaking or would not have accepted it unless its terms were changed.\nThe chief executive may also withdraw the undertaking if the chief executive reasonably believes it is no longer necessary.\nIf the chief executive varies or withdraws, or agrees to the variation or withdrawal of, the undertaking, the chief executive must give the person who gave the undertaking notice of its variation or withdrawal.\nThe variation or withdrawal takes effect when the notice is received by the person.\n(sec.130-ssec.1) If the chief executive accepts the undertaking, it may be varied or withdrawn at any time by— the person who gave it, but only if the chief executive agrees to the variation or withdrawal; or the chief executive, if the chief executive reasonably believes— that, before it was accepted, the person who gave it contravened this Act in a way unknown to the chief executive; and had the chief executive known about the contravention, the chief executive would not have accepted the undertaking or would not have accepted it unless its terms were changed.\n(sec.130-ssec.2) The chief executive may also withdraw the undertaking if the chief executive reasonably believes it is no longer necessary.\n(sec.130-ssec.3) If the chief executive varies or withdraws, or agrees to the variation or withdrawal of, the undertaking, the chief executive must give the person who gave the undertaking notice of its variation or withdrawal.\n(sec.130-ssec.4) The variation or withdrawal takes effect when the notice is received by the person.\n- (a) the person who gave it, but only if the chief executive agrees to the variation or withdrawal; or\n- (b) the chief executive, if the chief executive reasonably believes— (i) that, before it was accepted, the person who gave it contravened this Act in a way unknown to the chief executive; and (ii) had the chief executive known about the contravention, the chief executive would not have accepted the undertaking or would not have accepted it unless its terms were changed.\n- (i) that, before it was accepted, the person who gave it contravened this Act in a way unknown to the chief executive; and\n- (ii) had the chief executive known about the contravention, the chief executive would not have accepted the undertaking or would not have accepted it unless its terms were changed.\n- (i) that, before it was accepted, the person who gave it contravened this Act in a way unknown to the chief executive; and\n- (ii) had the chief executive known about the contravention, the chief executive would not have accepted the undertaking or would not have accepted it unless its terms were changed.","sortOrder":309},{"sectionNumber":"sec.131","sectionType":"section","heading":"Enforcement of undertakings","content":"### sec.131 Enforcement of undertakings\n\nIf the chief executive reasonably believes a person has contravened a term of an undertaking, the chief executive may apply to the District Court for an order under this section.\nIf the court is satisfied the person has contravened the term, the court may make 1 or more of the following orders—\nan order directing the person to comply with the term;\nan order directing the person to pay to the State an amount that is not more than the direct or indirect financial benefit obtained by the person from, and reasonably attributable to, the contravention;\nan order directing the person to pay compensation to someone else who has suffered loss or damage because of the contravention;\nan order directing the person to give a security bond to the State for a stated period;\nanother order the court considers appropriate.\nThe District Court may order the forfeiture to the State of all or part of a security bond given by a person under subsection (2) (d) if—\nthe chief executive applies to the court for the order; and\nthe court is satisfied the person contravened the undertaking during the period for which the bond was given.\n(sec.131-ssec.1) If the chief executive reasonably believes a person has contravened a term of an undertaking, the chief executive may apply to the District Court for an order under this section.\n(sec.131-ssec.2) If the court is satisfied the person has contravened the term, the court may make 1 or more of the following orders— an order directing the person to comply with the term; an order directing the person to pay to the State an amount that is not more than the direct or indirect financial benefit obtained by the person from, and reasonably attributable to, the contravention; an order directing the person to pay compensation to someone else who has suffered loss or damage because of the contravention; an order directing the person to give a security bond to the State for a stated period; another order the court considers appropriate.\n(sec.131-ssec.3) The District Court may order the forfeiture to the State of all or part of a security bond given by a person under subsection (2) (d) if— the chief executive applies to the court for the order; and the court is satisfied the person contravened the undertaking during the period for which the bond was given.\n- (a) an order directing the person to comply with the term;\n- (b) an order directing the person to pay to the State an amount that is not more than the direct or indirect financial benefit obtained by the person from, and reasonably attributable to, the contravention;\n- (c) an order directing the person to pay compensation to someone else who has suffered loss or damage because of the contravention;\n- (d) an order directing the person to give a security bond to the State for a stated period;\n- (e) another order the court considers appropriate.\n- (a) the chief executive applies to the court for the order; and\n- (b) the court is satisfied the person contravened the undertaking during the period for which the bond was given.","sortOrder":310},{"sectionNumber":"sec.132","sectionType":"section","heading":"Register of undertakings","content":"### sec.132 Register of undertakings\n\nThe chief executive must keep a register of each undertaking given to the chief executive by a person under this part.\nThe register must contain a copy of the undertaking.\nA person may, on payment of any fee that may be prescribed under a regulation, inspect, or get a copy of details in, the register—\nat a place or places decided by the chief executive; or\nby using a computer.\nA person may pay the fee, in advance or in arrears, under an arrangement approved by the chief executive.\nThe register may be kept in any way the chief executive considers appropriate.\ns 132 amd 2005 No. 14 s 2 sch\n(sec.132-ssec.1) The chief executive must keep a register of each undertaking given to the chief executive by a person under this part.\n(sec.132-ssec.2) The register must contain a copy of the undertaking.\n(sec.132-ssec.3) A person may, on payment of any fee that may be prescribed under a regulation, inspect, or get a copy of details in, the register— at a place or places decided by the chief executive; or by using a computer.\n(sec.132-ssec.4) A person may pay the fee, in advance or in arrears, under an arrangement approved by the chief executive.\n(sec.132-ssec.5) The register may be kept in any way the chief executive considers appropriate.\n- (a) at a place or places decided by the chief executive; or\n- (b) by using a computer.","sortOrder":311},{"sectionNumber":"pt.19","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":312},{"sectionNumber":"pt.19-div.1","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":313},{"sectionNumber":"sec.133","sectionType":"section","heading":"Application of div 1","content":"### sec.133 Application of div 1\n\nThis division applies to a proceeding under this Act.","sortOrder":314},{"sectionNumber":"sec.134","sectionType":"section","heading":"Appointments and authority","content":"### sec.134 Appointments and authority\n\nIt is not necessary to prove—\nthe chief executive’s appointment; or\nthe authority of the chief executive to do anything under this Act.\nSubsection (1) does not apply if reasonable notice is given to the party relying on the appointment or authority that the appointment or authority is to be challenged.\ns 134 amd 2009 No. 24 s 659 ; 2014 No. 8 s 135\n(sec.134-ssec.1) It is not necessary to prove— the chief executive’s appointment; or the authority of the chief executive to do anything under this Act.\n(sec.134-ssec.2) Subsection (1) does not apply if reasonable notice is given to the party relying on the appointment or authority that the appointment or authority is to be challenged.\n- (a) the chief executive’s appointment; or\n- (b) the authority of the chief executive to do anything under this Act.","sortOrder":315},{"sectionNumber":"sec.135","sectionType":"section","heading":"Evidentiary aids","content":"### sec.135 Evidentiary aids\n\nA certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter—\non a stated day, a stated person was given a stated notice under this Act;\na stated fee or other amount is payable by a stated person to someone else and has not been paid;\na matter within the control or knowledge of the chief executive and relevant to the proceeding.\nA certificate signed by the chief executive and stating that a stated document is a copy of a financial or other record, contract or document is evidence of the matter.\ns 135 amd 2009 No. 24 s 660\n(sec.135-ssec.1) A certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter— on a stated day, a stated person was given a stated notice under this Act; a stated fee or other amount is payable by a stated person to someone else and has not been paid; a matter within the control or knowledge of the chief executive and relevant to the proceeding.\n(sec.135-ssec.2) A certificate signed by the chief executive and stating that a stated document is a copy of a financial or other record, contract or document is evidence of the matter.\n- (a) on a stated day, a stated person was given a stated notice under this Act;\n- (b) a stated fee or other amount is payable by a stated person to someone else and has not been paid;\n- (c) a matter within the control or knowledge of the chief executive and relevant to the proceeding.","sortOrder":316},{"sectionNumber":"pt.19-div.2","sectionType":"division","heading":"Proceedings","content":"## Proceedings","sortOrder":317},{"sectionNumber":"sec.136","sectionType":"section","heading":"Summary proceedings for offences","content":"### sec.136 Summary proceedings for offences\n\nA proceeding for an offence against this Act is to be taken in a summary way under the Justices Act 1886 .\nThe proceeding must start—\nwithin 1 year after the offence is committed; or\nwithin 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\n(sec.136-ssec.1) A proceeding for an offence against this Act is to be taken in a summary way under the Justices Act 1886 .\n(sec.136-ssec.2) The proceeding must start— within 1 year after the offence is committed; or within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\n- (a) within 1 year after the offence is committed; or\n- (b) within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.","sortOrder":318},{"sectionNumber":"sec.137","sectionType":"section","heading":"Allegations of false or misleading information or documents","content":"### sec.137 Allegations of false or misleading information or documents\n\nIn any proceeding for an offence against this Act defined as involving false or misleading information, or a false or misleading document, it is enough for a charge to state that the information or document was, without specifying which, ‘false or misleading’.","sortOrder":319},{"sectionNumber":"sec.138","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.138 Responsibility for acts or omissions of representatives\n\nSubsections (2) and (3) apply in a proceeding for an offence against this Act.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\nIn this section—\nrepresentative means—\nof a corporation—an executive officer, employee or agent of the corporation; or\nof an individual—an employee or agent of the individual.\nstate of mind , of a person, includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\n(sec.138-ssec.1) Subsections (2) and (3) apply in a proceeding for an offence against this Act.\n(sec.138-ssec.2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.138-ssec.3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n(sec.138-ssec.4) In this section— representative means— of a corporation—an executive officer, employee or agent of the corporation; or of an individual—an employee or agent of the individual. state of mind , of a person, includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) of a corporation—an executive officer, employee or agent of the corporation; or\n- (b) of an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":320},{"sectionNumber":"sec.139","sectionType":"section","heading":null,"content":"### Section sec.139\n\ns 139 om 2013 No. 51 s 106","sortOrder":321},{"sectionNumber":"pt.19A","sectionType":"part","heading":null,"content":"","sortOrder":322},{"sectionNumber":"sec.139A","sectionType":"section","heading":null,"content":"### Section sec.139A\n\ns 139A ins 2010 No. 46 s 31\nom 2024 No. 28 s 48","sortOrder":323},{"sectionNumber":"sec.139B","sectionType":"section","heading":null,"content":"### Section sec.139B\n\ns 139B ins 2010 No. 46 s 31\nom 2024 No. 28 s 48","sortOrder":324},{"sectionNumber":"sec.139C","sectionType":"section","heading":null,"content":"### Section sec.139C\n\ns 139C ins 2010 No. 46 s 31\nom 2024 No. 28 s 48","sortOrder":325},{"sectionNumber":"pt.20","sectionType":"part","heading":"General","content":"# General","sortOrder":326},{"sectionNumber":"sec.140","sectionType":"section","heading":null,"content":"### Section sec.140\n\ns 140 om 2017 No. 42 s 54","sortOrder":327},{"sectionNumber":"sec.141","sectionType":"section","heading":"Home owners may act jointly in relation to residential park dispute","content":"### sec.141 Home owners may act jointly in relation to residential park dispute\n\nThis section applies if a home owner who is a party to a residential park dispute (the individual dispute ) may do any of the following things in relation to the dispute—\ncarry out negotiations under section 107 ;\ntake part in mediation;\napply to the tribunal for an order.\nThe members of a group of home owners for the residential park may do the thing jointly in relation to a residential park dispute arising out of facts or circumstances that are the same as, or similar to, the facts or circumstances of the individual dispute.\ns 141 sub 2017 No. 42 s 55\n(sec.141-ssec.1) This section applies if a home owner who is a party to a residential park dispute (the individual dispute ) may do any of the following things in relation to the dispute— carry out negotiations under section 107 ; take part in mediation; apply to the tribunal for an order.\n(sec.141-ssec.2) The members of a group of home owners for the residential park may do the thing jointly in relation to a residential park dispute arising out of facts or circumstances that are the same as, or similar to, the facts or circumstances of the individual dispute.\n- (a) carry out negotiations under section 107 ;\n- (b) take part in mediation;\n- (c) apply to the tribunal for an order.","sortOrder":328},{"sectionNumber":"sec.142","sectionType":"section","heading":"Delegation","content":"### sec.142 Delegation\n\nThe chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified person.\nIn this section—\nappropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power.\na person’s classification level in the department\n(sec.142-ssec.1) The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified person.\n(sec.142-ssec.2) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power. a person’s classification level in the department","sortOrder":329},{"sectionNumber":"sec.143","sectionType":"section","heading":"Protection from liability","content":"### sec.143 Protection from liability\n\nThe chief executive does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents civil liability attaching to the chief executive, the liability attaches instead to the State.\ns 143 amd 2009 No. 24 s 661 ; 2014 No. 8 s 136\n(sec.143-ssec.1) The chief executive does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\n(sec.143-ssec.2) If subsection (1) prevents civil liability attaching to the chief executive, the liability attaches instead to the State.","sortOrder":330},{"sectionNumber":"sec.144","sectionType":"section","heading":"Approval of forms","content":"### sec.144 Approval of forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":331},{"sectionNumber":"sec.145","sectionType":"section","heading":"Review of operation of particular provisions of Act","content":"### sec.145 Review of operation of particular provisions of Act\n\nThe Minister must, within 3 years after the commencement of this section, start a review of the effect of the amendments made by the Manufactured Homes (Residential Parks) Amendment Act 2024 .\nThe object of the review is to consider—\nwhether the amendments made by the Manufactured Homes (Residential Parks) Amendment Act 2024 have achieved an appropriate balance between industry viability and consumer protection; and\nwhether any amendments of this Act are required to achieve an appropriate balance between industry viability and consumer protection.\ns 145 sub 2024 No. 28 s 23\n(sec.145-ssec.1) The Minister must, within 3 years after the commencement of this section, start a review of the effect of the amendments made by the Manufactured Homes (Residential Parks) Amendment Act 2024 .\n(sec.145-ssec.2) The object of the review is to consider— whether the amendments made by the Manufactured Homes (Residential Parks) Amendment Act 2024 have achieved an appropriate balance between industry viability and consumer protection; and whether any amendments of this Act are required to achieve an appropriate balance between industry viability and consumer protection.\n- (a) whether the amendments made by the Manufactured Homes (Residential Parks) Amendment Act 2024 have achieved an appropriate balance between industry viability and consumer protection; and\n- (b) whether any amendments of this Act are required to achieve an appropriate balance between industry viability and consumer protection.","sortOrder":332},{"sectionNumber":"sec.146","sectionType":"section","heading":"Regulation-making power","content":"### sec.146 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made about the following—\nfees for this Act;\nimposing a penalty of not more than 20 penalty units for a contravention of a regulation.\n(sec.146-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.146-ssec.2) A regulation may be made about the following— fees for this Act; imposing a penalty of not more than 20 penalty units for a contravention of a regulation.