{"id":"BILL-TAS-residential-parks-bill-2026-2-of-2026","name":"Residential Parks Bill 2026","slug":"residential-parks-bill-2026","collection":"bill","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2026-01-01","administeringDepartment":null,"currentVersion":{"id":446202,"registerId":"BILL-TAS-residential-parks-bill-2026-2-of-2026:current","compilationNumber":null,"startDate":"2026-01-01","status":"in_force","reasons":null,"registeredAt":"2026-05-08T16:48:51.531Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Residential Parks Bill 2026\n\n[Bill 2]-VI\nTASMANIA\n__________\nRESIDENTIAL PARKS BILL 2026\n__________\nCONTENTS\nPART 1 – PRELIMINARY\n1. Short title\n2. Commencement\n3. Interpretation\n4. Application of Act to certain agreements\n5. Non-application of Act to certain agreements\n6. Application of Act\nPART 2 – ADMINISTRATION OF ACT\n7. Functions and powers of Director\n8. Director to maintain register of residential parks\nPART 3 – RESIDENTIAL PARK AGREEMENTS\nDivision 1 – General\n9. Application of Part\n10. Park owner to prepare residential park agreement\n11. Park owner to provide copies of residential park agreement\n12. Non-compliance not to affect validity or enforceability of\nresidential park agreement\n13. Status of certain fixed-term residential park agreements\nDivision 2 – Form of residential park agreement\n14. Residential park agreement to be in writing\n\n2\n15. Park rules form part of agreement in certain circumstances\n16. Other information to be provided to residents\nDivision 3 – Statutory terms of residential park agreements\n17. Terms form part of residential park agreement\n18. Agreement is transferrable\n19. Sale of dwelling on site\n20. Vacant possession\n21. Quiet enjoyment\n22. Access to residential park\n23. Owner to keep residential park clean and maintained\n24. Maintenance of certain services\n25. Resident to keep residential park clean and maintained\n26. Charges in respect of rented property\n27. Alterations to site by resident\n28. Vacant possession does not apply in certain circumstances\n29. Resident to comply with standard of conduct when within the\nresidential park\n30. Owner has right of entry in certain circumstances\n31. Vicarious liability of resident for guests\n32. Rights of access on death of resident\nDivision 4 – Continuation or reissue of certain agreements\n33. Interpretation of Division\n34. Certain agreements continue as periodic tenancy agreements\n35. Certain fixed agreements to be reissued\n36. Certain agreements must be reviewed before being reissued\n37. Review of agreements not required in certain circumstances\n38. Park owner must comply with Division\nDivision 5 – Offences relating to residential park agreements\n39. Park owner must provide certain information\n40. False information from resident\n41. Discrimination against residents with children\n\n3\nPART 4 – RIGHTS AND OBLIGATIONS OF PARK OWNERS AND\nRESIDENTS\nDivision 1 – Rents and other charges\n42. Certain payments for residential park agreement prohibited\n43. Security deposit not to exceed certain amount\n44. Security deposit may only be retained for certain reasons\n45. Disbursement of security deposits after end of residential park\nagreement\n46. Party to agreement may appeal security deposit disbursement\n47. Determination of disputes\n48. Payment of rent generally\n49. Payment periods for rent\n50. Variations of rent\n51. Temporary reductions of rent\n52. Tribunal may declare increase in rent excessive\n53. Park owner’s duty to keep proper records of rent\n54. Duty to give receipt for rent\n55. Property may not be taken for non-payment of rent\nDivision 2 – Obligations in relation to condition of residential parks\n56. Resident not to cause damage to residential park intentionally\n57. Restriction of access to rented property\n58. Right to recover costs of repairs\nDivision 3 – Notices to leave residential park\n59. Park owner may give person notice to leave for serious act of\nviolence\n60. Effect of notice to leave\nDivision 4 – Miscellaneous\n61. Residents committees\n62. Duty of mitigation\n\n4\nPART 5 – TRANSACTIONS RELATING TO CERTAIN\nAGREEMENTS\nDivision 1 – Sale of residential parks\n63. Residential park agreement – acquisition of park or site\n64. Change of park owner\nDivision 2 – Sale of dwelling installed on site subject to residential park\nagreement\n65. Sale of dwelling on site\n66. Sale of dwelling following death of resident\n67. Effect of Division\nPART 6 – TERMINATION OF RESIDENTIAL PARK AGREEMENTS\nDivision 1 – Terminations generally\n68. Application of Part\n69. Termination of residential park agreements\n70. Form of notice of termination\n71. Effect of notice of termination\n72. Resident to give forwarding address if agreement terminated\n73. Tribunal approval required for termination in certain\ncircumstances\nDivision 2 – Termination by either party to agreement\n74. Termination for breach of agreement\n75. Termination if successive breaches of agreement\n76. Termination at end of fixed term\n77. Termination when agreement frustrated\nDivision 3 – Termination by park owner\n78. Termination due to serious misconduct by resident\n79. Termination of periodic tenancy agreement due to sale of rented\nproperty\n80. Termination due to change of use or redevelopment\nDivision 4 – Termination by resident\n81. Termination where notice given under section 80\n\n5\nDivision 5 – Termination by Tribunal\n82. Termination on application by park owner\n83. Termination on application by resident\n84. Termination based on hardship of either party to agreement\nDivision 6 – Abandoned property\n85. Interpretation\n86. Offence to deal with abandoned property in unauthorised way\n87. Action to deal with abandoned property other than personal\ndocuments\n88. Action to deal with abandoned personal documents\n89. Actions to deal with valuable abandoned property\n90. Action to deal with protected abandoned property\nPART 7 – PARK RULES\n91. Park rules\n92. Amendment of park rules\n93. Application to Tribunal if park rules are considered unreasonable\nPART 8 – LEGAL PROCEEDINGS\nDivision 1 – Proceedings generally\n94. Application of Part\n95. Jurisdiction of Tribunal\n96. Applications not affected by certain matters\n97. Power to intervene\nDivision 2 – Powers of Tribunal\n98. General powers of Tribunal to resolve disputes\n99. Tribunal may make orders\n100. Tribunal may rescind or vary unfair or unconscionable terms\n101. Park owner may make urgent application to terminate residential\npark agreement\nDivision 3 – Appeals to Tribunal\n102. Resident may appeal refusal to transfer agreement\n103. Party to agreement may appeal termination notice\n\n6\n104. Party to agreement may appeal termination of agreement\n105. Party to agreement may appeal disbursement of security deposit\nDivision 4 – Repossession of rented property\n106. Order for possession\n107. Abandonment of rented property\n108. Repossession of rented property\n109. Forfeiture of head tenancy not to end agreement automatically\nDivision 5 – Enforcement of orders for possession\n110. Enforcement of orders for possession\nDivision 6 – Retaliatory action by park owner\n111. Retaliatory action by park owner\nPART 9 – MISCELLANEOUS\n112. Certain documents and terms void\n113. Notice by park owner not waived by acceptance of rent\n114. Park owner must have safety evacuation plan\n115. Infringement notices\n116. Effect of prosecution on civil liability\n117. Regulations\n118. Administration of Act\n119. Consequential amendments\nSCHEDULE 1 – TRANSITIONAL PROVISIONS\nSCHEDULE 2 – CONSEQUENTIAL AMENDMENTS\n\n[Bill 2] 7\nRESIDENTIAL PARKS BILL 2026\nThis Public Bill originated in the House of Assembly, and, having this day passed, is\nnow ready for presentation to the Legislative Council for its concurrence.\nLAURA ROSS, Clerk of the House\n24 March 2026\n(Brought in by the Minister for Justice, Corrections and\nRehabilitation, the Honourable Guy Barnett)\nA BILL FOR\nAn Act to regulate residential parks and agreements\nbetween park owners and residents in those parks and for\nrelated purposes\nBe it enacted by Her Excellency the Governor of Tasmania, by\nand with the advice and consent of the Legislative Council and\nHouse of Assembly, in Parliament assembled, as follows:\nPART 1 – PRELIMINARY\n1. Short title\nThis Act may be cited as the Residential Parks\nAct 2026.\n2. Commencement\nThis Act commences on a day to be proclaimed.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 3 Part 1 – Preliminary\n8\n3. Interpretation\n(1) In this Act, unless the contrary intention\nappears –\nabandoned property – see Division 6 of\nPart 6;\napproved form means a form approved by the\nDirector;\nCommissioner has the same meaning as in the\nResidential Tenancy Act 1997;\ncommon area, in relation to a residential park,\nmeans any facilities, building, road or\nother area in the park provided for\ncommon use by residents of the park;\nDirector has the same meaning as in the\nConsumer Affairs Act 1988;\ndwelling includes –\n(a) a structure, whether fixed or\nmoveable, that is designed to be\nused, and is capable of being\nused, for human habitation; and\n(b) a motor vehicle, or trailer, within\nthe meaning of the Vehicle and\nTraffic Act 1999, that is designed\nto be used and is capable of being\nused for human habitation; and\n(c) part of such a structure, motor\nvehicle or trailer;\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 1 – Preliminary s. 3\n9\nforwarding address, in relation to a resident\nof a residential park, means a postal\naddress for the resident after the resident\nceases to be a resident of the park;\nnotice of termination means a notice that\ncomplies with the requirements of\nsection 70;\noccupied site, in relation to a residential park,\nmeans a site in the park in respect of\nwhich a resident has a right of\noccupation;\npark owner, in relation to a residential park,\nincludes –\n(a) the current owner or operator of\nthe residential park; and\n(b) a successor in title to the\nresidential park (or rented\nproperty) whose title is subject to\nthe interest of one or more\nresidents; and\n(c) a former owner or operator of the\nresidential park;\npark rules, in relation to a residential park,\nmeans rules made by the park owner of\nthe park under section 91;\nperiodic tenancy agreement – see\nsection 13(2);\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 3 Part 1 – Preliminary\n10\npersonal representative has the same meaning\nas in the Administration and Probate Act\n1935;\nregulations means the regulations made under\nthis Act;\nrent means an amount payable under a\nresidential park agreement for the right to\noccupy the rented property for a period\nunder the agreement;\nRental Deposit Authority means the Rental\nDeposit Authority established under\nsection 48K of the Residential Tenancy\nAct 1997;\nrented property, in relation to a residential\npark agreement, means –\n(a) the site in respect of which the\nright of occupancy is granted\nunder the agreement; and\n(b) in so far as the context of the\nagreement permits, property\nthat –\n(i) is owned by the park\nowner; and\n(ii) does not form part of the\nsite; and\n(iii) is provided by the park\nowner, either under the\nagreement or\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 1 – Preliminary s. 3\n11\nindependently of the\nagreement, for use by the\nresident;\nresident, in relation to a residential park,\nmeans a person who is granted a right of\noccupancy under a residential park\nagreement, or by the operation of this\nAct, in respect of the residential park and\nincludes a former resident;\nresidential park means an area of land used or\nintended to be used as a complex of lots\ntogether with common areas such as, but\nnot limited to, bathrooms, toilets and\nlaundry facilities –\n(a) in respect of which rights of\noccupancy are conferred under\none or more residential park\nagreements; and\n(b) regardless of whether the area of\nland includes –\n(i) any structures or\ndwellings; and\n(ii) sites that are available for\nhire other than under a\nresidential park\nagreement;\nresidential park agreement includes –\n(a) an agreement under which a park\nowner grants another person, for\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 3 Part 1 – Preliminary\n12\nconsideration, a right (which\nmay, but need not, be an\nexclusive right) –\n(i) to occupy a site in the\nresidential park; and\n(ii) to occupy, install or locate\na dwelling on the site for\nresidential purposes; and\n(b) an agreement that is collateral to\nan agreement referred to in\nparagraph (a);\nresidential park dispute means –\n(a) a claim under a residential park\nagreement; or\n(b) a dispute between parties or\nformer parties to a residential\npark agreement about matters\narising under the agreement or\nthis Act; or\n(c) any matter that may be the\nsubject of an application under\nthis Act to the Tribunal;\nresidents committee, in relation to a\nresidential park, means a committee\nestablished under section 61(1) in respect\nof that park;\nSecretary means the Secretary of the\nDepartment;\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 1 – Preliminary s. 3\n13\nsecurity deposit, in relation to a residential\npark agreement, means an amount that a\nresident is required to pay, under a\nprovision of the agreement, as security\nfor the performance of obligations under\nthe agreement or this Act;\nsite means a lot of a residential park to which\na residential park agreement relates;\nstatutory charges includes –\n(a) rates within the meaning of Part 9\nof the Local Government Act\n1993; and\n(b) land tax under the Land Tax Act\n2000; and\n(c) any other charges, levies or fees\nprescribed for the purposes of this\ndefinition;\nTribunal means the Tasmanian Civil and\nAdministrative Tribunal;\nworking day, in relation to a residential park,\nmeans a day other than –\n(a) a Saturday or Sunday; or\n(b) a statutory holiday, within the\nmeaning of the Statutory\nHolidays Act 2000, in the area in\nwhich the residential park is\nlocated.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 4 Part 1 – Preliminary\n14\n(2) In this Act, a residential park agreement includes\nan agreement granting a corporation a right in\nrespect of a site that is occupied, or intended to\nbe occupied, as a place of residence by a natural\nperson determined by the corporation.\n(3) For the purposes of this Act, evidence that the\naddress of a residential park is the person’s\nresidential address on the electoral roll is to be\ntaken, in the absence of proof to the contrary, to\nbe proof that a site in the residential park is the\nperson’s principal place of residence.\n4. Application of Act to certain agreements\n(1) This Act applies to –\n(a) an agreement that confers on a person a\nright to occupy a site in a residential park\nif –\n(i) that site is, or is to be, the\nperson’s principal place of\nresidence; and\n(ii) the agreement confers a right on\nthe person to occupy that site for\na term of 90 days or longer; and\n(b) an agreement that is entered into for the\npurpose of conferring on a person a right\nto occupy a site in a residential park –\n(i) for a fixed term of 90 days or\nlonger; or\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 1 – Preliminary s. 5\n15\n(ii) that, when read in connection\nwith any other agreement, confers\non the same person a right to\noccupy the site for consecutive\nfixed terms, the sum of which is\n90 days or longer; and\n(c) an agreement of a class of agreements\nthat is prescribed as a class of agreements\nto which this Act applies.\n(2) For the purposes of this Act, evidence that a\nperson has, under an agreement, occupied a site\nin a residential park for 90 days or longer is to be\ntaken, in the absence of proof to the contrary, to\nbe proof that the agreement is an agreement to\nwhich this Act applies.\n(3) A calculation of how long a person has occupied\na site for the purposes of subsection (2) does not\ninclude any period of occupation of the site by\nthe person –\n(a) while the person does not have an\nagreement in force in respect of the site;\nand\n(b) after the owner of the site has lawfully\ntaken actions to remove the person from\nthe site.\n5. Non-application of Act to certain agreements\n(1) This Act does not apply to –\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 5 Part 1 – Preliminary\n16\n(a) an agreement that is entered into for the\npurpose of conferring on a person a right\nto occupy a site, or dwelling, in a\nresidential park for a holiday; or\n(b) an agreement that confers on a person a\nright to periodically occupy a site, or\ndwelling, in a residential park if the site\nor dwelling is not, or is not to be, the\nperson’s principal place of residence; or\n(c) a residential tenancy agreement within\nthe meaning of the Residential Tenancy\nAct 1997; or\n(d) an agreement giving a right of occupancy\nin –\n(i) a hotel or motel; or\n(ii) an educational institution,\ncollege, hospital or nursing home;\nor\n(iii) club premises; or\n(iv) a home for aged or disabled\npersons administered by an\neligible organisation under the\nAged or Disabled Persons Care\nAct 1954 of the Commonwealth;\nor\n(v) a retirement village within the\nmeaning of the Retirement\nVillages Act 2004; or\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 1 – Preliminary s. 6\n17\n(vi) prescribed premises or premises\nof a prescribed class of premises;\nor\n(e) an agreement under which a person\nboards or lodges with another person; or\n(f) an agreement for the sale of land that\nconfers a right, on a party to the\nagreement, to occupy the land; or\n(g) a mortgage; or\n(h) a prescribed agreement or an agreement\nof a prescribed class of agreements.\n(2) If there is a dispute as to whether or not this\nsection applies to an agreement, the Director is\nto determine the dispute.\n(3) For the purposes of this section, a term in an\nagreement to the effect that a right is conferred\nby the agreement to occupy a site in a residential\npark for a holiday is not of itself sufficient\nevidence that the agreement is not an agreement\nto which this Act applies.\n6. Application of Act\nUnless the contrary intention appears, this Act is\nin addition to, and does not derogate from, the\nprovisions of any other Act.","sortOrder":0},{"sectionNumber":"retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"Residential Parks Act 2026\nAct No. of 2026\ns. 7 Part 2 – Administration of Act\n18\nPART 2 – ADMINISTRATION OF ACT\n7. Functions and powers of Director\n(1) The Director has the following functions and\npowers:\n(a) to investigate and research matters that\naffect the interests of parties to\nresidential park agreements;\n(b) to publish reports and information on\nmatters of interest to the parties to\nresidential park agreements;\n(c) to publish information relating to any\nactions that may be taken by the Director\nunder this Act including, but not limited\nto, enforcement actions;\n(d) to give advice, if appropriate, on the\nprovisions of this Act and other subjects\nof interest to the parties to residential\npark agreements;\n(e) to investigate suspected infringements of\nthis Act and taking appropriate action to\nenforce the Act;\n(f) to maintain the register under section 8 in\nrespect of the State;\n(g) to report to the Minister on questions\nreferred to the Director by the Minister\nand other questions of importance\naffecting the administration of this Act.\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 2 – Administration of Act s. 8\n19\n(2) The Director may delegate to any person one or\nmore of the Director’s functions or powers under\nthis Act, other than this power of delegation.\n8. Director to maintain register of residential parks\n(1) The Director must establish and maintain a\nregister including the following information:\n(a) the name and address of each residential\npark within the State;\n(b) the name of, and contact details for, each\npark owner of a residential park within\nthe State;\n(c) any other prescribed particulars.\n(2) A park owner of a residential park must notify\nthe Director in writing –\n(a) of the name and contact details for each\npark owner of the residential park; and\n(b) such other information as is prescribed.\nPenalty: Fine not exceeding 100 penalty units.\n(3) If there is a change in any of the particulars,\nspecified in subsection (2) in respect of a park\nowner, the park owner must notify the Director,\nin writing and within 10 working days of the\nchange, of the details of that change.\nPenalty: Fine not exceeding 100 penalty units.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 8 Part 2 – Administration of Act\n20\n(4) If a residential park ceases to be operated as a\nresidential park, the park owner must notify the\nDirector, in writing and within 10 working days\nof the change, of that fact.\nPenalty: Fine not exceeding 100 penalty units.\n(5) The Director must ensure that the information\nincluded in the register is published on a website\nthat is freely available to members of the public.\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 3 – Residential Park Agreements s. 9\n21\nPART 3 – RESIDENTIAL PARK AGREEMENTS\nDivision 1 – General\n9. Application of Part\nFor the avoidance of doubt, this Part applies to a\nresidential park agreement, regardless of whether\nthe agreement is the first agreement, a reissued\nagreement, a transferred agreement or a\nsubsequent agreement.\n10. Park owner to prepare residential park agreement\n(1) The park owner of a residential park –\n(a) is to ensure that a written residential park\nagreement is prepared, in respect of the\npark, that complies with this Act; and\n(b) is liable for any costs incurred by the\nowner in the preparation of such an\nagreement.\n(2) The Director may publish a model residential\npark agreement that may be used, or adapted, by\npark owners.