Schedule 1—Transitional provisions
1—Application to existing residential park agreements
This Act applies to a residential park agreement whether the agreement was entered into before or after the commencement of this clause.
2—Application to existing park rules
Part 2 applies to rules that—
(a) have been made by the park owner of a residential park; and
(b) are binding on residents of the park under the terms of the residential park agreements to which the park owner and the residents are parties,
whether the rules were made before or after the commencement of this clause.
3—Exemption by Minister
The Minister may, by notice published in the Gazette, grant an exemption (which may be conditional or unconditional) from the application of this Act, or specified provisions of this Act, in relation to—
(a) agreements entered into before the commencement of this clause; or
(b) a specified agreement, or class of agreements, entered into before the commencement of this clause; or
(c) rules (to which clause 2 applies) made before the commencement of this clause; or
(d) a specified rule, or class of rules, (to which clause 2 applies) made before the commencement of this clause.
4—Existing residential park agreements need not comply with formal requirements
A residential park agreement in force at the commencement of this clause need not be in writing nor comply with any other requirement of section 10.
5—Existing bond to be paid to Commissioner
A person who holds any amount by way of a bond at the commencement of this clause must pay the amount of the bond to the Commissioner within 7 days after that commencement.
Maximum penalty: $1 250.
Expiation fee: $160.
Legislative history
Notes
• Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Legislation amended by principal Act
The Residential Parks Act 2007 amended the following:
Residential Tenancies Act 1995
Principal Act and amendments
New entries appear in bold.
Year
No
Title
Assent
Commencement
Residential Parks Act 2007
14.6.2007
5.11.2007 (Gazette 25.10.2007 p4044) except ss 18 & 43—14.6.2009 (s 7(5) Acts Interpretation Act 1915)
Statutes Amendment (Public Sector Consequential Amendments) Act 2009
10.12.2009
Pt 130 (s 298)—1.2.2010 (Gazette 28.1.2010 p320)
Residential Tenancies (Miscellaneous) Amendment Act 2013
9.5.2013
Sch 1 (cl 2)—9.5.2015 (Gazette 16.4.2015 p1534)
Statutes Amendment (SACAT) Act 2014
11.12.2014
Pt 13 (ss 138—157)—29.3.2015 (Gazette 5.3.2015 p883)
Housing Improvement Act 2016
4.8.2016
Sch 1 (cll 2—9)—3.4.2017 (Gazette 7.3.2017 p830)
Residential Parks (Miscellaneous) Amendment Act 2019
21.2.2019 except ss 6 to 19, 21, 22, 26 & Sch 1 (cll 3 to 6)—12.8.2019 (Gazette 4.7.2019 p2614)
Statutes Amendment (SACAT) Act 2019
11.7.2019
Pt 23 (s 147)—1.10.2019 (Gazette 29.8.2019 p3138)
Landscape South Australia Act 2019
21.11.2019
Sch 5 (cl 78)—1.7.2020 (Gazette 25.6.2020 p3502)
Public Holidays Act 2023
7.12.2023
Sch 1 (cl 18)—1.1.2024: s 2
Residential Tenancies (Miscellaneous) Amendment Act 2023
7.12.2023
Sch 1 (cll 2 to 5, 6(2) to (4), 7 to 9, 10(1), 11 to 34)—1.3.2024 (Gazette 1.2.2024 p109); cll 6(1), (5) & 10(2)—1.7.2024 (Gazette 13.6.2024 p1430)
South Australian Civil and Administrative Tribunal (Miscellaneous) Amendment Act 2025
27.3.2025
Sch 1 (cl 2)—28.4.2025 (Gazette 24.4.2025 p773)
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Long title
