QLDIn ForceAct
Manufactured Homes (Residential Parks) Act 2003
sec.40AOther orders
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### sec.40A Other orders
This section applies if the tribunal makes a termination order under section 39 in relation to a site agreement.
With the consent of the home owner, the tribunal may order the park owner to make a comparable site within the park available to the home owner for the positioning of the manufactured home.
However, the tribunal can not make an order under subsection (2) if the tribunal is satisfied there is no comparable site available.
If the tribunal makes an order under subsection (2) , the tribunal—
must make an order varying the site agreement to identify the comparable site; and
may make any other order, including an order varying the site agreement in another way, the tribunal considers appropriate in relation to the comparable site.
Subsection (2) does not prevent a compensation order being made in favour of the home owner.
s 40A ins 2010 No. 46 s 15
amd 2024 No. 28 s 9
(sec.40A-ssec.1) This section applies if the tribunal makes a termination order under section 39 in relation to a site agreement.
(sec.40A-ssec.2) With the consent of the home owner, the tribunal may order the park owner to make a comparable site within the park available to the home owner for the positioning of the manufactured home.
(sec.40A-ssec.3) However, the tribunal can not make an order under subsection (2) if the tribunal is satisfied there is no comparable site available.
(sec.40A-ssec.4) If the tribunal makes an order under subsection (2) , the tribunal— must make an order varying the site agreement to identify the comparable site; and may make any other order, including an order varying the site agreement in another way, the tribunal considers appropriate in relation to the comparable site.
(sec.40A-ssec.5) Subsection (2) does not prevent a compensation order being made in favour of the home owner.
- (a) must make an order varying the site agreement to identify the comparable site; and
- (b) may make any other order, including an order varying the site agreement in another way, the tribunal considers appropriate in relation to the comparable site.