\n11. Park owner to provide copies of residential park\nagreement\n(1) A park owner must ensure that each prospective\nresident of a residential park receives a copy of\nthe proposed residential park agreement, to be\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 12 Part 3 – Residential Park Agreements\n22\nentered into by the prospective resident, before\nthe resident signs the agreement.\nPenalty: Fine not exceeding 100 penalty units.\n(2) If a park owner and resident enter into a\nresidential park agreement, the park owner must\nprovide the resident with a copy of the\nagreement, as executed by all parties, within 14\ndays after the agreement is fully executed.\nPenalty: Fine not exceeding 100 penalty units.\n12. Non-compliance not to affect validity or\nenforceability of residential park agreement\nExcept as otherwise specified, a residential park\nagreement is not rendered void or unenforceable\nby non-compliance with a requirement of this\nPart.\n13. Status of certain fixed-term residential park\nagreements\n(1) In this section –\nfixed short term, in relation to a residential\npark agreement, means an agreement that\nis in force for a fixed period of 90 days or\nless.\n(2) If a residential park agreement is in force for a\nfixed short term, the agreement is taken to be a\nperiodic tenancy agreement, with a period\nequivalent to the fixed period specified in the\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 3 – Residential Park Agreements s. 13\n23\nagreement, unless the park owner establishes\nthat –\n(a) the resident –\n(i) requested the fixed period\nspecified in the agreement; and\n(ii) at the time of entering into the\nagreement, did not intend to\nrenew or extend the agreement;\nor\n(b) before agreement was entered into –\n(i) the park owner gave the resident\na warning notice in the approved\nform; and\n(ii) in accordance with the warning\nnotice, the resident signed a\nstatement in the approved form\nthat the resident –\n(A) is aware of the fixed\nperiod; and\n(B) does not expect to\ncontinue in occupation of\nthe rented property after\nthe end of the agreement.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 14 Part 3 – Residential Park Agreements\n24\nDivision 2 – Form of residential park agreement\n14. Residential park agreement to be in writing\n(1) A residential park agreement under this Act\nmust –\n(a) be in writing and in language that is clear\nand precise; and\n(b) clearly, and precisely, identify the site to\nwhich the agreement relates; and\n(c) include –\n(i) the terms deemed to be included\nunder this Act; and\n(ii) the terms prescribed as terms for\nresidential park agreements; and\n(d) state –\n(i) the park owner’s full name and\naddress for service of documents\non the park owner; and\n(ii) if the park owner is a company –\nthe address of the registered\noffice of the company; and\n(iii) the resident’s full name and place\nof occupation; and\n(e) subject to subsection (3), be signed by\nthe parties; and\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 3 – Residential Park Agreements s. 14\n25\n(f) if the residential park to which the\nagreement relates has park rules, include\na copy of those rules as in force at the\ntime at which the agreement is entered\ninto; and\n(g) comply with any other prescribed\nrequirements for a residential park\nagreement.\n(2) If a term of a residential park agreement requires\ninformation to be included in the agreement, that\nterm only forms part of the agreement if the\ninformation is included as required.\n(3) The following types of residential park\nagreements do not need to be signed by the\nparties for the agreements to be in force under\nthis Act:\n(a) a periodic tenancy agreement that arises\nunder section 34, if the agreement\nincludes the date, or approximate date,\non which the resident was first granted\nthe right to occupy the site, if known;\n(b) a reissued agreement provided to a\nresident under section 35(1)(b).\n(4) A park owner of a residential park must not enter\ninto a residential park agreement, for a site in\nthat residential park, that does not comply with a\nrequirement of this section.\nPenalty: Fine not exceeding 100 penalty units.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 15 Part 3 – Residential Park Agreements\n26\n15. Park rules form part of agreement in certain\ncircumstances\n(1) If park rules are in force in respect of a\nresidential park, those rules, as in force from\ntime to time, are to be taken to form part of\nevery residential park agreement in force in\nrespect of the park.\n(2) If the park rules in respect of a residential park\nare amended under this Act, the relevant park\nowner must ensure that each resident of the\npark –\n(a) is provided with a written copy of the\namendment; and\n(b) is notified that the amendment forms part\nof the residential park agreement from\nthe date specified in the notice.\nPenalty: Fine not exceeding 100 penalty units.\n(3) For the avoidance of doubt, if a park owner fails\nto comply with subsection (2) in respect of an\namendment to the park rules, that amendment\ndoes not –\n(a) form part of a residential park agreement;\nand\n(b) apply in respect of the park.\n16. Other information to be provided to residents\n(1) A park owner of a residential park must ensure\nthat each resident of the park is given the\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 3 – Residential Park Agreements s. 16\n27\nfollowing material, in an approved form, in\naccordance with this section:\n(a) a written notice stating –\n(i) each charge payable by the\nresident in accordance with\nrequirements imposed under\nsection 26 in respect of the park;\nand\n(ii) any services provided to residents\nby the park owner on a fee-for-\nservice basis;\n(b) a written notice stating –\n(i) the park owner’s full name and\naddress for service of documents;\nand\n(ii) if the park owner is a company –\nthe address of the registered\noffice for the company; and\n(iii) contact details for a person who,\non behalf of the park owner,\ncarries out emergency repairs to\nthe rented property or common\nareas of the park;\n(c) a written notice stating –\n(i) whether the resident is entitled to\nthe payment of any amount (other\nthan a security deposit) at the\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 16 Part 3 – Residential Park Agreements\n28\ntime when the resident ceases to\noccupy the rented property; and\n(ii) if a resident is entitled to a\npayment referred to in\nsubparagraph (i) –\n(A) the amount that is payable\nunder that entitlement; or\n(B) the method that is to be\nused to determine the\namount that is payable\nunder that entitlement;\nand\n(iii) any other prescribed information;\n(d) a statement that –\n(i) discloses all information that the\npark owner is required, by law, to\ndisclose to the resident; and\n(ii) specifies the resident’s rights to\nsell or relocate a dwelling on the\nsite;\n(e) a report on the condition of the site on or\nbefore the day on which the resident\noccupies the site including, but not\nlimited to, the general state of repair and\ncondition of the site;\n(f) each prescribed publication, if any.\n(2) The material referred to in subsection (1) –\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 3 – Residential Park Agreements s. 16\n29\n(a) must be given to the resident before, or at\nthe time at which, the park owner and\nresident enter into a residential park\nagreement; or\n(b) may be given to a resident after the park\nowner and resident enter into the\nresidential park agreement if –\n(i) the agreement is for a term of 90\ndays or less; and\n(ii) the resident has, by notice in\nwriting, waived the requirement\nto be provided with the material\nbefore entering into the\nagreement.\n(3) In addition to any information required to be\ngiven to a resident under this Act, a park owner\nmust also ensure that a resident is given, before\nor at the time when the resident commences\noccupation of rented property –\n(a) a copy of the manufacturers’ manuals for\nthe appliances and devices provided for\nthe use of the resident as part of the\ncommon areas of the residential park; or\n(b) written or oral instructions about the\noperation of any such appliances and\ndevices.\nPenalty: Fine not exceeding 100 penalty units.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 17 Part 3 – Residential Park Agreements\n30\nDivision 3 – Statutory terms of residential park agreements\n17. Terms form part of residential park agreement\n(1) Each term specified in this Division forms part\nof a residential park agreement in force in\nrespect of a site.\n(2) A term specified in a residential park agreement\nis void to the extent that that term attempts to\noverride, defeat, evade or prevent the operation\nof a term specified in this Division.\n18. Agreement is transferrable\n(1) It is a term of a residential park agreement that –\n(a) the resident is entitled to request, in\nwriting, that the park owner transfer the\nresidential park agreement from the\nresident to another person nominated by\nthe resident; and\n(b) the park owner must not unreasonably\nrefuse the transfer of the residential park\nagreement from the resident to another\nperson nominated by the resident; and\n(c) the park owner must respond to a request\nby a resident to transfer the residential\npark agreement within 14 days after the\nrequest is made or such further period as\nmay be agreed by the resident and park\nowner.\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 3 – Residential Park Agreements s. 18\n31\n(2) If a residential park agreement specifies terms in\nrespect of the transfer of the agreement that are\nin addition to subsection (1) –\n(a) the term is void to the extent that the\nterm –\n(i) prevents the transfer of the\nagreement; or\n(ii) requires the resident, or proposed\nnew resident, to pay to the park\nowner an amount of\nconsideration for the transfer; or\n(iii) requires the proposed new\nresident to pay the resident an\namount of consideration for the\ntransfer; and\n(b) any transfer of a residential park\nagreement must be in accordance with\nthe terms specified in the agreement.\n(3) If a residential park agreement is to be\ntransferred to a new resident in accordance with\nthis section, nothing in this section prevents –\n(a) the park owner and the proposed new\nresident from agreeing to a variation of\nthe terms and conditions of the\nagreement, as permitted under this Act,\nas part of the transfer of the agreement;\nand\n(b) the transfer from being made conditional\non the sale of a dwelling, to the proposed\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 19 Part 3 – Residential Park Agreements\n32\nnew resident, on the site to which the\nagreement relates.\n(4) Without limiting the generality of\nsubsection (1)(b), the regulations may prescribe\ngrounds that are reasonable grounds for refusing\na transfer of a residential park agreement under\nthis section.\n19. Sale of dwelling on site\n(1) It is a term of a residential park agreement that\nthe resident is entitled to sell the dwelling, if\nowned by the resident and located on the site to\nwhich the agreement relates, while the dwelling\nis in place on the site.\n(2) It is a term of a residential park agreement that if\na resident intends to sell a dwelling owned by\nthe resident that is located on the site to which\nthe agreement relates –\n(a) the resident must inform the park owner,\nin writing, of the intention to offer the\ndwelling for sale; and\n(b) give the park owner a first option to\npurchase the dwelling (for a market value\nagreed between the resident and the park\nowner).\n(3) For the purposes of subsection (2), the market\nvalue of a dwelling is a reference to –\n(a) an independent valuation of the dwelling;\nor\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 3 – Residential Park Agreements s. 20\n33\n(b) the last sale price for the dwelling,\nincluding the last price at which a\ncontract for sale was entered into for the\ndwelling; or\n(c) the value of the dwelling calculated as\nprescribed.\n(4) It is a term of a residential park agreement that –\n(a) if a resident intends to sell a dwelling\nowned by the resident; and\n(b) the resident has informed the owner of\nthe resident’s intention to sell as required\nunder subsection (2); and\n(c) no agreement is reached as to the sale of\nthe dwelling within the period of 14 days\nafter the park owner is so informed of the\nintention to sell under subsection (2) –\nthe park owner’s option to purchase lapses and\nthe dwelling may be offered for sale to other\nparties.\n20. Vacant possession\n(1) It is a term of a residential park agreement that\nthe resident is entitled to vacant possession of\nthe rented property, from the day on which the\nright of occupancy under the agreement begins,\nother than a part of the rented property in respect\nof which a right of exclusive occupation is not\ngiven by the agreement.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 21 Part 3 – Residential Park Agreements\n34\n(2) It is a term of a residential park agreement that\nthe park owner must ensure that there is no legal\nimpediment, of which the park owner has or\nought to have knowledge, to the resident’s\noccupation of the rented property as a place of\nresidence for the period of operation of the\nagreement.\n21. Quiet enjoyment\nIt is a term of a residential park agreement that –\n(a) the resident is entitled to quiet enjoyment\nof the rented property without\ninterruption by –\n(i) the park owner or a person\nclaiming to be employed or\nengaged by the park owner; or\n(ii) a person with superior title to the\npark owner’s title; and\n(b) the park owner must not cause or permit\nan interference with the reasonable\npeace, comfort or privacy of the resident\nin the resident’s use of the rented\nproperty or with the reasonable use or\nenjoyment by the resident of common\nareas of the residential park; and\n(c) the park owner must take reasonable\nsteps to prevent others from causing or\npermitting interference with the\nreasonable peace, comfort or privacy of\nthe resident –","sortOrder":1},{"sectionNumber":"retrieval-0003","sectionType":"document_chunk","heading":"Document excerpt 3","content":"Residential Parks Act 2026\nAct No. of 2026\nPart 3 – Residential Park Agreements s. 22\n35\n(i) in the resident’s use of the rented\nproperty; or\n(ii) with the reasonable use or\nenjoyment by the resident of\ncommon areas of the residential\npark.\n22. Access to residential park\n(1) It is a term of a residential park agreement that\nthe park owner must provide the following\naccess for the resident –\n(a) 24 hours access to the rented property\nincluding, but not limited to, vehicular\naccess; and\n(b) 24 hours access to the residential park\nand any common area bathroom and\ntoilet facilities of the park; and\n(c) access during all reasonable hours for the\nresident to any other common areas of\nthe park.\n(2) It is a term of a residential park agreement that,\nif the park owner has installed a lock or device to\nrestrict entry to the residential park, or some part\nof the residential park to which it is agreed that\nthe resident may have access, the park owner\nmust –\n(a) give the resident a means of operating the\nlock or device to enable the resident to\nfreely enter and exit the residential park –\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 22 Part 3 – Residential Park Agreements\n36\n(i) in the case of a lock or device in\nplace at the commencement of\nthe agreement – at or before the\ncommencement of the agreement;\nand\n(ii) in the case of a lock or device\ninstalled or changed during the\nterm of the agreement – before\nthe lock or device is in operation;\nand\n(b) maintain the lock or device in working\norder.\n(3) It is a term of a residential park agreement that\nthe park owner must not refuse access to a site\nfor guests, and other people, visiting the resident\nat any reasonable hour of the day.\n(4) For the avoidance of doubt, nothing in\nsubsection (3) prevents a park owner from taking\nreasonable actions in relation to security and\nsafety when permitting persons onto the site\nincluding, but not limited to –\n(a) requiring persons to sign into and out of\nthe residential park when visiting a\nresident; and\n(b) requiring persons to comply with park\nrules and regulations while visiting a\nresident.\n(5) A park owner must not, without lawful excuse,\nrefuse access to the residential park or a site of\nthe residential park.\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 3 – Residential Park Agreements s. 23\n37\nPenalty: Fine not exceeding 100 penalty units.\n23. Owner to keep residential park clean and\nmaintained\n(1) It is a term of a residential park agreement that\nthe park owner must –\n(a) ensure that the rented property is in a\nreasonable state of cleanliness when the\nresident enters into occupation of the\nrented property; and\n(b) keep the common areas of the residential\npark and any garden or other areas in the\npark in a reasonable state of cleanliness;\nand\n(c) arrange for the regular collection of the\ngarbage of residents and any other\ngarbage in the residential park.\n(2) It is a term of a residential park agreement that\nthe park owner must –\n(a) ensure that the rented property and the\ncommon areas of the residential park are\nin a reasonable state of repair when the\nresident enters into occupation of the\nrented property; and\n(b) keep the rented property and the common\nareas of the residential park in a\nreasonable state of repair having regard\nto their age, character and prospective\nlife; and\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 24 Part 3 – Residential Park Agreements\n38\n(c) comply with statutory requirements\naffecting the rented property and the\ncommon areas of the residential park;\nand\n(d) if required to carry out repairs to\ncommon area bathroom, toilet or laundry\nfacilities, minimise inconvenience or\ndisruption to the resident and, if\nnecessary, provide temporary substitute\nfacilities.\n(3) The obligation to repair under subsection (2) –\n(a) applies even though the resident had\nnotice of the state of disrepair before\nentering into occupation of the rented\nproperty; and\n(b) does not apply in respect of a defect\nunless the park owner –\n(i) has been informed of the defect\nrequiring repair; and\n(ii) fails to act with reasonable\ndiligence to have the defect\nrepaired.\n24. Maintenance of certain services\n(1) In this section –\nrelevant services, in relation to a site,\nincludes –\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 3 – Residential Park Agreements s. 25\n39\n(a) the supply of water, electricity or\nheating services to the site; and\n(b) the removal of grey water from\nthe site; and\n(c) such other services as are\nprescribed for the purposes of this\ndefinition.\n(2) If relevant services are provided as part of the\nterms of a residential park agreement, it is a term\nof the residential park agreement that –\n(a) the park owner must take all reasonable\nsteps to maintain the relevant services\nwhile the agreement is in force; and\n(b) if the relevant services are disconnected\nat any time while the agreement is in\nforce, the park owner must take all\nreasonable steps to re-establish the\nconnection to the relevant services.\n25. Resident to keep residential park clean and\nmaintained\n(1) It is a term of a residential park agreement that\nthe resident –\n(a) must keep the rented property in a\nreasonable state of cleanliness; and\n(b) must notify the park owner of damage\nto –\n(i) the rented property; or\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 26 Part 3 – Residential Park Agreements\n40\n(ii) any common areas of the\nresidential park caused by the\nresident or a person permitted on\nthe rented property or the park by\nthe resident; and\n(c) must not intentionally or negligently\ncause or permit damage to the rented\nproperty or any common areas of the\nresidential park.\n(2) It is a term of a residential park agreement that,\nat the end of the agreement, the resident must\ngive the rented property back to the park owner\nin reasonable condition and in a reasonable state\nof cleanliness.\n(3) In deciding under subsection (2) whether\nproperty is in reasonable condition, its condition\nwhen the resident entered into occupation of it,\nand the probable effect of reasonable wear and\ntear since that time, must be taken into account.\n26. Charges in respect of rented property\n(1) Without limiting the effect of section 42, it is a\nterm of a residential park agreement that the park\nowner must bear all statutory charges imposed in\nrespect of the rented property.\n(2) Despite subsection (1), a term of the residential\npark agreement may require a resident to pay –\n(a) charges levied by a regulated entity,\nwithin the meaning of the Water and\nSewerage Industry Act 2008, for water\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 3 – Residential Park Agreements s. 26\n41\nconsumed at the rented property, if water\nconsumption at the rented property is\nseparately metered; and\n(b) charges based on the level of the gas\nconsumption at the rented property if gas\nconsumption at the rented property is\nseparately metered; and\n(c) charges based on the level of the bottled\ngas consumption at the rented property,\nif bottled gas is supplied at the rented\nproperty; and\n(d) any other prescribed payments.\n(3) The regulations may provide that a resident need\nnot make a payment of a kind referred to in\nsubsection (2) unless the park owner provides to\nthe resident, at the request of the resident,\nspecified information (which may include\naccounts and receipts, or copies of accounts and\nreceipts) relevant to the payment or the goods or\nservices in respect of which the payment is\nsought.