amended under Legislation Revision and Publication Act 2002
Pt 1
s 2
omitted under Legislation Revision and Publication Act 2002
s 3
s 3(1)
bailiff
substituted by 26/2014 s 138(1)
business day
deleted by 39/2023 Sch 1 cl 18
1.1.2024
Deputy President
inserted by 26/2014 s 138(2)
deputy registrar
deleted by 26/2014 s 138(2)
Deputy Registrar
inserted by 26/2014 s 138(2)
housing assessment order
housing demolition order
housing improvement notice
deleted by 36/2016 Sch 1 cl 2(1)
housing improvement order
notice to vacate
inserted by 36/2016 Sch 1 cl 2(2)
personal representative
inserted by 1/2019 s 4(1)
preliminary rent control notice
inserted by 36/2016 Sch 1 cl 2(3)
President
inserted by 26/2014 s 138(3)
Presiding Member
deleted by 26/2014 s 138(3)
registrar
deleted by 26/2014 s 138(4)
Registrar
inserted by 26/2014 s 138(4)
rent control notice
inserted by 36/2016 Sch 1 cl 2(4)
statutory charges
amended by 33/2019 Sch 5 cl 78
1.7.2020
Tribunal
substituted by 26/2014 s 138(5)
s 3(5) and (6)
inserted by 1/2019 s 4(2)
s 4
s 4(1)
amended by 1/2019 s 5(1)
s 4(2)
deleted by 1/2019 s 5(2)
Pt 2
s 7
s 7(1)
substituted by 1/2019 s 6(1)
s 7(1a)
amended by 41/2023 Sch 1 cl 2(1)
s 7(1b)
amended by 41/2023 Sch 1 cl 2(2)
s 7(1c)
s 7(3)
substituted by 1/2019 s 6(2)
s 7(4)
deleted by 1/2019 s 6(2)
s 7(5)
amended by 41/2023 Sch 1 cl 2(3), (4)
s 7(6)
inserted by 1/2019 s 6(3)
amended by 41/2023 Sch 1 cl 2(5)
s 7(7)—(9)
inserted by 1/2019 s 6(3)
Pt 3
Pt 3 Div 1
s 9A
inserted by 1/2019 s 7
s 10
s 10(2a)
inserted by 1/2019 s 8(1)
s 10(4)
amended by 1/2019 s 8(2)
s 10(4a)
inserted by 1/2019 s 8(3)
s 10(5)
amended by 1/2019 s 8(4)
amended by 41/2023 Sch 1 cl 3(1), (2)
s 11
amended by 1/2019 s 9
amended by 41/2023 Sch 1 cl 4(1), (2)
s 12
s 12(1)
s 12 amended and redesignated as s 12(1) by 1/2019 s 10(1), (2)
s 12(2)
inserted by 1/2019 s 10(2)
amended by 41/2023 Sch 1 cl 5(1), (2)
s 14
s 14(1)
amended by 1/2019 s 11(1)—(3)
amended by 41/2023 Sch 1 cl 6(1)
s 14(1a)—(1c)
inserted by 1/2019 s 11(4)
s 14(2)—(4)
amended by 1/2019 s 11(3)
s 14(5)
inserted by 1/2019 s 11(5)
amended by 41/2023 Sch 1 cl 6(2), (3)
s 14(6)
inserted by 1/2019 s 11(5)
amended by 41/2023 Sch 1 cl 6(4)
s 14(7)
inserted by 41/2023 Sch 1 cl 6(5)
s 15
amended by 41/2023 Sch 1 cl 7
Pt 3 Div 2
s 17
s 17(1)
amended by 41/2023 Sch 1 cl 8(1)
s 17(2)
amended by 41/2023 Sch 1 cl 8(2)
Pt 3 Div 3
inserted by 1/2019 s 12
s 17B
s 17B(11)
amended by 41/2023 Sch 1 cl 9(1), (2)
Pt 4
s 18
s 18(1)
amended by 41/2023 Sch 1 cl 10(1)
s 18(3)
inserted by 41/2023 Sch 1 cl 10(2)
s 19
s 19(1)
amended by 41/2023 Sch 1 cl 11(1), (2)
s 19(2)
amended by 41/2023 Sch 1 cl 11(3), (4)
s 19(3)
amended by 41/2023 Sch 1 cl 11(5), (6)
s 20
amended by 41/2023 Sch 1 cl 12(1), (2)
s 21
s 21(3)
amended by 36/2016 Sch 1 cl 3(1), (2)
s 22
s 22(5)
amended by 41/2023 Sch 1 cl 13
s 23
s 23(1)
amended by 41/2023 Sch 1 cl 14(1), (2)
s 23(2)
amended by 41/2023 Sch 1 cl 14(3)
s 24
s 24(1)
amended by 41/2023 Sch 1 cl 15(1), (2)
s 27
s 27(1)
amended by 41/2023 Sch 1 cl 16
s 28
s 28(1)
amended by 41/2023 Sch 1 cl 17(1), (2)
s 28(2)
amended by 41/2023 Sch 1 cl 17(3), (4)
s 29
s 29(5a)
inserted by 13/2013 Sch 1 cl 2(1)
s 29(6a)—(6d)
inserted by 13/2013 Sch 1 cl 2(2)
s 31
s 31(2)
amended by 41/2023 Sch 1 cl 18
s 32
s 32(2)
amended by 41/2023 Sch 1 cl 19
s 33
s 33(3)
amended by 41/2023 Sch 1 cl 20
s 35
s 35(3)
substituted by 36/2016 Sch 1 cl 4(1)
s 35(5)