\n- (a) fees for this Act;\n- (b) imposing a penalty of not more than 20 penalty units for a contravention of a regulation.","sortOrder":333},{"sectionNumber":"sec.146A","sectionType":"section","heading":null,"content":"### Section sec.146A\n\ns 146A ins 2020 No. 16 s 45\namd 2020 No. 38 s 37 (1)\nexp 30 April 2022 (see s 146A(8))","sortOrder":334},{"sectionNumber":"pt.21","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":335},{"sectionNumber":"pt.21-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":336},{"sectionNumber":"sec.147","sectionType":"section","heading":"Repeal of Mobile Homes Act 1989","content":"### sec.147 Repeal of Mobile Homes Act 1989\n\nThe Mobile Homes Act 1989 No. 50 is repealed.","sortOrder":337},{"sectionNumber":"pt.21-div.2","sectionType":"division","heading":"Transitional provisions for Act No. 74 of 2003","content":"## Transitional provisions for Act No. 74 of 2003","sortOrder":338},{"sectionNumber":"sec.148","sectionType":"section","heading":"Definitions for div 2","content":"### sec.148 Definitions for div 2\n\nIn this division—\ncommencement means commencement of this section.\nrelevant agreement means a relevant agreement, under the repealed Act, in force immediately before the commencement.\nrepealed Act means the Mobile Homes Act 1989 .\nsmall claims tribunal means a small claims tribunal under the Small Claims Tribunals Act 1973 .","sortOrder":339},{"sectionNumber":"sec.149","sectionType":"section","heading":"Relevant agreement taken to be site agreement","content":"### sec.149 Relevant agreement taken to be site agreement\n\nA relevant agreement is taken to be a site agreement.","sortOrder":340},{"sectionNumber":"sec.150","sectionType":"section","heading":"Park owner to keep records","content":"### sec.150 Park owner to keep records\n\nEach owner under the repealed Act must keep copies of any relevant records in the owner’s possession or control immediately before the commencement until 1 year after a relevant agreement forming part of the relevant records is terminated.\nMaximum penalty—20 penalty units.\nIn this section—\nrelevant records means the following—\na relevant agreement;\na document relating to a variation in site rent payable under the agreement;\na document relating to an assignment of an occupier’s interest under the agreement;\ncopies of orders made by a small claims tribunal relating to the agreement.\n(sec.150-ssec.1) Each owner under the repealed Act must keep copies of any relevant records in the owner’s possession or control immediately before the commencement until 1 year after a relevant agreement forming part of the relevant records is terminated. Maximum penalty—20 penalty units.\n(sec.150-ssec.2) In this section— relevant records means the following— a relevant agreement; a document relating to a variation in site rent payable under the agreement; a document relating to an assignment of an occupier’s interest under the agreement; copies of orders made by a small claims tribunal relating to the agreement.\n- (a) a relevant agreement;\n- (b) a document relating to a variation in site rent payable under the agreement;\n- (c) a document relating to an assignment of an occupier’s interest under the agreement;\n- (d) copies of orders made by a small claims tribunal relating to the agreement.","sortOrder":341},{"sectionNumber":"sec.151","sectionType":"section","heading":"Relevant agreement that is not written","content":"### sec.151 Relevant agreement that is not written\n\nThis section applies to a relevant agreement that is not written.\nSubject to subsection (3), the parties to the agreement must as soon as practicable after the commencement—\nput the agreement into writing, as required under section 25; and\nsign the agreement.\nIf the parties fail to agree on the terms of the relevant agreement, either party may apply to the tribunal for an order about the matter within 3 months after the commencement.\nIn deciding the application, the tribunal may make any of the following orders—\nan order that the parties enter into a site agreement on the terms decided by the tribunal;\nanother order the tribunal considers appropriate.\nIf the parties do not comply with subsection (2), section 25 does not apply to the relevant agreement until the later of the following—\nthe day that is 3 months after the commencement;\nif an application is made to the tribunal, under subsection (3), about the agreement—the day that is 14 days after the tribunal decides the application.\n(sec.151-ssec.1) This section applies to a relevant agreement that is not written.\n(sec.151-ssec.2) Subject to subsection (3), the parties to the agreement must as soon as practicable after the commencement— put the agreement into writing, as required under section 25; and sign the agreement.\n(sec.151-ssec.3) If the parties fail to agree on the terms of the relevant agreement, either party may apply to the tribunal for an order about the matter within 3 months after the commencement.\n(sec.151-ssec.4) In deciding the application, the tribunal may make any of the following orders— an order that the parties enter into a site agreement on the terms decided by the tribunal; another order the tribunal considers appropriate.\n(sec.151-ssec.5) If the parties do not comply with subsection (2), section 25 does not apply to the relevant agreement until the later of the following— the day that is 3 months after the commencement; if an application is made to the tribunal, under subsection (3), about the agreement—the day that is 14 days after the tribunal decides the application.\n- (a) put the agreement into writing, as required under section 25; and\n- (b) sign the agreement.\n- (a) an order that the parties enter into a site agreement on the terms decided by the tribunal;\n- (b) another order the tribunal considers appropriate.\n- (a) the day that is 3 months after the commencement;\n- (b) if an application is made to the tribunal, under subsection (3), about the agreement—the day that is 14 days after the tribunal decides the application.","sortOrder":342},{"sectionNumber":"sec.152","sectionType":"section","heading":"References to repealed Act","content":"### sec.152 References to repealed Act\n\nIn an Act or document, a reference to the repealed Act may, if the context permits, be taken as a reference to this Act.","sortOrder":343},{"sectionNumber":"sec.153","sectionType":"section","heading":"Applications to small claims tribunal","content":"### sec.153 Applications to small claims tribunal\n\nIf—\na person has made an application to a small claims tribunal under the repealed Act before the commencement; and\nthe application has not been decided before the commencement;\nthe small claims tribunal may decide the application under the repealed Act as if this Act had not commenced.\nIf—\nimmediately before the commencement a person could have made an application to a small claims tribunal under the repealed Act; and\nthe person has not made the application before the commencement;\nthe person may make the application to a small claims tribunal, and the small claims tribunal may decide the application, under the repealed Act as if this Act had not commenced.\nFor giving effect to a decision under subsection (1) or (2), the small claims tribunal may make the orders the small claims tribunal considers necessary having regard to the provisions of this Act.\n(sec.153-ssec.1) If— a person has made an application to a small claims tribunal under the repealed Act before the commencement; and the application has not been decided before the commencement; the small claims tribunal may decide the application under the repealed Act as if this Act had not commenced.\n(sec.153-ssec.2) If— immediately before the commencement a person could have made an application to a small claims tribunal under the repealed Act; and the person has not made the application before the commencement; the person may make the application to a small claims tribunal, and the small claims tribunal may decide the application, under the repealed Act as if this Act had not commenced.\n(sec.153-ssec.3) For giving effect to a decision under subsection (1) or (2), the small claims tribunal may make the orders the small claims tribunal considers necessary having regard to the provisions of this Act.\n- (a) a person has made an application to a small claims tribunal under the repealed Act before the commencement; and\n- (b) the application has not been decided before the commencement;\n- (a) immediately before the commencement a person could have made an application to a small claims tribunal under the repealed Act; and\n- (b) the person has not made the application before the commencement;","sortOrder":344},{"sectionNumber":"sec.154","sectionType":"section","heading":"Claim for compensation","content":"### sec.154 Claim for compensation\n\nIf a claim for compensation made under section 12J of the repealed Act before the commencement has not been decided on the commencement, the court considering the claim may decide the claim, under section 12J of the repealed Act, as if this Act had not commenced.\nA person who could have made a claim for compensation under section 12J of the repealed Act as in force immediately before the commencement may make the claim after the commencement and a court to which the claim is made may decide the claim, under section 12J of the repealed Act, as if this Act had not commenced.\n(sec.154-ssec.1) If a claim for compensation made under section 12J of the repealed Act before the commencement has not been decided on the commencement, the court considering the claim may decide the claim, under section 12J of the repealed Act, as if this Act had not commenced.\n(sec.154-ssec.2) A person who could have made a claim for compensation under section 12J of the repealed Act as in force immediately before the commencement may make the claim after the commencement and a court to which the claim is made may decide the claim, under section 12J of the repealed Act, as if this Act had not commenced.","sortOrder":345},{"sectionNumber":"sec.155","sectionType":"section","heading":"Unfinalised application for review of refusal to consent to assignment of seller’s interest in site agreement","content":"### sec.155 Unfinalised application for review of refusal to consent to assignment of seller’s interest in site agreement\n\nThis section applies if an application under section 50 as in force immediately before the commencement of this section (the former application ) has not been finalised before the commencement of this section.\nThe application is taken to be an application for an order under section 50 (the new application ).\nThe former application and any pending proceeding under it is to be continued as if everything done under the former application had been done, with necessary changes, under the new application.\nEvidence given in the pending proceeding is evidence in the new proceeding.\ns 155 ins 2005 No. 14 s 2 sch\n(sec.155-ssec.1) This section applies if an application under section 50 as in force immediately before the commencement of this section (the former application ) has not been finalised before the commencement of this section.\n(sec.155-ssec.2) The application is taken to be an application for an order under section 50 (the new application ).\n(sec.155-ssec.3) The former application and any pending proceeding under it is to be continued as if everything done under the former application had been done, with necessary changes, under the new application. Evidence given in the pending proceeding is evidence in the new proceeding.","sortOrder":346},{"sectionNumber":"pt.21-div.3","sectionType":"division","heading":"Transitional provisions for Manufactured Homes (Residential Parks) Amendment Act 2010","content":"## Transitional provisions for Manufactured Homes (Residential Parks) Amendment Act 2010","sortOrder":347},{"sectionNumber":"sec.156","sectionType":"section","heading":"Definitions for div 3","content":"### sec.156 Definitions for div 3\n\nIn this division—\namending Act means the Manufactured Homes (Residential Parks) Amendment Act 2010 .\nassent means the start of the date of assent of the amending Act.\ncommencement means the commencement of the provision in which the word appears.\ns 156 ins 2010 No. 46 s 33","sortOrder":348},{"sectionNumber":"sec.157","sectionType":"section","heading":"Existing agreements involving converted caravans","content":"### sec.157 Existing agreements involving converted caravans\n\nThis section applies to an agreement, that would be a site agreement if it related to a manufactured home, between a park owner and a home owner providing for the positioning of a converted caravan on a site and—\nentered into under, or purportedly under, this Act; and\nin force immediately before assent.\nDespite the amended Act, other than this section, and subject to section 169, the agreement—\nis taken to be a site agreement; and\ncontinues, under this Act, according to its terms.\nIn this section—\namended Act means this Act as amended under the amending Act.\ns 157 ins 2010 No. 46 s 33\n(sec.157-ssec.1) This section applies to an agreement, that would be a site agreement if it related to a manufactured home, between a park owner and a home owner providing for the positioning of a converted caravan on a site and— entered into under, or purportedly under, this Act; and in force immediately before assent.\n(sec.157-ssec.2) Despite the amended Act, other than this section, and subject to section 169, the agreement— is taken to be a site agreement; and continues, under this Act, according to its terms.\n(sec.157-ssec.3) In this section— amended Act means this Act as amended under the amending Act.\n- (a) entered into under, or purportedly under, this Act; and\n- (b) in force immediately before assent.\n- (a) is taken to be a site agreement; and\n- (b) continues, under this Act, according to its terms.","sortOrder":349},{"sectionNumber":"sec.158","sectionType":"section","heading":"Form and content of site agreements","content":"### sec.158 Form and content of site agreements\n\nDespite section 25, the provisions mentioned in subsection (2) apply only for—\na site agreement entered into after commencement, whether or not the site agreement has been varied; or\na variation of a site agreement entered into before commencement if the variation was made after commencement.\nFor subsection (1), the provisions are as follows—\nsection 25(4)(a), (b), (d) and (h);\nsection 25(4)(i)(iii) to the extent it requires a site agreement to include a statement that, under the Act , the tribunal may—\nmake an order increasing the site rent on application by the park owner; or\nmake an order reducing the site rent on application by the home owner.\nSection 25A(1) applies only if the special term of the site agreement mentioned in that section is—\npart of a site agreement entered into after commencement, whether or not the site agreement has been varied; or\na variation of a site agreement entered into before commencement if the variation was made after commencement.\ns 158 ins 2010 No. 46 s 33\n(sec.158-ssec.1) Despite section 25, the provisions mentioned in subsection (2) apply only for— a site agreement entered into after commencement, whether or not the site agreement has been varied; or a variation of a site agreement entered into before commencement if the variation was made after commencement.\n(sec.158-ssec.2) For subsection (1), the provisions are as follows— section 25(4)(a), (b), (d) and (h); section 25(4)(i)(iii) to the extent it requires a site agreement to include a statement that, under the Act , the tribunal may— make an order increasing the site rent on application by the park owner; or make an order reducing the site rent on application by the home owner.\n(sec.158-ssec.3) Section 25A(1) applies only if the special term of the site agreement mentioned in that section is— part of a site agreement entered into after commencement, whether or not the site agreement has been varied; or a variation of a site agreement entered into before commencement if the variation was made after commencement.\n- (a) a site agreement entered into after commencement, whether or not the site agreement has been varied; or\n- (b) a variation of a site agreement entered into before commencement if the variation was made after commencement.\n- (a) section 25(4)(a), (b), (d) and (h);\n- (b) section 25(4)(i)(iii) to the extent it requires a site agreement to include a statement that, under the Act , the tribunal may— (i) make an order increasing the site rent on application by the park owner; or (ii) make an order reducing the site rent on application by the home owner.\n- (i) make an order increasing the site rent on application by the park owner; or\n- (ii) make an order reducing the site rent on application by the home owner.\n- (i) make an order increasing the site rent on application by the park owner; or\n- (ii) make an order reducing the site rent on application by the home owner.\n- (a) part of a site agreement entered into after commencement, whether or not the site agreement has been varied; or\n- (b) a variation of a site agreement entered into before commencement if the variation was made after commencement.","sortOrder":350},{"sectionNumber":"sec.159","sectionType":"section","heading":"Prohibited terms of site agreements and prohibited park rules","content":"### sec.159 Prohibited terms of site agreements and prohibited park rules\n\nA term of a site agreement, included in the site agreement before assent, is void to the extent it is or contains a term that would be prohibited under section 25B(1) if it were included in the site agreement after assent.\nSee also section 170 (Tribunal may consider whether term of site agreement is void under s 159(1)).\nA park owner must not attempt to enforce—\na special term, in a site agreement, that is void under subsection (1); or\na park rule of a type that is void under subsection (1).\nMaximum penalty—100 penalty units.\ns 159 ins 2010 No. 46 s 33\n(sec.159-ssec.1) A term of a site agreement, included in the site agreement before assent, is void to the extent it is or contains a term that would be prohibited under section 25B(1) if it were included in the site agreement after assent. See also section 170 (Tribunal may consider whether term of site agreement is void under s 159(1)).\n(sec.159-ssec.2) A park owner must not attempt to enforce— a special term, in a site agreement, that is void under subsection (1); or a park rule of a type that is void under subsection (1). Maximum penalty—100 penalty units.\n- (a) a special term, in a site agreement, that is void under subsection (1); or\n- (b) a park rule of a type that is void under subsection (1).","sortOrder":351},{"sectionNumber":"sec.160","sectionType":"section","heading":"Particular existing agreements to terminate site agreement","content":"### sec.160 Particular existing agreements to terminate site agreement\n\nThis section applies if—\nbefore commencement, a park owner and a home owner—\nentered into a prohibited agreement relating to a site agreement; or\nvaried a site agreement to include a term under which the parties to the site agreement agree to terminate the site agreement; and\nthe site agreement is in force.\nA site agreement or other agreement is void to the extent it is or contains the prohibited agreement.\nThe variation of the site agreement is void.\ns 160 ins 2010 No. 46 s 33\n(sec.160-ssec.1) This section applies if— before commencement, a park owner and a home owner— entered into a prohibited agreement relating to a site agreement; or varied a site agreement to include a term under which the parties to the site agreement agree to terminate the site agreement; and the site agreement is in force.