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Residential Tenancies Act 1995
Sch 4Transitional provisions—Residential Tenancies (Miscellaneous) Amendment Act 2025
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Schedule 4—Transitional provisions—Residential Tenancies (Miscellaneous) Amendment Act 2025
amending Act means the Residential Tenancies (Miscellaneous) Amendment Act 2025.
(1) Section 55 as in force immediately before the amendment effected by section 4 of the amending Act applies to a residential tenancy agreement entered into before the commencement of that section of the amending Act.
(2) Section 81 as amended by section 5 of the amending Act applies to a residential tenancy agreement whether the agreement was entered into before or after the commencement of that section of the amending Act.
(3) Section 105I as in force immediately before the amendment effected by section 7 of the amending Act applies to a rooming house agreement entered into before the commencement of that section of the amending Act.
(4) Section 105U as amended by section 8 of the amending Act applies to a rooming house agreement whether the agreement was entered into before or after the commencement of that section of the amending Act.
(5) Section 114A as in force immediately before the amendment effected by section 9 of the amending Act applies to an application for the grant of leave under section 70(1a) of the South Australian Civil and Administrative Tribunal Act 2013 made before the commencement of that section of the amending Act.
Legislative history
Notes
• Amendments of this version that are uncommenced are not incorporated into the text.
• 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Legislation repealed by principal Act
The Residential Tenancies Act 1995 repealed the following:
Residential Tenancies Act 1978
Residential Tenancies (Housing Trust) Amendment Act 1993
Legislation amended by principal Act
The Residential Tenancies Act 1995 amended the following:
Retirement Villages Act 1987
Principal Act and amendments
New entries appear in bold.
Year
No
Title
Assent
Commencement
Residential Tenancies Act 1995
10.8.1995
24.8.1995 (Gazette 24.8.1995 p499) except ss 4, 5(1) & (2)(c), 6—23, 24(1)(a) & (c) & (2)—(5), 25—62, 63(1)—(6), 64—72, 74—100, 101(a), (b), (d)—(f), 102, 106—120 and Sch (cl 1(1), 3(a), 4 & 6)—30.11.1995 (Gazette 23.11.1995 p1412) and except s 63(7)—(10)—5.2.1996 (Gazette 25.1.1996 p808) and except ss 5(2)(a), (b), (d)—(h) and 24(1)(b)—1.7.1996 (Gazette 27.6.1996 p3107) and except ss 63(11) & (12), 101(c), 103—105 and Sch (cl 5)—10.8.1997 (s 7(5) Acts Interpretation Act 1915)
Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996
2.5.1996
Sch (cl 29)—3.2.1997 (Gazette 19.12.1996 p1923)
Statutes Amendment (Consumer Affairs) Act 1998 as amended by 22/1998
Pt 9 (ss 24—26)—28.5.1998 (Gazette 28.5.1998 p2292)
Statutes Amendment (Consumer Affairs) Amendment Act 1998
Financial Sector Reform (South Australia) Act 1999
17.6.1999
Sch (item 45)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2)
Residential Tenancies (Miscellaneous) Amendment Act 1999
12.8.1999
3.10.1999 (Gazette 30.9.1999 p1341)
Retirement Villages (Miscellaneous) Amendment Act 2001
22.11.2001
s 19—1.7.2002 (Gazette 15.1.2002 p186)
Statute Law Revision Act 2003
23.10.2003
Sch 1—24.11.2003 (Gazette 13.11.2003 p4048)
Statutes Amendment (Justice Portfolio) Act 2006
14.12.2006
Pt 25 (s 49)—18.1.2007 (Gazette 18.1.2007 p234)
Residential Parks Act 2007
14.6.2007
Sch 2 (cl 1)—5.11.2007 (Gazette 25.10.2007 p4044)
Statutes Amendment (Affordable Housing) Act 2007
14.6.2007
