Residential Parks Act 2026
Act No. of 2026
s. 7 Part 2 – Administration of Act
18
PART 2 – ADMINISTRATION OF ACT
7. Functions and powers of Director
(1) The Director has the following functions and
powers:
(a) to investigate and research matters that
affect the interests of parties to
residential park agreements;
(b) to publish reports and information on
matters of interest to the parties to
residential park agreements;
(c) to publish information relating to any
actions that may be taken by the Director
under this Act including, but not limited
to, enforcement actions;
(d) to give advice, if appropriate, on the
provisions of this Act and other subjects
of interest to the parties to residential
park agreements;
(e) to investigate suspected infringements of
this Act and taking appropriate action to
enforce the Act;
(f) to maintain the register under section 8 in
respect of the State;
(g) to report to the Minister on questions
referred to the Director by the Minister
and other questions of importance
affecting the administration of this Act.
Residential Parks Act 2026
Act No. of 2026
Part 2 – Administration of Act s. 8
19
(2) The Director may delegate to any person one or
more of the Director’s functions or powers under
this Act, other than this power of delegation.
8. Director to maintain register of residential parks
(1) The Director must establish and maintain a
register including the following information:
(a) the name and address of each residential
park within the State;
(b) the name of, and contact details for, each
park owner of a residential park within
the State;
(c) any other prescribed particulars.
(2) A park owner of a residential park must notify
the Director in writing –
(a) of the name and contact details for each
park owner of the residential park; and
(b) such other information as is prescribed.
Penalty: Fine not exceeding 100 penalty units.
(3) If there is a change in any of the particulars,
specified in subsection (2) in respect of a park
owner, the park owner must notify the Director,
in writing and within 10 working days of the
change, of the details of that change.
Penalty: Fine not exceeding 100 penalty units.
Residential Parks Act 2026
Act No. of 2026
s. 8 Part 2 – Administration of Act
20
(4) If a residential park ceases to be operated as a
residential park, the park owner must notify the
Director, in writing and within 10 working days
of the change, of that fact.
Penalty: Fine not exceeding 100 penalty units.
(5) The Director must ensure that the information
included in the register is published on a website
that is freely available to members of the public.
Residential Parks Act 2026
Act No. of 2026
Part 3 – Residential Park Agreements s. 9
21
PART 3 – RESIDENTIAL PARK AGREEMENTS
Division 1 – General
9. Application of Part
For the avoidance of doubt, this Part applies to a
residential park agreement, regardless of whether
the agreement is the first agreement, a reissued
agreement, a transferred agreement or a
subsequent agreement.
10. Park owner to prepare residential park agreement
(1) The park owner of a residential park –
(a) is to ensure that a written residential park
agreement is prepared, in respect of the
park, that complies with this Act; and
(b) is liable for any costs incurred by the
owner in the preparation of such an
agreement.
(2) The Director may publish a model residential
park agreement that may be used, or adapted, by
park owners.
11. Park owner to provide copies of residential park
agreement
(1) A park owner must ensure that each prospective
resident of a residential park receives a copy of
the proposed residential park agreement, to be
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Act No. of 2026
s. 12 Part 3 – Residential Park Agreements
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entered into by the prospective resident, before
the resident signs the agreement.
Penalty: Fine not exceeding 100 penalty units.
(2) If a park owner and resident enter into a
residential park agreement, the park owner must
provide the resident with a copy of the
agreement, as executed by all parties, within 14
days after the agreement is fully executed.
Penalty: Fine not exceeding 100 penalty units.
12. Non-compliance not to affect validity or
enforceability of residential park agreement
Except as otherwise specified, a residential park
agreement is not rendered void or unenforceable
by non-compliance with a requirement of this
Part.
13. Status of certain fixed-term residential park
agreements
(1) In this section –
fixed short term, in relation to a residential
park agreement, means an agreement that
is in force for a fixed period of 90 days or
less.
(2) If a residential park agreement is in force for a
fixed short term, the agreement is taken to be a
periodic tenancy agreement, with a period
equivalent to the fixed period specified in the
Residential Parks Act 2026
Act No. of 2026
Part 3 – Residential Park Agreements s. 13
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agreement, unless the park owner establishes
that –
(a) the resident –
(i) requested the fixed period
specified in the agreement; and
(ii) at the time of entering into the
agreement, did not intend to
renew or extend the agreement;
or
(b) before agreement was entered into –
(i) the park owner gave the resident
a warning notice in the approved
form; and
(ii) in accordance with the warning
notice, the resident signed a
statement in the approved form
that the resident –
(A) is aware of the fixed
period; and
(B) does not expect to
continue in occupation of
the rented property after
the end of the agreement.