deleted by 36/2016 Sch 1 cl 4(2)
s 36
s 36(2)
amended by 41/2023 Sch 1 cl 21
s 40
amended by 36/2016 Sch 1 cl 5
s 43
s 43(2)
(b) deleted by 1/2019 s 13(1)
s 43(4)
inserted by 1/2019 s 13(2)
s 46
s 46(3)
amended by 41/2023 Sch 1 cl 22
Pt 5
s 48
s 48(12)
amended by 41/2023 Sch 1 cl 23(1), (2)
s 48(13)
s 48(14)
amended by 41/2023 Sch 1 cl 23(3), (4)
s 48(15)
Pt 6
s 49
s 49(3)—(9)
deleted by 1/2019 s 15
Pt 7
s 50
s 50(2)
amended by 41/2023 Sch 1 cl 24
s 50A
inserted by 1/2019 s 16
Pt 9
s 52
s 52(1)
s 52 amended by 36/2016 Sch 1 cl 6
s 52 amended and redesignated as s 52(1) by 1/2019 s 17(1)—(4)
s 52(2)
inserted by 1/2019 s 17(4)
s 53
deleted by 1/2019 s 18
s 55
s 55(1)
amended by 36/2016 Sch 1 cl 7(1)
s 55(2a)
inserted by 36/2016 Sch 1 cl 7(2)
s 59
s 59(3)
amended by 41/2023 Sch 1 cl 25(1)
s 59(4)
amended by 41/2023 Sch 1 cl 25(2)
s 60
s 60(2)
amended by 36/2016 Sch 1 cl 8
s 70A
inserted by 1/2019 s 19
s 71
s 71(2)
substituted by 1/2019 s 20
s 72
s 72(3)
inserted by 1/2019 s 21
s 78A
inserted by 1/2019 s 22
s 85
amended by 36/2016 Sch 1 cl 9
amended by 41/2023 Sch 1 cl 26
s 87
s 87(1)
substituted by 26/2014 s 139(1)
s 87(2)
substituted by 26/2014 s 139(2)
s 87(7)
amended by 41/2023 Sch 1 cl 27(1)
s 87(8)
amended by 41/2023 Sch 1 cl 27(2)
s 87(10)
deleted by 26/2014 s 139(3)
s 89
amended by 41/2023 Sch 1 cl 28(1), (2)
s 91
amended by 41/2023 Sch 1 cl 29
Pt 10
s 95
s 95(5)
amended by 41/2023 Sch 1 cl 30(1)
s 95(6)
amended by 41/2023 Sch 1 cl 30(2)
s 96
s 96(1)
amended by 41/2023 Sch 1 cl 31
s 98
s 98(1)
amended by 41/2023 Sch 1 cl 32
Pt 11
heading
substituted by 26/2014 s 140
Pt 11 Divs 1 and 2
deleted by 26/2014 s 141
Pt 11 Div 3
s 103
s 103(4)
amended by 26/2014 s 142
s 104
deleted by 26/2014 s 143
Pt 11 Div 4
heading
substituted by 26/2014 s 144
ss 105—109
deleted by 26/2014 s 145
s 110
amended by 26/2014 s 146
s 111
deleted by 26/2014 s 147
Pt 11 Div 6
substituted by 26/2014 s 148
Pt 11 Div 7
s 116
s 116(1)
amended by 1/2019 s 23
s 117
s 117(2)
amended by 26/2014 s 149(1)
amended by 15/2025 Sch 1 cl 2
28.4.2025
s 117(3)—(5)
deleted by 26/2014 s 149(2)
s 120
deleted by 26/2014 s 150
s 121 before deletion by 14/2019
s 121(2)
amended by 26/2014 s 151(1)
s 121(3)—(5)
inserted by 26/2014 s 151(2)
s 121
deleted by 14/2019 s 147
1.10.2019
s 122
deleted by 26/2014 s 152
Pt 11 Div 8
s 123
substituted by 26/2014 s 153
s 123A
inserted by 26/2014 s 153
Pt 11 Div 9
deleted by 26/2014 s 154
Pt 11 Div 10
s 126
s 126(1)
amended by 26/2014 s 155
Pt 11 Div 11
deleted by 26/2014 s 156
Pt 12
s 134
s 134(1)
s 134 amended and redesignated as s 134(1) by 1/2019 s 24(1), (2)
s 134(2)
inserted by 1/2019 s 24(2)
s 135
deleted by 84/2009 s 298
inserted by 1/2019 s 25
Pt 13
s 137
s 137(3)
amended by 41/2023 Sch 1 cl 33
s 138A
inserted by 1/2019 s 26
amended by 41/2023 Sch 1 cl 34(1), (2)
s 141
s 141(2)
substituted by 1/2019 s 27
s 141(3)—(5)
inserted by 1/2019 s 27
Sch 2
omitted under Legislation Revision and Publication Act 2002
Transitional etc provisions associated with Act or amendments
Statutes Amendment (SACAT) Act 2014
157—Transitional provisions
(1) In this section—
principal Act means the Residential Parks Act 2007;
relevant day means the day on which this Part comes into operation;
Residential Tenancies Tribunal means the Tribunal established under the Residential Tenancies Act 1995;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.