\n(sec.160-ssec.2) A site agreement or other agreement is void to the extent it is or contains the prohibited agreement.\n(sec.160-ssec.3) The variation of the site agreement is void.\n- (a) before commencement, a park owner and a home owner— (i) entered into a prohibited agreement relating to a site agreement; or (ii) varied a site agreement to include a term under which the parties to the site agreement agree to terminate the site agreement; and\n- (i) entered into a prohibited agreement relating to a site agreement; or\n- (ii) varied a site agreement to include a term under which the parties to the site agreement agree to terminate the site agreement; and\n- (b) the site agreement is in force.\n- (i) entered into a prohibited agreement relating to a site agreement; or\n- (ii) varied a site agreement to include a term under which the parties to the site agreement agree to terminate the site agreement; and","sortOrder":352},{"sectionNumber":"sec.161","sectionType":"section","heading":"Park owner’s notice on receiving notice of proposed assignment of seller’s interest","content":"### sec.161 Park owner’s notice on receiving notice of proposed assignment of seller’s interest\n\nSection 45(2)(c) applies only for a notice of the proposed assignment of the seller’s interest in the site agreement received by the park owner after commencement.\ns 161 ins 2010 No. 46 s 33","sortOrder":353},{"sectionNumber":"sec.162","sectionType":"section","heading":"Park owner’s notice on refusal of consent to assignment","content":"### sec.162 Park owner’s notice on refusal of consent to assignment\n\nSection 49(5)(b) applies only for a written request, made after commencement, by a seller for the park owner’s consent to an assignment of the seller’s interest in the site agreement.\nSection 49(5)(b) as in force immediately before commencement continues to apply for a written request, made before commencement, by a seller for the park owner’s consent to an assignment of the seller’s interest in the site agreement.\ns 162 ins 2010 No. 46 s 33\n(sec.162-ssec.1) Section 49(5)(b) applies only for a written request, made after commencement, by a seller for the park owner’s consent to an assignment of the seller’s interest in the site agreement.\n(sec.162-ssec.2) Section 49(5)(b) as in force immediately before commencement continues to apply for a written request, made before commencement, by a seller for the park owner’s consent to an assignment of the seller’s interest in the site agreement.","sortOrder":354},{"sectionNumber":"sec.163","sectionType":"section","heading":"Notice of increase in site rent","content":"### sec.163 Notice of increase in site rent\n\nSection 69(3) applies to a park owner only if the notice of increase in site rent required to be given under section 69(2) is given by the park owner to the home owner after commencement.\ns 163 ins 2010 No. 46 s 33","sortOrder":355},{"sectionNumber":"sec.164","sectionType":"section","heading":"Notice of proposed increase in site rent","content":"### sec.164 Notice of proposed increase in site rent\n\nSection 71(1)(c) and (2) applies whether or not the site agreement mentioned in section 71(1)(a) was entered into before or after commencement.\ns 164 ins 2010 No. 46 s 33","sortOrder":356},{"sectionNumber":"sec.165","sectionType":"section","heading":"Utility cost notice","content":"### sec.165 Utility cost notice\n\nSection 73(2) applies only for a utility cost notice given after commencement.\ns 165 ins 2010 No. 46 s 33","sortOrder":357},{"sectionNumber":"sec.166","sectionType":"section","heading":"Variation of site agreement on assignment to allow site rent to be increased in accordance with market review","content":"### sec.166 Variation of site agreement on assignment to allow site rent to be increased in accordance with market review\n\nThis section applies if—\na site agreement was entered into before commencement; and\nthe site agreement does not contain a clause permitting the site rent to be increased based on a market review of site rent.\nThe park owner under the site agreement may, by complying with subsection (4), vary the site agreement by adding the following term to the site agreement—\n‘The site rent may be increased in accordance with a market review of site rent no more often than once every 3 years after the site agreement was entered into, that has regard to—\nthe range of rents usually charged for comparable sites in comparable residential parks in the locality of the park; or\nif it is impractical to obtain data for the range of site rents mentioned in paragraph (a) or data is not available for that range—the range of site rents usually charged for comparable sites in comparable residential parks in comparable localities to the locality the park is in; or\nif it is impractical to obtain data for the range of site rents mentioned in paragraph (a) or (b) or data is not available for that range—general trends in rent for residential accommodation in the locality the park is in.’.\nThe term—\nmay be added to the site agreement only in conjunction with an assignment of the site agreement; and\nmay be added to the site agreement without the agreement of the seller, buyer or any other future home owner; and\ntakes effect when the assignment takes effect; and\nwhen added, is taken to be a term of the site agreement for all purposes under this Act.\nHowever, subsection (3)(d) only applies if—\nat the same time as the park owner gives the disclosure documents for the site to the buyer under section 45A(1), the park owner also gives the buyer notice, in the approved form—\nof the addition of the term to the site agreement; and\nof the date on which the next market review of site rent will happen; and\nthe park owner, as soon as possible after giving a notice under paragraph (a), but within 3 days after doing so, gives the seller a copy of the notice.\ns 166 ins 2010 No. 46 s 33\namd 2017 No. 42 s 55A\n(sec.166-ssec.1) This section applies if— a site agreement was entered into before commencement; and the site agreement does not contain a clause permitting the site rent to be increased based on a market review of site rent.\n(sec.166-ssec.2) The park owner under the site agreement may, by complying with subsection (4), vary the site agreement by adding the following term to the site agreement— ‘The site rent may be increased in accordance with a market review of site rent no more often than once every 3 years after the site agreement was entered into, that has regard to— the range of rents usually charged for comparable sites in comparable residential parks in the locality of the park; or if it is impractical to obtain data for the range of site rents mentioned in paragraph (a) or data is not available for that range—the range of site rents usually charged for comparable sites in comparable residential parks in comparable localities to the locality the park is in; or if it is impractical to obtain data for the range of site rents mentioned in paragraph (a) or (b) or data is not available for that range—general trends in rent for residential accommodation in the locality the park is in.’.\n(sec.166-ssec.3) The term— may be added to the site agreement only in conjunction with an assignment of the site agreement; and may be added to the site agreement without the agreement of the seller, buyer or any other future home owner; and takes effect when the assignment takes effect; and when added, is taken to be a term of the site agreement for all purposes under this Act.\n(sec.166-ssec.4) However, subsection (3)(d) only applies if— at the same time as the park owner gives the disclosure documents for the site to the buyer under section 45A(1), the park owner also gives the buyer notice, in the approved form— of the addition of the term to the site agreement; and of the date on which the next market review of site rent will happen; and the park owner, as soon as possible after giving a notice under paragraph (a), but within 3 days after doing so, gives the seller a copy of the notice.\n- (a) a site agreement was entered into before commencement; and\n- (b) the site agreement does not contain a clause permitting the site rent to be increased based on a market review of site rent.\n- (a) the range of rents usually charged for comparable sites in comparable residential parks in the locality of the park; or\n- (b) if it is impractical to obtain data for the range of site rents mentioned in paragraph (a) or data is not available for that range—the range of site rents usually charged for comparable sites in comparable residential parks in comparable localities to the locality the park is in; or\n- (c) if it is impractical to obtain data for the range of site rents mentioned in paragraph (a) or (b) or data is not available for that range—general trends in rent for residential accommodation in the locality the park is in.’.\n- (a) may be added to the site agreement only in conjunction with an assignment of the site agreement; and\n- (b) may be added to the site agreement without the agreement of the seller, buyer or any other future home owner; and\n- (c) takes effect when the assignment takes effect; and\n- (d) when added, is taken to be a term of the site agreement for all purposes under this Act.\n- (a) at the same time as the park owner gives the disclosure documents for the site to the buyer under section 45A(1), the park owner also gives the buyer notice, in the approved form— (i) of the addition of the term to the site agreement; and (ii) of the date on which the next market review of site rent will happen; and\n- (i) of the addition of the term to the site agreement; and\n- (ii) of the date on which the next market review of site rent will happen; and\n- (b) the park owner, as soon as possible after giving a notice under paragraph (a), but within 3 days after doing so, gives the seller a copy of the notice.\n- (i) of the addition of the term to the site agreement; and\n- (ii) of the date on which the next market review of site rent will happen; and","sortOrder":358},{"sectionNumber":"sec.167","sectionType":"section","heading":"More than 1 home owners committee","content":"### sec.167 More than 1 home owners committee\n\nThis section applies if, immediately before commencement, there was more than 1 home owners committee for a residential park.\nThe home owners for the park may, by election conducted among themselves within 3 months after commencement, establish a single home owners committee.\nSections 100(3) to (5) apply in relation to a home owners committee elected under subsection (2).\ns 167 ins 2010 No. 46 s 33\n(sec.167-ssec.1) This section applies if, immediately before commencement, there was more than 1 home owners committee for a residential park.\n(sec.167-ssec.2) The home owners for the park may, by election conducted among themselves within 3 months after commencement, establish a single home owners committee.\n(sec.167-ssec.3) Sections 100(3) to (5) apply in relation to a home owners committee elected under subsection (2).","sortOrder":359},{"sectionNumber":"sec.168","sectionType":"section","heading":"Existing park owner to give chief executive information for record of residential parks","content":"### sec.168 Existing park owner to give chief executive information for record of residential parks\n\nIf a person was a park owner for a residential park immediately before commencement, for section 139C, the person is taken to have opened the park 2 months after commencement.","sortOrder":360},{"sectionNumber":"sec.169","sectionType":"section","heading":"Converted caravans","content":"### sec.169 Converted caravans\n\nThis section applies if—\nbefore assent, an application was made to a court or tribunal relating to a relevant matter; and\nthe application has not been decided.\nThis section also applies if—\nan application is made to a court or tribunal, on or after but within 3 years after assent about a dispute mentioned in subsection (5), definition relevant matter , paragraph (b) or (c) about a converted caravan; and\nthe converted caravan was positioned on a site in the park before assent; and\nthe applicant owns the converted caravan and owned it immediately before assent.\nThe court or tribunal must decide the application as if the amending Act had not commenced.\nFor an application mentioned in subsection (2)(a), the court or tribunal must decide the application on the basis of the structural characteristics of the converted caravan on assent.\nIn this section—\nrelevant matter means—\nan agreement between a park owner and a home owner providing for the positioning of a converted caravan on a site; or\na dispute about whether a person is entitled to have a park owner enter into a site agreement with the person relating to a converted caravan; or\na dispute about whether a park owner is entitled to have a person enter into a site agreement with the park owner relating to a converted caravan.\ns 169 ins 2010 No. 46 s 33\n(sec.169-ssec.1) This section applies if— before assent, an application was made to a court or tribunal relating to a relevant matter; and the application has not been decided.\n(sec.169-ssec.2) This section also applies if— an application is made to a court or tribunal, on or after but within 3 years after assent about a dispute mentioned in subsection (5), definition relevant matter , paragraph (b) or (c) about a converted caravan; and the converted caravan was positioned on a site in the park before assent; and the applicant owns the converted caravan and owned it immediately before assent.\n(sec.169-ssec.3) The court or tribunal must decide the application as if the amending Act had not commenced.\n(sec.169-ssec.4) For an application mentioned in subsection (2)(a), the court or tribunal must decide the application on the basis of the structural characteristics of the converted caravan on assent.\n(sec.169-ssec.5) In this section— relevant matter means— an agreement between a park owner and a home owner providing for the positioning of a converted caravan on a site; or a dispute about whether a person is entitled to have a park owner enter into a site agreement with the person relating to a converted caravan; or a dispute about whether a park owner is entitled to have a person enter into a site agreement with the park owner relating to a converted caravan.\n- (a) before assent, an application was made to a court or tribunal relating to a relevant matter; and\n- (b) the application has not been decided.\n- (a) an application is made to a court or tribunal, on or after but within 3 years after assent about a dispute mentioned in subsection (5), definition relevant matter , paragraph (b) or (c) about a converted caravan; and\n- (b) the converted caravan was positioned on a site in the park before assent; and\n- (c) the applicant owns the converted caravan and owned it immediately before assent.\n- (a) an agreement between a park owner and a home owner providing for the positioning of a converted caravan on a site; or\n- (b) a dispute about whether a person is entitled to have a park owner enter into a site agreement with the person relating to a converted caravan; or\n- (c) a dispute about whether a park owner is entitled to have a person enter into a site agreement with the park owner relating to a converted caravan.","sortOrder":361},{"sectionNumber":"sec.170","sectionType":"section","heading":"Tribunal may consider whether term of site agreement is void under s 159(1)","content":"### sec.170 Tribunal may consider whether term of site agreement is void under s 159(1)\n\nA home owner may apply to the tribunal to consider whether part or all of a stated term of a site agreement is void under section 159(1).\nOn application under subsection (1), the tribunal may do 1 of the following—\ndeclare that a stated term of the site agreement is void;\ndeclare that a stated term of the site agreement is not void;\ndeclare that a stated term of the site agreement is void to a stated extent;\nmake an order varying a stated term of the site agreement.\ns 170 ins 2010 No. 46 s 33\n(sec.170-ssec.1) A home owner may apply to the tribunal to consider whether part or all of a stated term of a site agreement is void under section 159(1).\n(sec.170-ssec.2) On application under subsection (1), the tribunal may do 1 of the following— declare that a stated term of the site agreement is void; declare that a stated term of the site agreement is not void; declare that a stated term of the site agreement is void to a stated extent; make an order varying a stated term of the site agreement.\n- (a) declare that a stated term of the site agreement is void;\n- (b) declare that a stated term of the site agreement is not void;\n- (c) declare that a stated term of the site agreement is void to a stated extent;\n- (d) make an order varying a stated term of the site agreement.","sortOrder":362},{"sectionNumber":"sec.171","sectionType":"section","heading":"Undecided applications to tribunal for particular orders","content":"### sec.171 Undecided applications to tribunal for particular orders\n\nThis section applies if—\nbefore assent—\nan application for a termination order was made to the tribunal under section 38(1)(d); or\nan application was made to the tribunal under section 70(2); and\nthe application has not been decided.\nThe tribunal must decide the application as if the amending Act had not commenced.\ns 171 ins 2010 No. 46 s 33\n(sec.171-ssec.1) This section applies if— before assent— an application for a termination order was made to the tribunal under section 38(1)(d); or an application was made to the tribunal under section 70(2); and the application has not been decided.\n(sec.171-ssec.2) The tribunal must decide the application as if the amending Act had not commenced.\n- (a) before assent— (i) an application for a termination order was made to the tribunal under section 38(1)(d); or (ii) an application was made to the tribunal under section 70(2); and\n- (i) an application for a termination order was made to the tribunal under section 38(1)(d); or\n- (ii) an application was made to the tribunal under section 70(2); and\n- (b) the application has not been decided.\n- (i) an application for a termination order was made to the tribunal under section 38(1)(d); or\n- (ii) an application was made to the tribunal under section 70(2); and","sortOrder":363},{"sectionNumber":"sec.172","sectionType":"section","heading":"Undecided application to tribunal for order about proposed increase in site rent","content":"### sec.172 Undecided application to tribunal for order about proposed increase in site rent\n\nThis section applies if—\nbefore commencement, an application was made to the tribunal under section 71(7) as then in force; and\nthe application has not been decided.\nThe tribunal must decide the application as if the amending Act had not commenced.\ns 172 ins 2010 No. 46 s 33\n(sec.172-ssec.1) This section applies if— before commencement, an application was made to the tribunal under section 71(7) as then in force; and the application has not been decided.\n(sec.172-ssec.2) The tribunal must decide the application as if the amending Act had not commenced.