\n(4) It is a term of a residential park agreement that a\nresident is not required to pay the park owner\nany amount for, or in relation to, the supply of\nelectricity to the rented property unless –\n(a) the park owner provides the resident, at\nno cost to the resident, with an account\nspecifying how much the resident is\nbeing charged for the supply of\nelectricity and how that amount was\ncalculated; and\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 27 Part 3 – Residential Park Agreements\n42\n(b) if the resident is being charged for any\nother related matters, the park owner\nitemises those matters and specifies the\namount of the charge in relation to each\nitem.\n27. Alterations to site by resident\n(1) It is a term of a residential park agreement that –\n(a) a resident must not, without the written\nconsent of the park owner –\n(i) make an alteration or addition to\nthe exterior of the dwelling\ninstalled or located on the site; or\n(ii) add any structure to the site; and\n(b) the park owner must not –\n(i) unreasonably withhold consent to\nsuch an alteration or addition; or\n(ii) fail to respond to a request for\nconsent within 14 days after the\nresident has made the request; or\n(iii) charge an amount for giving\nconsent, or considering an\napplication for consent, that\nexceeds the park owner’s\nreasonable expenses; and\n(c) if the park owner refuses to give consent\nto an alteration or addition, the park\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 3 – Residential Park Agreements s. 28\n43\nowner must give written notice of that\nrefusal and the grounds for the refusal.\n(2) For the avoidance of doubt, it is reasonable\ngrounds for the park owner to withhold consent\nto an alteration or addition if the park owner\nbelieves, on reasonable grounds, that –\n(a) the alteration or addition does not\ncomply with relevant legal requirements\nfor such alterations or additions; or\n(b) the alteration or addition may\nunreasonably impact on the rights of\nother residents of the residential park.\n28. Vacant possession does not apply in certain\ncircumstances\nIt is a term of a residential park agreement that a\nresident is not liable for any breach of the\nagreement, or other legal sanction, in respect of\nvacant possession of the site to which the\nagreement relates if –\n(a) the agreement ends, or is terminated,\nunder this Act; and\n(b) the park owner prevents the resident\nfrom entering the residential park or site;\nand\n(c) as a result of the actions of the park\nowner, the resident is unable to remove a\ndwelling owned by the resident that is\nlocated on the site.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 29 Part 3 – Residential Park Agreements\n44\n29. Resident to comply with standard of conduct when\nwithin the residential park\nIt is a term of a residential park agreement that\nthe resident must not –\n(a) use the rented property or common areas\nof the residential park, or cause or permit\nthe rented property or common areas of\nthe residential park to be used, for an\nillegal purpose; or\n(b) cause or permit a nuisance; or\n(c) cause or permit an interference –\n(i) with the reasonable peace,\ncomfort or privacy of another\nresident in the other resident’s\nuse of rented property or with the\nreasonable use or enjoyment by\nanother resident of common areas\nof the residential park; or\n(ii) with the reasonable peace,\ncomfort or privacy of a person\nresiding in the immediate vicinity\nof the residential park.\n30. Owner has right of entry in certain circumstances\n(1) It is a term of a residential park agreement that\nthe park owner may enter a dwelling on the site\nthat is the subject of the agreement if the entry –\n(a) is made in an emergency including, but\nnot limited to –\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 3 – Residential Park Agreements s. 30\n45\n(i) the carrying out of urgent repairs;\nor\n(ii) averting a serious risk to life or\nproperty; or\n(b) is made at a time previously arranged\nwith the resident; or\n(c) is made, at a reasonable time –\n(i) for the purpose of reading a\nmeter, if the resident is required\nunder section 26 to pay charges\nbased on the level of the water,\nelectricity or gas consumption\nunder the agreement; or\n(ii) if the park owner has reasonable\ngrounds to believe that the\ndwelling, or an item installed in\nthe dwelling, does not comply\nwith a statutory requirement; or\n(iii) if an inspection of the dwelling,\nor an item installed in the\ndwelling, is required to ensure\nstatutory compliance; or\n(d) is authorised under another Act.\n(2) It is a term of a residential park agreement that\nthe park owner may enter a dwelling on the site\nthat is the subject of the agreement if the park\nowner believes, on reasonable grounds, that the\ndwelling has been abandoned.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 31 Part 3 – Residential Park Agreements\n46\n(3) If a park owner enters a dwelling on a site under\nthis Act, the park owner must not –\n(a) act in a manner that is unreasonably\nintrusive when entering the dwelling; or\n(b) without the consent of the resident –\n(i) enter a part of the dwelling to\nwhich entry is not reasonably\nrequired for the purpose for\nwhich the owner entered the\ndwelling; or\n(ii) remain in the dwelling longer\nthan is reasonably necessary for\nthe purpose for which the owner\nentered the dwelling.\nPenalty: Fine not exceeding 100 penalty units.\n31. Vicarious liability of resident for guests\nIt is a term of a residential park agreement that,\nif a person other than the park owner is on the\nresidential park at the invitation or with the\nconsent of the resident, the resident is\nvicariously responsible for an act or omission by\nthe person that would, if it had been an act or\nomission of the resident, have constituted a\nbreach of the agreement.\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 3 – Residential Park Agreements s. 32\n47\n32. Rights of access on death of resident\nIt is a term of a residential park agreement that,\nif the resident dies while the agreement is in\nforce –\n(a) the tenancy does not vest in beneficiaries\nof the resident’s estate solely on the basis\nof the death of the resident; and\n(b) if the deceased resident was the sole\nresident under the terms of the residential\npark agreement, the agreement continues\nuntil whichever of the following first\noccurs:\n(i) any dwelling on the relevant site\nis sold in accordance with this\nAct;\n(ii) the residential park agreement is\ntransferred in accordance with\nthis Act;\n(iii) the rented property is held to be\nabandoned under this Act;\n(iv) the rented property is vacated and\nreturned to the park owner under\nthis Act.\nDivision 4 – Continuation or reissue of certain agreements\n33. Interpretation of Division\nIn this Division –\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 34 Part 3 – Residential Park Agreements\n48\nlong-term fixed agreement means a\nresidential park agreement for a fixed\nterm –\n(a) of 5 years or more; or\n(b) of less than 5 years if the resident\nhas held a right of occupancy\nwithin the residential park for a\nperiod of 5 years or more.\n34. Certain agreements continue as periodic tenancy\nagreements\n(1) This section applies to a residential park\nagreement if –\n(a) the agreement has not terminated at or\nbefore the end of the fixed term; and\n(b) is not reissued in accordance with\nsection 35.\n(2) A residential park agreement to which this\nsection applies continues –\n(a) as a periodic tenancy agreement; and\n(b) with a tenancy period equivalent to the\ninterval between rental payment times\nunder the agreement; and\n(c) with the agreement having terms and\nconditions that, in all other respects, are\nthe same as the terms and conditions that\napplied under the agreement immediately\nbefore the end of the fixed term.\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 3 – Residential Park Agreements s. 35\n49\n35. Certain fixed agreements to be reissued\n(1) If a long-term fixed agreement has not\nterminated at or before the end of the fixed term\nand no notice has been given by either party to\nthe agreement in accordance with\nsubsection (2) –\n(a) at the end of that fixed term, the\nagreement is taken to have been reissued\nas a residential park agreement –\n(i) for the same fixed term; and\n(ii) on the same terms and conditions\nas those applying under the\nagreement immediately before\nthe end of the fixed term; and\n(b) within 28 days after the end of that fixed\nterm, the park owner must give the\nresident a copy of the reissued agreement\nin writing in accordance with Division 1.\n(2) If a long-term fixed agreement has not\nterminated at or before the end of the fixed term\nand a party to the agreement does not want the\nagreement to be reissued, on the same terms,\nunder subsection (1) –\n(a) at least 90 days before the end of the\nterm of the agreement, that party may\ngive written notice to the other party to\nthe agreement that a variation of terms is\nsought; and\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 36 Part 3 – Residential Park Agreements\n50\n(b) the agreement must be reviewed in the\nprescribed manner; and\n(c) following that review, the park owner\nmust reissue the agreement –\n(i) as a residential park agreement\nthat complies with the\nrequirements of this Act; and\n(ii) for such a term and on such other\nterms of agreement as may be\nagreed with the resident.\n(3) A party to an agreement that is the subject of a\nreview under subsection (2) may apply to the\nTribunal for an order or orders if the parties are\nunable to agree to the variation that is the subject\nof the review.\n(4) If a review of a residential park agreement\nrequired under subsection (2) is not undertaken\nor is not completed before the end of the fixed\nterm of that agreement, the fixed term is taken to\nbe extended until the review is completed and\nthe agreement is reissued.\n36. Certain agreements must be reviewed before being\nreissued\n(1) If a resident has held a right of occupancy, under\na periodic tenancy agreement, within a\nresidential park for a period of 5 years or more –\n(a) the park owner of the park must, in\nconsultation with the resident, undertake","sortOrder":2},{"sectionNumber":"retrieval-0004","sectionType":"document_chunk","heading":"Document excerpt 4","content":"Residential Parks Act 2026\nAct No. of 2026\nPart 3 – Residential Park Agreements s. 37\n51\na review of the agreement in the\nprescribed manner; and\n(b) following such a review, the park owner\nmust reissue the agreement –\n(i) as a residential park agreement\nthat complies with the\nrequirements of this Act; and\n(ii) for such a term and on such other\nterms of agreement as may be\nagreed with the resident.\n(2) A party to an agreement that is the subject of a\nreview under subsection (1) may apply to the\nTribunal for an order or orders if the parties are\nunable to agree to a variation of the agreement as\na result of the review.\n37. Review of agreements not required in certain\ncircumstances\n(1) Despite any other provision of this Division, a\nresidential park agreement is not required to be\nreviewed or reissued under this Division if –\n(a) if the agreement is a long-term fixed\nagreement – the resident notifies the park\nowner, in writing, that the resident does\nnot wish to continue to occupy the site\nunder a fixed-term agreement; or\n(b) if the agreement is a periodic tenancy\nagreement to which section 36 applies –\nthe resident notifies the park owner, in\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 37 Part 3 – Residential Park Agreements\n52\nwriting and in compliance with any\nprescribed certification requirements,\nthat the resident waives the right to have\nthe agreement reissued under this\nsection; or\n(c) in any case – either party to the\nagreement has given the other party a\nnotice of termination in accordance with\nthis Act.\n(2) If a resident notifies a park owner in accordance\nwith subsection (1)(a) –\n(a) the long-term fixed agreement continues\nas a periodic tenancy agreement in\naccordance with section 34; and\n(b) this Division does not apply in respect of\nthe agreement unless the resident\nwithdraws the notice given under\nsubsection (1)(a).\n(3) If a resident notifies a park owner in accordance\nwith subsection (1)(b) –\n(a) the periodic tenancy agreement\ncontinues; and\n(b) this Division does not apply in relation to\nthe agreement unless the resident\nwithdraws the notice given under\nsubsection (1)(b).\n(4) For the avoidance of doubt, if a notice given\nunder subsection (1)(a) or (b) is withdrawn in\nrespect of a residential park agreement, this\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 3 – Residential Park Agreements s. 38\n53\nDivision applies in respect of that agreement\nafter the notice is so withdrawn.\n38. Park owner must comply with Division\nA park owner must not fail to comply with a\nrequirement of this Division.\nPenalty: Fine not exceeding 200 penalty units.\nDivision 5 – Offences relating to residential park agreements\n39. Park owner must provide certain information\n(1) If the contact information for a park owner\nchanges, the park owner must notify each\nresident in writing of the change within 14 days\nafter the change occurs.\nPenalty: Fine not exceeding 100 penalty units.\n(2) A park owner must not fail to provide\ninformation as required under this Part.\nPenalty: Fine not exceeding 100 penalty units.\n(3) A park owner must not knowingly make a\nstatement that, by reason of including or\nomitting information, is false or misleading in a\nmaterial particular in information provided to a\nperson under this Part.\nPenalty: Fine not exceeding 100 penalty units.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 40 Part 3 – Residential Park Agreements\n54\n40. False information from resident\nA resident must not give a park owner\ninformation that, by reason of including or\nomitting information, is false or misleading in a\nmaterial particular about the resident’s identity\nor place of occupation.\nPenalty: Fine not exceeding 100 penalty units.\n41. Discrimination against residents with children\n(1) A person must not refuse to enter into a\nresidential park agreement with another person\nsolely on the basis that a child is intending to\nlive on the rented property.\nPenalty: Fine not exceeding 100 penalty units.\n(2) A person must not –\n(a) instruct a person not to enter into a\nresidential park agreement; or\n(b) state an intention (by advertisement or in\nany other way) not to enter into a\nresidential park agreement –\nsolely on the basis that a child is intending to\nlive on the rented property.\nPenalty: Fine not exceeding 100 penalty units.\n(3) However, this section does not apply to a\nresidential park agreement in relation to a\nresidential park if –\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 3 – Residential Park Agreements s. 41\n55\n(a) the park rules for the residential park\nrequire all residents in the park to be\npersons who are over the age of 50 years;\nor\n(b) prescribed circumstances apply.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 42 Part 4 – Rights and Obligations of Park Owners and Residents\n56\nPART 4 – RIGHTS AND OBLIGATIONS OF PARK\nOWNERS AND RESIDENTS\nDivision 1 – Rents and other charges\n42. Certain payments for residential park agreement\nprohibited\n(1) Except as provided under subsection (2), a\nperson must not request, or receive, from a\nresident a payment –\n(a) under a residential park agreement; or\n(b) as a condition to entering into, renewing,\ntransferring or extending a residential\npark agreement.\nPenalty: Fine not exceeding 200 penalty units.\n(2) Subsection (1) does not apply in respect of a\npayment that is for the purpose of –\n(a) a security deposit under a residential park\nagreement; or\n(b) a rent payment under a residential park\nagreement; or\n(c) a payment of a kind authorised under\nsection 26.\n(3) For the purposes of subsection (1), a payment\nincludes one or more of the following fees\nregardless of how the fee is described:\n(a) an entry or exit fee;\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 4 – Rights and Obligations of Park Owners and Residents s. 43\n57\n(b) a management fee;\n(c) a holding fee;\n(d) a fee for amenities, or the improvement\nof amenities, provided at the residential\npark (commonly known as a communal\ncontribution fee);\n(e) any other prescribed fee.\n43. Security deposit not to exceed certain amount\n(1) A park owner may require that a security deposit\nbe paid by, or on behalf of, a resident under a\nresidential park agreement.\n(2) A person paying a security deposit under a\nresidential park agreement, in accordance with\nsubsection (1), is to pay the security deposit to\nthe Rental Deposit Authority.\n(3) Interest earned with respect to any security\ndeposit held by the Rental Deposit Authority is\nthe property of the Authority and is not payable\nas a disbursement to the relevant park owner or\nresident.\n(4) A park owner must not require –\n(a) more than one security deposit payment\nto be paid under a residential park\nagreement; or\n(b) an amount to be paid as a security\ndeposit that exceeds 4 weeks’ rent\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 44 Part 4 – Rights and Obligations of Park Owners and Residents\n58\npayable under the residential park\nagreement.\nPenalty: Fine not exceeding 100 penalty units.\n44. Security deposit may only be retained for certain\nreasons\nAt the end of a residential park agreement, the\npark owner may only retain from the security\ndeposit paid under such an agreement, if any, the\nfollowing amounts:\n(a) the reasonable costs for –\n(i) replacing any keys supplied to the\nresident, as part of the agreement,\nthat were not returned to the park\nowner at the end of the residential\npark agreement; or\n(ii) replacing any locks that use keys\nsupplied to the resident, as part of\nthe agreement, that were not\nreturned to the park owner at the\nend of the residential park\nagreement;\n(b) the amount of outstanding rent that has\naccrued under the agreement and has not\nbeen paid;\n(c) the reasonable cost of removing refuse,\nincluding abandoned property within the\nmeaning of Division 6 of Part 6, from the\nsite that is the subject of the agreement.\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 4 – Rights and Obligations of Park Owners and Residents s. 45\n59\n45. Disbursement of security deposits after end of\nresidential park agreement\n(1) At the end of a residential park agreement, a\nparty to the agreement may apply to the Rental\nDeposit Authority for the security deposit, paid\nin respect of the agreement, to be disbursed in\naccordance with the application.\n(2) An application under subsection (1) –\n(a) is to be in a form approved by the\nDirector; and\n(b) is to specify the basis, in accordance with\nsection 44, for any amount to be\ndisbursed, to the park owner, from the\nsecurity deposit to which the application\nrelates.\n(3) If, at the end of a residential park agreement, the\npark owner and all residents under the agreement\nagree with a proposed disbursement of the\nsecurity deposit paid in respect of the agreement,\nand endorse an application under subsection (1)\nto that effect –\n(a) any party to the agreement may lodge the\napplication, so endorsed, with the Rental\nDeposit Authority; and\n(b) the Rental Deposit Authority is to\ndisburse the security deposit in\naccordance with the application so\nendorsed.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 45 Part 4 – Rights and Obligations of Park Owners and Residents\n60\n(4) If, at the end of a residential park agreement, one\nparty to the agreement (the lodging party) lodges\nan application under subsection (1), without the\napplication being endorsed by the other party to\nthe agreement (the responding party) –\n(a) the Rental Deposit Authority is to take\nall reasonable steps to notify the\nresponding party that –\n(i) an application has been received\nunder subsection (1) in respect of\nthe agreement; and\n(ii) the responding party may dispute\nthe application in accordance\nwith section 46; and\n(b) the Rental Deposit Authority is to hold\nthe application for whichever of the\nfollowing periods is last to end:\n(i) 10 days after the application is\ngiven to the Authority;\n(ii) 10 days after the end of the\nresidential park agreement to\nwhich the application relates; and\n(c) if, during the periods referred to in\nparagraph (b), the Rental Deposit\nAuthority has received a copy of the\napplication that is endorsed by the\nresponding party, the Rental Deposit\nAuthority may disburse the security\ndeposit in accordance with the\napplication; and\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 4 – Rights and Obligations of Park Owners and Residents s. 45\n61\n(d) after the end of the periods referred to in\nparagraph (b) has expired, the Rental\nDeposit Authority may, if the security\ndeposit has not been disbursed under\nparagraph (c) –\n(i) disburse the security deposit in\naccordance with the application\nif –\n(A) the responding party is the\npark owner; and\n(B) the application has not\nbeen disputed, by the park\nowner, in accordance with\nsection 46; or\n(ii) refer the application to the\nCommissioner if –\n(A) the responding party is the\nresident; and\n(B) the application has not\nbeen disputed, by the\nresident, in accordance\nwith section 46.\n(5) The Rental Deposit Authority may refer an\napplication to the Commissioner for any reason\nthe Authority considers appropriate.