(2) A decision (including a decision in the nature of a declaration), direction or order of the Residential Tenancies Tribunal under the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision, direction or order of the Tribunal.
(3) A right to make any application or to seek a review under the principal Act with respect to any matter in existence before the relevant day, with the effect that the relevant proceedings would have been commenced before the Residential Tenancies Tribunal, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal.
(4) Any proceedings before the Residential Tenancies Tribunal under the principal Act immediately before the relevant day will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before the Tribunal.
(5) The Tribunal may—
(a) receive in evidence any transcript of evidence in proceedings before the Residential Tenancies Tribunal, and draw any conclusions of fact from that evidence that appear proper; and
(b) adopt any findings or determinations of the Residential Tenancies Tribunal that may be relevant to proceedings before the Tribunal; and
(c) adopt or make any decision (including a decision in the nature of a declaration), direction or order in relation to proceedings before the Residential Tenancies Tribunal before the relevant day (including so as to make a decision or declaration, or a direction or order, in relation to proceedings fully heard before the relevant day); and
(d) take other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.
(6) The Tribunal may, on application under section 121 of the principal Act made after the relevant date, vary or set aside an order of the Residential Tenancies Tribunal made before the relevant date, provided that the application is made to the Tribunal within 3 months of the making of the order by the Residential Tenancies Tribunal.
(7) Nothing in this section—
(a) affects the ability to register an order of the Residential Tenancies Tribunal made before the relevant day in an appropriate court, as provided for by section 120 of the principal Act before its repeal by this Act; or
(b) affects a right to appeal to the Administrative and Disciplinary Division of the District Court against a decision, direction or order of the Residential Tenancies Tribunal made or given before the relevant day.
Residential Parks (Miscellaneous) Amendment Act 2019, Sch 1—Transitional provisions etc
1—Interpretation
In this Schedule—
park owner has the same meaning as in the principal Act;
principal Act means the Residential Parks Act 2007;
residential park agreement has the same meaning as in the principal Act.
2—Application to existing residential park agreements
Except as provided in this Schedule, the amendments to the principal Act enacted by this Act apply to a residential park agreement whether the agreement was entered into before or after the commencement of this Act.
3—Residents committees: 12 month exemption
A park owner is exempt from the operation of section 7(1a) of the principal Act (as in force after the commencement of section 6(1) of this Act) for the period of 12 months after the commencement of section 6(1) of this Act.
4—Form and content of agreements entered into before commencement
(1) The requirements of the principal Act (as in force after the commencement of section 10 of this Act) relating to the form and content of a residential park agreement do not apply to a residential park agreement entered into before the commencement of section 10 of this Act and the requirements of the principal Act (as in force before the commencement of section 10 of this Act) relating to the form and content of a residential park agreement will continue to apply instead.
(2) If, after the commencement of section 12 of this Act, a residential park agreement continues as a periodic agreement under section 17A of the principal Act or is reissued as a fixed term agreement under section 17B of the principal Act, the agreement as so continued or reissued will be treated, for the purposes of this clause, as if it were an agreement entered into after the commencement of this Act.
5—Reissue of periodic agreements under section 17B
A park owner who refuses or fails to comply with the requirements of section 17B(6) of the principal Act (as inserted by section 12 of this Act) during the period of 2 years after the commencement of section 17B(6) of the principal Act does not commit an offence against section 17B(11) in respect of that refusal or failure during that period.
6—Periodic agreements under section 53
The repeal of section 53 of the principal Act does not affect a residential park agreement that continued as a periodic agreement under that section before that repeal.
Historical versions