43Exemption from application of Act

43 Exemption from application of Act

(1)  In this regulation –[Regulation 43 Subregulation (1) amended by No. 26 of 2022, s. 32, Applied:01 Dec 2022]

[Regulation 43 Subregulation (1) amended by No. 26 of 2022, s. 32, Applied:01 Dec 2022] Homes Tasmania means Homes Tasmania established by section 9(1) of the Homes Tasmania Act 2022 .

(2)  A person who acts as a property manager is exempt from the application of the Act if all property managed by the property manager is only leased or let for a period of 90 days or less.

(3)  Two or more leases or lettings of the same property are to be treated as a single leasing or letting for the purposes of this regulation if –

(a) each leasing or letting is to the same person or persons; and

(b) any break in the occupancy of the property by that person, or those persons, is less than 7 days.

(4)  A person who acts as a property manager in relation to property –

(a) [Regulation 43 Subregulation (4) amended by No. 26 of 2022, s. 32, Applied:01 Dec 2022] that is held by Homes Tasmania; or

(b) which is social housing, within the meaning of the Residential Tenancy Act 1997 ; or

(c) [Regulation 43 Subregulation (4) amended by No. 26 of 2022, s. 32, Applied:01 Dec 2022] in respect of which a residential management agreement, within the meaning of section 16A of the Residential Tenancy Act 1997 , is in force between Homes Tasmania and another person –

is, in relation to that property, exempt from the application of the Act.