\n- (a) before commencement, an application was made to the tribunal under section 71(7) as then in force; and\n- (b) the application has not been decided.","sortOrder":364},{"sectionNumber":"sec.173","sectionType":"section","heading":"Documents tribunal may consider on application for site rent reduction","content":"### sec.173 Documents tribunal may consider on application for site rent reduction\n\nSection 72(2) applies only in relation to an application to the tribunal for an order under section 72(1) made after assent.\ns 173 ins 2010 No. 46 s 33","sortOrder":365},{"sectionNumber":"sec.174","sectionType":"section","heading":"Tribunal’s review of utility cost","content":"### sec.174 Tribunal’s review of utility cost\n\nSection 74(2) and (3) applies only for a utility cost notice given after commencement.\ns 174 ins 2010 No. 46 s 33","sortOrder":366},{"sectionNumber":"sec.175","sectionType":"section","heading":"Tribunal’s power to make particular orders","content":"### sec.175 Tribunal’s power to make particular orders\n\nSections 39(2) and (3) and 40A apply only for an application to the tribunal for a termination order made after assent.\ns 175 ins 2010 No. 46 s 33","sortOrder":367},{"sectionNumber":"pt.21-div.4","sectionType":"division","heading":"Transitional provisions for Housing Legislation (Building Better Futures) Amendment Act 2017","content":"## Transitional provisions for Housing Legislation (Building Better Futures) Amendment Act 2017","sortOrder":368},{"sectionNumber":"sec.176","sectionType":"section","heading":"Definitions for division","content":"### sec.176 Definitions for division\n\nIn this division—\namended Act means this Act as in force from the commencement.\namending Act means the Housing Legislation (Building Better Futures) Amendment Act 2017 .\ncorresponding provision , for a pre-amended provision, means a provision in the amended Act that corresponds to the pre-amended provision.\npre-amended , for a provision of this Act, means the provision as in force immediately before the commencement.\npre-amended Act means this Act as in force immediately before the commencement.\nprevious disclosure documents means the documents mentioned in pre-amended section 29(1)(a) and (b).\ns 176 ins 2017 No. 42 s 56","sortOrder":369},{"sectionNumber":"sec.177","sectionType":"section","heading":"Requirement to give disclosure documents to prospective home owner","content":"### sec.177 Requirement to give disclosure documents to prospective home owner\n\nThis section applies if—\nbefore the commencement, the park owner for a residential park gave a prospective home owner for a site the previous disclosure documents for the site under pre-amended section 29; and\nimmediately before the commencement, the park owner and prospective home owner had not entered into, but had intended to enter into, a site agreement for the site.\nOn the commencement—\nsection 29(2)(a) and (3), to the extent it relates to waiving the right to be given the initial disclosure documents, does not apply to the park owner; and\nsection 29(2)(b) and (3) applies to the park owner as if each reference in the provisions to the supplementary disclosure documents for the site were a reference to the previous disclosure documents for the site.\nFor subsection (2)(b), a reference in a previous disclosure document to a pre-amended provision may, if the context permits, be taken to be a reference to the corresponding provision for the pre-amended provision.\ns 177 ins 2017 No. 42 s 56\n(sec.177-ssec.1) This section applies if— before the commencement, the park owner for a residential park gave a prospective home owner for a site the previous disclosure documents for the site under pre-amended section 29; and immediately before the commencement, the park owner and prospective home owner had not entered into, but had intended to enter into, a site agreement for the site.\n(sec.177-ssec.2) On the commencement— section 29(2)(a) and (3), to the extent it relates to waiving the right to be given the initial disclosure documents, does not apply to the park owner; and section 29(2)(b) and (3) applies to the park owner as if each reference in the provisions to the supplementary disclosure documents for the site were a reference to the previous disclosure documents for the site.\n(sec.177-ssec.3) For subsection (2)(b), a reference in a previous disclosure document to a pre-amended provision may, if the context permits, be taken to be a reference to the corresponding provision for the pre-amended provision.\n- (a) before the commencement, the park owner for a residential park gave a prospective home owner for a site the previous disclosure documents for the site under pre-amended section 29; and\n- (b) immediately before the commencement, the park owner and prospective home owner had not entered into, but had intended to enter into, a site agreement for the site.\n- (a) section 29(2)(a) and (3), to the extent it relates to waiving the right to be given the initial disclosure documents, does not apply to the park owner; and\n- (b) section 29(2)(b) and (3) applies to the park owner as if each reference in the provisions to the supplementary disclosure documents for the site were a reference to the previous disclosure documents for the site.","sortOrder":370},{"sectionNumber":"sec.178","sectionType":"section","heading":"No automatic cooling-off period for compliant existing site agreement","content":"### sec.178 No automatic cooling-off period for compliant existing site agreement\n\nThis section applies if—\nwithin the 7 days before the commencement, the park owner for a residential park and a prospective home owner for a site entered into a site agreement for the site; and\nthe park owner gave the prospective home owner the previous disclosure documents for the site at least 7 days before entering into the site agreement.\nThe home owner may not terminate the site agreement under section 33.\ns 178 ins 2017 No. 42 s 56\n(sec.178-ssec.1) This section applies if— within the 7 days before the commencement, the park owner for a residential park and a prospective home owner for a site entered into a site agreement for the site; and the park owner gave the prospective home owner the previous disclosure documents for the site at least 7 days before entering into the site agreement.\n(sec.178-ssec.2) The home owner may not terminate the site agreement under section 33.\n- (a) within the 7 days before the commencement, the park owner for a residential park and a prospective home owner for a site entered into a site agreement for the site; and\n- (b) the park owner gave the prospective home owner the previous disclosure documents for the site at least 7 days before entering into the site agreement.","sortOrder":371},{"sectionNumber":"sec.179","sectionType":"section","heading":"Cooling-off period for non-compliant existing site agreement","content":"### sec.179 Cooling-off period for non-compliant existing site agreement\n\nThis section applies if—\nwithin the 28 days before the commencement, the park owner for a residential park and a prospective home owner for a site entered into a site agreement for the site; and\nthe park owner did not give the prospective home owner the previous disclosure documents for the site at least 7 days before entering into the site agreement.\nOn the commencement, pre-amended section 33 continues to apply in relation to the site agreement as if the amending Act had not been enacted.\ns 179 ins 2017 No. 42 s 56\n(sec.179-ssec.1) This section applies if— within the 28 days before the commencement, the park owner for a residential park and a prospective home owner for a site entered into a site agreement for the site; and the park owner did not give the prospective home owner the previous disclosure documents for the site at least 7 days before entering into the site agreement.\n(sec.179-ssec.2) On the commencement, pre-amended section 33 continues to apply in relation to the site agreement as if the amending Act had not been enacted.\n- (a) within the 28 days before the commencement, the park owner for a residential park and a prospective home owner for a site entered into a site agreement for the site; and\n- (b) the park owner did not give the prospective home owner the previous disclosure documents for the site at least 7 days before entering into the site agreement.","sortOrder":372},{"sectionNumber":"sec.180","sectionType":"section","heading":"Requirement to give disclosure documents to buyer","content":"### sec.180 Requirement to give disclosure documents to buyer\n\nThis section applies if, before the commencement—\na seller proposed to assign the seller’s interest in a site agreement for a site to a buyer; and\nthe park owner under the site agreement gave the buyer the documents mentioned in pre-amended section 45(2)(a) to (c); and\nthe park owner had not consented to the assignment.\nThe park owner is taken to have given the buyer the disclosure documents for the site.\nFor subsection (2), a reference in a document mentioned in pre-amended section 45(2)(b) or (c) to a pre-amended provision may, if the context permits, be taken to be a reference to the corresponding provision for the pre-amended provision.\ns 180 ins 2017 No. 42 s 56\n(sec.180-ssec.1) This section applies if, before the commencement— a seller proposed to assign the seller’s interest in a site agreement for a site to a buyer; and the park owner under the site agreement gave the buyer the documents mentioned in pre-amended section 45(2)(a) to (c); and the park owner had not consented to the assignment.\n(sec.180-ssec.2) The park owner is taken to have given the buyer the disclosure documents for the site.\n(sec.180-ssec.3) For subsection (2), a reference in a document mentioned in pre-amended section 45(2)(b) or (c) to a pre-amended provision may, if the context permits, be taken to be a reference to the corresponding provision for the pre-amended provision.\n- (a) a seller proposed to assign the seller’s interest in a site agreement for a site to a buyer; and\n- (b) the park owner under the site agreement gave the buyer the documents mentioned in pre-amended section 45(2)(a) to (c); and\n- (c) the park owner had not consented to the assignment.","sortOrder":373},{"sectionNumber":"sec.181","sectionType":"section","heading":"Notice of increase in site rent under pre-amended section 69","content":"### sec.181 Notice of increase in site rent under pre-amended section 69\n\nThis section applies if, within the 28 days before the commencement—\nthe park owner for a residential park gave a home owner a notice about an increase in site rent under pre-amended section 69(2); and\nthe home owner considered the amount of the increase excessive; and\nthe home owner did not apply to the tribunal under pre-amended section 70(2) for an order about the increase.\nOn the commencement, pre-amended sections 69 and 70 continue to apply in relation to the increase in the site rent as if the amending Act had not been enacted.\ns 181 ins 2017 No. 42 s 56\n(sec.181-ssec.1) This section applies if, within the 28 days before the commencement— the park owner for a residential park gave a home owner a notice about an increase in site rent under pre-amended section 69(2); and the home owner considered the amount of the increase excessive; and the home owner did not apply to the tribunal under pre-amended section 70(2) for an order about the increase.\n(sec.181-ssec.2) On the commencement, pre-amended sections 69 and 70 continue to apply in relation to the increase in the site rent as if the amending Act had not been enacted.\n- (a) the park owner for a residential park gave a home owner a notice about an increase in site rent under pre-amended section 69(2); and\n- (b) the home owner considered the amount of the increase excessive; and\n- (c) the home owner did not apply to the tribunal under pre-amended section 70(2) for an order about the increase.","sortOrder":374},{"sectionNumber":"sec.182","sectionType":"section","heading":"Restriction on first general site rent increase","content":"### sec.182 Restriction on first general site rent increase\n\nThis section applies if—\nin the year before the commencement, site rent under a site agreement was increased under pre-amended section 69; and\nthe increase has not been set aside by an order of the tribunal; and\nthe site rent has not been increased under part 11, division 2.\nThe park owner under the site agreement must not increase the site rent under part 11, division 2 on any basis provided for in the site agreement within 1 year after the day the site rent was last increased under pre-amended section 69.\nSection 69(3) applies as if the reference in that provision to sections 69A to 69E included a reference to this section.\ns 182 ins 2017 No. 42 s 56\n(sec.182-ssec.1) This section applies if— in the year before the commencement, site rent under a site agreement was increased under pre-amended section 69; and the increase has not been set aside by an order of the tribunal; and the site rent has not been increased under part 11, division 2.\n(sec.182-ssec.2) The park owner under the site agreement must not increase the site rent under part 11, division 2 on any basis provided for in the site agreement within 1 year after the day the site rent was last increased under pre-amended section 69.\n(sec.182-ssec.3) Section 69(3) applies as if the reference in that provision to sections 69A to 69E included a reference to this section.\n- (a) in the year before the commencement, site rent under a site agreement was increased under pre-amended section 69; and\n- (b) the increase has not been set aside by an order of the tribunal; and\n- (c) the site rent has not been increased under part 11, division 2.","sortOrder":375},{"sectionNumber":"sec.183","sectionType":"section","heading":"Notice of increase in site rent under pre-amended section 71","content":"### sec.183 Notice of increase in site rent under pre-amended section 71\n\nThis section applies if, within the 2 months before the commencement—\nthe park owner for a residential park gave a home owner a notice proposing an increase in site rent under pre-amended section 71(3); and\neither—\nthe home owner gave the park owner a response under pre-amended section 71(5) indicating the home owner did not agree to the proposed increase; or\nthe home owner did not give the park owner a response under pre-amended section 71(5); and\nthe park owner did not apply to the tribunal under pre-amended section 71(8) for an order about the increase.\nOn the commencement, pre-amended sections 70(3)(d) to (l) and 71 continue to apply in relation to the proposed increase in the site rent as if the amending Act had not been enacted.\ns 183 ins 2017 No. 42 s 56\n(sec.183-ssec.1) This section applies if, within the 2 months before the commencement— the park owner for a residential park gave a home owner a notice proposing an increase in site rent under pre-amended section 71(3); and either— the home owner gave the park owner a response under pre-amended section 71(5) indicating the home owner did not agree to the proposed increase; or the home owner did not give the park owner a response under pre-amended section 71(5); and the park owner did not apply to the tribunal under pre-amended section 71(8) for an order about the increase.\n(sec.183-ssec.2) On the commencement, pre-amended sections 70(3)(d) to (l) and 71 continue to apply in relation to the proposed increase in the site rent as if the amending Act had not been enacted.\n- (a) the park owner for a residential park gave a home owner a notice proposing an increase in site rent under pre-amended section 71(3); and\n- (b) either— (i) the home owner gave the park owner a response under pre-amended section 71(5) indicating the home owner did not agree to the proposed increase; or (ii) the home owner did not give the park owner a response under pre-amended section 71(5); and\n- (i) the home owner gave the park owner a response under pre-amended section 71(5) indicating the home owner did not agree to the proposed increase; or\n- (ii) the home owner did not give the park owner a response under pre-amended section 71(5); and\n- (c) the park owner did not apply to the tribunal under pre-amended section 71(8) for an order about the increase.\n- (i) the home owner gave the park owner a response under pre-amended section 71(5) indicating the home owner did not agree to the proposed increase; or\n- (ii) the home owner did not give the park owner a response under pre-amended section 71(5); and","sortOrder":376},{"sectionNumber":"sec.184","sectionType":"section","heading":"Utility cost notice under pre-amended section 73","content":"### sec.184 Utility cost notice under pre-amended section 73\n\nThis section applies if, within the 28 days before the commencement—\nthe park owner for a residential park gave a home owner a utility cost notice about a utility cost under pre-amended section 73(2); and\nthe home owner disputed the utility cost stated in the notice; and\nthe home owner did not apply to the tribunal under pre-amended section 74(3) for an order about reducing the site rent.\nOn the commencement, pre-amended sections 73 and 74 continue to apply in relation to the utility cost and reducing the site rent as if the amending Act had not been enacted.\ns 184 ins 2017 No. 42 s 56\n(sec.184-ssec.1) This section applies if, within the 28 days before the commencement— the park owner for a residential park gave a home owner a utility cost notice about a utility cost under pre-amended section 73(2); and the home owner disputed the utility cost stated in the notice; and the home owner did not apply to the tribunal under pre-amended section 74(3) for an order about reducing the site rent.\n(sec.184-ssec.2) On the commencement, pre-amended sections 73 and 74 continue to apply in relation to the utility cost and reducing the site rent as if the amending Act had not been enacted.\n- (a) the park owner for a residential park gave a home owner a utility cost notice about a utility cost under pre-amended section 73(2); and\n- (b) the home owner disputed the utility cost stated in the notice; and\n- (c) the home owner did not apply to the tribunal under pre-amended section 74(3) for an order about reducing the site rent.","sortOrder":377},{"sectionNumber":"sec.185","sectionType":"section","heading":"Application to tribunal about proposal under pre-amended section 82","content":"### sec.185 Application to tribunal about proposal under pre-amended section 82\n\nThis section applies if, within the 7 days before the commencement—\neither—\nan objector had been given a non-resolution notice under pre-amended section 80(6) in relation to a proposal; or\na home owner or park owner had under pre-amended section 81(3) been given notice of a decision of a park liaison committee under section 81(1) or (2) in relation to a proposal and was dissatisfied with the decision; and\nthe objector, home owner or park owner did not apply to the tribunal under pre-amended section 82(2) and (3) for an order declaring the proposal to be reasonable or unreasonable.\nOn the commencement, pre-amended sections 82 and 84 continue to apply in relation to the proposal as if the amending Act had not been enacted.