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 46 Part 4 – Rights and Obligations of Park Owners and Residents\n62\n46. Party to agreement may appeal security deposit\ndisbursement\n(1) A resident may dispute an application made by a\npark owner under section 45(1) by lodging a\ndispute with the Commissioner –\n(a) at any time before the application has\nbeen lodged with the Rental Deposit\nAuthority; and\n(b) within 10 days after the application has\nbeen lodged with the Rental Deposit\nAuthority.\n(2) A park owner may dispute an application made\nby a resident under section 45(1) by lodging a\ndispute with the Commissioner within 10 days\nafter the application has been lodged with the\nRental Deposit Authority.\n(3) An application referred to the Commissioner by\nthe Rental Deposit Authority, in accordance with\nsection 45, is taken to be a dispute under this\nsection.\n(4) A dispute under this section is to –\n(a) be in writing; and\n(b) include a copy of the application to\nwhich the dispute relates; and\n(c) if lodged by a park owner or resident, be\naccompanied by the prescribed fee.\n(5) The Commissioner may accept a dispute that is\nlodged outside of the relevant time period if the\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 4 – Rights and Obligations of Park Owners and Residents s. 46\n63\nsecurity deposit, to which the dispute relates, has\nnot been disbursed by the Rental Deposit\nAuthority in accordance with this Act.\n(6) If the Commissioner receives a dispute under\nthis section, the Commissioner –\n(a) if the dispute is lodged by a park owner\nor resident, is to notify the Rental\nDeposit Authority of the dispute within\n24 hours after the dispute is lodged; and\n(b) is to take all reasonable efforts to notify\neach other party to the residential park\nagreement to which the dispute relates –\n(i) that the dispute has been lodged\nwith the Commissioner; and\n(ii) each party has a right to make\nwritten submissions in respect of\nthe dispute within the time\nspecified in the notice; and\n(c) may require the Rental Deposit\nAuthority, and any party to the\nresidential park agreement to which the\ndispute relates, to provide the\nCommissioner with information and\ndocumentation that is relevant to the\ndispute.\n(7) A person who is the subject of a requirement\nunder subsection (6)(c) must comply with the\nrequirement.\nPenalty: Fine not exceeding 10 penalty units.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 47 Part 4 – Rights and Obligations of Park Owners and Residents\n64\n(8) Each party to the residential park agreement, to\nwhich the dispute relates, is a party to the\ndispute.\n(9) A party to a dispute, other than the party who\nlodged the dispute, may provide written\nsubmissions, and other information, to the\nCommissioner in respect of the dispute on\npayment of the prescribed fee.\n(10) The Commissioner may –\n(a) waive the whole, or part, of a fee payable\nunder this section; or\n(b) refund the whole, or any part, of a fee\npaid, under this section, by a party to a\ndispute if the Commissioner believes that\nanother party to the dispute has acted\nvexatiously or fraudulently.\n47. Determination of disputes\n(1) The Commissioner may not determine a dispute\nin respect of a dispute, lodged under section 46,\nuntil at least 7 days have passed since the last of\nthe notices required to be given under\nsection 46(6) have been so given.\n(2) The Commissioner is to determine a dispute\nlodged under section 46 in respect of a security\ndeposit, paid in respect of the residential park\nagreement to which the dispute relates, by\ndetermining the amount, if any, of the security\ndeposit which is to be disbursed to the relevant\npark owner, in accordance with section 44.\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 4 – Rights and Obligations of Park Owners and Residents s. 48\n65\n(3) As soon as practicable after the Commissioner\ndetermines a dispute under this section –\n(a) the Commissioner is to give written\nnotice to the Rental Deposit Authority,\nand each party to the residential park\nagreement, to which the dispute relates –\n(i) of the determination of the\ndispute; and\n(ii) that the determination may be\nappealed in accordance with\nsection 46; and\n(b) if no application for appeal is made\nwithin the period specified in section 46,\nthe Rental Deposit Authority is to\ndisburse the security deposit, paid in\nrespect of the residential park agreement\nto which the dispute relates –\n(i) by disbursing to the relevant park\nowner, the amount of security\ndeposit, if any, specified in the\ndetermination as the amount to be\ndisbursed to the park owner; and\n(ii) by disbursing any remaining\namount of the security deposit to\nthe relevant resident.\n48. Payment of rent generally\n(1) The rent payable under a residential park\nagreement accrues from day to day.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 49 Part 4 – Rights and Obligations of Park Owners and Residents\n66\n(2) The park owner must refund to the resident an\nappropriate proportion of the amount of rent paid\nby the resident, or apply it towards other\nliabilities of the resident to the park owner, if –\n(a) the rent is paid in advance by the\nresident; and\n(b) the residential park agreement ends\nbefore the end of the period for which\nrent has already been paid.\n(3) A park owner must not require that rent\npayments under a residential park agreement be\nmade personally to the park owner unless –\n(a) an alternative method of payment has\nbeen offered by the owner that –\n(i) is reasonable in the\ncircumstances; and\n(ii) does not involve the owner\npersonally attending at the rented\nproperty; and\n(b) the alternative method has been refused\nby the resident.\nPenalty: Fine not exceeding 100 penalty units.\n49. Payment periods for rent\n(1) In this section –\npayment period means a period that does not\nexceed 4 weeks.\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 4 – Rights and Obligations of Park Owners and Residents s. 50\n67\n(2) A residential park agreement may not require\nthat rent is payable in advance for a period\ngreater than one payment period except as\nagreed, in writing, by the park owner and the\nresident.\n(3) The payment period under a residential park\nagreement must not be varied during the period\nof the agreement except as agreed by the park\nowner and the resident.\n50. Variations of rent\n(1) The park owner, by written notice to the\nresident, may increase the rent payable under a\nresidential park agreement if –\n(a) the increase in rent is permitted under\nthis Act and the residential park\nagreement; and\n(b) it has been at least 12 months since –\n(i) the resident entered into the\nresidential park agreement; and\n(ii) the last increase in rent payable\nunder the residential park\nagreement; and\n(c) the park owner gives the resident the\nwritten notice at least 60 days before the\nincrease is to take effect.\n(2) A notice under subsection (1) is to specify –\n(a) the amount of the rent, as increased; and","sortOrder":3},{"sectionNumber":"retrieval-0005","sectionType":"document_chunk","heading":"Document excerpt 5","content":"Residential Parks Act 2026\nAct No. of 2026\ns. 50 Part 4 – Rights and Obligations of Park Owners and Residents\n68\n(b) the date from which the increase takes\neffect.\n(3) Despite subsection (1) –\n(a) the right to increase the rent may be\nexcluded, or limited, by the terms of the\nresidential park agreement; and\n(b) if the residential park agreement is for a\nfixed term, the agreement is taken to\nexclude an increase in rent during the\nterm unless the agreement specifically\nallows for an increase in rent.\n(4) The rent payable under a residential park\nagreement may be reduced permanently by\nmutual agreement between the park owner and\nthe resident.\n(5) For the avoidance of doubt, if the rent payable\nunder a residential park agreement is increased\nor reduced under this section, the terms of the\nagreement are varied accordingly.\n(6) For the purposes of this section, a series of\nresidential park agreements between the same\nparties and relating to the same site is to be\ntreated as a single residential park agreement\nunless at least 12 months have elapsed since rent\nfor the rented property was fixed or last\nincreased.\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 4 – Rights and Obligations of Park Owners and Residents s. 51\n69\n51. Temporary reductions of rent\n(1) The rent payable under a residential park\nagreement may be reduced, on a temporary\nbasis, by mutual agreement between the park\nowner and the resident.\n(2) If a reduction of rent is made on a temporary\nbasis, the rent is to revert back to the level that\nwould have been otherwise applicable, under the\nrelevant residential park agreement, at the end of\nthe period agreed for the reduction of rent.\n(3) For the avoidance of doubt, if the rent payable\nunder a residential park agreement is temporarily\nreduced under this section, the terms of the\nagreement are varied accordingly for the period\nagreed between the park owner and the resident.\n52. Tribunal may declare increase in rent excessive\n(1) In this section –\nrent includes a payment that the resident is\nrequired by the park owner to make\nunder section 26.\n(2) A resident may apply to the Tribunal, within 60\ndays after receiving a notice of an increase in\nrent, for the proposed increase to be declared\nexcessive, if –\n(a) the resident has received a notice of a\nrent increase under section 50; or\n(b) the resident has been notified that a\npayment that the resident is required by\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 52 Part 4 – Rights and Obligations of Park Owners and Residents\n70\nthe park owner to make, under\nsection 26, is to increase.\n(3) In deciding whether to declare an increase in rent\nas excessive, the Tribunal must have regard to –\n(a) the general level of rents for comparable\nrented properties in the same or similar\nlocalities; and\n(b) the percentage increase in rent charged,\nto the resident, in respect of the rented\nproperty since the resident became a\nresident; and\n(c) whether the increase is consistent with\nother rates and charges payable in respect\nof the residential park; and\n(d) what impact the increase may have on\nthe resident; and\n(e) the estimated capital value of the rented\nproperty at the date of the application;\nand\n(f) the outgoings for which the park owner\nis liable under the agreement; and\n(g) the estimated cost of services provided\nby the park owner and the resident under\nthe agreement; and\n(h) the amenity, standard and value of\nfurniture, equipment, common areas and\nother personal property provided by the\npark owner for the resident’s use; and\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 4 – Rights and Obligations of Park Owners and Residents s. 53\n71\n(i) the state of repair and general condition\nof the rented property; and\n(j) other relevant matters.\n(4) If the Tribunal finds that the increased rent is\nexcessive, the Tribunal may, by order –\n(a) declare the increase in rent excessive;\nand\n(b) fix the rent payable for the rented\nproperty for a period not exceeding one\nyear.\n(5) The Tribunal may, on application by the park\nowner, vary or revoke an order under this section\nif satisfied that it is appropriate in the\ncircumstances to do so.\n(6) A park owner to which an order under this\nsection applies must not ask for, or receive, rent\nfor the rented property exceeding the amount\nfixed by the order.\nPenalty: Fine not exceeding 100 penalty units.\n53. Park owner’s duty to keep proper records of rent\n(1) A park owner of a residential park must ensure\nthat a proper record is kept of all rent received\nby the owner under a residential park agreement\nin respect of the residential park.\nPenalty: Fine not exceeding 100 penalty units.\n(2) A person must not –\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 54 Part 4 – Rights and Obligations of Park Owners and Residents\n72\n(a) make a false entry in a record of the rent\nreceived under a residential park\nagreement; or\n(b) falsify the record in any other way.\nPenalty: Fine not exceeding 100 penalty units.\n54. Duty to give receipt for rent\n(1) A person who receives rent under a residential\npark agreement must, within 48 hours after\nreceiving the rent, give the person who paid the\nrent a receipt stating –\n(a) the date on which the rent was received;\nand\n(b) the name of the person paying the rent;\nand\n(c) the amount paid; and\n(d) the period of occupancy to which the\npayment relates; and\n(e) the address of the rented property to\nwhich the payment relates.\nPenalty: Fine not exceeding 100 penalty units.\n(2) However, subsection (1) does not apply in\nrespect of a payment of rent if –\n(a) the resident pays the rent into an account\nkept by the park owner at an authorised\ndeposit-taking institution; and\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 4 – Rights and Obligations of Park Owners and Residents s. 55\n73\n(b) the park owner keeps a written record,\ncontaining the information required by\nsubsection (1), in respect of the payment\nof rent.\n55. Property may not be taken for non-payment of rent\nExcept as ordered by the Tribunal, a park owner\nis not entitled to seize, or retain, property of a\nresident for non-payment of the rent payable\nunder a residential park agreement.\nDivision 2 – Obligations in relation to condition of\nresidential parks\n56. Resident not to cause damage to residential park\nintentionally\nA resident must not intentionally cause serious\ndamage to rented property or a common area of\na residential park.\nPenalty: Fine not exceeding 100 penalty units.\n57. Restriction of access to rented property\nA park owner of a residential park must not,\nwithout reasonable excuse, exclude or restrict, or\nattempt to exclude or restrict, access by a\nresident to the park, or a part of the park, in\ncontravention of a term of a residential park\nagreement that applies to the resident.\nPenalty: Fine not exceeding 100 penalty units.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 58 Part 4 – Rights and Obligations of Park Owners and Residents\n74\n58. Right to recover costs of repairs\n(1) A resident is entitled to recover, from the park\nowner, the reasonable costs of repairs carried out\non rented property or a common area if –\n(a) the rented property, or the common area,\nis in a state of disrepair that does not\narise from a contravention of the\nresidential park agreement by the\nresident; and\n(b) unless repaired, the state of disrepair is\nlikely to result in –\n(i) personal injury or damage to\nproperty, including the loss of\nproperty; or\n(ii) undue inconvenience to the\nresident; and\n(c) the resident –\n(i) notifies the park owner of the\nstate of disrepair or makes a\nreasonable attempt to do so; and\n(ii) has incurred costs in having the\nstate of disrepair remedied; and\n(d) the repairs are carried out by a person\nwho is licensed to carry out the necessary\nwork and that person provides the park\nowner with a report on the work carried\nout and the apparent cause of the state of\ndisrepair.\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 4 – Rights and Obligations of Park Owners and Residents s. 59\n75\n(2) The obligation to repair includes an obligation to\nmaintain all trees, and landscaping, in the\nresidential park in a condition that does not\ncreate any unreasonable risk to the safety of\nresidents or their property.\nDivision 3 – Notices to leave residential park\n59. Park owner may give person notice to leave for\nserious act of violence\n(1) A park owner may give any person in the\nresidential park a notice to leave the residential\npark immediately if the park owner has\nreasonable grounds to believe that –\n(a) a serious act of violence by the person\nhas occurred in the park; or\n(b) the safety of any person in the park is in\ndanger from the person.\n(2) A notice to leave given to a person under this\nsection must –\n(a) be in the approved form; and\n(b) be given to the person as soon as it is\npossible for the park owner to do so\nsafely after the serious act of violence\nhas occurred, or the safety of a person in\nthe park has been endangered, to which\nthe notice relates.\n(3) A park owner must not give a notice under this\nsection, or a document that purports to be a\nnotice to leave under this section, to a person\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 60 Part 4 – Rights and Obligations of Park Owners and Residents\n76\nunless the park owner has reasonable grounds to\nbelieve that –\n(a) a serious act of violence by the person\nhas occurred in the residential park; or\n(b) the safety of any other person in the\nresidential park is in danger from the\nperson to whom the notice is given.\nPenalty: Fine not exceeding 100 penalty units.\n60. Effect of notice to leave\n(1) A person who has been given a notice to leave a\nresidential park under this Division must not\nremain in the park after receiving the notice.\nPenalty: Fine not exceeding 100 penalty units.\n(2) A resident who is given a notice to leave under\nthis Division must not enter or remain in the\nresidential park –\n(a) until the end of 2 working days after the\nnotice is given; or\n(b) if an application is made under\nsection 101 in respect of the residential\npark agreement of the resident –\n(i) until the end of 4 working days\nafter the notice is given; or\n(ii) if within that period the Tribunal\non the application of the park\nowner so orders, until the\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 4 – Rights and Obligations of Park Owners and Residents s. 61\n77\nTribunal has heard and\ndetermined the application.\nPenalty: Fine not exceeding 100 penalty units.\n(3) If a person is given a notice to leave a residential\npark under Division Part (the excluded person),\nthe relevant park owner must not allow another\nperson to occupy the rented property of the\nexcluded person while the excluded person is\nprevented from entering or remaining in the\nresidential park.\nPenalty: Fine not exceeding 100 penalty units.\n(4) A reference to another person in subsection (3),\nin respect of rented property, does not include a\nreference to –\n(a) a resident of that rented property; or\n(b) a person who resided on the rented\nproperty immediately before the notice to\nleave the residential park was given to\nthe excluded person.\nDivision 4 – Miscellaneous\n61. Residents committees\n(1) The residents of a residential park may elect\nresidents from at least 5 different occupied sites\nin the park to form a residents committee to\nrepresent the interests that they have in common\nas residents of the park, on the basis that –\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 61 Part 4 – Rights and Obligations of Park Owners and Residents\n78\n(a) only a resident may be a member of the\ncommittee; and\n(b) except as provided in paragraph (c), each\nresident has a right to nominate for\nelection to the residents committee and to\nparticipate in the election of members of\nthe residents committee; and\n(c) any resident who is employed or engaged\nby the park owner to assist in the\nmanagement of the residential park may\nnot be a member of the committee.\n(2) A park owner must not unreasonably interfere\nwith a resident’s rights under subsection (1).\nPenalty: Fine not exceeding 100 penalty units.\n(3) A park owner of a residential park that has at\nleast 5 fixed-term residential park agreements in\nforce must take all reasonable steps to ensure\nthat the park has a residents committee in\naccordance with subsection (1).\nPenalty: Fine not exceeding 100 penalty units.\n(4) A residential park may only have one residents\ncommittee in operation at any one time.\n(5) If more than one body or committee purports to\nbe the residents committee for a particular\nresidential park, the park owner or a resident\nmay apply to the Tribunal to determine which\nbody or committee, if any, is the residents\ncommittee for the residential park.\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 4 – Rights and Obligations of Park Owners and Residents s. 62\n79\n(6) A park owner must take all reasonable steps to\nenable an enclosed area within the residential\npark to be used for the purposes of a meeting of\nresidents called by a residents committee.\nPenalty: Fine not exceeding 100 penalty units.\n(7) If the residents committee for a residential park\nmakes representations to the park owner in\nrelation to a matter that has been considered by\nthe committee, the park owner must –\n(a) consider the representations made; and\n(b) provide a written response to the\nresidents committee –\n(i) as soon as practicable after, and\nno later than one month after,\nreceiving the representations; or\n(ii) within such longer period as may\nbe agreed between the owner and\nthe residents committee.\nPenalty: Fine not exceeding 100 penalty units.\n(8) For the purposes of subsection (7), a response is\ntaken to have been provided to a residents\ncommittee if it has been provided to any member\nof that committee.\n62. Duty of mitigation\nThe rules of the law of contract about mitigation\nof loss or damage on breach of a contract apply\nto a breach of a residential park agreement.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 63 Part 5 – Transactions Relating to Certain Agreements\n80\nPART 5 – TRANSACTIONS RELATING TO CERTAIN\nAGREEMENTS\nDivision 1 – Sale of residential parks\n63. Residential park agreement – acquisition of park or\nsite\n(1) This section applies if –\n(a) title to all or part of the land within a\nresidential park is acquired from the park\nowner by a person (the new owner); and\n(b) the land acquired includes a site that a\nperson has a right to occupy under a\nresidential park agreement for a term\nexceeding 12 months; and\n(c) but for this section, the new owner’s title\nwould not be subject to the resident’s\ninterest under the residential park\nagreement.