Part 8relates to sub-tenancy agreements and contains a provision that extends the meaning of the term park owner in relation to sub-tenancy agreements.

Part 8 relates to sub-tenancy agreements and contains a provision that extends the meaning of the term park owner in relation to sub-tenancy agreements. park rules—see Part 2; permanently fixed dwelling means a structure that— (a) has the character of a dwelling; and (b) is designed to be permanently fixed to land; and (c) could not, under any reasonable arrangement, be removed in a state that would allow the structure to be reused as a dwelling at another place; personal documents means official documents, photographs, correspondence or other documents that it would be reasonable to expect a person might wish to keep; personal representative of a deceased resident means a person who is entitled at law to administer the estate of the deceased resident; preliminary rent control notice has the same meaning as in the Housing Improvement Act 2016; President means the President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013; Registrar means the Registrar of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013; rent means an amount payable under a residential park agreement for the right to occupy the rented property for a period under the agreement; rent control notice has the same meaning as in the Housing Improvement Act 2016; rented property means— (a) in relation to a residential park tenancy agreement—the site and dwelling in respect of which the right of occupancy has been granted under the residential park tenancy agreement; or (b) in relation to a residential park site agreement—the site in respect of which the right of occupancy has been granted under the residential park site agreement, and includes, in either case, so far as the context admits, property (not forming part of the site or dwelling) that is provided by the park owner, either under the agreement or independently of the agreement, for use by the resident; resident of a residential park means a person who is granted a right of occupancy under a residential park tenancy agreement or a residential park site agreement in respect of the residential park, or a person to whom the right passes by assignment or operation of law, and includes a prospective resident or a former resident; residential park means an area of land used or intended to be used in either or both of the following ways: (a) as a complex of sites of dwellings in respect of which rights of occupancy are conferred under various residential park tenancy agreements, together with common area bathroom, toilet and laundry facilities and other common areas; (b) as a complex of sites in respect of which rights of occupancy are conferred under various residential park site agreements, together with common areas (which may, but need not, include bathroom, toilet and laundry facilities); residential park agreement means— (a) a residential park tenancy agreement; or (b) a residential park site agreement; residential park dispute means— (a) a claim under a residential park agreement or a collateral agreement; or (b) a dispute between parties or former parties to a residential park agreement or a collateral agreement about matters arising under the agreement or this Act; or (c) any matter that may be the subject of an application under this Act to the Tribunal; residential park site agreement means an agreement under which a park owner grants another person, for valuable consideration, a right (which may, but need not, be an exclusive right) to occupy a site in the residential park, and to install or locate a dwelling on the site, for residential purposes; residential park tenancy agreement means— (a) an agreement under which a park owner grants another person, for valuable consideration, a right (which may, but need not, be an exclusive right) to occupy a site in the residential park, and a dwelling made available on the site by the park owner, for residential purposes; or (b) an agreement (a sub-tenancy agreement) under which a resident grants another person, for valuable consideration, a right (which may, but need not, be an exclusive right) to occupy the site in respect of which the resident has a right of occupancy, and the dwelling on the site (whether a dwelling made available by the park owner or installed or located on the site by the resident), for residential purposes; statutory charges means— (a) rates or other charges on land under the Local Government Act 1999; and (b) rates or other charges under the Waterworks Act 1932 or the Sewerage Act 1929; and (c) tax under the Land Tax Act 1936; and (d) levies under the Emergency Services Funding Act 1998; and (e) levies under the Landscape South Australia Act 2019; and (f) any charges of a kind imposed under an Act and declared by regulation to be statutory charges; sub-tenancy agreement—see paragraph (b) of the definition of residential park tenancy agreement; sub-tenancy managing agent agreement—see Part 8; trailer has the same meaning as in the Motor Vehicles Act 1959; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013. (2) If this Act provides for something to be done within a specified period from a particular day, the period is to be taken not to include the particular day. (3) If this Act provides that action may be taken after the expiration of a specified period of days, the period is to be taken to be a period of clear days. (4) For the purposes of this Act, a residential park agreement includes an agreement granting a corporation a right in respect of a dwelling that is occupied, or intended to be occupied, as a place of residence by a natural person. (5) For the purposes of this Act, a residential park agreement will be taken to be for a short term if it is for a term of 90 days or less (and all other residential park agreements will be taken to be for a long term). (6) A reference in this Act to the market value of a dwelling or other asset is a reference to the estimated amount for which the dwelling or asset should exchange, at the relevant time, between a willing buyer and a willing seller in an arm's length transaction, after proper marketing and where the parties had each acted knowledgeably, prudently and without compulsion. 4—Presumption of periodicity in case of fixed short terms (1) If a residential park agreement is entered into for a fixed short term, the agreement is taken to be an agreement for a periodic tenancy with a period equivalent to the length of the fixed term unless the park owner establishes that— (a) the resident genuinely wanted an agreement ending at the end of the fixed short term and the term was fixed at the resident's request; or (b) before the residential park agreement was entered into— (i) the park owner gave the resident a notice containing a warning in the form approved by the Commissioner; and (ii) the resident signed a statement in the form approved by the Commissioner acknowledging that the resident did not expect to continue in occupation of the rented property after the end of the term stated in the agreement. 5—Application of Act (1) This Act does not apply to an agreement that confers on a person a right to occupy a dwelling in a residential park unless the dwelling is or is to be the person's principal place of residence. (2) For the purposes of this Act, evidence that the address of a residential park in which a person has a right to occupy a dwelling is the person's address as appearing on the electoral roll is to be taken, in the absence of proof to the contrary, to be proof that the dwelling is the person's principal place of residence. (3) This Act does not apply to an agreement that has been genuinely entered into for the purpose of conferring on a person a right to occupy a dwelling in a residential park for a holiday. (4) For the purposes of this Act— (a) an agreement conferring a right to occupy a dwelling for a fixed term of 60 days or longer; or (b) an arrangement consisting of 2 or more agreements that confer on the same person a right to occupy a dwelling for consecutive fixed terms the sum of which is 60 days or longer, is to be taken, in the absence of proof to the contrary, not to be an agreement referred to in subsection (3). (5) For the purposes of this Act, evidence that a person has occupied a dwelling in a residential park under an agreement for 60 days or longer is to be taken, in the absence of proof to the contrary, to be proof that the agreement is not an agreement referred to in subsection (3). (6) For the purposes of this Act, a term of an agreement to the effect that a right to occupy a dwelling in a residential park is conferred by the agreement for a holiday is not of itself sufficient to establish that the agreement is an agreement referred to in subsection (3). (7) This Act does not apply to— (a) an agreement giving a right of occupancy in— (i) a hotel or motel; or (ii) an educational institution, college, hospital or nursing home; or (iii) club premises; or (iv) a home for aged or disabled persons administered by an eligible organisation under the Aged or Disabled Persons Care Act 1954 of the Commonwealth; or (v) a retirement village within the meaning of the Retirement Villages Act 1987; or (vi) a supported residential facility within the meaning of the Supported Residential Facilities Act 1992; or (vii) premises prescribed by regulation, or premises of a class prescribed by regulation; or (b) an agreement under which a person boards or lodges with another; or (c) an agreement for the sale of land or a dwelling, or both, that confers a right to occupy the land or dwelling, or both, on a party to the agreement; or (d) a mortgage; or (e) an agreement prescribed by regulation, or an agreement of a class prescribed by regulation.