\ns 185 ins 2017 No. 42 s 56\n(sec.185-ssec.1) This section applies if, within the 7 days before the commencement— either— an objector had been given a non-resolution notice under pre-amended section 80(6) in relation to a proposal; or a home owner or park owner had under pre-amended section 81(3) been given notice of a decision of a park liaison committee under section 81(1) or (2) in relation to a proposal and was dissatisfied with the decision; and the objector, home owner or park owner did not apply to the tribunal under pre-amended section 82(2) and (3) for an order declaring the proposal to be reasonable or unreasonable.\n(sec.185-ssec.2) On the commencement, pre-amended sections 82 and 84 continue to apply in relation to the proposal as if the amending Act had not been enacted.\n- (a) either— (i) an objector had been given a non-resolution notice under pre-amended section 80(6) in relation to a proposal; or (ii) a home owner or park owner had under pre-amended section 81(3) been given notice of a decision of a park liaison committee under section 81(1) or (2) in relation to a proposal and was dissatisfied with the decision; and\n- (i) an objector had been given a non-resolution notice under pre-amended section 80(6) in relation to a proposal; or\n- (ii) a home owner or park owner had under pre-amended section 81(3) been given notice of a decision of a park liaison committee under section 81(1) or (2) in relation to a proposal and was dissatisfied with the decision; and\n- (b) the objector, home owner or park owner did not apply to the tribunal under pre-amended section 82(2) and (3) for an order declaring the proposal to be reasonable or unreasonable.\n- (i) an objector had been given a non-resolution notice under pre-amended section 80(6) in relation to a proposal; or\n- (ii) a home owner or park owner had under pre-amended section 81(3) been given notice of a decision of a park liaison committee under section 81(1) or (2) in relation to a proposal and was dissatisfied with the decision; and","sortOrder":378},{"sectionNumber":"pt.21-div.5","sectionType":"division","heading":"Transitional provisions for Manufactured Homes (Residential Parks) Amendment Act 2024","content":"## Transitional provisions for Manufactured Homes (Residential Parks) Amendment Act 2024","sortOrder":379},{"sectionNumber":"sec.186","sectionType":"section","heading":"Definitions for division","content":"### sec.186 Definitions for division\n\nIn this division—\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement of the provision in which the term is used.\nnew , for a provision of this Act, means the provision as in force from the commencement of the provision in which the term is used.\nvariation order see section 194(3).\ns 186 prev s 186 ins 2017 No. 42 s 56\nexp 1 September 2020 (see s 186(4))\npres s 186 ins 2024 No. 28 s 24","sortOrder":380},{"sectionNumber":"sec.187","sectionType":"section","heading":"Existing applications for termination orders","content":"### sec.187 Existing applications for termination orders\n\nThis section applies if—\nbefore the commencement, an application was made under former section 38 for a termination order; and\nimmediately before the commencement, the application had not been decided by the tribunal.\nNew part 6, division 3 applies in relation to the application as if—\nfor an application made on a ground mentioned in former section 38(1)(a) to (e)—the application had been made under new section 38; or\nfor an application made on the ground mentioned in former section 38(1)(f)—the application had been made under new section 39.\nWithout limiting subsection (2), the subsection applies—\nfor the purpose of deciding the application; and\nfor the purpose of making a compensation order under new section 39C if a termination order is made on the application.\ns 187 ins 2024 No. 28 s 24\n(sec.187-ssec.1) This section applies if— before the commencement, an application was made under former section 38 for a termination order; and immediately before the commencement, the application had not been decided by the tribunal.\n(sec.187-ssec.2) New part 6, division 3 applies in relation to the application as if— for an application made on a ground mentioned in former section 38(1)(a) to (e)—the application had been made under new section 38; or for an application made on the ground mentioned in former section 38(1)(f)—the application had been made under new section 39.\n(sec.187-ssec.3) Without limiting subsection (2), the subsection applies— for the purpose of deciding the application; and for the purpose of making a compensation order under new section 39C if a termination order is made on the application.\n- (a) before the commencement, an application was made under former section 38 for a termination order; and\n- (b) immediately before the commencement, the application had not been decided by the tribunal.\n- (a) for an application made on a ground mentioned in former section 38(1)(a) to (e)—the application had been made under new section 38; or\n- (b) for an application made on the ground mentioned in former section 38(1)(f)—the application had been made under new section 39.\n- (a) for the purpose of deciding the application; and\n- (b) for the purpose of making a compensation order under new section 39C if a termination order is made on the application.","sortOrder":381},{"sectionNumber":"sec.188","sectionType":"section","heading":"Application of buyback and rent reduction scheme to manufactured home for sale before commencement","content":"### sec.188 Application of buyback and rent reduction scheme to manufactured home for sale before commencement\n\nThis section applies if—\nbefore the commencement, the home owner of a manufactured home appointed the park owner under a selling authority for the manufactured home; and\nimmediately before the commencement, the selling authority was still in effect; and\non the commencement, the manufactured home is an eligible home and the home owner is an eligible home owner under part 9A.\nSection 62P applies in relation to the eligible home as if—\nsection 62P(1) did not include section 62P(1)(a); and\nsection 62P(1)(c) provided that the eligible home owner, if requested by the park owner, has appointed the park owner as the sole agent under a selling authority for the eligible home; and\nsection 62P(3) provided that the opt in notice may be given to the park owner not earlier than 6 months after the commencement.\ns 188 ins 2024 No. 28 s 24\n(sec.188-ssec.1) This section applies if— before the commencement, the home owner of a manufactured home appointed the park owner under a selling authority for the manufactured home; and immediately before the commencement, the selling authority was still in effect; and on the commencement, the manufactured home is an eligible home and the home owner is an eligible home owner under part 9A.\n(sec.188-ssec.2) Section 62P applies in relation to the eligible home as if— section 62P(1) did not include section 62P(1)(a); and section 62P(1)(c) provided that the eligible home owner, if requested by the park owner, has appointed the park owner as the sole agent under a selling authority for the eligible home; and section 62P(3) provided that the opt in notice may be given to the park owner not earlier than 6 months after the commencement.\n- (a) before the commencement, the home owner of a manufactured home appointed the park owner under a selling authority for the manufactured home; and\n- (b) immediately before the commencement, the selling authority was still in effect; and\n- (c) on the commencement, the manufactured home is an eligible home and the home owner is an eligible home owner under part 9A.\n- (a) section 62P(1) did not include section 62P(1)(a); and\n- (b) section 62P(1)(c) provided that the eligible home owner, if requested by the park owner, has appointed the park owner as the sole agent under a selling authority for the eligible home; and\n- (c) section 62P(3) provided that the opt in notice may be given to the park owner not earlier than 6 months after the commencement.","sortOrder":382},{"sectionNumber":"sec.189","sectionType":"section","heading":"Application of s 69AA to site agreements entered into before commencement","content":"### sec.189 Application of s 69AA to site agreements entered into before commencement\n\nSection 69AA applies in relation to a site agreement whether entered into before or after the commencement.\ns 189 ins 2024 No. 28 s 24","sortOrder":383},{"sectionNumber":"sec.190","sectionType":"section","heading":"Application of s 69F to site agreements entered into before commencement","content":"### sec.190 Application of s 69F to site agreements entered into before commencement\n\nExcept as provided under section 191, section 69F applies in relation to a site agreement whether entered into before or after the commencement.\ns 190 ins 2024 No. 28 s 24","sortOrder":384},{"sectionNumber":"sec.191","sectionType":"section","heading":"Market review of site rent started before commencement","content":"### sec.191 Market review of site rent started before commencement\n\nThis section applies if—\nbefore the commencement, a general increase notice was given to a home owner; and\nthe general increase notice was accompanied by a market valuation for the market review of site rent; and\nthe general increase day stated in the general increase notice is a day after the commencement.\nThis Act, as in force immediately before the commencement, continues to apply for the purpose of working out the increase in site rent payable from the next general increase day.\nHowever—\nthe amount by which the site rent is increased under this section must not exceed the percentage increase in site rent permitted under section 69B(2); and\nsection 69B(3) applies to an increase in site rent under this section.\ns 191 ins 2024 No. 28 s 24\n(sec.191-ssec.1) This section applies if— before the commencement, a general increase notice was given to a home owner; and the general increase notice was accompanied by a market valuation for the market review of site rent; and the general increase day stated in the general increase notice is a day after the commencement.\n(sec.191-ssec.2) This Act, as in force immediately before the commencement, continues to apply for the purpose of working out the increase in site rent payable from the next general increase day.\n(sec.191-ssec.3) However— the amount by which the site rent is increased under this section must not exceed the percentage increase in site rent permitted under section 69B(2); and section 69B(3) applies to an increase in site rent under this section.\n- (a) before the commencement, a general increase notice was given to a home owner; and\n- (b) the general increase notice was accompanied by a market valuation for the market review of site rent; and\n- (c) the general increase day stated in the general increase notice is a day after the commencement.\n- (a) the amount by which the site rent is increased under this section must not exceed the percentage increase in site rent permitted under section 69B(2); and\n- (b) section 69B(3) applies to an increase in site rent under this section.","sortOrder":385},{"sectionNumber":"sec.192","sectionType":"section","heading":"Increasing site rent—using alternative basis to market review","content":"### sec.192 Increasing site rent—using alternative basis to market review\n\nThis section applies if a site agreement that was in force immediately before the commencement provided for—\na market review of site rent as a basis for increasing the site rent; and\n1 or more other bases for increasing the site rent (each an alternative basis ).\na site agreement providing for a triennial market review of site rent and a 3% increase for the intervening years\nDespite the terms of the site agreement, the park owner may use an alternative basis for increasing the site rent for any period for which a market review of site rent would, but for section 69F, have been the basis for increasing the site rent.\ns 192 ins 2024 No. 28 s 24\n(sec.192-ssec.1) This section applies if a site agreement that was in force immediately before the commencement provided for— a market review of site rent as a basis for increasing the site rent; and 1 or more other bases for increasing the site rent (each an alternative basis ). a site agreement providing for a triennial market review of site rent and a 3% increase for the intervening years\n(sec.192-ssec.2) Despite the terms of the site agreement, the park owner may use an alternative basis for increasing the site rent for any period for which a market review of site rent would, but for section 69F, have been the basis for increasing the site rent.\n- (a) a market review of site rent as a basis for increasing the site rent; and\n- (b) 1 or more other bases for increasing the site rent (each an alternative basis ).","sortOrder":386},{"sectionNumber":"sec.193","sectionType":"section","heading":"Increasing site rent—no alternative basis to market review","content":"### sec.193 Increasing site rent—no alternative basis to market review\n\nThis section applies if a site agreement that was in force immediately before the commencement provided for a market review of site rent as the only basis for increasing the site rent.\nThe park owner may, as the basis for working out the amount of the increase in the site rent, multiply the site rent by the CPI increase.\nThe park owner may increase the site rent using the basis provided under subsection (2) once each year, but not within 1 year after the day the site rent was last increased under this section or, for the first increase under this section, the site agreement.\nSubsection (2A) applies despite any term of the site agreement providing for the intervals at which the site rent may be increased.\nIn this section—\nCPI increase see section 69B(7).\ns 193 ins 2024 No. 28 s 24\n(sec.193-ssec.1) This section applies if a site agreement that was in force immediately before the commencement provided for a market review of site rent as the only basis for increasing the site rent.\n(sec.193-ssec.2) The park owner may, as the basis for working out the amount of the increase in the site rent, multiply the site rent by the CPI increase.\n(sec.193-ssec.2A) The park owner may increase the site rent using the basis provided under subsection (2) once each year, but not within 1 year after the day the site rent was last increased under this section or, for the first increase under this section, the site agreement.\n(sec.193-ssec.2B) Subsection (2A) applies despite any term of the site agreement providing for the intervals at which the site rent may be increased.\n(sec.193-ssec.3) In this section— CPI increase see section 69B(7).","sortOrder":387},{"sectionNumber":"sec.194","sectionType":"section","heading":"Application to tribunal to vary site agreements providing for market review","content":"### sec.194 Application to tribunal to vary site agreements providing for market review\n\nThis section applies if—\na site agreement that was in force immediately before the commencement provided for a market review of site rent as a basis for increasing site rent payable under the site agreement; and\nthe park owner considers that, because of section 69F, the operation of the residential park will not be commercially viable without significantly reducing the park owner’s capacity to carry out the park owner’s responsibilities under section 17.\nHowever, this section does not apply if—\nthe site agreement provides for 1 or more alternative bases for increasing the site rent; and\nthe alternative basis, or 1 of the alternative bases, provides for the increase in the site rent by reference to a CPI number.\nThe park owner may apply to the tribunal, within 2 years after the commencement, for an order to vary the site agreement to provide for another basis for increasing the site rent (a variation order ).\nThe application—\nmust state the terms of the variation order sought by the park owner, which must be a basis the park owner considers provides for a fair and reasonable increase in the site rent in the residential park; and\nmay relate to 1 or more site agreements for the residential park.\nIn this section—\nalternative basis see section 192(1)(b).\ns 194 ins 2024 No. 28 s 24\n(sec.194-ssec.1) This section applies if— a site agreement that was in force immediately before the commencement provided for a market review of site rent as a basis for increasing site rent payable under the site agreement; and the park owner considers that, because of section 69F, the operation of the residential park will not be commercially viable without significantly reducing the park owner’s capacity to carry out the park owner’s responsibilities under section 17.\n(sec.194-ssec.2) However, this section does not apply if— the site agreement provides for 1 or more alternative bases for increasing the site rent; and the alternative basis, or 1 of the alternative bases, provides for the increase in the site rent by reference to a CPI number.\n(sec.194-ssec.3) The park owner may apply to the tribunal, within 2 years after the commencement, for an order to vary the site agreement to provide for another basis for increasing the site rent (a variation order ).\n(sec.194-ssec.4) The application— must state the terms of the variation order sought by the park owner, which must be a basis the park owner considers provides for a fair and reasonable increase in the site rent in the residential park; and may relate to 1 or more site agreements for the residential park.\n(sec.194-ssec.5) In this section— alternative basis see section 192(1)(b).\n- (a) a site agreement that was in force immediately before the commencement provided for a market review of site rent as a basis for increasing site rent payable under the site agreement; and\n- (b) the park owner considers that, because of section 69F, the operation of the residential park will not be commercially viable without significantly reducing the park owner’s capacity to carry out the park owner’s responsibilities under section 17.\n- (a) the site agreement provides for 1 or more alternative bases for increasing the site rent; and\n- (b) the alternative basis, or 1 of the alternative bases, provides for the increase in the site rent by reference to a CPI number.\n- (a) must state the terms of the variation order sought by the park owner, which must be a basis the park owner considers provides for a fair and reasonable increase in the site rent in the residential park; and\n- (b) may relate to 1 or more site agreements for the residential park.","sortOrder":388},{"sectionNumber":"sec.195","sectionType":"section","heading":"Tribunal may appoint independent expert for application for variation order","content":"### sec.195 Tribunal may appoint independent expert for application for variation order\n\nThe tribunal may appoint an appropriately qualified and independent expert to assist the tribunal in relation to an application for a variation order.\nIf the tribunal appoints an expert under subsection (1), the park owner must pay the expert’s costs of assisting the tribunal, including—\nthe costs of preparing any advice or reports, if required, for a proceeding; and\nthe fees and allowances for giving evidence, if required, in a proceeding.