Residential Parks Act 2026
Act No. of 2026
s. 14 Part 3 – Residential Park Agreements
24
Division 2 – Form of residential park agreement
14. Residential park agreement to be in writing
(1) A residential park agreement under this Act
must –
(a) be in writing and in language that is clear
and precise; and
(b) clearly, and precisely, identify the site to
which the agreement relates; and
(c) include –
(i) the terms deemed to be included
under this Act; and
(ii) the terms prescribed as terms for
residential park agreements; and
(d) state –
(i) the park owner’s full name and
address for service of documents
on the park owner; 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
(e) subject to subsection (3), be signed by
the parties; and
Residential Parks Act 2026
Act No. of 2026
Part 3 – Residential Park Agreements s. 14
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(f) if the residential park to which the
agreement relates has park rules, include
a copy of those rules as in force at the
time at which the agreement is entered
into; and
(g) comply with any other prescribed
requirements for a residential park
agreement.
(2) If a term of a residential park agreement requires
information to be included in the agreement, that
term only forms part of the agreement if the
information is included as required.
(3) The following types of residential park
agreements do not need to be signed by the
parties for the agreements to be in force under
this Act:
(a) a periodic tenancy agreement that arises
under section 34, if the agreement
includes the date, or approximate date,
on which the resident was first granted
the right to occupy the site, if known;
(b) a reissued agreement provided to a
resident under section 35(1)(b).
(4) A park owner of a residential park must not enter
into a residential park agreement, for a site in
that residential park, that does not comply with a
requirement of this section.
Penalty: Fine not exceeding 100 penalty units.
Residential Parks Act 2026
Act No. of 2026
s. 15 Part 3 – Residential Park Agreements
26
15. Park rules form part of agreement in certain
circumstances
(1) If park rules are in force in respect of a
residential park, those rules, as in force from
time to time, are to be taken to form part of
every residential park agreement in force in
respect of the park.
(2) If the park rules in respect of a residential park
are amended under this Act, the relevant park
owner must ensure that each resident of the
park –
(a) is provided with a written copy of the
amendment; and
(b) is notified that the amendment forms part
of the residential park agreement from
the date specified in the notice.
Penalty: Fine not exceeding 100 penalty units.
(3) For the avoidance of doubt, if a park owner fails
to comply with subsection (2) in respect of an
amendment to the park rules, that amendment
does not –
(a) form part of a residential park agreement;
and
(b) apply in respect of the park.
16. Other information to be provided to residents
(1) A park owner of a residential park must ensure
that each resident of the park is given the
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Act No. of 2026
Part 3 – Residential Park Agreements s. 16
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following material, in an approved form, in
accordance with this section:
(a) a written notice stating –
(i) each charge payable by the
resident in accordance with
requirements imposed under
section 26 in respect of the park;
and
(ii) any services provided to residents
by the park owner on a fee-for-
service basis;
(b) 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 for the company; and
(iii) contact details for a person who,
on behalf of the park owner,
carries out emergency repairs to
the rented property or common
areas of the park;
(c) a written notice stating –
(i) whether the resident is entitled to
the payment of any amount (other
than a security deposit) at the
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Act No. of 2026
s. 16 Part 3 – Residential Park Agreements
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time when the resident ceases to
occupy the rented property; and
(ii) if a resident is entitled to a
payment referred to in
subparagraph (i) –
(A) the amount that is payable
under that entitlement; or
(B) the method that is to be
used to determine the
amount that is payable
under that entitlement;
and
(iii) any other prescribed information;
(d) a statement that –
(i) discloses all information that the
park owner is required, by law, to
disclose to the resident; and
(ii) specifies the resident’s rights to
sell or relocate a dwelling on the
site;
(e) a report on the condition of the site on or
before the day on which the resident
occupies the site including, but not
limited to, the general state of repair and
condition of the site;
(f) each prescribed publication, if any.
(2) The material referred to in subsection (1) –
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Act No. of 2026
Part 3 – Residential Park Agreements s. 16
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(a) must be given to the resident before, or at
the time at which, the park owner and
resident enter into a residential park
agreement; or
(b) may be given to a resident after the park
owner and resident enter into the
residential park agreement if –
(i) the agreement is for a term of 90
days or less; and
(ii) the resident has, by notice in
writing, waived the requirement
to be provided with the material
before entering into the
agreement.
(3) In addition to any information required to be
given to a resident under this Act, a park owner
must also ensure that a resident is given, before
or at the time when the resident commences
occupation of rented property –
(a) a copy of the manufacturers’ manuals for
the appliances and devices provided for
the use of the resident as part of the
common areas of the residential park; or
(b) written or oral instructions about the
operation of any such appliances and
devices.
Penalty: Fine not exceeding 100 penalty units.
