3Definitions

#### 3 Definitions 3 Definitions > > (1) In this Act— > > > > approved form means a form approved by the principal registrar of the Tribunal. > > > > exercise a function includes perform a duty. > > > > function includes a power, authority or duty. > > > > holiday park means— > > > > > (a) a caravan park (that is, land, including a camping ground, on which caravans, or caravans and other moveable dwellings, have been, are or are to be placed, installed or erected), or > > > > > (b) a manufactured home estate (that is, land on which manufactured homes have been, are or are to be placed), > > > > whether or not the caravan park or manufactured home estate is the subject of an approval under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030). > > > > investigator means an investigator appointed under section 18 of the [Fair Trading Act 1987](/view/html/inforce/current/act-1987-068). > > > > long-term casual occupant means an occupant under an occupation agreement to which this Act applies. > > > > manufactured home means a self-contained dwelling (that is, a dwelling that includes at least one kitchen, bathroom, bedroom and living area and that also includes toilet and laundry facilities) that comprises one or more major sections, and is not a registrable moveable dwelling, and includes any associated structures that form part of the dwelling. > > > > moveable dwelling means— > > > > > (a) any caravan or other van or other portable device (whether on wheels or not) other than a tent, used for human habitation, or > > > > > (b) a manufactured home, or > > > > > (c) any conveyance, structure or thing (other than a tent or similar structure) of a class or description prescribed by the regulations for the purposes of this definition. > > > > occupant means a person who has the right to occupy a site under an occupation agreement. > > > > occupation agreement means any agreement under which a person grants to another person for value a right to occupy a site— > > > > > (a) whether or not the right is a right of exclusive occupation, and > > > > > (b) whether the agreement is express or implied, and > > > > > (c) whether the agreement is oral or in writing, or partly oral and partly in writing. > > > > occupation fee means an amount payable under an occupation agreement by an occupant in respect of a period of the occupancy. > > > > park manager, in relation to a holiday park, means the person employed or appointed as park manager under section 45. > > > > park owner, in relation to an occupation agreement, means any person who grants the right to occupy a site under the occupation agreement. > > > > relocatable home means a moveable dwelling that is not— > > > > > (a) a moveable dwelling that is a motor vehicle, trailer or other registrable vehicle within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), or > > > > > (b) a moveable dwelling of a type prescribed by the regulations for the purposes of this paragraph. > > > > Secretary means— > > > > > (a) the Commissioner for Fair Trading, Department of Customer Service, or > > > > > (b) if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department of Customer Service. > > > > signed includes executed by a corporation in any manner permitted by law. > > > > site means a site within a holiday park that is used, or is intended to be used, for the installation of a moveable dwelling for long-term casual occupation and includes any other part of premises (such as a parking space or storeroom) let with the site. > > > > Tribunal means the Civil and Administrative Tribunal. > > > > Note— > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act. > > > (2) In this Act, a reference to an occupant includes a person to whom an occupant has granted the right to occupy a site. > > > (3) For the purposes of determining whether an agreement is an occupation agreement as defined in subsection (1), it does not matter that the person granted the right of occupation is a corporation if the site is occupied (or intended for occupation) by a natural person. > > **s 3:** Am 2013 No 19, Sch 4.27; 2013 No 95, Sch 4.18 \[1\]; 2013 No 97, Sch 3.7 \[1\]; 2015 No 15, Sch 1.14 \[1\]; 2016 No 55, Sch 1.12 \[1\]; 2022 No 59, Sch 3.35.