\nHowever, subsection (2) applies only if, before appointing the expert, the tribunal—\ninforms the park owner of the amount the park owner is likely to be required to pay under subsection (2); and\ngives the park owner the opportunity to be heard on the matter of appointing the expert.\ns 195 ins 2024 No. 28 s 24\n(sec.195-ssec.1) The tribunal may appoint an appropriately qualified and independent expert to assist the tribunal in relation to an application for a variation order.\n(sec.195-ssec.2) If the tribunal appoints an expert under subsection (1), the park owner must pay the expert’s costs of assisting the tribunal, including— the costs of preparing any advice or reports, if required, for a proceeding; and the fees and allowances for giving evidence, if required, in a proceeding.\n(sec.195-ssec.3) However, subsection (2) applies only if, before appointing the expert, the tribunal— informs the park owner of the amount the park owner is likely to be required to pay under subsection (2); and gives the park owner the opportunity to be heard on the matter of appointing the expert.\n- (a) the costs of preparing any advice or reports, if required, for a proceeding; and\n- (b) the fees and allowances for giving evidence, if required, in a proceeding.\n- (a) informs the park owner of the amount the park owner is likely to be required to pay under subsection (2); and\n- (b) gives the park owner the opportunity to be heard on the matter of appointing the expert.","sortOrder":389},{"sectionNumber":"sec.196","sectionType":"section","heading":"Making of variation order by tribunal","content":"### sec.196 Making of variation order by tribunal\n\nThe tribunal may make a variation order in relation to a site agreement only if satisfied that—\nbecause of section 69F, a term of the site agreement providing for market review of site rent is of no effect; and\nif a variation order were not made, the operation of the residential park would not be commercially viable without significantly reducing the park owner’s capacity to carry out the park owner’s responsibilities under section 17.\nIn deciding the application, the tribunal may have regard to the following matters—\nthe expenses and financial circumstances of operating the residential park;\nthe communal facilities, services and amenities included in the site rent for the residential park;\nthe frequency, and amount, of past increases in the site rent payable under the site agreement;\nhow the site rent would differ from past increases in the site rent if a variation order were not made;\nwhether, if a variation order were not made, the park owner would be likely to meet the park owner’s obligations under the Act while obtaining a reasonable profit;\nthe bases for working out the amount of an increase in site rent for other sites in the residential park, or common bases used in comparable residential parks;\nhow the site rent payable under site agreements for sites in the residential park and the bases for working out the site rent in the residential park compare to similar residential parks;\nany written advice, reports or evidence of an expert appointed under section 195;\nany submissions received from interested parties, including the home owners committee for the residential park or home owners residing in manufactured homes positioned on sites in the residential park;\nanything else the tribunal considers relevant.\ns 196 ins 2024 No. 28 s 24\n(sec.196-ssec.1) The tribunal may make a variation order in relation to a site agreement only if satisfied that— because of section 69F, a term of the site agreement providing for market review of site rent is of no effect; and if a variation order were not made, the operation of the residential park would not be commercially viable without significantly reducing the park owner’s capacity to carry out the park owner’s responsibilities under section 17.\n(sec.196-ssec.2) In deciding the application, the tribunal may have regard to the following matters— the expenses and financial circumstances of operating the residential park; the communal facilities, services and amenities included in the site rent for the residential park; the frequency, and amount, of past increases in the site rent payable under the site agreement; how the site rent would differ from past increases in the site rent if a variation order were not made; whether, if a variation order were not made, the park owner would be likely to meet the park owner’s obligations under the Act while obtaining a reasonable profit; the bases for working out the amount of an increase in site rent for other sites in the residential park, or common bases used in comparable residential parks; how the site rent payable under site agreements for sites in the residential park and the bases for working out the site rent in the residential park compare to similar residential parks; any written advice, reports or evidence of an expert appointed under section 195; any submissions received from interested parties, including the home owners committee for the residential park or home owners residing in manufactured homes positioned on sites in the residential park; anything else the tribunal considers relevant.\n- (a) because of section 69F, a term of the site agreement providing for market review of site rent is of no effect; and\n- (b) if a variation order were not made, the operation of the residential park would not be commercially viable without significantly reducing the park owner’s capacity to carry out the park owner’s responsibilities under section 17.\n- (a) the expenses and financial circumstances of operating the residential park;\n- (b) the communal facilities, services and amenities included in the site rent for the residential park;\n- (c) the frequency, and amount, of past increases in the site rent payable under the site agreement;\n- (d) how the site rent would differ from past increases in the site rent if a variation order were not made;\n- (e) whether, if a variation order were not made, the park owner would be likely to meet the park owner’s obligations under the Act while obtaining a reasonable profit;\n- (f) the bases for working out the amount of an increase in site rent for other sites in the residential park, or common bases used in comparable residential parks;\n- (g) how the site rent payable under site agreements for sites in the residential park and the bases for working out the site rent in the residential park compare to similar residential parks;\n- (h) any written advice, reports or evidence of an expert appointed under section 195;\n- (i) any submissions received from interested parties, including the home owners committee for the residential park or home owners residing in manufactured homes positioned on sites in the residential park;\n- (j) anything else the tribunal considers relevant.","sortOrder":390},{"sectionNumber":"sec.197","sectionType":"section","heading":"Changes to way site rent to be paid","content":"### sec.197 Changes to way site rent to be paid\n\nThis section applies in relation to a site agreement that was in force immediately before the commencement if, on the commencement, the site agreement does not provide—\nat least 3 approved ways for the home owner to pay site rent under the site agreement; or\nat least 1 way for the home owner to pay site rent under the site agreement that does not incur an additional cost to the home owner.\nThe park owner must, within 12 months after the commencement, give the home owner a notice that—\nnominates at least 3 approved ways (each a nominated way ) for the payment of site rent under the site agreement, at least 1 of which is a way that does not incur an additional cost to the home owner; and\nstates that the home owner may choose to change the existing way the site rent is paid under the site agreement to a nominated way by giving notice to the park owner.\nMaximum penalty—100 penalty units.\nThe home owner may—\nby notice given to the park owner, change the existing way the site rent is paid under the site agreement to 1 of the nominated ways; or\ncontinue to pay the site rent in the existing way.\nFor sections 63A and 63B—\na nominated way under this section is taken to be a way nominated in the site agreement for the payment of site rent under the site agreement; and\nif the home owner continues to pay the site rent in the existing way—the existing way of paying the site rent is also taken to be a nominated way under the site agreement.\nIn this section—\nadditional cost , to a home owner, see section 63A(3).\ns 197 ins 2024 No. 28 s 28\n(sec.197-ssec.1) This section applies in relation to a site agreement that was in force immediately before the commencement if, on the commencement, the site agreement does not provide— at least 3 approved ways for the home owner to pay site rent under the site agreement; or at least 1 way for the home owner to pay site rent under the site agreement that does not incur an additional cost to the home owner.\n(sec.197-ssec.2) The park owner must, within 12 months after the commencement, give the home owner a notice that— nominates at least 3 approved ways (each a nominated way ) for the payment of site rent under the site agreement, at least 1 of which is a way that does not incur an additional cost to the home owner; and states that the home owner may choose to change the existing way the site rent is paid under the site agreement to a nominated way by giving notice to the park owner. Maximum penalty—100 penalty units.\n(sec.197-ssec.3) The home owner may— by notice given to the park owner, change the existing way the site rent is paid under the site agreement to 1 of the nominated ways; or continue to pay the site rent in the existing way.\n(sec.197-ssec.4) For sections 63A and 63B— a nominated way under this section is taken to be a way nominated in the site agreement for the payment of site rent under the site agreement; and if the home owner continues to pay the site rent in the existing way—the existing way of paying the site rent is also taken to be a nominated way under the site agreement.\n(sec.197-ssec.5) In this section— additional cost , to a home owner, see section 63A(3).\n- (a) at least 3 approved ways for the home owner to pay site rent under the site agreement; or\n- (b) at least 1 way for the home owner to pay site rent under the site agreement that does not incur an additional cost to the home owner.\n- (a) nominates at least 3 approved ways (each a nominated way ) for the payment of site rent under the site agreement, at least 1 of which is a way that does not incur an additional cost to the home owner; and\n- (b) states that the home owner may choose to change the existing way the site rent is paid under the site agreement to a nominated way by giving notice to the park owner.\n- (a) by notice given to the park owner, change the existing way the site rent is paid under the site agreement to 1 of the nominated ways; or\n- (b) continue to pay the site rent in the existing way.\n- (a) a nominated way under this section is taken to be a way nominated in the site agreement for the payment of site rent under the site agreement; and\n- (b) if the home owner continues to pay the site rent in the existing way—the existing way of paying the site rent is also taken to be a nominated way under the site agreement.","sortOrder":391},{"sectionNumber":"sec.198","sectionType":"section","heading":"Particular residential parks taken to be registered","content":"### sec.198 Particular residential parks taken to be registered\n\nThis section applies in relation to a residential park if, immediately before the commencement, the chief executive kept a record for the residential park under former section 139A.\nFrom the commencement—\nthe residential park is taken to have been registered by the chief executive under section 18B; and\nthe record kept for the residential park under former section 139A is taken to be information about the residential park included in the residential park register under section 18C.\nThe chief executive may, by notice given to the park owner for the residential park, require the park owner, within a stated period of at least 30 days after the notice is given, to give the chief executive information mentioned in section 18C(2) for the residential park.\nThe park owner must comply with the requirement unless the park owner has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns 198 ins 2024 No. 28 s 49\n(sec.198-ssec.1) This section applies in relation to a residential park if, immediately before the commencement, the chief executive kept a record for the residential park under former section 139A.\n(sec.198-ssec.2) From the commencement— the residential park is taken to have been registered by the chief executive under section 18B; and the record kept for the residential park under former section 139A is taken to be information about the residential park included in the residential park register under section 18C.\n(sec.198-ssec.3) The chief executive may, by notice given to the park owner for the residential park, require the park owner, within a stated period of at least 30 days after the notice is given, to give the chief executive information mentioned in section 18C(2) for the residential park.\n(sec.198-ssec.4) The park owner must comply with the requirement unless the park owner has a reasonable excuse. Maximum penalty—100 penalty units.\n- (a) the residential park is taken to have been registered by the chief executive under section 18B; and\n- (b) the record kept for the residential park under former section 139A is taken to be information about the residential park included in the residential park register under section 18C.","sortOrder":392},{"sectionNumber":"sec.199","sectionType":"section","heading":"Requirement for site agreement to be in approved form","content":"### sec.199 Requirement for site agreement to be in approved form\n\nNew section 25(1) applies only in relation to a site agreement entered into after the commencement.\ns 199 ins 2024 No. 28 s 49","sortOrder":393},{"sectionNumber":"sec.200","sectionType":"section","heading":"Assignment of home owner’s interest in site agreement started before commencement","content":"### sec.200 Assignment of home owner’s interest in site agreement started before commencement\n\nThis section applies if—\nbefore the commencement—\na seller proposed, as mentioned in former section 42, to sell a manufactured home to a buyer and assign the seller’s interest in the site agreement to the buyer; and\nthe seller gave the park owner notice under former section 45 of the proposed assignment of the seller’s interest in the site agreement; and\nimmediately before the commencement, the assignment of the seller’s interest had not become effective under former section 48.\nThis Act as in force immediately before the commencement continues to apply in relation to the assignment of the seller’s interest in the site agreement, and the sale of the manufactured home, to the buyer.\ns 200 ins 2024 No. 28 s 49\n(sec.200-ssec.1) This section applies if— before the commencement— a seller proposed, as mentioned in former section 42, to sell a manufactured home to a buyer and assign the seller’s interest in the site agreement to the buyer; and the seller gave the park owner notice under former section 45 of the proposed assignment of the seller’s interest in the site agreement; and immediately before the commencement, the assignment of the seller’s interest had not become effective under former section 48.\n(sec.200-ssec.2) This Act as in force immediately before the commencement continues to apply in relation to the assignment of the seller’s interest in the site agreement, and the sale of the manufactured home, to the buyer.\n- (a) before the commencement— (i) a seller proposed, as mentioned in former section 42, to sell a manufactured home to a buyer and assign the seller’s interest in the site agreement to the buyer; and (ii) the seller gave the park owner notice under former section 45 of the proposed assignment of the seller’s interest in the site agreement; and\n- (i) a seller proposed, as mentioned in former section 42, to sell a manufactured home to a buyer and assign the seller’s interest in the site agreement to the buyer; and\n- (ii) the seller gave the park owner notice under former section 45 of the proposed assignment of the seller’s interest in the site agreement; and\n- (b) immediately before the commencement, the assignment of the seller’s interest had not become effective under former section 48.\n- (i) a seller proposed, as mentioned in former section 42, to sell a manufactured home to a buyer and assign the seller’s interest in the site agreement to the buyer; and\n- (ii) the seller gave the park owner notice under former section 45 of the proposed assignment of the seller’s interest in the site agreement; and","sortOrder":394},{"sectionNumber":"sec.201","sectionType":"section","heading":"Application of s 62P to particular notices given before commencement","content":"### sec.201 Application of s 62P to particular notices given before commencement\n\nFrom the commencement, section 62P applies as if—\nthe reference in section 62P(1)(a) and (3)(b) to a notice of intention to sell included a reference to a notice of intention to sell given under section 62N before the commencement; and\nthe reference in section 62P(1)(c) and (3)(a) to the notice given to the eligible home owner under section 56A(3) included a reference to a notice given to the eligible home owner under section 62O before the commencement.\ns 201 ins 2024 No. 28 s 49\n- (a) the reference in section 62P(1)(a) and (3)(b) to a notice of intention to sell included a reference to a notice of intention to sell given under section 62N before the commencement; and\n- (b) the reference in section 62P(1)(c) and (3)(a) to the notice given to the eligible home owner under section 56A(3) included a reference to a notice given to the eligible home owner under section 62O before the commencement.","sortOrder":395},{"sectionNumber":"sec.202","sectionType":"section","heading":"Basis for increasing site rent under existing site agreement","content":"### sec.202 Basis for increasing site rent under existing site agreement\n\nThis section applies if—\na site agreement entered into before the commencement states a basis for working out the amount of an increase in the site rent; and\nthe basis stated in the site agreement—\nis a basis other than a basis prescribed by regulation under new section 69A(1)(b); but\nis not a market review of the site rent.\nDespite new section 69A, the basis stated in the site agreement continues to have effect.\ns 202 ins 2024 No. 28 s 49\n(sec.202-ssec.1) This section applies if— a site agreement entered into before the commencement states a basis for working out the amount of an increase in the site rent; and the basis stated in the site agreement— is a basis other than a basis prescribed by regulation under new section 69A(1)(b); but is not a market review of the site rent.\n(sec.202-ssec.2) Despite new section 69A, the basis stated in the site agreement continues to have effect.