10Application of Act

10 Application of Act (1) This Act applies to a caravan park agreement, made on or after the commencement of this section, that specifies the period of the occupancy granted under the agreement is for the prescribed period or more. (2) If it is intended that a person will occupy a caravan and caravan site, or a caravan site, in a caravan park under a caravan park agreement for a period less than the prescribed period, Parts 2 to 15 do not apply to the agreement even if the person and operator enter into a further agreement and the combined periods under the agreements is a continuous period for the prescribed period or more.

Caravan Parks Act 2012 8 (3) If a caravan park is advertised as being for "holiday accommodation" or "tourist accommodation", Parts 2 to 15 do not apply to an agreement for an occupancy in the caravan park even if the period of the occupancy is for the prescribed period or more. (4) Also, Parts 2 to 15 do not apply to an agreement of the following types: (a) an agreement under which no rent is payable in return for the granting of a right to occupy a caravan and caravan site, or a caravan site, for the purpose of a residence; (b) an agreement under which no rent is payable and services are provided in return for the granting of a right to occupy a caravan and caravan site, or a caravan site, for the purpose of a residence; (c) an agreement for a caravan and a caravan site, or a caravan site, provided for the use of homeless, unemployed or disadvantaged persons for charitable purposes or for the purpose of providing emergency shelter or accommodation; (d) an agreement made between family members or friends under which a nominal rent is charged if the parties do not intend to create a caravan park agreement to which this Act applies; (e) an agreement under which a person occupies, or intends to occupy, an immovable dwelling or mobile home that is not located in a caravan park. (5) Despite subsections (1) to (4), if an agreement provides this Act or Parts 2 to 15 apply to the agreement, this Act or the Parts so apply. (6) If, under this section, Parts 2 to 15 do not apply to an agreement in relation to a caravan and caravan site, or a caravan site, in a caravan park, the agreement is an excluded agreement. (7) In this section: prescribed period means 12 months.