sec.28Declaration

### sec.28 Declaration The tenant of residential premises in a community area may apply to the clerk of the court for the area for a declaration that the premises are a dry place. The application must— be in writing; and be accompanied by documentary evidence that the applicant is the tenant of the premises. If the premises have 2 or more tenants, the application must be jointly made by both or all the tenants. The clerk must as soon as practicable consider the application, and make the declaration if the clerk is satisfied— the applicant is the tenant of the premises; and if the premises have 2 or more tenants—the application is jointly made by both or all the tenants. If the clerk makes the declaration, the clerk must give written notice of the declaration to each of the following— the applicant; the Queensland Police Service. The declaration takes effect once notice of the declaration is first displayed under section 29 . Subject to sections 31 and 32 , the declaration remains in force— if the application is made by a person mentioned in paragraph (a) of the definition tenant in section 27 —indefinitely and regardless of a change in the tenant, of the premises, within the meaning of that term in the Residential Tenancies and Rooming Accommodation Act 2008 , section 13 (1) ; or if the application is made by a person mentioned in paragraph (b) of the definition tenant in section 27 , while the premises continue to be— let under the Aboriginal Land Act 1991 , or the Torres Strait Islander Land Act 1991 , for residential use; and occupied by the applicant; or if the application is made by a person mentioned in paragraph (c) of the definition tenant in section 27 , while the premises continue— not to be let; and to be occupied by the applicant. If the clerk refuses to make the declaration, the clerk must give the applicant written notice of the refusal and the reason for the refusal. s 28 prev s 28 ins 1999 No. 53 s 6 om 2004 No. 37 s 86 sch 1 pres s 28 ins 2002 No. 46 s 11 amd 2007 No. 59 s 25 sub 2008 No. 30 s 10 amd 2008 No. 73 s 554 sch 1 ; 2014 No. 45 s 58 sch 1 pt 1 (sec.28-ssec.1) The tenant of residential premises in a community area may apply to the clerk of the court for the area for a declaration that the premises are a dry place. (sec.28-ssec.2) The application must— be in writing; and be accompanied by documentary evidence that the applicant is the tenant of the premises. (sec.28-ssec.3) If the premises have 2 or more tenants, the application must be jointly made by both or all the tenants. (sec.28-ssec.4) The clerk must as soon as practicable consider the application, and make the declaration if the clerk is satisfied— the applicant is the tenant of the premises; and if the premises have 2 or more tenants—the application is jointly made by both or all the tenants. (sec.28-ssec.5) If the clerk makes the declaration, the clerk must give written notice of the declaration to each of the following— the applicant; the Queensland Police Service. (sec.28-ssec.6) The declaration takes effect once notice of the declaration is first displayed under section 29 . (sec.28-ssec.7) Subject to sections 31 and 32 , the declaration remains in force— if the application is made by a person mentioned in paragraph (a) of the definition tenant in section 27 —indefinitely and regardless of a change in the tenant, of the premises, within the meaning of that term in the Residential Tenancies and Rooming Accommodation Act 2008 , section 13 (1) ; or if the application is made by a person mentioned in paragraph (b) of the definition tenant in section 27 , while the premises continue to be— let under the Aboriginal Land Act 1991 , or the Torres Strait Islander Land Act 1991 , for residential use; and occupied by the applicant; or if the application is made by a person mentioned in paragraph (c) of the definition tenant in section 27 , while the premises continue— not to be let; and to be occupied by the applicant. (sec.28-ssec.8) If the clerk refuses to make the declaration, the clerk must give the applicant written notice of the refusal and the reason for the refusal. - (a) be in writing; and - (b) be accompanied by documentary evidence that the applicant is the tenant of the premises. - (a) the applicant is the tenant of the premises; and - (b) if the premises have 2 or more tenants—the application is jointly made by both or all the tenants. - (a) the applicant; - (b) the Queensland Police Service. - (a) if the application is made by a person mentioned in paragraph (a) of the definition tenant in section 27 —indefinitely and regardless of a change in the tenant, of the premises, within the meaning of that term in the Residential Tenancies and Rooming Accommodation Act 2008 , section 13 (1) ; or - (b) if the application is made by a person mentioned in paragraph (b) of the definition tenant in section 27 , while the premises continue to be— (i) let under the Aboriginal Land Act 1991 , or the Torres Strait Islander Land Act 1991 , for residential use; and (ii) occupied by the applicant; or - (i) let under the Aboriginal Land Act 1991 , or the Torres Strait Islander Land Act 1991 , for residential use; and - (ii) occupied by the applicant; or - (c) if the application is made by a person mentioned in paragraph (c) of the definition tenant in section 27 , while the premises continue— (i) not to be let; and (ii) to be occupied by the applicant. - (i) not to be let; and - (ii) to be occupied by the applicant. - (i) let under the Aboriginal Land Act 1991 , or the Torres Strait Islander Land Act 1991 , for residential use; and - (ii) occupied by the applicant; or - (i) not to be let; and - (ii) to be occupied by the applicant.