\n- (a) a site agreement entered into before the commencement states a basis for working out the amount of an increase in the site rent; and\n- (b) the basis stated in the site agreement— (i) is a basis other than a basis prescribed by regulation under new section 69A(1)(b); but (ii) is not a market review of the site rent.\n- (i) is a basis other than a basis prescribed by regulation under new section 69A(1)(b); but\n- (ii) is not a market review of the site rent.\n- (i) is a basis other than a basis prescribed by regulation under new section 69A(1)(b); but\n- (ii) is not a market review of the site rent.","sortOrder":396},{"sectionNumber":"sec.203","sectionType":"section","heading":"Transitional regulation-making power","content":"### sec.203 Transitional regulation-making power\n\nA regulation (a transitional regulation ) may make provision about a matter for which—\nit is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of this Act as in force before its amendment by the amendment Act to the operation of this Act as in force from the commencement; and\nthis Act does not provide or sufficiently provide.\nA transitional regulation may have retrospective operation to a day not earlier than the day this section commences.\nA transitional regulation must declare it is a transitional regulation.\nThis section and any transitional regulation expire on the day that is 2 years after the day this section commences.\nIn this section—\namendment Act means the Manufactured Homes (Residential Parks) Amendment Act 2024 .\ns 203 ins 2024 No. 28 s 49\nexp 20 February 2027 (see s 203(4))\n(sec.203-ssec.1) A regulation (a transitional regulation ) may make provision about a matter for which— it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of this Act as in force before its amendment by the amendment Act to the operation of this Act as in force from the commencement; and this Act does not provide or sufficiently provide.\n(sec.203-ssec.2) A transitional regulation may have retrospective operation to a day not earlier than the day this section commences.\n(sec.203-ssec.3) A transitional regulation must declare it is a transitional regulation.\n(sec.203-ssec.4) This section and any transitional regulation expire on the day that is 2 years after the day this section commences.\n(sec.203-ssec.5) In this section— amendment Act means the Manufactured Homes (Residential Parks) Amendment Act 2024 .\n- (a) it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of this Act as in force before its amendment by the amendment Act to the operation of this Act as in force from the commencement; and\n- (b) this Act does not provide or sufficiently provide.","sortOrder":397}],"analysis":{"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.3","severity":"medium","reasoning":"Section 3(1) declares the Act binds all persons including the State, while s3(2) immunises the State from prosecution. Since enforcement of many obligations in the Act is through criminal penalty, the practical effect of binding the State is substantially undermined. The Act does not provide an alternative enforcement mechanism against the State, creating an asymmetric regime.","confidence":0.72,"description":"The State is bound by the Act but cannot be prosecuted for an offence under it. This creates a situation where the State could theoretically operate a residential park, breach obligations (e.g., as a park owner), and face no criminal consequence, rendering the binding effect largely symbolic for enforcement purposes."},{"type":"circular_definition","section":"sec.5","severity":"medium","reasoning":"The saving provision in s5(1)-(2) is intended to preserve pre-existing rights. However, s5(3) qualifies those rights as only those 'consistent with this Act'. If a right is already consistent with the Act, it requires no saving. Rights that genuinely need saving are those that might conflict or overlap — yet s5(3) excludes precisely those. The provision effectively saves nothing of practical significance.","confidence":0.78,"description":"Section 5(3) defines 'a right or remedy a person would have apart from this Act' as one that is 'consistent with this Act'. This is circular: rights preserved by the saving provision are only those that are already consistent with the Act, meaning any right that conflicts with the Act cannot be preserved — yet the provision purports to preserve additional rights beyond the Act."},{"type":"circular_definition","section":"sec.13","severity":"high","reasoning":"Section 13 defines a site by reference to its availability under a site agreement. Section 14 defines a site agreement by reference to the rental of land in a residential park. Section 12 defines a residential park as including 'sites'. The chain of definitions is: site → site agreement → land in a residential park → residential park → sites → site. This is a closed definitional loop with no externally grounded anchor.","confidence":0.85,"description":"A 'site' is defined as 'land that is available for rent under a site agreement', but a site agreement (s14) is defined as an agreement providing for the rental of 'particular land in a residential park'. The definition of 'site' presupposes the existence of a site agreement, while a site agreement presupposes the existence of a site. This is a circular definitional dependency."},{"type":"self_contradicting","section":"sec.10 / sec.10A","severity":"low","reasoning":"By s10A, a converted caravan is no longer a caravan. By s10(1), a manufactured home excludes caravans (not relevant since it is no longer a caravan). Yet s10(2) separately excludes converted caravans from manufactured homes. This extra exclusion implies converted caravans would otherwise qualify as manufactured homes (since they're no longer caravans), yet they're excluded. Section 10(3) then conditionally re-includes them. The structure is convoluted and internally inconsistent in its categorisation logic.","confidence":0.75,"description":"A 'converted caravan' is defined (s10A) as something that 'is no longer a caravan because of structural addition or alteration'. Section 10(1) defines a manufactured home as a structure 'other than a caravan'. Section 10(2) says a manufactured home does not include a converted caravan. But s10(3) deems a converted caravan to be a manufactured home in certain circumstances. A converted caravan has structurally ceased to be a caravan, yet is treated as a separate excluded category from manufactured homes, only to be re-included by deeming. The logical status of a converted caravan — simultaneously not a caravan, not a manufactured home, yet deemed a manufactured home — is inherently contradictory."},{"type":"impossible_compliance","section":"sec.18B(6) and sec.18B(7)","severity":"medium","reasoning":"An information notice must ordinarily state reasons for the decision. Where the 'decision' is a statutory fiction arising from administrative inaction, there are no actual reasons to state. The chief executive would be required to issue a notice for a decision they never made, with reasons they never formulated. This creates an obligation that is impossible to comply with meaningfully.","confidence":0.8,"description":"If the chief executive fails to decide a registration application within 90 days, the application is 'taken to have been refused'. Section 18B(7) then entitles the applicant to be given an information notice 'for the decision'. However, there is no actual decision — the refusal is a legal fiction triggered by inaction. The chief executive cannot logically give an information notice for reasons they never formed, creating an impossible compliance obligation."},{"type":"self_contradicting","section":"sec.18K(2)","severity":"medium","reasoning":"The drafting error substitutes 'home owner' for 'the person' in s18K(2)(a), despite the trigger in s18K(1) being any person making a written request. The document must be given to 'the home owner' — who may bear no relationship to the requesting person. This creates either an unenforceable obligation (if the requestor is not a home owner) or an absurd one (delivering to the wrong person).","confidence":0.88,"description":"Section 18K(2) requires the park owner or other person to give 'the home owner' a copy of the comparison document within 7 days. However, s18K(1) applies when 'a person' (not necessarily a home owner) asks for the document. The requestor under s18K(1) could be any member of the public, yet s18K(2) obliges delivery to 'the home owner', which may be a different or non-existent person."},{"type":"self_contradicting","section":"sec.25(7)","severity":"medium","reasoning":"The combination of a mandatory writing requirement with criminal penalty (s25(1)) and a saving provision for unwritten agreements (s25(7)) creates a regime where the park owner bears all the risk of the penalty for non-compliance, while the home owner gains no benefit — the unwritten agreement stands. This undermines the protective intent of the writing requirement.","confidence":0.82,"description":"Section 25(1) imposes a 200 penalty unit obligation on the park owner to ensure a site agreement is written. Section 25(7) then declares that 'nothing in this section affects the enforceability of a site agreement that is not written'. This means a park owner can be criminally penalised for having an unwritten agreement, yet that same unwritten agreement remains fully enforceable. The penalty serves no protective purpose for the home owner if the defective agreement is equally binding."},{"type":"other","section":"sec.30(2)","severity":"medium","reasoning":"The policy logic is inverted: legal advice is presented as a precondition for accepting a lesser procedural protection. Typically, legal advice enables waiver of rights because the person is informed. Here, the waiver does not eliminate the disclosure requirement but reduces the time available to consider the disclosed documents — making the legally-advised person objectively worse off in terms of review time than the unadvised person.","confidence":0.7,"description":"To waive the 21-day disclosure period, a prospective home owner must obtain independent legal advice and have the waiver notice signed by their lawyer confirming this. The waiver reduces the disclosure period from 21 days to 7 days. This means a person who gets legal advice (and is presumably better informed) gets less time to consider the documents, while a person without legal advice retains the longer protection. The provision perversely penalises obtaining legal advice."},{"type":"other","section":"sec.18N(2) and sec.18N(5)","severity":"low","reasoning":"The timeline interplay between the submission period (14 days minimum), the proposed cancellation day (30 days minimum), and when the information notice is actually given creates potential timing inconsistencies. If the chief executive takes time to consider submissions before issuing the information notice, the proposed cancellation day may be imminent or past, making the s18N(5) constraint potentially impossible to honour in a meaningful way.","confidence":0.55,"description":"Section 18N(2)(c) allows the park owner to provide evidence within a 'submission period' ending not earlier than 14 days after notice. Section 18N(2)(b) sets a 'proposed cancellation day' at least 30 days after notice. Section 18N(5) states the cancellation day in the information notice must not be earlier than the proposed cancellation day OR the day the notice is given. If the chief executive gives the information notice after considering evidence submitted within the submission period (up to 14 days), the proposed cancellation day (30+ days from original notice) may already have passed, meaning the 'not earlier than' constraint in s18N(5)(b) is redundant or potentially impossible to satisfy."}],"contradictions":[{"severity":"medium","section_a":"sec.4(ssec.1) - Objects: protect home owners from unfair business practices","section_b":"sec.3(ssec.2) - State immune from prosecution","confidence":0.65,"description":"The Act's primary object is to protect home owners from unfair business practices, but if the State operates a residential park and engages in unfair practices constituting offences, no prosecution can lie against it under the Act. This directly contradicts the protective object where the State is the wrongdoer."},{"severity":"high","section_a":"sec.13 - Definition of 'site' (land available for rent under a site agreement)","section_b":"sec.14 - Definition of 'site agreement' (agreement for rental of particular land in a residential park, which includes sites per sec.12)","confidence":0.85,"description":"The definitions of 'site' and 'site agreement' are mutually self-referential. A site is defined by reference to a site agreement; a site agreement is defined by reference to land in a residential park; and a residential park is defined by reference to sites. Neither concept can be independently understood without presupposing the other."},{"severity":"medium","section_a":"sec.25(ssec.1) - Park owner must ensure site agreement is written (penalty 200 pu)","section_b":"sec.25(ssec.7) - Nothing in this section affects enforceability of unwritten site agreement","confidence":0.83,"description":"The mandatory writing requirement with criminal penalty directly contradicts the saving of enforceability for unwritten agreements. A park owner faces punishment for failing to comply with the writing requirement, yet the unwritten agreement remains fully enforceable, rendering the protective purpose of the writing requirement ineffective."},{"severity":"low","section_a":"sec.18I - Park owner must prepare comparison document (penalty 200 pu)","section_b":"sec.18G(ssec.3) - Regulation may exempt a residential park from website requirement","confidence":0.6,"description":"Section 18I unconditionally requires preparation of a comparison document with a high penalty, while the website requirement (on which publication of the comparison document depends per s18J) can be exempted by regulation. An exempted park owner would still be obliged to prepare a comparison document but have no mandated channel to publish it, creating a preparation obligation without a corresponding publication mechanism."},{"severity":"low","section_a":"sec.31E - Park owner must ensure same terms apply to buyer as seller (relevant matters)","section_b":"sec.31F - Buyer and park owner may agree to vary terms","confidence":0.58,"description":"Section 31E mandates that the buyer's site agreement must include the same terms as the seller's agreement for relevant matters. Section 31F then permits the buyer and park owner to vary those very terms. While presented as an exception, the interplay with s31G (which prohibits requiring variation as a condition of entry) creates ambiguity about when variation is genuinely voluntary versus implicitly coerced, potentially undermining the protection in s31E."},{"severity":"medium","section_a":"sec.14A(ssec.1)(g) - Dispute about whether person is entitled to have park owner enter into site agreement is a residential park dispute","section_b":"sec.14A(ssec.3)(a) - Dispute about whether person is entitled to have park owner enter into site agreement relating to a converted caravan is NOT a residential park dispute","confidence":0.68,"description":"The general inclusion in s14A(1)(g) and the specific exclusion in s14A(3)(a) are logically consistent on their face, but combined with s10(3) (which deems a converted caravan to be a manufactured home in certain circumstances), a dispute about entitlement to a deemed site agreement over a converted caravan could simultaneously fall within s14A(1)(g) (as it relates to a site agreement) and be excluded by s14A(3)(a). The deeming provision creates an unresolved tension."},{"severity":"low","section_a":"sec.16(ssec.2) - Home owner responsibilities taken to be included as terms of site agreement under sec.19","section_b":"sec.17(ssec.2) - Park owner responsibilities taken to be included as terms of site agreement under sec.19","confidence":0.5,"description":"Both s16(2) and s17(2) state that respective responsibilities are 'taken to be included as terms of a site agreement under section 19'. Section 19 itself lists these as implied terms. The double-sourcing (each section independently incorporating via s19, and s19 independently listing them) is redundant and potentially confusing as to the primary source of the obligation, though not strictly contradictory."}]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded significantly from its 2003 origins. The original focus was on regulating site agreements and fair trading between home owners and park owners. Subsequent amendments (notably 2010, 2017, and 2024) added: a mandatory registration scheme for residential parks with criminal penalties for unregistered operation; requirements to maintain park websites and publish standardised 'comparison documents'; protections for buyers of homes within parks (ensuring continuity of terms); expanded dispute resolution categories; explicit obligations around site rent declarations; and protections ensuring buyers receive independent legal advice. The 2024 amendments in particular represent a substantial broadening into active regulatory oversight of the industry, going well beyond the original bilateral contract-regulation intent."},"complexity_factors":["Multiple interlocking regulatory regimes: registration, disclosure, site agreements, rent variation, dispute resolution and park rules all interact","Layered definition structure — terms like 'home owner', 'manufactured home', 'site', 'park owner' and 'residential park dispute' have precise, multi-part legal definitions with exceptions and carve-outs (e.g. converted caravans)","Numerous penalty tiers ranging from 10 to 540 penalty units, requiring cross-referencing with penalty unit values","Extensive 2024 amendments added a new registration system (Div 2-6 of Part 4) substantially expanding compliance obligations","Cross-references to multiple other Acts (Fair Trading Inspectors Act, Residential Tenancies and Rooming Accommodation Act, etc.)","Distinction between 'standard terms' (set by regulation), 'special terms' (negotiated) and terms implied by operation of law adds contractual complexity","Tribunal application pathways with pre-conditions (e.g. s116 requirements before applying) not fully reproduced in the extracted text","Assignment rules, successor-in-title obligations and estate/deceased provisions create complex chain-of-title scenarios","The 'comparison document' framework involves both website publication requirements and physical disclosure obligations with specific timeframes"],"plain_english_summary":"## What is this law about?\n\nThis is a **Queensland law** that regulates **residential parks** — places where people own their own manufactured home (a moveable dwelling-house, like a modular home) but **rent the land (the \"site\")** it sits on from a park owner.\n\nThink of it like owning your house but leasing the block it sits on from a landlord who also runs the whole estate.\n\n---\n\n## Who does it affect?\n\n- **Home owners** — people who own a manufactured home in a residential park\n- **Park owners** — businesses or individuals who own and operate residential parks\n- **Prospective buyers** — people thinking of buying into a residential park\n- **The broader residential park industry** in Queensland\n\n---\n\n## What does it actually do?