\n(2) Notwithstanding the provisions of the Real\nProperty Act 1886 and the Land Titles Act 1980,\nthe new owner’s title to the land is subject to the\nresident’s interest under the residential park\nagreement.\n64. Change of park owner\nIf a person succeeds another person as the park\nowner of a residential park, the new park owner\nmust, within 14 days, give written notice to the\nresidents of that residential park of –\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 5 – Transactions Relating to Certain Agreements s. 65\n81\n(a) the full name and address for service of\ndocuments of the new park owner; and\n(b) if the new park owner is a company – the\naddress of the registered office of the\ncompany; and\n(c) contact details for a person who is\nauthorised to carry out emergency\nrepairs, on behalf of the new park owner,\nto the rented property or common areas\nof the park.\nPenalty: Fine not exceeding 100 penalty units.\nDivision 2 – Sale of dwelling installed on site subject to\nresidential park agreement\n65. Sale of dwelling on site\n(1) A park owner must not –\n(a) hinder, or attempt to hinder, the sale of a\ndwelling by a resident on a site; or\n(b) prevent, or attempt to prevent, the\ndisplay by a resident of a “for sale” sign\non the site for the purpose of selling the\ndwelling.\nPenalty: Fine not exceeding 100 penalty units.\n(2) Without limiting subsection (1), a park owner is\ntaken to be hindering the sale of a dwelling if the\npark owner prevents potential buyers from\ninspecting the dwelling.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 66 Part 5 – Transactions Relating to Certain Agreements\n82\n66. Sale of dwelling following death of resident\n(1) If –\n(a) a resident under a residential park\nagreement dies; and\n(b) the personal representative of the\ndeceased, or a person who has inherited\nproperty of the deceased, intends to sell a\ndwelling that is on the site that is the\nsubject of the agreement –\nthe personal representative or other person must\ninform the park owner, in writing, of the\nintention to offer the dwelling for sale and give\nthe park owner a first option to purchase the\ndwelling (for a market value agreed between the\npersonal representative or other person selling\nthe dwelling and the park owner).\n(2) For the purposes of subsection (1), the market\nvalue of a dwelling is a reference to –\n(a) an independent valuation of the dwelling;\nor\n(b) the last sale price for the dwelling,\nincluding the last price at which a\ncontract for sale was entered into for the\ndwelling; or\n(c) the value of the dwelling calculated as\nprescribed.","sortOrder":4},{"sectionNumber":"retrieval-0006","sectionType":"document_chunk","heading":"Document excerpt 6","content":"Residential Parks Act 2026\nAct No. of 2026\nPart 5 – Transactions Relating to Certain Agreements s. 67\n83\n(3) If no agreement is reached as to the sale of the\ndwelling within the period of 28 days after the\npark owner is informed of the intention to sell –\n(a) the park owner’s option to purchase\nlapses; and\n(b) the dwelling may be offered for sale to\nother parties.\n(4) For the avoidance of doubt, nothing in this\nsection obliges the personal representative or\nother person who has inherited property of the\ndeceased to sell the dwelling to the park owner.\n67. Effect of Division\nFor the avoidance of doubt –\n(a) the sale of a dwelling on a site in\naccordance with this Division does not,\nof itself –\n(i) terminate, or otherwise affect, a\nresidential park agreement in\nforce in respect of the site; and\n(ii) affect the park owner’s, or a\nresident’s, rights or obligations in\nrespect of the site under a\nresidential park agreement or this\nAct; and\n(b) the sale of a dwelling on a site in\naccordance with this Division may occur,\nbut is not required to occur, at the same\ntime as –\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 67 Part 5 – Transactions Relating to Certain Agreements\n84\n(i) an action taken under this Act, or\nthe relevant residential park\nagreement, to terminate the\nagreement in respect of the site;\nor\n(ii) an action taken in accordance\nwith this Act, and the relevant\nresidential park agreement, to\ntransfer the agreement in respect\nof the site to a person other than\nthe existing resident of the site.\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 6 – Termination of Residential Park Agreements s. 68\n85\nPART 6 – TERMINATION OF RESIDENTIAL PARK\nAGREEMENTS\nDivision 1 – Terminations generally\n68. Application of Part\nThis Part applies to a residential park agreement,\nregardless of whether the agreement was entered\ninto before or after the commencement of this\nAct.\n69. Termination of residential park agreements\n(1) A residential park agreement terminates if –\n(a) the park owner and resident, jointly,\nagree in writing to terminate the\nagreement for any reason; or\n(b) the park owner or the resident terminates\nthe agreement in accordance with this\nPart; or\n(c) the Tribunal terminates the agreement; or\n(d) a person having title superior to the park\nowner’s title becomes entitled to\npossession of the rented property under\nthe order of the Tribunal or a court; or\n(e) except in the case of a residential park\nagreement for a fixed term – a mortgagee\ntakes possession of the rented property\nunder a mortgage; or\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 70 Part 6 – Termination of Residential Park Agreements\n86\n(f) the resident abandons the rented\nproperty; or\n(g) the resident gives up possession of the\nrented property with the park owner’s\nconsent; or\n(h) the interest of the resident merges with\nanother estate or interest in the land.\n(2) For the avoidance of doubt, a residential park\nagreement does not terminate on the death of the\nresident but may be terminated or otherwise\ndealt with in accordance with this Act by the\nresident’s personal representative on behalf of\nthe resident’s estate.\n(3) For the avoidance of doubt, a notice under this\nPart that terminates a periodic tenancy\nagreement is not ineffectual solely on the basis\nthat –\n(a) the period of notice is less than would,\napart from this Act, have been required at\nlaw; or\n(b) the day on which the agreement is to end\nis not the last day of a period of the\ntenancy.\n70. Form of notice of termination\n(1) A notice of termination given by a park owner to\na resident must –\n(a) be in writing in the approved form; and\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 6 – Termination of Residential Park Agreements s. 70\n87\n(b) be signed by the park owner; and\n(c) state the address of the rented property\nsubject to the residential park agreement;\nand\n(d) state the day on which the resident is\nrequired to give vacant possession of the\nrented property to the park owner; and\n(e) if the residential park agreement is to be\nterminated on a particular ground –\nspecify and give reasonable particulars of\nthe ground of termination; and\n(f) if section 74 does not apply in respect of\nthe termination – specify that the\ntermination of the agreement may be\nappealed in accordance with section 104;\nand\n(g) include any further information required\nby the Director.\n(2) A notice of termination given by a resident to a\npark owner must –\n(a) be in writing in the approved form; and\n(b) be signed by the resident; and\n(c) state the address of the rented property\nthat is the subject of the residential park\nagreement; and\n(d) state the day on which the resident\nintends to give vacant possession of the\nrented property to the park owner; and\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 71 Part 6 – Termination of Residential Park Agreements\n88\n(e) if the residential park agreement is to be\nterminated on a particular ground –\nspecify and give reasonable particulars of\nthe ground of termination; and\n(f) if section 74 does not apply in respect of\nthe termination – specify that the\ntermination of the agreement may be\nappealed in accordance with section 104;\nand\n(g) include any further information required\nby the Director.\n71. Effect of notice of termination\nExcept as otherwise specified in this Act, a\nresidential park agreement is terminated on the\nday specified in the notice of termination as the\nday on which the relevant resident is required to\ngive, or intends to give, vacant possession of the\nrented property to the park owner.\n72. Resident to give forwarding address if agreement\nterminated\n(1) This section applies in respect of a resident if the\nresident’s residential park agreement –\n(a) has been terminated in accordance with\nthis Part; or\n(b) is the subject of a notice to terminate\nunder this Part.\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 6 – Termination of Residential Park Agreements s. 73\n89\n(2) The park owner of a residential park may request\nthat a resident, to whom this section applies, give\nthe owner a forwarding address for the resident.\n(3) A resident must not fail to comply with a request\nof an owner under subsection (2) –\n(a) within the period specified in the request;\nor\n(b) if the resident does not have a forwarding\naddress during that period, as soon as\npracticable after the resident determines\nthe forwarding address.\nPenalty: Fine not exceeding 100 penalty units.\n73. Tribunal approval required for termination in\ncertain circumstances\n(1) A park owner may only terminate a residential\npark agreement in place in respect of rented\nproperty for one of the following reasons if the\nTribunal has authorised the notice of\ntermination:\n(a) the rented property –\n(i) is required, under another Act, to\nbe demolished; or\n(ii) is subject to an order, under\nanother Act, that means that the\nrented property is unable to be\nlawfully inhabited; or\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 74 Part 6 – Termination of Residential Park Agreements\n90\n(b) an order is in force under section 52 in\nrespect of rented property or proceedings\nfor such an order have been commenced.\n(2) This section does not apply to a notice of\ntermination given by the park owner to terminate\na residential park agreement for a fixed term at\nthe end of the fixed term.\n(3) The Tribunal may authorise a notice of\ntermination under this section if satisfied that the\ngiving of the notice is reasonable in the\ncircumstances.\nDivision 2 – Termination by either party to agreement\n74. Termination for breach of agreement\n(1) If a party to a residential park agreement\nbreaches the agreement, any other party to the\nagreement may give the party in breach a notice\nof termination that, in addition to the\nrequirements specified in section 70 –\n(a) specifies the breach; and\n(b) informs the party in breach of the\nagreement that, if the breach is not\nremedied within a specified period of at\nleast 21 days from the date on which the\nnotice is given, then –\n(i) if the party in breach is a resident\nof the park, the resident must give\nvacant possession of the rented\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 6 – Termination of Residential Park Agreements s. 74\n91\nproperty to the park owner before\nthe end of the next day; and\n(ii) if the party in breach is the park\nowner, the resident is giving\nvacant possession of the rented\nproperty to the park owner before\nthe end of the next day; and\n(c) if the party in breach is a resident of the\npark, specifying that the resident may\nappeal the notice in accordance with\nsection 103.\n(2) If notice is given under this section on the\nground of a failure to pay rent –\n(a) the notice is void if the rent has remained\nunpaid for a period of less than 7 days\nbefore the notice was given; and\n(b) the failure of the park owner to make a\nprior formal demand for payment of the\nrent does not render the notice void.\n(3) If notice is given under this section in respect of\na residential park agreement that has a fixed\nterm, the notice is not void solely on the basis\nthat the day specified as the day on which the\nresident is to give up vacant possession of the\nrented property is earlier than the last day of that\nterm.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 75 Part 6 – Termination of Residential Park Agreements\n92\n75. Termination if successive breaches of agreement\n(1) A party to a residential park agreement may\nterminate the agreement by giving each other\nparty to the agreement a notice of termination if\nthe party terminating the agreement is satisfied\nthat the other party –\n(a) has breached a term of the agreement;\nand\n(b) had committed breaches of the same term\nof the agreement on at least 2 previous\noccasions and been given separate notice\nunder section 74 in respect of each of\nthose breaches.\n(2) A notice given under this section by a party to a\nresidential park agreement must specify the\nperiod within which the relevant rented property\nis to be vacated, being a period of –\n(a) if the party is a resident – at least 14\ndays; and\n(b) if the party is a park owner – at least 21\ndays.\n(3) A notice may not be given under this section on\nthe grounds of a failure of a resident to pay rent\nif the rent to which the notice relates has\nremained unpaid in breach of the agreement for\nless than 7 days when the notice is given.\n(4) A notice given under this section on the grounds\nof a failure of a resident to pay rent is not invalid\nsolely on the basis that the park owner has failed\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 6 – Termination of Residential Park Agreements s. 76\n93\nto make a formal demand for the payment of the\nrent.\n76. Termination at end of fixed term\n(1) A party to a residential park agreement may, by\nnotice of termination given to each other party to\nthe agreement, terminate the agreement, without\nspecifying a ground for the termination, if –\n(a) the agreement is for a fixed term; and\n(b) the notice is given to the other parties at\nleast 60 days before the fixed term of the\nagreement is to expire.\n(2) Despite subsection (1), a park owner may not\nterminate a residential park agreement under this\nsection if the agreement is for a fixed term –\n(a) of 5 years or more; or\n(b) of less than 5 years if the resident has\nheld a right of occupancy within the\nresidential park for a period of 5 years or\nmore.\n77. Termination when agreement frustrated\n(1) A party to a residential park agreement may, by\nnotice of termination to each other party to the\nagreement, terminate the agreement if, otherwise\nthan as a result of a breach of the agreement, the\nrented property or a substantial portion of the\nrented property –\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 78 Part 6 – Termination of Residential Park Agreements\n94\n(a) has been destroyed or rendered\nuninhabitable; or\n(b) has ceased to be lawfully usable for\nresidential purposes; or\n(c) has been acquired by compulsory\nprocess.\n(2) A notice given under this section by a resident\nmay terminate the relevant residential park\nagreement immediately.\n(3) If a notice is given under subsection (1)(a) or (b)\nby a park owner, the residential park agreement\nto which the notice relates is terminated –\n(a) immediately on the giving of the notice;\nor\n(b) at such later day as is specified in the\nnotice.\n(4) If a notice is given under subsection (1)(c) by a\npark owner, the residential park agreement to\nwhich the notice relates is terminated on the day\nspecified in the notice, being a day that is at least\n180 days after the notice is given to the relevant\nresident.\nDivision 3 – Termination by park owner\n78. Termination due to serious misconduct by resident\n(1) A park owner may, by notice of termination\ngiven to a resident, terminate a residential park\nagreement on the ground that the resident, or a\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 6 – Termination of Residential Park Agreements s. 78\n95\nperson permitted on the rented property with the\nconsent of the resident, has intentionally or\nrecklessly caused or permitted, or is likely to\ncause or permit –\n(a) personal injury to –\n(i) the park owner or an employee,\nor contractor, of the park owner\nworking at the residential park; or\n(ii) serious damage to the rented\nproperty or other property in the\nresidential park; or\n(b) serious interference –\n(i) with the reasonable peace,\ncomfort or privacy of another\nresident in the other resident’s\nuse of rented property or with the\nreasonable use or enjoyment by\nanother resident of common areas\nof the residential park; or\n(ii) with the reasonable peace,\ncomfort or privacy of a person\nresiding in the immediate vicinity\nof the residential park.\n(2) A notice given under this section may terminate\nthe agreement immediately.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 79 Part 6 – Termination of Residential Park Agreements\n96\n79. Termination of periodic tenancy agreement due to\nsale of rented property\n(1) A park owner may, by notice of termination\ngiven to the resident, terminate a periodic\ntenancy agreement on the grounds that the park\nowner –\n(a) has entered into a contract for the sale of\nthe rented property under the agreement;\nand\n(b) is required under the contract to give\nvacant possession of the rented property.\n(2) A notice given by a park owner under this\nsection must specify the period within which the\nresident must vacate the relevant rented\nproperty, being a period of at least 180 days.\n(3) A person must not falsely state the ground of\ntermination in a notice of termination given, or\npurportedly given, under this section.\nPenalty: Fine not exceeding 200 penalty units.\n(4) A park owner who recovers possession of rented\nproperty under this section must not, without the\nconsent of the Tribunal, enter into a residential\npark agreement with any person in relation to the\nsame rented property within 6 months after\nrecovering possession.\nPenalty: Fine not exceeding 200 penalty units.\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 6 – Termination of Residential Park Agreements s. 80\n97\n80. Termination due to change of use or redevelopment\n(1) A park owner may, by notice of termination\ngiven to the resident, terminate a residential park\nagreement on the ground that –\n(a) the residential park is no longer to be\nused as a residential park; or\n(b) the residential park, or a part of the\nresidential park, is undergoing\nredevelopment that cannot be completed\nin a safe and efficient way unless the\nresident vacates the residential park site.\n(2) For the avoidance of doubt, the fact that a\nresidential park is being sold or otherwise\ntransferred to new ownership does not, of itself,\nconstitute grounds for termination of an\nagreement under subsection (1).\n(3) A park owner may not exercise the right to\nterminate an agreement on a ground specified in\nsubsection (1) unless the park owner has first\noffered the resident –\n(a) a residential park agreement for a site –\n(i) in the same residential park; or\n(ii) in another residential park owned\nby the same owner –\nto be entered into in substitution for the\nresidential park agreement that is being\nterminated and an agreement to relocate\nthe resident to that site at the expense of\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 80 Part 6 – Termination of Residential Park Agreements\n98\nthe park owner (and the proposed new\nresidential park agreement must\nconstitute a reasonable offer in the\ncircumstances); or\n(b) an agreement for the purchase, by the\npark owner, of a dwelling owned by the\nresident on termination of the residential\npark agreement; or\n(c) an agreement for the relocation, at the\nexpense of the park owner, of a dwelling\nowned by the resident on termination of\nthe residential park agreement –\nand the resident has accepted that offer.\n(4) The resident must not unreasonably refuse an\noffer made by a park owner in accordance with\nsubsection (3).\n(5) If the resident and park owner are not able to\nreach an agreement in relation to an offer made\nby the park owner in accordance with\nsubsection (3), the park owner or resident may\napply to the Tribunal for resolution of the\ndispute.\n(6) Subject to any order of the Tribunal or any\nagreement between the park owner and the\nresident to the contrary, the period of a notice,\nmade under subsection (1), must be at least\n180 days.\n(7) A park owner may, by notice in writing, agree to\nwaive the right to terminate a residential park\nsite under subsection (1) (and in such a case this","sortOrder":5},{"sectionNumber":"retrieval-0007","sectionType":"document_chunk","heading":"Document excerpt 7","content":"Residential Parks Act 2026\nAct No. of 2026\nPart 6 – Termination of Residential Park Agreements s. 81\n99\nsection does not apply to the residential park\nagreement).\n(8) Nothing in this section affects the power of a\npark owner to terminate a periodic tenancy\nagreement under another section of this Act.\nDivision 4 – Termination by resident\n81. Termination where notice given under section 80\n(1) If a park owner gives notice of termination to a\nresident under section 80, the resident may, by\nnotice of termination given to the owner,\nterminate the agreement, without specifying a\nground of termination, before the agreement is to\nterminate under that section.\n(2) The resident must give the park owner at least 21\ndays’ notice that the resident intends to terminate\nthe agreement.\nDivision 5 – Termination by Tribunal\n82. Termination on application by park owner\nThe Tribunal may, on application by a park\nowner, terminate a residential park agreement\nand make an order for possession of the rented\nproperty if satisfied that –\n(a) the resident has committed a breach of\nthe agreement; and\n(b) the breach is sufficiently serious to\njustify termination of the agreement.