Residential Parks Act 2026
Act No. of 2026
s. 17 Part 3 – Residential Park Agreements
30
Division 3 – Statutory terms of residential park agreements
17. Terms form part of residential park agreement
(1) Each term specified in this Division forms part
of a residential park agreement in force in
respect of a site.
(2) A term specified in a residential park agreement
is void to the extent that that term attempts to
override, defeat, evade or prevent the operation
of a term specified in this Division.
18. Agreement is transferrable
(1) It is a term of a residential park agreement that –
(a) the resident is entitled to request, in
writing, that the park owner transfer the
residential park agreement from the
resident to another person nominated by
the resident; and
(b) the park owner must not unreasonably
refuse the transfer of the residential park
agreement from the resident to another
person nominated by the resident; and
(c) the park owner must respond to a request
by a resident to transfer the residential
park agreement within 14 days after the
request is made or such further period as
may be agreed by the resident and park
owner.
Residential Parks Act 2026
Act No. of 2026
Part 3 – Residential Park Agreements s. 18
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(2) If a residential park agreement specifies terms in
respect of the transfer of the agreement that are
in addition to subsection (1) –
(a) the term is void to the extent that the
term –
(i) prevents the transfer of the
agreement; or
(ii) requires the resident, or proposed
new resident, to pay to the park
owner an amount of
consideration for the transfer; or
(iii) requires the proposed new
resident to pay the resident an
amount of consideration for the
transfer; and
(b) any transfer of a residential park
agreement must be in accordance with
the terms specified in the agreement.
(3) If a residential park agreement is to be
transferred to a new resident in accordance with
this section, nothing in this section prevents –
(a) the park owner and the proposed new
resident from agreeing to a variation of
the terms and conditions of the
agreement, as permitted under this Act,
as part of the transfer of the agreement;
and
(b) the transfer from being made conditional
on the sale of a dwelling, to the proposed
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Act No. of 2026
s. 19 Part 3 – Residential Park Agreements
32
new resident, on the site to which the
agreement relates.
(4) Without limiting the generality of
subsection (1)(b), the regulations may prescribe
grounds that are reasonable grounds for refusing
a transfer of a residential park agreement under
this section.
19. Sale of dwelling on site
(1) It is a term of a residential park agreement that
the resident is entitled to sell the dwelling, if
owned by the resident and located on the site to
which the agreement relates, while the dwelling
is in place on the site.
(2) It is a term of a residential park agreement that if
a resident intends to sell a dwelling owned by
the resident that is located on the site to which
the agreement relates –
(a) the resident must inform the park owner,
in writing, of the intention to offer the
dwelling for sale; and
(b) give the park owner a first option to
purchase the dwelling (for a market value
agreed between the resident and the park
owner).
(3) For the purposes of subsection (2), the market
value of a dwelling is a reference to –
(a) an independent valuation of the dwelling;
or
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Act No. of 2026
Part 3 – Residential Park Agreements s. 20
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(b) the last sale price for the dwelling,
including the last price at which a
contract for sale was entered into for the
dwelling; or
(c) the value of the dwelling calculated as
prescribed.
(4) It is a term of a residential park agreement that –
(a) if a resident intends to sell a dwelling
owned by the resident; and
(b) the resident has informed the owner of
the resident’s intention to sell as required
under subsection (2); and
(c) no agreement is reached as to the sale of
the dwelling within the period of 14 days
after the park owner is so informed of the
intention to sell under subsection (2) –
the park owner’s option to purchase lapses and
the dwelling may be offered for sale to other
parties.
20. Vacant possession
(1) It is a term of a residential park agreement that
the resident is entitled to vacant possession of
the rented property, from the day on which the
right of occupancy under the agreement begins,
other than a part of the rented property in respect
of which a right of exclusive occupation is not
given by the agreement.
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Act No. of 2026
s. 21 Part 3 – Residential Park Agreements
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(2) It is a term of a residential park agreement that
the park owner must ensure that there is no legal
impediment, of which the park owner has or
ought to have knowledge, to the resident’s
occupation of the rented property as a place of
residence for the period of operation of the
agreement.
21. Quiet enjoyment
It is a term of a residential park agreement that –
(a) the resident is entitled to quiet enjoyment
of the rented property without
interruption by –
(i) the park owner or a person
claiming to be employed or
engaged by the park owner; or
(ii) a person with superior title to the
park owner’s title; and
(b) the park owner must not cause or permit
an interference with the reasonable
peace, comfort or privacy of the resident
in the resident’s use of the rented
property or with the reasonable use or
enjoyment by the resident of common
areas of the residential park; and
(c) the park owner must take reasonable
steps to prevent others from causing or
permitting interference with the
reasonable peace, comfort or privacy of
the resident –