1. The RT Act defines 'mobile home' to mean a dwelling (whether on wheels or not) that can be transferred from place to place and re-erected; and "mobile home park" to mean land lawfully used for the purpose of accommodating mobile homes or caravans, and including a caravan park or camping ground.
2. The RT Act provides at section 6F that any agreement relating to the occupation or rental of a caravan or mobile home in a mobile home park will not be a residential tenancy agreement.
3. The RT Act at section 71C provides that an agreement is an occupancy agreement if a person (the grantor) gives someone else (the occupant) a right to occupy stated premises; and the premises are for the occupant to use as a home and the right is given for value and the agreement is not a residential tenancy agreement.
4. 'Premises' is defined in the RT Act as follows:

(a) any habitable structure, whether it is fixed to the land or not; and

(c) any land, buildings or structures belonging to the premises.

1. The general approach is that the word 'includes' is used if it is intended to enlarge the ordinary meaning of the word. The legislature cannot be taken to have exhaustively defined premises in accordance with paragraphs (a), (b) and (c) of the definition of 'premises'.
2. For the purposes of statutory interpretation, words are to be given their meaning by reading them in the context of the Act as a whole. The RT Act in 'Part 5A - Occupancy Agreements' refers to mobile homes in a mobile home park in relation to the occupancy principles found at section 71E. The legislation specifically refers to an occupant occupying a mobile home on land in a mobile home park where the mobile home is not provided by the grantor.
3. Section 71E relevantly provides:

(1) In considering a matter, or making a decision, under this Act in relation to an occupancy agreement for premises, a person must have regard to the following principles (the occupancy principles):

_(a) an occupant is entitled to live in premises that are - _

(b) an occupant is entitled to know the rules of the premises before moving in;

(c) an occupant is entitled to the certainty of having the occupancy agreement in writing if the occupancy continues for longer than 6 weeks;

(d) an occupant is entitled to quiet enjoyment of the premises;

(e) a grantor is entitled to enter the premises at a reasonable time on reasonable grounds to carry out inspections or repairs and for other reasonable purposes;

(f) an occupant is entitled to 8 weeks notice before the grantor increases the amount to be paid for the right to occupy the premises;

(g) an occupant is entitled to know why and how the occupancy may be terminated, including how much notice will be given before eviction;

(h) an occupant must not be evicted without reasonable notice;

(i) a grantor and occupant should try to resolve disputes using reasonable dispute resolution processes.

_(2) If an occupant occupies a mobile home on land in a mobile home park and the mobile home is not provided by the grantor - _

(a) the occupancy principle in subsection (1) (e) applies to the land and any fixtures provided by the grantor, but not the mobile home; and

(b) the grantor is entitled to enter the mobile home only with reasonable notice, at reasonable times, on reasonable grounds and for reasonable purposes.

1. ACAT has considered the characteristics and definition of occupancy agreements in Cotsell at paragraph 20 and following. The Appeal Tribunal stated:

The definition of premises in the Act is inclusive rather than exhaustive. ACAT may, in determining the meaning of premises, have regard to common usage and the general law. ACAT is required to give meaning to premises in the context of the Act as a whole, and with regard to the intention of the legislature as gathered from, inter alia, the scope, purpose and object of the Act.

...When the word 'premises' is used in the Act, it must be taken to refer to premises intended to be used for residential purposes. The tribunal is required to give meaning to 'premises' in accordance with the settled principles of statutory interpretation. That is, to interpret words in the context of the Act as a whole, and to assign a meaning that is consistent with the intention of the legislature.

The word 'premises' is defined in the Macquarie Dictionary as a house or building with the grounds, etc, belonging to it.

The Butterworths Property Law Dictionary defines premises as:

buildings, self-contained apartment all rooms within buildings or land. A very general term, it is used in particular to refer to rooms or buildings subject to a lease, or from which a business is conducted or from which some other activity is carried out... Premises may consist solely of land or buildings, or may encompass partly land and partly buildings.

1. The Appeal Panel in Cotsell noted that the occupancy agreement between the parties contemplated two essential matters: that the territory would, for a fee, permit the occupant to use a block of land for occupation in a caravan or mobile home owned by the applicant; and the land and the caravan or mobile home would be occupied as a home. Cotsell also confirmed an application relating to an agreement for the occupation of a site at Narrabundah Long Stay Caravan Park.
2. I am satisfied that the word 'premises' is unambiguous and that its inclusive definition in the RT Act does not confine its meaning to a dwelling and land. The inclusive definition serves to enlarge the ordinary meaning of the word 'premises' - buildings or land or buildings and land. Within the context of the RT Act 'premises' are used as a home. Although it was not necessary, therefore, to have regard to extrinsic materials, the extrinsic materials (as set out below) support this conclusion.

24. Part 5A of the RT Act was inserted by amendment in 2004. The Explanatory Statement[1] notes that the Act is amended to apply to a wide range of agreements - principally agreements of a short term nature, including licences, boarder contracts and lodger contracts, extended over a wide range of premises presently excluded from the Act, including caravan parks and student accommodation.

1. During the Legislative Assembly debates concerning the passage of the Residential Tenancies Amendment Bill 2004, there was considerable discussion of the benefits that would accrue to residents of caravan parks.
2. Specifically, there was discussion of an amendment to the Bill which introduced the occupancy principle now set out in section 71E (2) of the RT Act:

_If an occupant occupies a mobile home on land in a mobile home park and the mobile home is not provided by the grantor - _

(a) the occupancy principle in subsection (1) (e) applies to the land and any fixtures provided by the grantor, but not the mobile home; and

(b) the grantor is entitled to enter the mobile home only with reasonable notice, at reasonable times, on reasonable grounds and for reasonable purposes.

1. Mr Stefaniak, speaking to this amendment, stated[2]:

This amendment tries to rectify a problem for long-term residents in a caravan park who, in this instance, own their own van. This amendment ensures that, if they occupy a mobile home which they own on land in a caravan park, the occupancy principle applies to the land and any fixtures provided by the grantor, but not to the mobile home. It ensures that the grantor is entitled to enter the mobile home only with reasonable notice, only at reasonable times and only on reasonable grounds and for reasonable purposes.

We are probably all aware that this has not been done in the past and that the grantors, or people in that position, have entered privately owned mobile homes in circumstances that may not be reasonable. This amendment brings it much more into line with other tenancy-type arrangements. We think this is only fair, especially if the person owns their own home but happens to have it parked at a mobile home park

1. As stated in Cotsell there is a clear intention that those parts of the Act that concern occupancy agreements, apply in situations where the land is owned by the grantor and a mobile home on the land is owned by the occupier or grantee. The land and home are in those circumstances properly described as 'premises' for the purposes of the definition of an occupancy agreement contained in section 71C. If an agreement between the parties relates to a mobile home on land in a mobile home park, where the land is owned by one party and the mobile home is owned by a second party and the second party has the right under the agreement to place the mobile home on the land of the first party then: 'premises' will include both the land and the mobile home, and the agreement will be an occupancy agreement.[3]
2. I therefore find that the agreement between the Territory and Ms Arndt is an occupancy agreement.

[1] 2004 Legislative Assembly for the Australian Capital Territory: Residential Tenancies Amendment Bill 2004, Explanatory Statement at page 8

[2] ACT_, Parliamentary Debates,_ Legislative Assembly, 17 August 2004, 3787-8 (Bill Stefaniak)

[3] Commissioner for Social Housing in the ACT & Cotsell [2012] ACAT 25 at [32] to [34]