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Residential Tenancies Act 1995
Part 6Residential Tenancies Fund
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Part 6—Residential Tenancies Fund
100—Residential Tenancies Fund
(1) The fund entitled the Residential Tenancies Fund continues in existence.
(2) The Fund is to be kept and administered by the Commissioner.
(3) The Fund consists of the amounts received by the Commissioner by way of bonds, and other amounts paid into the Fund under this Act.
(4) The Fund may be invested as approved by the Minister.
(5) The Commissioner will make repayments in respect of bonds from the Fund.
(5a) If a person entitled to be paid an amount of money from the Fund cannot be found, the Commissioner may pay the money to the Treasurer in accordance with section 6 of the Unclaimed Money Act 2021.
bond includes a bond within the meaning of Part 7.
101—Application of income
(1) The income derived from investment of the Fund may be applied—
(a) towards the costs of—
(i) administering and enforcing this Act and the Residential Parks Act 2007; and
(ii) the operation of the Tribunal to the extent that the costs are attributable to proceedings under this Act, the Residential Parks Act 2007 or the Retirement Villages Act 1987; and
(ab) for the benefit of an industrial association or organisation registered under a law of the State or of the Commonwealth that the Commissioner is satisfied has a primary purpose of advocating for and representing the interests of tenants, rooming house residents and residents of residential parks; and
(b) for the education of landlords, tenants, rooming house proprietors, rooming house residents and park owners and residents of residential parks about their statutory and contractual rights and obligations, and for other educational purposes approved by the Commissioner; and
(c) towards the costs of projects directed at providing accommodation, or assistance related to accommodation, for the homeless or other disadvantaged sections of the community; and
(d) on research, approved by the Commissioner, into—
(i) the availability of rental accommodation within the community; and
(ii) areas of social need related to the availability (or non‑availability) of rental accommodation or particular kinds of rental accommodation; and
(iii) other matters connected with, or arising under, this Act or the Residential Parks Act 2007; and
(e) for the benefit of landlords, tenants, rooming house proprietors, rooming house residents and park owners and residents of residential parks in other ways approved by the Commissioner; and
(f) for any other purposes connected with, or arising under, this Act or the Residential Parks Act 2007 approved by the Minister or Commissioner.
(2) In this section, residential park, park owner and resident of a residential park have the same respective meanings as in the Residential Parks Act 2007.
102—Accounts and audit
(1) The Commissioner must keep proper accounts of the receipts and payments from the Fund.
(2) The Auditor-General may at any time, and must at least once in each year, audit the accounts of the Fund.