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PART 9 – MISCELLANEOUS
112. Certain documents and terms void
(1) Unless otherwise specified in this Act, an
agreement or arrangement that is inconsistent
with this Act, or purports to exclude, modify or
restrict the operation of this Act, is to that extent
void.
(2) A purported waiver of a right under this Act is
void.
(3) A person must not enter into an agreement or
arrangement to override, defeat, evade or prevent
the operation of this Act, whether directly or
indirectly.
Penalty: Fine not exceeding 200 penalty units.
113. Notice by park owner not waived by acceptance of
rent
A demand for, any proceeding for the recovery
of, or acceptance of, rent by a park owner after
the park owner has given notice of a breach of
the agreement by the resident, or has given the
resident a notice of termination under this Act,
does not operate as a waiver of the breach or the
notice.
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114. Park owner must have safety evacuation plan
A park owner must ensure that the park has a
written plan for the safe evacuation of the park
in the case of an emergency and that –
(a) the plan complies with any prescribed
requirements; and
(b) if the park has a residents committee –
the residents committee is consulted in
relation to the plan; and
(c) the plan is provided to park residents or
is otherwise available for inspection by
park residents; and
(d) the plan is reviewed at least once a year.
Penalty: Fine not exceeding 100 penalty units.
115. Infringement notices
(1) In this section –
infringement offence means an offence
against this Act or the regulations that is
prescribed by the regulations to be an
infringement offence.
(2) The Director may issue and serve an
infringement notice on a person if the Director
reasonably believes that the person has
committed an infringement offence.
(3) An infringement notice –
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(a) is to be in accordance with section 14 of
the Monetary Penalties Enforcement Act
2005; and
(b) is not to relate to 3 or more offences; and
(c) may only be issued in respect of a person
who has attained the age of 18 years.
(4) The regulations –
(a) may prescribe, for infringement offences,
the penalties payable under infringement
notices; and
(b) may prescribe different penalties for
bodies corporate and individuals.
116. Effect of prosecution on civil liability
A person may be found civilly liable in respect
of a breach of a residential park agreement
whether or not that person has been prosecuted
for an offence under this Act in respect of that
breach of agreement.
117. Regulations
(1) The Governor may make such regulations as are
contemplated by, or necessary or expedient for
the purposes of, this Act.
(2) Without limiting the generality of subsection (1),
the regulations may do any of the following:
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(a) make provision in relation to the form or
content of any document referred to in
this Act;
(b) make provision in relation to the keeping
of records for the purposes of this Act;
(c) make provision for model park rules that
may be adopted, whether with or without
amendment, by a park owner;
(d) require the preparation, and the provision
to residents or prospective residents, of
policies relating to prescribed matters
and regulate or prescribe the contents of
such policies;
(e) make provision for the calculation,
imposition and collection of fees and
charges, and the allocation of any
proceeds from the collection of such fees
and charges, including, but not limited
to –
(i) fees and charges for an action
taken under this Act including,
but not limited to, the registration
of a residential park; and
(ii) fees and charges for an
application made under this Act
including, but not limited to, an
application to the Tribunal; and
(iii) the payment of fees and charges,
payable under this Act, other than
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into the Public Account in
specified circumstances;
(f) require the provision to residents, or
prospective residents, of such other
information or documents as may be
prescribed;
(g) make provision for or with respect to the
election, term of office, functions and
procedures of residents committees;
(h) specify limitations on the terms of
agreement that may be varied, or the
manner in which such terms may be
varied, as a result of a review of the
agreement under Division 4 of Part 3;
(i) make provisions of a savings or
transitional nature consequent on the
enactment of any amendment to this Act
or on the commencement of specified
provisions of this Act or on the making
of regulations under this Act.
(3) The regulations may –
(a) provide that a contravention of, or a
failure to comply with, any of the
regulations is an offence; and
(b) in respect of such an offence, provide for
the imposition of a fine not exceeding 50
penalty units and, in the case of a
continuing offence, a further fine not
exceeding 10 penalty units for each day
during which the offence continues.
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(4) The regulations may –
(a) authorise any matter to be determined,
applied or regulated by a person or entity
specified in the regulations; and
(b) confer a power or impose a duty on a
specified person, entity or class of
persons.
(5) The regulations may adopt or incorporate the
whole or part of any standard, rule, code,
specification, guideline, program, scheme or
plan, as amended from time to time, with or
without modification, issued, prescribed, made
or published by any person or entity (including
the Crown) before or after the regulations take
effect.
(6) The regulations may exempt a person, class of
persons, matter or other thing from the operation
of this Act or any specified provision of this Act
or the regulations including, but not limited to,
an exemption from any fee, charge or levy
payable under this Act.
(7) A provision made by a regulation under
subsection (2)(i) may, if the regulations so
provide –
(a) take effect from the commencement of
an amendment to, or provision of, this
Act or from a later day; and
(b) have effect despite any provisions of this
Act or despite any other savings or
transitional provisions enacted in relation
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to an amendment to, or provision of, this
Act.
118. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 –
(a) the administration of this Act is assigned
to the Minister for Small Business, Trade
and Consumer Affairs; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Justice.
119. Consequential amendments
The legislation specified in Schedule 2 is
amended as specified in that Schedule.