Pt 5 (ss 92 & 93)—11.2.2008 (Gazette 17.1.2008 p264)
Statutes Amendment (Public Sector Consequential Amendments) Act 2009
10.12.2009
Pt 131 (s 299)—1.2.2010 (Gazette 28.1.2010 p320)
Statutes Amendment and Repeal (Budget 2012) Act 2012
6.12.2012
Pt 11 (s 34)—28.2.2013 (Gazette 28.2.2013 p581)
Residential Tenancies (Miscellaneous) Amendment Act 2013
9.5.2013
Pt 2 (s 47(4))—8.6.2013 (Gazette 6.6.2013 p2497); s 71—7.2.2014; bond (as inserted by s 4(1)), domestic facility requiring instructions (as inserted by s 4(2)), deletion of mediation by s 4(3), personal documents (as inserted by s 4(3)), ss 4(4), (5), (7)—(9), 5(1)—(3), new s 5(1b) (as inserted by s 5(4)), ss 6—30, new s 56(2)(fb) (as inserted by s 31(1)), ss 31(2), 32—35, 36(1)—(10), 37, 38(1), (2), substitution of s 63(5) by s 38(3), ss 38(4)—(9), (12), 39—46, 47(1)—(3), 48—69, 70(1), (2), new Pt 7 (except ss 105L(2) & 105M) (as substituted by s 72), 73—82, new Sch 1 (except cl 5) (as substituted by s 83)—1.3.2014 (Gazette 6.2.2014 p549); collateral agreement (as inserted by s 4(1)), domestic services agreement (as inserted by s 4(2)), no premium retirement village (as inserted by s 4(3)), s 4(6), new s 5(1c) (as inserted by s 5(4)), new s 56(2)(fa) (as inserted by s 31(1)), s 36(11), new s 63(5a) (as inserted by s 38(3)), ss 38(10), (11), 70(3), new Pt 7 ss 105L(2) & 105M (as inserted by s 72), new Sch 1 cl 5 (as substituted by s 83)—9.5.2015 (Gazette 16.4.2015 p1534)
Community Housing Providers (National Law) (South Australia) Act 2013
21.11.2013
Sch 3 (cll 6—12)—1.4.2014 (Gazette 6.2.2014 p547)
Statutes Amendment (SACAT) Act 2014
11.12.2014
Pt 14 (ss 158—186)—29.3.2015 (Gazette 5.3.2015 p883)
Residential Tenancies (Domestic Violence Protections) Amendment Act 2015
3.12.2015
10.12.2015 (Gazette 10.12.2015 p5202)
Housing Improvement Act 2016
4.8.2016
Sch 1 (cll 10—21)—3.4.2017 (Gazette 7.3.2017 p830)
Residential Tenancies (Miscellaneous) Amendment Act 2016
29.9.2016
3.7.2017 (Gazette 22.6.2017 p2223)
Retirement Villages Act 2016
10.11.2016
Sch 2 (cll 2 & 3)—1.1.2018 (Gazette 8.8.2017 p3141)
Statutes Amendment (SACAT No 2) Act 2017
28.11.2017
Pt 41 (s 214)—14.12.2017 (Gazette 12.12.2017 p4960)
Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017
12.12.2017
Pt 17 (ss 123 to 125)—22.10.2018 (Gazette 19.12.2017 p5119)
Landscape South Australia Act 2019
21.11.2019
Sch 5 (cl 79)—1.7.2020 (Gazette 25.6.2020 p3502)
Residential Tenancies (Protection of Prospective Tenants) Amendment Act 2023
6.7.2023
1.9.2023 (Gazette 3.8.2023 p2457)
Residential Tenancies (Miscellaneous) Amendment Act 2023
7.12.2023
Pt 2 (ss 5, 6, 9(1), (2), (4) to (12), 10 to 12, 13(1), 14, 15, 16(3), 17(3) & (4), 18, 19, 20(1), 21(1), (2), (4) & (5), 23, 24(2) & (3), 29, 31, 35, 40, 45(3) & (4), 56, 57, 60 to 66, 67(1) & (2), 68, 69, 71 to 76, 77(1), 78(1), (2), (4) & (5), 80, 81, 84 to 86, 88(2), 89, 91 to 94)—1.3.2024 (Gazette 1.2.2024 p109); ss 3, 4, 7, 8, 9(3) & (13), 13(2), 16(1) & (2), 17(1), (2) & (5), 20(2), 21(3) & (6), 22, 24(1), 25 to 28, 30, 32 to 34, 36 to 39, 41 to 44, 45(1) & (2), 46 to 55, 58, 59, 67(3), 70, 77(2), 78(3) & (6), 79, 82, 83, 87, 88(1), 90 & 95—1.7.2024 (Gazette 13.6.2024 p1430)
South Australian Civil and Administrative Tribunal (Miscellaneous) Amendment Act 2025
27.3.2025
Sch 1 (cl 3)—28.4.2025 (Gazette 24.4.2025 p773)
Children and Young People (Safety and Support) Act 2025
12.6.2025
Sch 2 (cll 34 to 36)—uncommenced
Residential Tenancies (Miscellaneous) Amendment Act 2025
4.12.2025
15.1.2026 (Gazette 15.1.2026 p25)
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 by 44/2003 s 3(1) (Sch 1)
