Div 6Security of premises

Division 6—Security of premises 66—Security of premises (1) Subject to this Division, it is a term of a residential tenancy agreement that— (a) the landlord will take reasonable steps to provide and maintain the locks and other devices that are necessary to ensure the premises are reasonably secure; and (b) neither the landlord nor the tenant will alter or remove a lock or security device or add a lock or security device without the consent of the other; and (c) neither the landlord nor the tenant will unreasonably withhold his or her consent to the alteration, removal or addition of a lock or security device by, and at the expense of, the other. (2) A landlord or tenant who, without reasonable excuse, contravenes the term of the agreement arising under subsection (1)(b) is guilty of an offence. (3) If the landlord's agent, without reasonable excuse, alters or removes a lock or security device, or adds a lock or security device, without the tenant's consent, the agent is guilty of an offence. 66A—Altering locks etc for premises in certain circumstances (a) a tenant under a residential tenancy agreement is excluded from the premises because of an order of a prescribed kind relating to domestic abuse or personal safety (a relevant order); and (b) a person to whom a relevant order relates in a manner prescribed by the regulations (a protected person) is also a party to the residential tenancy agreement or has been living at the premises as their primary place of residence, the protected person may alter any lock or security device of the premises, whether or not the protected person is a party to the residential tenancy agreement. (2) As soon as practicable after a protected person alters a lock or security device, the protected person must— (a) give the landlord or landlord's agent— (i) a key to the lock or security device; and (ii) either a certified extract or a copy of the relevant order; and (b) give a key to the lock or security device to the parties to the residential tenancy agreement, other than the tenant excluded from the premises. (3) A landlord or landlord's agent must not disclose a certified extract or a copy of a relevant order received under this section except in accordance with the regulations. Expiation fee: $2 000. 66B—Application to Tribunal to alter etc locks or security devices without consent (1) If a tenant under a residential tenancy agreement believes that the landlord is unreasonably withholding their consent contrary to the term of the agreement set out in section 66(1)(c), the tenant may apply to the Tribunal for a determination that the consent of the landlord to the alteration, removal or addition of a lock or security device is not required. (2) If, after giving each party an opportunity to be heard, the Tribunal determines that consent is not required, the tenant may alter, remove or add the lock or security device without the landlord's consent.