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SCHEDULE 1 – TRANSITIONAL PROVISIONS
Application to existing residential park agreements
(1) This Act applies to a residential park agreement
whether the agreement was entered into before
or after the commencement of this clause.
(2) Despite subclause (1), 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 14.
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.
Security deposit to be paid to Rental Deposit
Authority
If, on the day on which this Act commences, a
park owner holds a security deposit, however
described, in respect of a residential park
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agreement, the park owner must provide the
security deposit to the Rental Deposit Authority
as soon as practicable after this Act commences
with such information as the Rental Deposit
Authority requires.
4. Draft agreements and rules to be prepared
Within 3 months after the commencement of this
Act –
(a) the Director is to publish a model
residential park agreement in accordance
with section 10(2); and
(b) the Minister is to ensure that model park
rules are prescribed.
5. Transitional regulation-making power
(1) In this section –
commencement day means the day on which
this Act commences;
transitional period means the 5-year period
from the commencement day.
(2) The Governor may make regulations under this
Act to effect, and facilitate, the commencement
of this Act.
(3) Without limiting the generality of subclause (2),
regulations made under this clause may –
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(a) provide for the preservation,
continuation, variation or revocation of
an agreement in relation to –
(i) a residential park; or
(ii) a site at a residential park; or
(b) exempt the Act, including regulations
made under the Act, from applying to
one or more of the following:
(i) prescribed agreements, whether
entered into before or after the
commencement day;
(ii) prescribed classes of residential
parks;
(iii) prescribed classes of residential
park agreements;
(iv) prescribed classes of sites; or
(c) subject to subclause (4), exclude the
operation of all or specified parts of the
Building Act 2016, or the Land Use
Planning and Approvals Act 1993, from
applying to one or more of the following:
(i) prescribed agreements, whether
entered into before or after the
commencement day;
(ii) prescribed classes of residential
parks;
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(iii) prescribed classes of residential
park agreements;
(iv) prescribed classes of sites;
(d) on the advice of the department
responsible for the administration of the
Land Use Planning and Approvals Act
1993, exclude the operation of all or
specified parts of the Tasmanian
Planning Scheme, within the meaning of
that Act, from applying to all, or a
specified part of –
(i) prescribed classes of residential
parks; or
(ii) prescribed classes of sites.
(4) Regulations may only be made in accordance
with subclause (3)(c) if the regulations are made
on the advice of –
(a) the Director of Building Control, within
the meaning of the Building Act 2016, if
the regulations relate to that Act; or
(b) the department responsible for the
administration of the Land Use Planning
and Approvals Act 1993, if the
regulations relate to that Act.
(5) Regulations made under subclause (2) may –
(a) take effect on the commencement day or
a later day as specified in the regulations,
whether the day so specified is before, on
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or after the day on which the regulations
are made; and
(b) only be in effect during the transition
period; and
(c) be made so as to apply differently
according to matters, limitations or
restrictions, whether as to time, location,
circumstance or otherwise, specified in
the regulations; and
(d) authorise any matter to be from time to
time approved, determined, applied or
regulated by a person specified in the
regulations.
Section 3A is amended by inserting “the
Residential Parks Act 2026,” after “Prepaid
Funerals Act 2004,”.
Section 16 is amended as follows:
(a) by inserting in subsection (3) “the
Residential Parks Act 2026,” after
“Prepaid Funerals Act 2004,”;
(b) by inserting in subsection (4) “the
Residential Parks Act 2026,” after
“Prepaid Funerals Act 2004,”.
Residential Tenancy Act 1997
Section 3(1) is amended by inserting after the
definition of residential manager the following
definition:
residential park has the same meaning as in
the Residential Parks Act 2026;
Section 48M is amended by omitting paragraphs
(b), (c) and (d) and substituting the following
paragraphs:
(b) to collect data on the residential tenancy
market, or the market relating to
residential parks, in Tasmania; and
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(c) to conduct public awareness campaigns
to educate –
(i) parties to residential tenancy
agreements regarding their
obligations; and
(ii) park owners and residents, within
the meaning of the Residential
Parks Act 2026, regarding their
obligations under that Act; and
(d) to carry out any other functions –
(i) conferred on it by this Act or the
Residential Parks Act 2026; or
(ii) as may be prescribed under this
Act or the Residential Parks Act
2026.
3. Section 48Q(2) is amended by inserting “under
this Act or the Residential Parks Act 2026” after
“powers”.
Tasmanian Civil and Administrative Tribunal Act 2020
Schedule 1 is amended by inserting after item 78
the following item:
78A. The Residential Parks Act 2026.
Schedule 2 is amended by omitting clause 2
from Part 9 and substituting:
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2. Functions and powers allocated to stream to
determine residential building work disputes
The functions and powers of the Tribunal
in relation to the following Acts,
including the functions and powers
conferred or imposed on the Tribunal by
regulations, determinations or other
instruments made under those Acts, are
allocated to the Civil and Consumer
stream:
(a) the Residential Building Work
Contracts and Dispute Resolution
Act 2016;
(b) the Residential Parks Act 2026.
3. Schedule 4 is amended by inserting after item 50
the following item:
50A. The Residential Parks Act 2026.
Government Printer, Tasmania
Section retrieval-0009 - Residential Parks Bill 2026 - Document excerpt 9 | Zoe