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 83 Part 6 – Termination of Residential Park Agreements\n100\n83. Termination on application by resident\nThe Tribunal may, on application by a resident,\nterminate a residential park agreement and make\nan order for possession of the rented property if\nsatisfied that –\n(a) the park owner has committed a breach\nof the agreement; and\n(b) the breach is sufficiently serious to\njustify termination of the agreement.\n84. Termination based on hardship of either party to\nagreement\n(1) If the continuation of a residential park\nagreement would result in undue hardship for the\npark owner or the resident, the Tribunal may, on\napplication by the park owner or the resident,\nterminate the agreement from a date specified in\nthe Tribunal’s order and make an order for\npossession of the rented property as from that\nday.\n(2) The Tribunal may also make an order\ncompensating a park owner or resident for loss\nand inconvenience resulting, or likely to result,\nfrom the early termination of the agreement.\n(3) If the Tribunal makes an order under this section\nfor the termination of a residential park\nagreement in respect of a site where a dwelling\nis installed or located, the Tribunal may also\nmake one or more of the following orders:\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 6 – Termination of Residential Park Agreements s. 85\n101\n(a) an order regarding the sale, relocation or\ndisposal of the dwelling;\n(b) an order regarding the disbursement of\nsale proceeds from the sale of the\ndwelling;\n(c) an order requiring the relevant park\nowner to permit the owner of the\ndwelling to access the site for the\npurpose of selling the dwelling in\naccordance with the order.\nDivision 6 – Abandoned property\n85. Interpretation\nIn this Division –\nabandoned property means property that is\nleft on site by a resident after the\nresident’s residential park agreement has\nbeen terminated under this Act;\npersonal documents means official\ndocuments, photographs, correspondence\nor other documents that it would be\nreasonable to expect a person might wish\nto keep;\nprotected abandoned property, in relation to a\nsite, means the following abandoned\nproperty if the Tribunal has made an\norder for possession of the site:\n(a) a dwelling installed or located on\nthe site;\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 86 Part 6 – Termination of Residential Park Agreements\n102\n(b) an item of property of a value, or\nkind, prescribed for the purposes\nof section 90.\n86. Offence to deal with abandoned property in\nunauthorised way\nA park owner must not deal with abandoned\nproperty in the residential park otherwise than in\naccordance with this Division.\nPenalty: Fine not exceeding 100 penalty units.\n87. Action to deal with abandoned property other than\npersonal documents\nIf a park owner becomes aware that there is\nabandoned property in the residential park, other\nthan abandoned property that is personal\ndocuments or protected abandoned property, the\npark owner may, at any time after recovering\npossession of the site –\n(a) remove from the site and destroy or\ndispose of abandoned property consisting\nof perishable foodstuffs; and\n(b) subject to this Division, remove from the\nsite and destroy or dispose of abandoned\nproperty, other than perishable\nfoodstuffs, if the value of the property is\nless than a fair estimate of the cost of\nremoval, storage and sale of the property.\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 6 – Termination of Residential Park Agreements s. 88\n103\n88. Action to deal with abandoned personal documents\n(1) If a park owner becomes aware that abandoned\nproperty in the residential park consists of\npersonal documents, the park owner must –\n(a) as soon as practicable, give notice, in the\napproved form, to the relevant resident if\nthe park owner has a forwarding address\nfor the resident; and\n(b) take reasonable steps to keep the\ndocuments safe for at least –\n(i) if the personal documents are\nprotected abandoned property, 60\ndays; or\n(ii) in any other case, 28 days.\n(2) A park owner must not destroy abandoned\nproperty that is personal documents until –\n(a) if the personal documents are protected\nabandoned property, at least 60 days after\nthe Tribunal made the order for\npossession that has resulted in the\npersonal documents becoming protected\nabandoned property; or\n(b) in any other case within 28 days after the\npark owner becomes aware that the\npersonal documents are abandoned\nproperty.\nPenalty: Fine not exceeding 100 penalty units.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 89 Part 6 – Termination of Residential Park Agreements\n104\n89. Actions to deal with valuable abandoned property\n(1) In this section –\nvaluable abandoned property means\nabandoned property that may not be dealt\nwith under section 88 or 87.\n(2) If a park owner recovers possession of a site and\nthere is valuable abandoned property on the site,\nthe park owner must –\n(a) as soon as practicable give notice, in the\napproved form, of the valuable\nabandoned property –\n(i) to the relevant resident, if the\npark owner has a forwarding\naddress for the resident; and\n(ii) by publishing the notice in a\nnewspaper circulating generally\nthroughout the State, if the park\nowner does not have a forwarding\naddress for the relevant resident;\nand\n(iii) to another person, if the park\nowner knows or reasonably\nsuspects that the other person has\nan interest in the property and the\nother person’s name and address\nare known to, or reasonably\nascertainable by, the park owner;\nand\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 6 – Termination of Residential Park Agreements s. 89\n105\n(b) take reasonable steps to keep the\nvaluable abandoned property safe until at\nleast –\n(i) if the valuable abandoned\nproperty is protected abandoned\nproperty, 60 days after the\nTribunal made the order for\npossession that has resulted in the\nvaluable abandoned property\nbecoming protected abandoned\nproperty; or\n(ii) in any other case, 28 days after\nthe park owner gave notice under\nparagraph (a) in respect of the\nvaluable abandoned property.\n(3) A person who is entitled to possession of\nvaluable abandoned property may claim the\nproperty by paying to the park owner –\n(a) the reasonable costs incurred by the park\nowner in dealing with the valuable\nabandoned property in accordance with\nthis Division; and\n(b) any other reasonable costs incurred by\nthe park owner as a result of the valuable\nabandoned property being left on the site.\n(4) If valuable abandoned property is not claimed\nwithin the period specified in subsection (2)(b)\nin respect of the property, the park owner must,\nas soon as practicable after the end of that\nperiod, have the property sold by public auction.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 89 Part 6 – Termination of Residential Park Agreements\n106\n(5) A park owner may use reasonable force –\n(a) to gain entry to valuable abandoned\nproperty; or\n(b) to remove, or otherwise deal with,\nvaluable abandoned property as\nreasonably necessary for –\n(i) the park owner’s use of the site;\nor\n(ii) the sale of the property.\n(6) If the park owner sells valuable abandoned\nproperty by public auction in accordance with\nsubsection (4), the park owner –\n(a) may retain out of the proceeds of sale –\n(i) the reasonable costs incurred by\nthe park owner in dealing with\nthe property in accordance with\nthis Division; and\n(ii) any other reasonable costs\nincurred by the park owner as a\nresult of the property being left\non the site; and\n(iii) any amounts owed to the park\nowner under the residential park\nagreement; and\n(b) must pay any remaining proceeds from\nthe sale to –\n(i) the owner of the property; or\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 6 – Termination of Residential Park Agreements s. 90\n107\n(ii) if the identity and address of the\nowner are not known to, or\nreasonably ascertainable by, the\npark owner, to the Director.\n(7) For the avoidance of doubt, if the park owner\nsells valuable abandoned property by public\nauction in accordance with subsection (4), the\npurchaser of the property acquires a good title to\nthe property which defeats –\n(a) the resident’s interest in the property; and\n(b) the interest of any other person in the\nproperty, unless the purchaser has actual\nnotice of the interest before purchasing\nthe property.\n(8) If a dispute arises between a park owner and\nresident about the exercise of powers conferred\nby this section, the Tribunal may, on application\nby either party to the dispute, make orders\nresolving the matters in dispute.\n90. Action to deal with protected abandoned property\n(1) The park owner may not take any action to deal\nwith abandoned property of the following type\non a site unless the Tribunal has made an order\nfor possession of the site:\n(a) a dwelling installed or located on a site in\nthe residential park;\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 90 Part 6 – Termination of Residential Park Agreements\n108\n(b) an item of property of a value, or kind,\nprescribed for the purposes of this\nsection.\n(2) A park owner must take reasonable steps to keep\nthe abandoned property referred to in\nsubsection (1) safe on the site until the Tribunal\ndetermines an application for an order for\npossession of the site.\n(3) If the Tribunal makes an order for possession of\na site where a dwelling is installed or located, the\nTribunal may also make one or more of the\nfollowing orders:\n(a) an order regarding the sale, relocation or\ndisposal of the dwelling;\n(b) an order regarding the disbursement of\nsale proceeds from the sale of the\ndwelling;\n(c) an order requiring the relevant park\nowner to permit the owner of the\ndwelling to access the site for the\npurpose of selling the dwelling in\naccordance with the order.\n(4) Section 89 does not apply to a dwelling, installed\nor located on a site, to the extent that that section\nis inconsistent with an order of the Tribunal\nmade in respect of the dwelling.\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 7 – Park Rules s. 91\n109\nPART 7 – PARK RULES\n91. Park rules\n(1) The park owner of a residential park may make\nrules about the use, enjoyment, control and\nmanagement of the park.\n(2) However, rules may be made only about any of\nthe following:\n(a) the use of common areas and the\noperation of facilities in those areas;\n(b) the making and abatement of noise;\n(c) the carrying on of sporting and other\nrecreational activities;\n(d) the speed limits for motor vehicles;\n(e) the parking of motor vehicles;\n(f) the disposal of refuse;\n(g) the keeping of pets;\n(h) the maintenance standards for dwellings\ninstalled or located in the residential park\nby residents, if those standards relate to\nthe general amenity of the park;\n(i) the landscaping and maintenance of sites;\n(j) guests or visitors of residents;\n(k) other things prescribed under a\nregulation.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 92 Part 7 – Park Rules\n110\n(3) In addition to subsection (2), rules made under\nthis section in respect of a residential park may\ninclude a rule that limits the residents of that\npark to persons who have attained the age of 50\nyears.\n(4) A rule made by a park owner in respect of a\nresidential park is void for the purposes of this\nAct to the extent that the rule is inconsistent with\nthis Act or any other Act.\n(5) For the avoidance of doubt, rules made under\nthis section are not –\n(a) subordinate legislation for the purposes\nof the Subordinate Legislation Act 1992;\nor\n(b) statutory rules within the meaning of the\nRules Publication Act 1953.\n92. Amendment of park rules\n(1) In this section –\namendment to park rules includes –\n(a) a variation of a park rule; and\n(b) the addition to the park rules of a\nnew rule; and\n(c) the revocation of an existing park\nrule.\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 7 – Park Rules s. 93\n111\n(2) Subject to subsection (3), a park owner may\nmake written amendments to park rules in\nrespect of a residential park.\n(3) If a residents committee has been established for\nthe residential park, the park owner must\nconsult, and consider the views of, the\ncommittee in relation to the amendment of park\nrules.\n(4) An amendment does not have effect unless the\npark owner has provided written notice of the\namendment to each resident of the residential\npark at least 14 days before the amendment is to\ntake effect.\n(5) For the purposes of subsection (4), a park owner\nhas provided written notice to a resident if the\npark owner –\n(a) emails the written notice to the resident,\nif the resident has provided the park\nowner with an email address; and\n(b) gives a copy of the written notice to the\nresident.\n93. Application to Tribunal if park rules are considered\nunreasonable\n(1) An application may be made to the Tribunal, by\none or more residents of a residential park, to\ndeclare a park rule in respect of the park\nunreasonable.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 93 Part 7 – Park Rules\n112\n(2) If an application is made to the Tribunal about\nthe reasonableness of park rules, the Tribunal\nmay make any of the following orders:\n(a) an order declaring the rule or proposed\nrule to be reasonable or unreasonable;\n(b) an order changing the rule in a way that it\nconsiders appropriate to make it\nreasonable.\n(3) A park rule is void if the Tribunal makes an\norder that the rule is unreasonable.\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 8 – Legal Proceedings s. 94\n113\nPART 8 – LEGAL PROCEEDINGS\nDivision 1 – Proceedings generally\n94. Application of Part\nThis Part applies to a residential park dispute in\nrespect of a residential park agreement,\nregardless of whether the residential park\nagreement was entered into before or after the\ncommencement of this Act.\n95. Jurisdiction of Tribunal\nFor the avoidance of doubt, the Tribunal has the\njurisdiction to hear and determine a residential\npark dispute.\n96. Applications not affected by certain matters\n(1) An application to the Tribunal under this Act is\nnot affected if, after the date of the application,\nthe applicant ceases to be a resident of the\nresidential park.\n(2) An application to the Tribunal, under this Act,\nby a residents committee is not affected if, after\nthe date of the application –\n(a) the membership of that committee\nchanges; or\n(b) the committee is wound up.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 97 Part 8 – Legal Proceedings\n114\n97. Power to intervene\n(1) The Director may intervene in proceedings\nbefore the Tribunal or a court concerning a\nresidential park dispute.\n(2) If the Director intervenes in proceedings, the\nDirector becomes a party to the proceedings and\nhas all the rights (including rights of appeal) of a\nparty to the proceedings.\nDivision 2 – Powers of Tribunal\n98. General powers of Tribunal to resolve disputes\n(1) The Tribunal may, on application by a party to a\nresidential park dispute –\n(a) restrain an action in breach of this Act or\na residential park agreement; or\n(b) require a person to comply with an\nobligation under this Act or a residential\npark agreement; or\n(c) order a person to make a payment (which\nmay include compensation); or\n(d) modify a residential park agreement to\nenable the resident to recover\ncompensation payable to the resident by\nway of a reduction in the rent otherwise\npayable under the agreement; or\n(e) relieve a party to a residential park\nagreement from the obligation to comply\nwith a provision of the agreement; or\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 8 – Legal Proceedings s. 99\n115\n(f) terminate a residential park agreement or\ndeclare that a residential park agreement\nhas, or has not, terminated; or\n(g) reinstate rights under a residential park\nagreement that have been forfeited or\nhave otherwise terminated; or\n(h) require payment of rent to a specified\nperson until conditions stipulated by the\nTribunal have been complied with; or\n(i) determine how a security deposit, paid in\nrespect of rented property, is to be\ndisbursed between the relevant park\nowner and resident; or\n(j) require a resident to give up possession\nof rented property to the park owner; or\n(k) exercise any other power conferred on\nthe Tribunal under this Act; or\n(l) do anything else necessary or desirable to\nresolve a residential park dispute.\n(2) The Tribunal does not have jurisdiction to award\ncompensation for damages arising from personal\ninjury.\n99. Tribunal may make orders\n(1) In proceedings under this Act, the Tribunal may\nmake an order –\n(a) in the nature of an injunction including\nan interim injunction; or","sortOrder":6},{"sectionNumber":"retrieval-0008","sectionType":"document_chunk","heading":"Document excerpt 8","content":"Residential Parks Act 2026\nAct No. of 2026\ns. 100 Part 8 – Legal Proceedings\n116\n(b) for specific performance; or\n(c) that is ancillary or incidental in nature; or\n(d) in the alternative so that a particular\norder takes effect, or does not take effect,\naccording to whether the conditions of\nthe original order are complied with.\n(2) An order under this section may include such\nconditions as the Tribunal considers appropriate.\n100. Tribunal may rescind or vary unfair or\nunconscionable terms\n(1) The Tribunal may, on application by a resident,\nmake an order rescinding or varying a term of a\nresidential park agreement if satisfied that the\nterm is unfair or unconscionable.\n(2) On making an order under subsection (1), the\nTribunal may make consequential changes to the\nresidential park agreement or another related\ndocument.\n101. Park owner may make urgent application to\nterminate residential park agreement\n(1) If a resident is given a notice to leave under\nDivision 3 of Part 4, the park owner may apply\nto the Tribunal for an order that the residential\npark agreement in respect of that resident be\nterminated.\n(2) An application under subsection (1) must be\nmade within 2 working days after the notice to\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 8 – Legal Proceedings s. 101\n117\nleave is given to the resident to which the\napplication relates.\n(3) On hearing an application under this section, the\nTribunal may make an order that –\n(a) terminates the residential park agreement\nas at the date of the order and make an\norder for possession of the rented\nproperty; or\n(b) terminates the residential park\nagreement, as specified in the order, and\nauthorises the resident to be on site\nsolely for the purpose of –\n(i) removing the resident’s property\nfrom the site; or\n(ii) selling a dwelling on the site in\naccordance with this Act; or\n(c) vests the residential park agreement in a\nperson, other than the resident, who\nresides or resided on the rented property\nwith the resident; or\n(d) allows the resident to resume occupation\nof the rented property under the\nresidential park agreement.\n(4) The Tribunal must not determine an application\nunder this section without the resident, to which\nthe application relates, being represented at a\nhearing of the application unless the Tribunal is\nsatisfied that all reasonable efforts have been\nmade to notify the resident of the hearing.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 101 Part 8 – Legal Proceedings\n118\n(5) The Tribunal may make any ancillary or\nincidental orders that the Tribunal considers\nappropriate.\n(6) If the Tribunal orders that the resident be\nallowed to resume occupation of the rented\nproperty under the residential park agreement,\nand is satisfied that there was no reasonable\nbasis for the giving of the notice to the resident\nto leave under Division 3 of Part 4, the Tribunal\nmay make one or more of the following orders:\n(a) an order excusing the resident from\npaying rent while the resident was\nexcluded from entering or remaining in\nthe residential park;\n(b) an order for compensation to be paid to\nthe resident by the park owner for rent\npaid in respect of the period during\nwhich the resident was excluded from\nentering or remaining in the residential\npark;\n(c) an order for compensation to be paid to\nthe resident by the park owner for\nreasonable expenses incurred by the\nresident relating to either or both of the\nfollowing:\n(i) the notice to leave given to the\nresident by the park owner;\n(ii) the period for which the resident\nwas excluded from entering or\nremaining in the residential park.\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 8 – Legal Proceedings s. 102\n119\nDivision 3 – Appeals to Tribunal\n102. Resident may appeal refusal to transfer agreement\n(1) If a request by a resident, under section 18, to\ntransfer a residential park agreement is refused\nby the relevant park owner, the resident may\napply to the Tribunal for an order –\n(a) declaring that there are no reasonable\ngrounds for refusing the transfer of the\nagreement to the person nominated by\nthe resident; and\n(b) requiring the park owner to transfer the\nagreement in accordance with the terms\nof the order.\n(2) If the Tribunal is satisfied that a residential park\nagreement is to be transferred in accordance with\nsection 18, the Tribunal –\n(a) is to make an order in accordance with\nsubsection (1); and\n(b) may make such other orders as the\nTribunal considers appropriate.\n103. Party to agreement may appeal termination notice\n(1) If a person receives a notice under section 74 in\nrespect of a breach of a residential park\nagreement, the person may apply to the Tribunal\nfor an order –\n(a) declaring that –\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 104 Part 8 – Legal Proceedings\n120\n(i) the person is not in breach, or has\nremedied the breach, of the\nresidential park agreement as\nspecified in the notice; and\n(ii) the agreement is not liable to be\nterminated under section 74; or\n(b) reinstating the agreement.