\n\n### For home owners, it:\n- **Protects you from unfair rent increases** — there are rules about when and how site rent (the amount you pay to lease your block) can go up\n- **Guarantees security of tenure** — you can't easily be kicked out\n- **Ensures you're fully informed** before signing — park owners must give you key documents (including a \"comparison document\" showing rent, facilities and fees) at least **21 days before** you sign (or 7 days if you've seen an independent lawyer first)\n- **Gives you rights to participate** in how the park is run, through home owner committees\n- **Protects you when you sell your home** — the new buyer must get the same terms you had (utilities, facilities etc.) unless both sides agree to change them\n- **Lets you challenge unfair terms** through a tribunal (a government dispute-resolution body)\n\n### For park owners, it:\n- **Requires registration** — from 2024, parks must be registered with the government or face serious fines (up to 540 penalty units, which is currently around $94,000+)\n- **Requires a website** and a publicly accessible \"comparison document\" so people can compare parks\n- **Sets minimum maintenance standards** — you must keep common areas clean and usable, ensure utility supply, and be available for contact\n- **Prohibits contracting out** — you can't write a contract that takes away home owners' rights under this law\n\n### For disputes, it:\n- Provides a **formal dispute resolution pathway** through a tribunal — covering rent disputes, park rule disagreements, assignment of agreements, and more\n\n---\n\n## Key things to know\n- A **site agreement** (the legal contract between you and the park owner) must be in writing, in plain language, in the approved form, and signed by both parties\n- **Site rent** is what you pay to lease the land — it's separate from owning your home\n- Park owners **cannot stop you getting legal advice** before signing\n- The law **overrides** any contract terms that try to reduce your rights\n- This law applies to **Queensland only** (it's a state law)"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act’s scope has expanded substantially since its original form. Originally it replaced the Mobile Homes Act 1989 to regulate site agreements and basic landlord/tenant-style protections. Amendments (notably 2010, 2017 and the 2024 package) broadened the statute into a more active regulatory regime: it now requires registration of residential parks and public disclosure (secs 18A–18C, 18G–18J), prescribes detailed consumer-protection notice regimes, creates an industry-facing buyback and rent-reduction scheme (part 9A) imposing purchase and rent-reduction obligations on park owners, and increases administrative oversight (chief executive information powers, tribunal-appointed valuers and compensation orders). These additions move the Act beyond contract terms and dispute resolution into market-structure intervention, information regulation and affirmative financial obligations on park owners. The transitional provisions (secs 186–203) further extend scope by converting legacy arrangements and creating new pathways for tribunal-ordered variation of pre-existing market-review clauses (secs 194–196)."},"complexity_factors":["Lengthy Act with many Parts and Divisions (over 200 sections and extensive transitional provisions)","Multiple amendments across years (notably 2010, 2017 and substantial 2024 amendments) increasing cross-references","Large number of defined terms and terms defined across sections and schedule 2 (sec 6 and schedule references)","Extensive conditional logic and nested exceptions (e.g. buyback eligibility, staged valuation and opt-in periods in part 9A; special-cost increases in part 11)","Numerous cross-references to other legislation and instruments (FTI Act, Personal Property Securities Act, QCAT Act, Acts Interpretation Act)","Multiple dispute-resolution layers with procedural preconditions (negotiation, mediation, tribunal—see sec 116)","Varied enforcement and relief mechanisms across different forums (tribunal, District Court, chief executive powers, fines and forfeiture)","Detailed transitional provisions changing the operation of many existing agreements (secs 147–203), adding temporal conditionality","Frequent exceptions to exceptions and differing rules depending on whether action preceded or followed specific commencement dates (transitional complexity)"],"plain_english_summary":"**What this law does (plain mechanics)**\n\n- Establishes a regulatory framework for manufactured homes (moveable homes that look like houses but aren’t permanently attached to land) and the residential parks where they sit (secs 10, 12, 14).\n- Defines the legal relationship between park owners and home owners through a \"site agreement\" (a written contract covering rent, use of the site and communal facilities) and prescribes what must, and must not, be in those agreements (secs 14, 19–26, 25B).\n- Requires disclosure and cooling-off protections for prospective home owners before they sign (disclosure documents, timing and rights to independent legal advice; secs 29–33, 30, 31A).\n- Regulates how and when site rent can be increased: standard increases tied to CPI or a fixed floor (whichever is greater), annual timing and notice rules, special-cost increases and a tribunal process to challenge excessive increases (secs 69–71, 69AA, 69B, 69E, 70, 71A–71D).\n- Creates dispute-resolution pathways: negotiated meetings, compulsory mediation, and tribunal review with a range of orders (secs 107–116, 117).\n- Sets rules for selling and assigning manufactured homes in a park, including mandatory notices, protections for buyers, limits on park-owner fees for sale services, and rules for sign placement and inspections (parts 9, 5 div 4: secs 56–62, 31C–31M).\n- Provides mechanisms for terminating site agreements and the consequences (tribunal termination for misconduct, park-owner redevelopment, voluntary termination, home-owner termination and the cooling-off refund rules; secs 32–41, 38–40A, 33–36).\n- Deals with abandonment and sale of abandoned homes: tribunal may declare a home abandoned, authorise sale, and sets how sale proceeds are applied (secs 52–55).\n- Introduces registration and public-information obligations for parks (park register; park websites; a standard comparison document that must be published and given to prospective buyers) and enforcement/penalties for operating or marketing unregistered parks (secs 18A–18Q, 18G–18L, 18P–18R).\n- Introduces a buyback and rent-reduction scheme for certain \"eligible homes\" (homes originally brought into a park by someone else): opt-in rules, valuation and buyback procedures, park-owner obligations to buy or reduce rent, enforcement and tribunal/court oversight (part 9A: secs 62A–62X, 62T–62V, 62Z–62ZE).\n- Imposes operational obligations on park owners (maintain common areas, noticeboards, emergency plans, ensure access and utilities, respect home owners’ rights) and reciprocal behavioural obligations on home owners (use site as residence, maintain home, respect neighbours) (secs 16–17, 86–105).\n- Provides record-keeping, receipts and payment method rules (approved payment methods; pay options to be nominated; receipts and 7-year record retention) (secs 63–66).\n- Establishes enforcement tools, civil remedies and administrative powers including undertakings, fines, and court orders (secs 129–131, penalties throughout).\n\n**Who is affected**\n\n- Park owners and park managers: registration, disclosure, rent-setting constraints, sale and buyback obligations, record-keeping, emergency planning and public-information duties (e.g. secs 18A–18C, 25, 69B, 18G–18J, 86A).\n- Home owners (people who own manufactured homes on sites): rights to sell, notice and disclosure protections, limits on rent increases, dispute access and compensation avenues, and obligations to keep the home in repair and use the site as a residence (e.g. secs 8, 29–35, 69–74, 56–62, 16).\n- Prospective buyers of homes in parks: entitled to disclosure documents, may use cooling-off rights and are covered by sale/assignment protections (secs 29, 30, 33, 56B–56C).\n- Residents and visitors: rules about common areas, noticeboards, emergency access, and restrictions on unreasonable interference (secs 86, 87, 87A, 89).\n- Regulators and the tribunal/courts: new administrative duties (registration, register publication, ability to require information) and expanded tribunal/court powers for termination, buybacks, valuations and compensation (secs 18B, 18C, 39C, 62J–62M, 39E, 62ZK).\n\n**Why it matters (policy rationale set out by the statute and practical trade-offs)**\n\n- The Act explicitly aims to protect home owners from unfair business practices and to give prospective and current home owners clear information to make choices (sec 4). That is achieved mechanically by: mandatory disclosure documents (sec 29), a public register and comparison document (secs 18C, 18H–18J), and detailed rules about rent variation and dispute resolution (parts 11 and 17).\n\n- Trade-offs, compliance costs and incentives to note:\n  - Information and registration duties shift administrative cost and ongoing compliance to park owners (park websites, register updates, disclosure and comparison documents: secs 18G–18L, 18E–18F). Those are recurring costs for park operators and create more transparent markets for prospective buyers.\n  - The buyback and rent-reduction scheme (part 9A) creates an obligation on park owners to purchase certain \"eligible\" homes or reduce site rent by 25% in particular situations (secs 62T, 62V). That is a concentrated potential liability for operators of parks containing eligible homes and creates a specific timing and valuation framework (secs 62I–62M, 62ZG–62ZH). It produces a strong incentive for park owners to monitor sale pathways and appoint valuers where required; it can also reduce prices paid by home owners if park owners factor potential buybacks into pricing.\n  - Caps and procedural constraints on rent increases (CPI or 3.5% cap, notice periods, tribunal review: secs 69B, 69E, 70) limit a park owner’s ability to respond immediately to sudden cost shocks. The Act provides separate mechanisms to recover genuine special costs (secs 71–71D) and tribunal discretion where commercial viability is at stake (secs 71D, 196 for transitional market-review variation).\n  - Multiple dispute-resolution stages are mandated before tribunal applications in many circumstances (mediation first; sec 116). That reduces immediate court filings but increases the procedural steps and delay to final resolution for both parties.\n  - The Act increases regulatory discretion (chief executive registration powers, tribunal valuation appointments, court orders) which improves administrative enforcement options but increases uncertainty for operators because outcomes depend on regulator and tribunal decisions (secs 18B, 18F, 39E, 62M, 195–196).\n\n- Implementation risks and enforcement costs: data requirements for valuation (secs 62ZI) and record-keeping (secs 65–66) can be operationally heavy for smaller park owners; tribunal-appointed valuers and recovery of valuer costs (secs 62ZK, 39E) create potential upfront cash demands on park owners.\n\n**Concrete behavioural effects — who pays, who decides, what changes**\n\n- Who pays: park owners shoulder most implementation costs (registration fees, websites, disclosure documents, paying for valuation costs initially, emergency plans) and may bear liability (buybacks, compensation orders, refunds) if obligations aren’t met (secs 18A, 18G–18L, 62ZK, 39C, 41).\n- Who decides: the chief executive (registration, record-keeping notices, information requests), tribunals and courts (termination orders, compensation, variation orders, valuation disputes), and parties (who must follow prescribed negotiation/mediation steps) (secs 18B, 18F, 107–116, 117, 195–196).\n- What behaviour changes: park owners must disclose more, limit certain rent-raising practices, comply with web and register requirements, and potentially buy back homes or lower rent under the buyback scheme. Home owners gain stronger disclosure, sell/assignment protections and clearer paths to challenge rent increases or seek compensation (secs 29–31, 56–62, 69–74, 62T–62V).\n\n**Key statutory references (examples)**\n- Main object and scope: sec 4.  \n- Registration and register duties: secs 18A–18F, 18C–18F.  \n- Disclosure and cooling-off: secs 29–33, 30.  \n- Site agreement content, standard and special terms: secs 19–26, 25A–25B.  \n- Rent variation rules and caps: secs 69–71, 69AA, 69B, 69E, 70.  \n- Buyback and rent reduction scheme (new scheme): part 9A (secs 62A–62X).  \n- Termination, compensation and abandonment: secs 32–41, 38–40B, 52–55.  \n- Dispute resolution and tribunal access: secs 107–116, 117.  \n- Offences and enforcement (operating unregistered park, advertising): secs 18P–18Q, many maximum penalties distributed across the Act.  \n\n**Takeaway**: The Act creates a detailed regulatory structure governing agreements, information disclosure, rent variation and dispute resolution for manufactured-home parks. Recent amendments add registration, public information, a buyback-and-rent-reduction scheme and stricter limits and processes on rent increases. That increases consumer protections and administrative oversight while imposing significant process, disclosure and potential financial obligations on park owners (see secs cited above)."},"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"},"kimi_summary":{"_metrics":{"completionTokens":1035},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The 2024 amendments (No. 28) significantly expanded the Act's scope beyond its original consumer protection framework. The new Part 9A introduced a mandatory buyback and rent reduction scheme that effectively creates a guaranteed resale market for eligible homes — a substantial intervention in property transactions. Additionally, new registration requirements (Part 4, Div 2), website and comparison document obligations (Part 4, Div 4), and enhanced disclosure requirements transformed the Act from a primarily dispute-resolution framework into an active regulatory regime with ongoing compliance obligations. The amendments also inserted new emergency planning requirements and modified existing rent increase mechanisms, indicating a shift toward more prescriptive operational standards for park owners."},"complexity_factors":["Multiple interlocking schemes: standard rent increases, special cost increases, buyback scheme, and rent reduction scheme each with different rules","Extensive cross-referencing between Parts — e.g., Part 9A (buyback scheme) references Part 5 (site agreements), Part 11 (rent variation), and Part 17 (dispute resolution)","Nested conditional logic: eligibility for buyback scheme depends on prior notice of intention to sell, appointment under selling authority, cessation of residence, and 6-month waiting period","Multiple dispute resolution pathways: park liaison committees, mediation, tribunal applications, and court orders with different time limits and preconditions","Defined terms with recursive definitions — e.g., 'home owner' includes successors in title, personal representatives, and intended occupants","Temporal complexity: buyback period has 4 alternative end dates (12 months, 14 days after probate, court order day, or tribunal-fixed day)","Penalty provisions scattered throughout with varying units (5 to 540 penalty units) and conditional exceptions","2024 amendments introduced entirely new Part 9A with 26 sections, creating parallel obligations to existing sale and rent frameworks"],"plain_english_summary":"This Queensland legislation regulates **residential parks** — communities where people own manufactured homes (prefabricated dwellings that can be moved) but rent the land they sit on.\n\n**Who it affects:**\n- **Home owners** — people who own manufactured homes positioned on sites in residential parks\n- **Park owners** — the businesses or individuals who own and operate residential parks\n- **Prospective home owners** — people looking to buy manufactured homes or enter site agreements\n\n**What the Act does:**\n\n**1. Protects home owners from unfair practices**\n- Requires clear written **site agreements** with plain language\n- Mandates **cooling-off periods** (7–28 days) where home owners can cancel agreements\n- Prohibits park owners from unreasonably refusing to enter into agreements\n- Bans threatening, intimidating, or coercive conduct\n\n**2. Regulates site rent increases**\n- Limits annual rent increases to the greater of **CPI or 3.5%**\n- Requires **35 days' notice** of any increase\n- Allows home owners to challenge excessive increases through a tribunal\n- Special rules for increases due to unexpected repairs or upgrades\n\n**3. Establishes a buyback and rent reduction scheme (new in 2024)**\n- If a home owner wants to sell but can't find a buyer, the park owner must **buy the home at market value** within 12 months\n- If unsold after 6 months, site rent must be **reduced by 25%**\n- Applies to \"eligible homes\" (homes originally sold by the park owner)\n\n**4. Requires park registration and transparency**\n- Residential parks must be **registered** with the chief executive\n- Park owners must maintain **websites** and publish **comparison documents** showing rent, facilities, and services\n- **Emergency plans** must be prepared and maintained\n\n**5. Provides dispute resolution**\n- **Park liaison committees** let home owners object to rule changes\n- **Tribunal** can resolve disputes about rent, termination, home sales, and park operations\n- Mediation is required before most tribunal applications\n\n**6. Sets basic responsibilities**\n- **Park owners** must maintain common areas, ensure quiet enjoyment, allow visitor access, and respond to complaints within 21 days\n- **Home owners** must use sites only as residences, pay rent, maintain their homes, and respect others' rights\n\n**7. Regulates home sales and assignments**\n- Home owners can sell their homes but must give notice\n- Park owners cannot unreasonably hinder sales or refuse consent to assign agreements to family members\n- Maximum fees apply when park owners act as selling agents\n\n**Why it matters:** This Act addresses the **power imbalance** between park owners (who control the land) and home owners (who own expensive assets they can't easily move). It provides security of tenure, limits rent exploitation, and ensures transparency — particularly important for retirees and lower-income residents who often live in manufactured home parks."}},"importantCases":[],"_links":{"self":"/api/acts/manufactured-homes-residential-parks-act-2003","history":"/api/acts/manufactured-homes-residential-parks-act-2003/history","analysis":"/api/acts/manufactured-homes-residential-parks-act-2003/analysis","conflicts":"/api/acts/manufactured-homes-residential-parks-act-2003/conflicts","importantCases":"/api/acts/manufactured-homes-residential-parks-act-2003/important-cases","documents":"/api/acts/manufactured-homes-residential-parks-act-2003/documents"}}