Div 1Entering into residential park agreements

Division 1—Entering into residential park agreements 9A—Application of Part For the avoidance of doubt, this Part applies to a residential park agreement whether it is the first agreement between the resident and the park owner or is a reissued or subsequent agreement between the parties. 10—Residential park agreement to be in writing (1) A residential park agreement must be in writing. (2) The agreement must include the terms prescribed by this Act and any terms prescribed by regulation as standard terms for residential park agreements. (2a) The Commissioner must ensure that a model residential park agreement, that may be used by park owners as a guide or template when preparing their own agreements, is published on a website determined by the Commissioner. (3) If, for a standard term of a residential park agreement to be effective, the term requires stated information to be included in it, the agreement is to be taken to include the standard term only if the information is properly included. (4) The agreement must— (a) be written in a clear and precise way; and (b) precisely identify the site; and (c) state— (i) the park owner’s full name and address for service of documents; and (ii) if the park owner is a company—the address of the registered office of the company; and (iii) the resident's full name and place of occupation; and (d) subject to subsection (4a), be signed by the parties; and (e) comply with any other requirements prescribed by the regulations (including as to the content or form of the agreement). (4a) The following agreements do not need to be signed by the parties: (a) a written agreement for a periodic tenancy that arises under section 17A; (b) a written copy of a reissued agreement provided to a resident under section 17B(1)(b), but an agreement referred to in paragraph (a) must include the date, or approximate date, on which the resident was first granted the right to occupy the site (if known). (5) If a residential park agreement does not comply with a requirement of this section, the park owner is guilty of an offence. 11—Copies of written agreements If a park owner invites or requires a resident to sign a written residential park agreement, or a document recording its terms, the park owner must ensure that— (a) the resident receives a copy of the agreement or other document (for the resident to keep), when the resident signs it; and (b) if the agreement or other document has not been signed by the park owner, a copy of the agreement or other document, as executed by all parties, is delivered to the resident within 14 days after the resident gives the agreement or other document back to the park owner to complete its execution. 12—Agreements incorporate park rules (1) The park rules for a residential park (as from time to time in force under Part 2) are to be taken to constitute terms of every residential park agreement relating to the park. (2) A park owner must ensure— (a) that a written residential park agreement, or a document recording its terms, includes a copy of any park rules in force for the residential park at the time of the agreement; and (b) if the rules included in an agreement are later amended in accordance with Part 2—that the resident is notified of the amendment and provided with a written copy of the amendment. 13—Cost of preparing written agreement The cost of preparing a written residential park agreement, or a document recording its terms, must be borne by the park owner. 14—Information to be provided by park owners to residents (1) A park owner must ensure that a resident is given the following material in accordance with this section: (a) a copy of any park rules in force for the residential park; (b) a written notice stating— (i) any kind of charge payable by the resident in accordance with requirements imposed under Part 4 Division 10; and (ii) any services provided to residents by the park owner on a fee‑for‑service basis; (ba) if electricity is supplied to the rented property via a connection point that is part of an embedded network—the prescribed information relating to the supply of electricity; (c) a written notice stating— (i) the park owner’s full name and address for service of documents; and (ii) if the park owner is a company—the address of the registered office of the company; and (iii) contact details for a person who will, on behalf of the park owner, carry out emergency repairs to the rented property or common area facilities of the park; (d) a written notice stating— (i) whether the resident is entitled to the payment of any amount (other than a bond) at the time the resident ceases to occupy the rented property and, if such an entitlement exists, the amount that will be payable or the method that will be used to determine the amount that will be payable; and (ii) in the case of a residential park site agreement—the resident's rights to sell or relocate a dwelling on the site and any arrangements that may apply in the event that the resident, after the expiration of a period determined under the regulations, has been unable to sell the dwelling on the open market; and (iii) any other information required by the regulations; (e) an information notice; (f) in the case of a residential park site agreement—a disclosure statement; (g) in the case of a residential park site agreement—a site condition report; (h) educational publications prescribed by the regulations. (1a) The material referred to in subsection (1) must be given to the resident— (a) in the case of a residential park site agreement—at least 14 days before the park owner and resident enter into the agreement; or (b) in the case of a residential park tenancy agreement—before or at the time the park owner and resident enter into the agreement. (1b) Despite subsection (1a)(a), material referred to in subsection (1) relating to a residential park site agreement may be given to a resident less than 14 days before the park owner and resident enter into the agreement if— (a) the agreement is for a short term; and (b) the resident has, by notice in writing, waived the entitlement under subsection (1a)(a). (1c) A document of a kind referred to in subsection (1)(b) to (g) (inclusive) must be in a form approved by the Commissioner. (2) A park owner must ensure that a resident is given, before or at the time the resident commences occupation of the rented property under a residential park agreement, manufacturers' manuals, or written or oral instructions, about the operation of any appliances and devices provided for the use of the resident as part of the rented property or the common area facilities of the residential park. (3) If a person succeeds another as the park owner, the new park owner must, within 14 days, notify the resident in writing of— (a) the full name and address for service of documents of the new park owner; and (b) if the new park owner is a company—the address of the registered office of the company; and (c) contact details for a person who will, on behalf of the new park owner, carry out emergency repairs to the rented property or common area facilities of the park. (4) If a name or address or contact details of which the park owner is required to notify the resident under this section changes, the park owner must, within 14 days, notify the resident in writing of the change. (5) A park owner who refuses or fails to provide information as required by this section is guilty of an offence. (6) A park owner must not knowingly make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of a particular) in information provided to a person under this section. (7) In this section— embedded network has the same meaning as in the National Electricity Rules. 15—False information from resident A resident must not give a park owner false information about the resident's identity or place of occupation. 16—Non-compliance not to affect validity or enforceability A residential park agreement is not rendered void or unenforceable by non-compliance with a requirement of this Part.