\n(2) If the Tribunal is satisfied that a residential park\nagreement has been validly terminated under\nsection 74, but that it is reasonable in the\ncircumstances to reinstate the agreement, the\nTribunal may make an order reinstating the\nagreement on such conditions as the Tribunal\nconsiders appropriate.\n(3) If the Tribunal makes an order under\nsubsection (2) in respect of a residential park\nagreement, the Tribunal may also make\nalternative orders providing for reinstatement of\nthe agreement if specified conditions are\ncomplied with but, if not, ordering the resident to\ngive up vacant possession of the rented property\nto the park owner.\n104. Party to agreement may appeal termination of\nagreement\n(1) If a party to a residential park agreement\nterminates the agreement other than in\naccordance with a notice under section 74, any\nother party to the agreement may apply to the\nTribunal for an order reinstating the agreement.\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 8 – Legal Proceedings s. 104\n121\n(2) On hearing an application under subsection (1),\nthe Tribunal may make an order –\n(a) declaring that the residential park\nagreement, that is the subject of the\napplication, has not been terminated; or\n(b) declaring that the residential park\nagreement, that is the subject of the\napplication, has been terminated.\n(3) If the Tribunal is satisfied that a residential park\nagreement, that is the subject of an application\nunder subsection (1), has been terminated but\nthat it is reasonable in the circumstances to\nreinstate the agreement –\n(a) the Tribunal may make an order\nreinstating the agreement on such terms\nand conditions as the Tribunal considers\nappropriate; and\n(b) if an order reinstating the agreement is\nmade under paragraph (a) and is subject\nto conditions, may also make alternative\norders that, if the specified conditions are\nnot complied with –\n(i) the resident is to give up vacant\npossession of the rented property\nto the park owner; or\n(ii) other terms and conditions that\nmay apply to a party of an\nagreement so reinstated are\nwaived.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 105 Part 8 – Legal Proceedings\n122\n105. Party to agreement may appeal disbursement of\nsecurity deposit\n(1) Within 7 days after a dispute under section 46 is\ndetermined by the Commissioner under\nsection 47, a party to the dispute may apply to\nthe Tribunal against the determination of the\ndispute.\n(2) In determining an application under\nsubsection (1), the Tribunal is to hold a new\nhearing in respect of the dispute.\n(3) In deciding an appeal in respect of a dispute\nunder section 46, the Tribunal may –\n(a) confirm the determination of the\nCommissioner made under section 47 in\nrespect of the dispute; or\n(b) vary the determination and specify how\nthe security deposit, paid in respect of the\nresidential park agreement to which the\ndispute related, is to be disbursed to the\nrelevant park owner and resident.\n(4) The Tribunal may make any ancillary or\nincidental orders that the Tribunal considers\nappropriate in respect of an application under\nthis section.\nDivision 4 – Repossession of rented property\n106. Order for possession\n(1) The Tribunal may, on application by the park\nowner, if satisfied that a residential park\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 8 – Legal Proceedings s. 106\n123\nagreement has terminated, make an order for\npossession of the rented property.\n(2) The order for possession takes effect on a date\nspecified by the Tribunal in the order, being a\ndate not more than 7 days after the date of the\norder.\n(3) However, if the Tribunal, although satisfied that\nthe park owner is entitled to an order for\npossession of the rented property, is satisfied by\nthe resident that the grant of an order for\nimmediate possession of the rented property\nwould cause severe hardship for the resident, the\nTribunal may –\n(a) suspend the operation of the order for\npossession for up to 90 days; and\n(b) extend the operation of the residential\npark agreement until the park owner\nobtains vacant possession of the rented\nproperty from the resident.\n(4) In extending the operation of the residential park\nagreement, the Tribunal may make modifications\nto the agreement that it considers appropriate\n(but the modifications cannot reduce the\nresident’s financial obligations under the\nagreement except as may be appropriate for the\nrecovery by the resident of any compensation\npayable to the resident).\n(5) If the resident fails to comply with an order for\npossession, the park owner is entitled to\ncompensation for any loss caused by that failure.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 107 Part 8 – Legal Proceedings\n124\n(6) The Tribunal may, on application by the park\nowner, order the resident to pay to the park\nowner compensation to which the park owner is\nentitled under subsection (5).\n107. Abandonment of rented property\n(1) The Tribunal may, on application by a park\nowner –\n(a) declare that a resident abandoned rented\nproperty on a day stated in the\ndeclaration; and\n(b) make an order for immediate possession\nof the rented property.\n(2) In deciding whether a resident has abandoned\nrented property, the Tribunal is to take into\naccount the following matters:\n(a) whether rent payable under the\nresidential park agreement is unpaid;\n(b) whether the dwelling is unoccupied and\nneglected;\n(c) whether the resident’s mail is being\ncollected;\n(d) reports from neighbours, or other\npersons, about the absence or\nwhereabouts of the resident;\n(e) whether electricity or other services to\nthe rented property have been\ndisconnected or terminated;\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 8 – Legal Proceedings s. 108\n125\n(f) whether the resident’s personal effects\nhave been removed from the rented\nproperty;\n(g) any other matters that the Tribunal\nconsiders relevant.\n(3) A resident is to be taken to have abandoned the\nrented property on the day stated in a declaration\nunder this section.\n(4) If a resident has abandoned rented property, the\npark owner is entitled to compensation for any\nloss (including loss of rent) caused by the\nabandonment.\n(5) However, the park owner must take reasonable\nsteps to mitigate any loss and is not entitled to\ncompensation for loss that could have been\navoided by those steps.\n(6) The Tribunal may, on application by the park\nowner, order the resident to pay to the park\nowner compensation to which the park owner is\nentitled under this section.\n108. Repossession of rented property\nA person must not enter rented property for the\npurpose of taking possession of the rented\nproperty before, or after, the end of a residential\npark agreement unless –\n(a) the resident abandons, or voluntarily\ngives up possession of, the rented\nproperty; or\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 109 Part 8 – Legal Proceedings\n126\n(b) the person is authorised to take\npossession of the rented property under\nthe order of a court or the Tribunal.\nPenalty: Fine not exceeding 200 penalty units.\n109. Forfeiture of head tenancy not to end agreement\nautomatically\n(1) A person may only take possession of rented\nproperty and defeat the resident’s right to\npossession under the residential park agreement,\nif the person takes possession of the rented\nproperty in accordance with an order for\npossession made by a court or the Tribunal.\n(2) A person may apply to a court or the Tribunal\nfor an order for possession of rental property if –\n(a) proceedings are underway in the court or\nTribunal in respect of the rental property;\nand\n(b) in the opinion of the court or Tribunal,\nthe person is an interested person in\nrespect of those proceedings.\n(3) On receipt of an application under subsection (2)\nor on its own initiative, the court or the Tribunal\nmay order that –\n(a) a residential park agreement vests in a\nperson who would, but for the\nagreement, be entitled to possession of\nthe rented property; and\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 8 – Legal Proceedings s. 110\n127\n(b) the person is taken, in accordance with\nthe terms and conditions of the\nresidential park agreement, to be the\nresident in respect of the rented property.\n(4) An order may be made under subsection (3) on\nsuch terms and conditions as the court or\nTribunal considers reasonable in the\ncircumstances.\nDivision 5 – Enforcement of orders for possession\n110. Enforcement of orders for possession\n(1) If an order for possession of rented property (the\npossession order) has been made by the\nTribunal, the person in whose favour the order\nhas been made may request that the Tribunal\nmake an order (the enforcement order) to\nenforce the possession order.\n(2) If a person has made a request for an\nenforcement order under subsection (1), the\nTribunal must make an enforcement order if the\nTribunal is satisfied that the enforcement order is\nreasonable in the circumstances.\n(3) An enforcement order under subsection (1) –\n(a) is to specify the person, or class of\npersons, who may enforce the possession\norder in respect of which the\nenforcement order was made; and\n(b) may specify, or empower, a person\nreferred to in paragraph (a) to take such\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 110 Part 8 – Legal Proceedings\n128\nactions as are specified in the\nenforcement order.\n(4) A person who is specified in an enforcement\norder, as a person who may enforce a possession\norder, must enforce the possession order as soon\nas practicable after the person receives a copy of\nthe enforcement order.\n(5) In enforcing a possession order in accordance\nwith subsection (4), a person, in addition to any\naction specified in the relevant enforcement\norder –\n(a) may take one or more of the following\nactions:\n(i) enter the rented property to which\nthe possession order relates;\n(ii) ask questions, if necessary for the\npurpose of enforcing the\npossession order;\n(iii) take all steps as are reasonably\nnecessary for the purpose of\nenforcing the possession order;\nand\n(b) may request the assistance of a police\nofficer to enforce the possession order;\nand\n(c) is responsible only for securing the\nremoval of persons from the rented\nproperty and not the removal of real\nproperty from the rented property.\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 8 – Legal Proceedings s. 110\n129\n(6) A police officer must assist a person in enforcing\na possession order if the police officer –\n(a) is satisfied that an enforcement order has\nbeen made under this section in respect\nof the possession order; and\n(b) has been requested to enforce the\npossession order by a person specified in\nthe enforcement order.\n(7) A person must not hinder or obstruct a person\nenforcing a possession order, in accordance with\nthis section and the relevant enforcement order.\nPenalty: Fine not exceeding 200 penalty units.\n(8) A person questioned under this section must not\nrefuse or fail to answer the question to the best\nof the person’s knowledge, information and\nbelief, except where the answer to the question –\n(a) might tend to incriminate the person or\nmake the person liable to a penalty or\nother sanction; or\n(b) would require the disclosure of\ninformation that is privileged on the\nground of legal professional privilege.\nPenalty: Fine not exceeding 200 penalty units.\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 111 Part 8 – Legal Proceedings\n130\nDivision 6 – Retaliatory action by park owner\n111. Retaliatory action by park owner\n(1) This section applies to proceedings before the\nTribunal –\n(a) on an application by a park owner for an\norder for possession of rented property or\nfor both termination of a residential park\nagreement and an order for possession of\nthe rented property; or\n(b) on an application by a resident for relief\nunder this section following receipt of a\nnotice of termination (whether or not the\nresidential park agreement has\nterminated by force of the notice).\n(2) If the Tribunal is satisfied that the park owner\nwas wholly or partly motivated to make the\napplication or give the notice of termination (as\nthe case may be) by action of the resident to\ncomplain to a government authority or secure or\nenforce the resident’s rights as a resident, the\nTribunal may do either or both of the following:\n(a) refuse the park owner’s application;\n(b) make an order reinstating the residential\npark agreement on such conditions, if\nany, as the Tribunal considers\nappropriate in the circumstances.\n(3) If the resident alleges retaliatory action on the\npart of the park owner and the Tribunal is\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 8 – Legal Proceedings s. 111\n131\nsatisfied that the resident had, within the\npreceding 6 months, taken action to complain to\na government authority or secure or enforce the\nresident’s rights as a resident, the onus is on the\npark owner to prove that the park owner was not\nwholly or partly motivated to make the\napplication, or give the notice of termination, by\nthe action of the resident.","sortOrder":7},{"sectionNumber":"retrieval-0009","sectionType":"document_chunk","heading":"Document excerpt 9","content":"Residential Parks Act 2026\nAct No. of 2026\ns. 112 Part 9 – Miscellaneous\n132\nPART 9 – MISCELLANEOUS\n112. Certain documents and terms void\n(1) Unless otherwise specified in this Act, an\nagreement or arrangement that is inconsistent\nwith this Act, or purports to exclude, modify or\nrestrict the operation of this Act, is to that extent\nvoid.\n(2) A purported waiver of a right under this Act is\nvoid.\n(3) A person must not enter into an agreement or\narrangement to override, defeat, evade or prevent\nthe operation of this Act, whether directly or\nindirectly.\nPenalty: Fine not exceeding 200 penalty units.\n113. Notice by park owner not waived by acceptance of\nrent\nA demand for, any proceeding for the recovery\nof, or acceptance of, rent by a park owner after\nthe park owner has given notice of a breach of\nthe agreement by the resident, or has given the\nresident a notice of termination under this Act,\ndoes not operate as a waiver of the breach or the\nnotice.\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 9 – Miscellaneous s. 114\n133\n114. Park owner must have safety evacuation plan\nA park owner must ensure that the park has a\nwritten plan for the safe evacuation of the park\nin the case of an emergency and that –\n(a) the plan complies with any prescribed\nrequirements; and\n(b) if the park has a residents committee –\nthe residents committee is consulted in\nrelation to the plan; and\n(c) the plan is provided to park residents or\nis otherwise available for inspection by\npark residents; and\n(d) the plan is reviewed at least once a year.\nPenalty: Fine not exceeding 100 penalty units.\n115. Infringement notices\n(1) In this section –\ninfringement offence means an offence\nagainst this Act or the regulations that is\nprescribed by the regulations to be an\ninfringement offence.\n(2) The Director may issue and serve an\ninfringement notice on a person if the Director\nreasonably believes that the person has\ncommitted an infringement offence.\n(3) An infringement notice –\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 116 Part 9 – Miscellaneous\n134\n(a) is to be in accordance with section 14 of\nthe Monetary Penalties Enforcement Act\n2005; and\n(b) is not to relate to 3 or more offences; and\n(c) may only be issued in respect of a person\nwho has attained the age of 18 years.\n(4) The regulations –\n(a) may prescribe, for infringement offences,\nthe penalties payable under infringement\nnotices; and\n(b) may prescribe different penalties for\nbodies corporate and individuals.\n116. Effect of prosecution on civil liability\nA person may be found civilly liable in respect\nof a breach of a residential park agreement\nwhether or not that person has been prosecuted\nfor an offence under this Act in respect of that\nbreach of agreement.\n117. Regulations\n(1) The Governor may make such regulations as are\ncontemplated by, or necessary or expedient for\nthe purposes of, this Act.\n(2) Without limiting the generality of subsection (1),\nthe regulations may do any of the following:\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 9 – Miscellaneous s. 117\n135\n(a) make provision in relation to the form or\ncontent of any document referred to in\nthis Act;\n(b) make provision in relation to the keeping\nof records for the purposes of this Act;\n(c) make provision for model park rules that\nmay be adopted, whether with or without\namendment, by a park owner;\n(d) require the preparation, and the provision\nto residents or prospective residents, of\npolicies relating to prescribed matters\nand regulate or prescribe the contents of\nsuch policies;\n(e) make provision for the calculation,\nimposition and collection of fees and\ncharges, and the allocation of any\nproceeds from the collection of such fees\nand charges, including, but not limited\nto –\n(i) fees and charges for an action\ntaken under this Act including,\nbut not limited to, the registration\nof a residential park; and\n(ii) fees and charges for an\napplication made under this Act\nincluding, but not limited to, an\napplication to the Tribunal; and\n(iii) the payment of fees and charges,\npayable under this Act, other than\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 117 Part 9 – Miscellaneous\n136\ninto the Public Account in\nspecified circumstances;\n(f) require the provision to residents, or\nprospective residents, of such other\ninformation or documents as may be\nprescribed;\n(g) make provision for or with respect to the\nelection, term of office, functions and\nprocedures of residents committees;\n(h) specify limitations on the terms of\nagreement that may be varied, or the\nmanner in which such terms may be\nvaried, as a result of a review of the\nagreement under Division 4 of Part 3;\n(i) make provisions of a savings or\ntransitional nature consequent on the\nenactment of any amendment to this Act\nor on the commencement of specified\nprovisions of this Act or on the making\nof regulations under this Act.\n(3) The regulations may –\n(a) provide that a contravention of, or a\nfailure to comply with, any of the\nregulations is an offence; and\n(b) in respect of such an offence, provide for\nthe imposition of a fine not exceeding 50\npenalty units and, in the case of a\ncontinuing offence, a further fine not\nexceeding 10 penalty units for each day\nduring which the offence continues.\n\nResidential Parks Act 2026\nAct No. of 2026\nPart 9 – Miscellaneous s. 117\n137\n(4) The regulations may –\n(a) authorise any matter to be determined,\napplied or regulated by a person or entity\nspecified in the regulations; and\n(b) confer a power or impose a duty on a\nspecified person, entity or class of\npersons.\n(5) The regulations may adopt or incorporate the\nwhole or part of any standard, rule, code,\nspecification, guideline, program, scheme or\nplan, as amended from time to time, with or\nwithout modification, issued, prescribed, made\nor published by any person or entity (including\nthe Crown) before or after the regulations take\neffect.\n(6) The regulations may exempt a person, class of\npersons, matter or other thing from the operation\nof this Act or any specified provision of this Act\nor the regulations including, but not limited to,\nan exemption from any fee, charge or levy\npayable under this Act.\n(7) A provision made by a regulation under\nsubsection (2)(i) may, if the regulations so\nprovide –\n(a) take effect from the commencement of\nan amendment to, or provision of, this\nAct or from a later day; and\n(b) have effect despite any provisions of this\nAct or despite any other savings or\ntransitional provisions enacted in relation\n\nResidential Parks Act 2026\nAct No. of 2026\ns. 118 Part 9 – Miscellaneous\n138\nto an amendment to, or provision of, this\nAct.\n118. Administration of Act\nUntil provision is made in relation to this Act by\norder under section 4 of the Administrative\nArrangements Act 1990 –\n(a) the administration of this Act is assigned\nto the Minister for Small Business, Trade\nand Consumer Affairs; and\n(b) the department responsible to that\nMinister in relation to the administration\nof this Act is the Department of Justice.\n119. Consequential amendments\nThe legislation specified in Schedule 2 is\namended as specified in that Schedule.\n\nResidential Parks Act 2026\nAct No. of 2026\nsch. 1\n139\nSCHEDULE 1 – TRANSITIONAL PROVISIONS\n1. Application to existing residential park agreements\n(1) This Act applies to a residential park agreement\nwhether the agreement was entered into before\nor after the commencement of this clause.\n(2) Despite subclause (1), a residential park\nagreement in force at the commencement of this\nclause need not be in writing nor comply with\nany other requirement of section 14.\n2. Exemption by Minister\nThe Minister may, by notice published in the\nGazette, grant an exemption (which may be\nconditional or unconditional) from the\napplication of this Act, or specified provisions of\nthis Act, in relation to –\n(a) agreements entered into before the\ncommencement of this clause; or\n(b) a specified agreement, or class of\nagreements, entered into before the\ncommencement of this clause.\n3. Security deposit to be paid to Rental Deposit\nAuthority\nIf, on the day on which this Act commences, a\npark owner holds a security deposit, however\ndescribed, in respect of a residential park\n\nResidential Parks Act 2026\nAct No. of 2026\nsch. 1\n140\nagreement, the park owner must provide the\nsecurity deposit to the Rental Deposit Authority\nas soon as practicable after this Act commences\nwith such information as the Rental Deposit\nAuthority requires.\n4. Draft agreements and rules to be prepared\nWithin 3 months after the commencement of this\nAct –\n(a) the Director is to publish a model\nresidential park agreement in accordance\nwith section 10(2); and\n(b) the Minister is to ensure that model park\nrules are prescribed.\n5. Transitional regulation-making power\n(1) In this section –\ncommencement day means the day on which\nthis Act commences;\ntransitional period means the 5-year period\nfrom the commencement day.\n(2) The Governor may make regulations under this\nAct to effect, and facilitate, the commencement\nof this Act.\n(3) Without limiting the generality of subclause (2),\nregulations made under this clause may –\n\nResidential Parks Act 2026\nAct No. of 2026\nsch. 1\n141\n(a) provide for the preservation,\ncontinuation, variation or revocation of\nan agreement in relation to –\n(i) a residential park; or\n(ii) a site at a residential park; or\n(b) exempt the Act, including regulations\nmade under the Act, from applying to\none or more of the following:\n(i) prescribed agreements, whether\nentered into before or after the\ncommencement day;\n(ii) prescribed classes of residential\nparks;\n(iii) prescribed classes of residential\npark agreements;\n(iv) prescribed classes of sites; or\n(c) subject to subclause (4), exclude the\noperation of all or specified parts of the\nBuilding Act 2016, or the Land Use\nPlanning and Approvals Act 1993, from\napplying to one or more of the following:\n(i) prescribed agreements, whether\nentered into before or after the\ncommencement day;\n(ii) prescribed classes of residential\nparks;\n\nResidential Parks Act 2026\nAct No. of 2026\nsch. 1\n142\n(iii) prescribed classes of residential\npark agreements;\n(iv) prescribed classes of sites;\n(d) on the advice of the department\nresponsible for the administration of the\nLand Use Planning and Approvals Act\n1993, exclude the operation of all or\nspecified parts of the Tasmanian\nPlanning Scheme, within the meaning of\nthat Act, from applying to all, or a\nspecified part of –\n(i) prescribed classes of residential\nparks; or\n(ii) prescribed classes of sites.\n(4) Regulations may only be made in accordance\nwith subclause (3)(c) if the regulations are made\non the advice of –\n(a) the Director of Building Control, within\nthe meaning of the Building Act 2016, if\nthe regulations relate to that Act; or\n(b) the department responsible for the\nadministration of the Land Use Planning\nand Approvals Act 1993, if the\nregulations relate to that Act.\n(5) Regulations made under subclause (2) may –\n(a) take effect on the commencement day or\na later day as specified in the regulations,\nwhether the day so specified is before, on\n\nResidential Parks Act 2026\nAct No. of 2026\nsch. 1\n143\nor after the day on which the regulations\nare made; and\n(b) only be in effect during the transition\nperiod; and\n(c) be made so as to apply differently\naccording to matters, limitations or\nrestrictions, whether as to time, location,\ncircumstance or otherwise, specified in\nthe regulations; and\n(d) authorise any matter to be from time to\ntime approved, determined, applied or\nregulated by a person specified in the\nregulations.\n\nResidential Parks Act 2026\nAct No. of 2026\nsch. 2\n144\nSCHEDULE 2 – CONSEQUENTIAL AMENDMENTS\nSection 119\nConsumer Affairs Act 1988\n1. Section 3A is amended by inserting “the\nResidential Parks Act 2026,” after “Prepaid\nFunerals Act 2004,”.\n2. Section 16 is amended as follows:\n(a) by inserting in subsection (3) “the\nResidential Parks Act 2026,” after\n“Prepaid Funerals Act 2004,”;\n(b) by inserting in subsection (4) “the\nResidential Parks Act 2026,” after\n“Prepaid Funerals Act 2004,”.\nResidential Tenancy Act 1997\n1. Section 3(1) is amended by inserting after the\ndefinition of residential manager the following\ndefinition:\nresidential park has the same meaning as in\nthe Residential Parks Act 2026;\n2. Section 48M is amended by omitting paragraphs\n(b), (c) and (d) and substituting the following\nparagraphs:\n(b) to collect data on the residential tenancy\nmarket, or the market relating to\nresidential parks, in Tasmania; and\n\nResidential Parks Act 2026\nAct No. of 2026\nsch. 2\n145\n(c) to conduct public awareness campaigns\nto educate –\n(i) parties to residential tenancy\nagreements regarding their\nobligations; and\n(ii) park owners and residents, within\nthe meaning of the Residential\nParks Act 2026, regarding their\nobligations under that Act; and\n(d) to carry out any other functions –\n(i) conferred on it by this Act or the\nResidential Parks Act 2026; or\n(ii) as may be prescribed under this\nAct or the Residential Parks Act\n2026.\n3. Section 48Q(2) is amended by inserting “under\nthis Act or the Residential Parks Act 2026” after\n“powers”.\nTasmanian Civil and Administrative Tribunal Act 2020\n1. Schedule 1 is amended by inserting after item 78\nthe following item:\n78A. The Residential Parks Act 2026.\n2. Schedule 2 is amended by omitting clause 2\nfrom Part 9 and substituting:\n\nResidential Parks Act 2026\nAct No. of 2026\nsch. 2\n146\n2. Functions and powers allocated to stream to\ndetermine residential building work disputes\nThe functions and powers of the Tribunal\nin relation to the following Acts,\nincluding the functions and powers\nconferred or imposed on the Tribunal by\nregulations, determinations or other\ninstruments made under those Acts, are\nallocated to the Civil and Consumer\nstream:\n(a) the Residential Building Work\nContracts and Dispute Resolution\nAct 2016;\n(b) the Residential Parks Act 2026.\n3. Schedule 4 is amended by inserting after item 50\nthe following item:\n50A. The Residential Parks Act 2026.\nGovernment Printer, Tasmania","sortOrder":8}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Compared with a narrow instrument that would only standardise core terms of park occupancy agreements, this Bill expands into a comprehensive regulatory regime. It adds: a publicly searchable register of parks (ss.7–8); mandatory routing of security deposits through the Rental Deposit Authority with associated dispute pathways (s.43, ss.45–47); a broad administrative/regulatory role for a Director who can intervene in disputes (ss.7, 97); extensive Tribunal powers and new offence/enforcement regimes (Part 8, Part 9); residents’ governance mechanisms (residents committees s.61); and a transitional power to temporarily exempt parks from building and planning laws (Schedule 1 cl.5). Those features move the Bill beyond simply defining minimum contractual terms into regulation of market structure, capital treatment of dwellings, and land‑use transition processes, so the present text materially broadens the original narrow purpose of regulating only residential park agreements."},"complexity_factors":["Extensive definitions in s.3 (around 27 named terms) creating many interpretive hooks (e.g. resident, rented property, residential park agreement, long‑term fixed agreement).","Length and breadth: nine Parts plus two Schedules covering substantive rights, administration, enforcement and transition.","Many cross‑references to other Acts and instruments (Residential Tenancy Act 1997, Building Act 2016, Land Use Planning and Approvals Act 1993, Rental Deposit Authority provisions), increasing legal interaction complexity.","Multiple conditional regimes and nested exceptions (e.g. fixed short‑term vs periodic agreements s.13; long‑term fixed agreements and review/reissue rules ss.34–37).","Broad Tribunal jurisdiction with discretionary remedies and multiple appeal routes (Part 8, ss.95–105), increasing procedural complexity.","Significant delegated/regulation‑making powers (s.117) and transitional regulation power with specific planning/building Act exclusions (Schedule 1 cl.5), which shift important details from primary law to subordinate instruments.","Detailed procedural requirements and timelines throughout (notice periods, delivery obligations, deposit handling, consultation and response windows), creating many compliance points.","Integration with an external agency (Rental Deposit Authority) and with the Commissioner for deposit disputes (ss.43–47) — operational complexity in cross‑agency workflows."],"plain_english_summary":"**What this law does (mechanics)\n\n- Creates a standalone statutory regime for \"residential parks\": places where people live in lots/sites (often with moveable homes, caravans or manufactured dwellings). (See defined terms and s.4–6.)\n\n- Sets the coverage rule: the Act applies to agreements that give a person a right to occupy a site as their principal place of residence for 90 days or more (s.4). There are explicit exclusions: holidays, ordinary residential tenancies, retirement villages, hospitals, some institutional accommodation and any other classes prescribed (s.5).\n\n- Establishes an administrative framework: a Director (consumer affairs office) maintains a public register of parks, can publish model agreements and forms, investigate breaches and intervene in disputes (ss.7–8, 97). The Director can delegate functions (s.7(2)).\n\n- Requires written, clear residential park agreements that include statutory terms (ss.14, 17). Park owners must prepare agreements, give prospective residents copies before signing and provide executed copies within 14 days (ss.10–11). A model agreement may be published by the Director (s.10(2)).\n\n- Imposes a set of statutory terms that automatically become part of every agreement (Division 3 of Part 3). Examples:\n  - Transferability: residents can request the agreement be transferred to a nominated person; park owners must not unreasonably refuse and must reply within 14 days (s.18).\n  - Rights to sell a resident-owned dwelling on-site (s.19) and protections against park owners hindering sales (s.65).\n  - Vacant possession, quiet enjoyment and 24-hour access to site and basic common facilities (ss.20–22).\n  - Park owner duties to keep the park and common areas clean, in repair and to maintain certain services; resident duties to keep their site clean and notify damage (ss.23–25).\n  - Rules about alterations by residents, reasonable consent processes and reasons to withhold consent (s.27).\n  - Limits on what residents may be charged and a ban on many upfront or recurrent fees commonly called \"entry/exit fees\", management fees, holding fees, communal contribution fees and similar unless expressly authorised (s.42).\n\n- Security deposits: can be required but must be paid into the Rental Deposit Authority (not held privately) and cannot exceed four weeks' rent; interest belongs to the Authority (s.43). Disputes about disbursement are dealt with via the Authority and the Commissioner and can be appealed to the Tribunal (ss.45–47).\n\n- Rent rules: rent accrues daily, payment periods are capped (max 4 weeks per payment period) unless agreed, increases are limited to once every 12 months with 60 days' notice (ss.48–52). The Tribunal can declare increases excessive and fix a new level for up to 12 months (s.52).\n\n- Termination and repossession: the Act sets out multiple grounds and strict notice/form requirements (Part 6). Some owner-initiated terminations (demolition, uninhabitable, redevelopment) require Tribunal authorisation or long notice periods and re-homing/relocation offers (ss.73, 76, 80). Urgent removal for serious violence is permitted by notice to leave with quick Tribunal processes available (ss.59–61, 101).\n\n- Park rules: owners may make park rules on a prescribed list of topics (parking, pets, noise, common areas etc.) but rules form part of agreements only if validly notified; residents may apply to the Tribunal to declare rules unreasonable (ss.91–93).\n\n- Dispute resolution and enforcement: the Tasmanian Civil and Administrative Tribunal (Tribunal) has jurisdiction over residential park disputes and broad powers to order remedies, vary agreements, award compensation (except personal injury damages), grant possession orders and enforce them (Part 8). The Director can intervene in litigation (s.97).\n\n- Offences, fines and administrative powers: there are multiple criminal/penalty provisions for non‑compliance (notification failures, false statements, discriminatory advertising, improper dealing with abandoned property etc.), infringement notice powers for the Director and broad regulation‑making powers for the Governor/Minister (Part 9).\n\n- Transitional provisions: the Act applies to existing agreements but grants limited transitional relief (written form and some other requirements may not immediately apply to pre-existing agreements), requires the Director to publish model documents within 3 months and gives the Governor power to make transition regulations (Schedule 1).\n\n\nWho this affects and who pays, decides and changes behaviour\n\n- Who pays: residents continue to pay rent and permitted utility charges; park owners must pay statutory charges for the site (rates, land tax etc.) unless a permitted pass‑through is separately metered (s.26). Park owners bear costs of preparing agreements, registering parks, maintaining common infrastructure and complying with notices/Tribunal orders; they must forward security deposits to the Rental Deposit Authority (s.43). Fines for non‑compliance are payable by the offending party (various provisions).\n\n- Who decides: the park owner controls day‑to‑day management within the Act’s constraints (can make park rules, maintain locks, enforce conduct standards). The Director sets approved forms, runs the register and can intervene (ss.7–8, 117). The Tribunal decides disputes, can vary agreements and make possession and remedial orders (Part 8). The Minister/Governor makes regulations and can grant exemptions in limited transitional circumstances (s.117; Sch 1).\n\n- Behaviour changes required: park owners must adopt written agreements, provide prescribed information to residents, limit or abolish many extra fees, hold deposits in the Authority, respond to transfer and consent requests within statutory time frames, maintain services and consult residents committees on rule changes (multiple provisions). Residents gain statutory transfer and sale rights and new procedural routes to challenge rules, rent increases and terminations.\n\n\nOfficial purpose-claims and an evidence‑based test of trade‑offs\n\n- The Bill’s stated object is to regulate residential parks and the agreements between park owners and residents. That manifests as statutory minimum terms, stronger disclosure, dispute routes (Tribunal), and administrative oversight (Director, public register).\n\n- Costs and compliance burdens: park owners face new administrative burdens (register notifications s.8; written agreements s.14; model‑document compliance; keeping records and issuing receipts s.53–54; forwarding deposits to the Rental Deposit Authority s.43). There are timelines and penalties attached to many procedural obligations. The set‑up and ongoing compliance are concentrated costs on park owners and may raise operating costs for small operators.\n\n- Revenue/income effects and incentives: the Act prohibits a broad class of upfront and recurring fees that have been revenue sources for some park operators (s.42). That shifts the income model toward rent and permitted pass‑throughs, potentially compressing margins. Conversely, transparent rules around rent increases (s.50) and Tribunal review (s.52) reduce the ability to extract unregulated charges.\n\n- Property and capital effects: giving residents statutory rights to transfer agreements (s.18) and to sell on‑site dwellings (s.19), plus protections on abandonment and sale procedures (Part 6), changes the liquidity and valuation dynamics for dwellings in parks. Park owners’ control over site use is reduced in defined ways, and buyers of dwellings may have clearer expectations, which could either raise or lower market values depending on market views.\n\n- Litigation risk and administrative discretion: broad Tribunal powers (Part 8), infringement notice powers (s.115), and large regulation‑making and transitional exemption powers (s.117, Sch 1 cl.5) create ongoing compliance risk and discretionary enforcement exposure for owners. The Director’s intervention power (s.97) adds another active regulator.\n\n- Implementation risks and capacity needs: the scheme requires the Rental Deposit Authority to receive and manage potentially many deposits (s.43), the Director to maintain a public register and publish model documents (ss.7–8, sch.1), and the Tribunal to absorb additional dispute volume (ss.95–99; consequential amendments to Tribunal Act in Sch 2). Without resourcing these actors, complainant delays, bottle‑necked determinations or improper disbursements are possible.\n\n- Trade‑offs and substitution effects: limiting fees may induce owners to seek alternative permitted charges (for example, separately metered utilities where allowed under s.26). Restrictions on termination for redevelopment (s.80) plus relocation offers aim to protect residents but increase the time and cost of repurposing sites for owners.\n\n\nConcrete implementation/capture risks and opportunities for rent‑seeking\n\n- The Act gives the Executive power to prescribe exemptions, exempt parks from parts of building or planning law during a 5‑year transition, and to make detailed regulations (Schedule 1 cl.5 and s.117). Those powers are necessary for transition but create a window where special‑case exemptions can be granted — raising the risk that particular parks could secure favourable regulatory treatment if the process is not transparent.\n\n- Concentrated benefits/ diffuse costs: obligations, fines and restrictions are concentrated on park owners (fewer entities) while benefits — clearer consumer protections — are diffuse among many residents. That creates asymmetric incentives for regulation and for enforcement lobbying.\n\n\nWhat to watch in implementation\n\n- Capacity and funding of the Rental Deposit Authority and Tribunal to handle the volume of security deposit lodgements and disputes (ss.43–47, Part 8).\n- The detail of regulations and approved forms (s.117): these will determine how much flexibility remains to owners and how much administrative burden is imposed.\n- Use of transitional regulation powers that may exempt parks from planning/building standards (Schedule 1 cl.5) — these could materially affect housing quality and local land‑use outcomes.\n- How the Director uses public registers, interventions and infringement notices (ss.7–8, 115): active enforcement will increase compliance costs; limited enforcement will reduce effect.\n\n\nKey cited sections: general coverage — s.4; exclusions — s.5; Director and register — ss.7–8; written agreements and content — ss.10–16; statutory terms — s.17 and many (noted above); security deposits — s.43; fee prohibition — s.42; rent variation and Tribunal review — ss.50–52; transfers and sales — ss.18–19, 65; termination and redevelopment protections — Part 6 (notably ss.73, 76, 80); park rules — ss.91–93; dispute resolution and Tribunal powers — Part 8; regulation and transitional powers — s.117 and Schedule 1.\n"},"summary":{"status_summary":"The Residential Parks Bill 2026 was introduced in the Tasmanian House of Assembly on 24 March 2026 and has passed that chamber, now awaiting consideration by the Legislative Council.","complexity_score":8,"likely_questions":["Does this Bill apply to a holiday park or short-term tourist accommodation?","Can a resident sell their caravan or manufactured home while living in the park?","What happens if the park owner wants to close the park or redevelop the land?","How is a security deposit handled and what can the park owner deduct from it?"],"complexity_factors":["The Bill is lengthy with over 100 sections and multiple parts, divisions, and schedules covering agreements, rents, deposits, termination, park rules, legal proceedings, and transitional provisions.","It creates a standalone regulatory scheme specific to residential parks with detailed procedural requirements for notices, reviews, and Tribunal applications.","There are multiple cross-references to other Tasmanian Acts (Residential Tenancy Act, Consumer Affairs Act, Tasmanian Civil and Administrative Tribunal Act) and many powers delegated to regulations.","The Bill includes nuanced concepts such as periodic tenancy arising automatically from fixed short-term agreements, first-option purchase rights for park owners over dwellings, and mandatory agreement reviews after five years.","Compliance requires understanding of prescribed forms, statutory notice periods, security deposit lodgement procedures, and the interaction between state and local government laws for redevelopment."],"plain_english_summary":"The Bill creates a new regulatory framework for residential parks in Tasmania, requiring written agreements with mandatory protections for residents (security of tenure, capped deposits, limited rent rises, transfer/sale rights) and new duties on park owners (maintenance, registers, relocation/purchase obligations on redevelopment). \n\nIt strengthens resident rights and dispute enforcement while increasing compliance and potential costs for park owners, which may affect investment, supply and affordability of park housing."}},"importantCases":[],"_links":{"self":"/api/acts/residential-parks-bill-2026","history":"/api/acts/residential-parks-bill-2026/history","analysis":"/api/acts/residential-parks-bill-2026/analysis","conflicts":"/api/acts/residential-parks-bill-2026/conflicts","importantCases":"/api/acts/residential-parks-bill-2026/important-cases","documents":"/api/acts/residential-parks-bill-2026/documents"}}