Pt 1
s 2
s 3
s 3(1)
abuse and act of abuse
inserted by 43/2015 s 4(1)
bailiff
inserted by 26/2014 s 158(1)
bond
inserted by 13/2013 s 4(1)
collateral agreement
inserted by 13/2013 s 4(1)
amended by 50/2016 Sch 2 cl 2(1)
controlled drug
inserted by 41/2023 s 3(1)
co-tenant
inserted by 43/2015 s 4(2)
decision
Deputy President
Deputy Registrar
domestic abuse
inserted by 43/2015 s 4(3)
domestic associate
inserted by 43/2015 s 4(3)
domestic facility requiring instructions
inserted by 13/2013 s 4(2)
domestic partner
inserted by 43/2015 s 4(4)
domestic services agreement
inserted by 13/2013 s 4(2)
amended by 50/2016 Sch 2 cl 2(2)
drug related conduct
inserted by 41/2023 s 3(2)
exempt animal
inserted by 41/2023 s 3(2)
financial institution
deleted by 33/1999 Sch (item 45(a))
1.7.1999
housing assessment order
housing demolition order
housing improvement notice
deleted by 36/2016 Sch 1 cl 10(1)
housing improvement order
intervention order
inserted by 43/2015 s 4(5)
mediation
deleted by 13/2013 s 4(3)
no premium retirement village
inserted by 13/2013 s 4(3)
deleted by 50/2016 Sch 2 cl 2(3)
notice to vacate
inserted by 36/2016 Sch 1 cl 10(2)
personal documents
inserted by 13/2013 s 4(3)
preliminary rent control notice
inserted by 36/2016 Sch 1 cl 10(3)
prescribed retirement village
inserted by 50/2016 Sch 2 cl 2(4)
President
inserted by 26/2014 s 158(3)
registered agent
deleted by 13/2013 s 4(4)
registered community housing organisation
inserted by 13/2013 s 4(4)
registered community housing provider
inserted by 65/2013 Sch 1 cl 6
registered housing association
inserted by 13/2013 s 4(4)
registered housing co-operative
amended by 13/2013 s 4(5)
Registrar
inserted by 26/2014 s 158(4)
rent
substituted by 13/2013 s 4(6)
amended by 50/2016 Sch 2 cl 2(5)
rent control notice
inserted by 36/2016 Sch 1 cl 10(4)
residential tenancy agreement
note inserted by 41/2023 s 3(3)
rooming house
substituted by 41/2023 s 3(4)
Rules
deleted by 26/2014 s 158(5)
security
deleted by 13/2013 s 4(7)
security bond
deleted by 13/2013 s 4(7)
statutory charges
inserted by 13/2013 s 4(8)
amended by 33/2019 Sch 5 cl 79
1.7.2020
statutory rates, taxes and charges
deleted by 13/2013 s 4(8)
tenancy dispute
amended by 13/2013 s 4(9)
Tribunal
substituted by 26/2014 s 158(6)
s 3(3a)
inserted by 70/2025 s 3
s 3(4)
inserted by 55/1999 s 3
s 3(5)
inserted by 41/2023 s 3(5)
s 5
s 5(1)
amended by 19/2007 Sch 2 cl 1
5.11.2007
amended by 13/2013 s 5(1)—(3)
amended by 50/2016 Sch 2 cl 3(1)
s 5(1a)
inserted by 20/2007 s 92(1)
s 5(1b)
inserted by 13/2013 s 5(4)
s 5(1c)
inserted by 13/2013 s 5(4)
amended by 50/2016 Sch 2 cl 3(2)
s 5(2)
amended by 55/1999 s 4
amended by 20/2007 s 92(2)—(5)
amended by 26/2014 s 159
amended by 43/2015 s 5
amended by 41/2023 s 4(1), (2)
Pt 2
s 9
deleted by 84/2009 s 299
1.2.2010
Pt 3
substituted by 26/2014 s 160
Pt 3 Div 1 before deletion by 26/2014
s 13
s 13(1a)
inserted by 13/2013 s 6
s 15
substituted by 13/2013 s 7
s 16
s 16(1)
s 16 redesignated as s 16(1) by 13/2013 s 8
s 16(2)
inserted by 13/2013 s 8
Pt 3 Div 1
deleted by 26/2014 s 161
Pt 3 Div 2 before deletion by 26/2014
s 21
amended by 13/2013 s 9
Pt 3 Div 2
deleted by 26/2014 s 161
Pt 3 Div 3
s 24
s 24(1)
amended by 20/2007 s 93
amended by 13/2013 s 10(1)
(c) deleted by 26/2014 s 162(1)
s 24(2)
amended by 13/2013 s 10(2)
s 24(4)
amended by 26/2014 s 162(2)
s 24(5)
amended by 13/2013 s 10(2)
s 25 before substitution by 26/2014
s 25(3)
inserted by 13/2013 s 11
s 25
substituted by 26/2014 s 163
s 25A
inserted by 26/2014 s 163
Pt 3 Div 4
deleted by 13/2013 s 12
Pt 3 Div 5
substituted by 26/2014 s 164
s 31 before deletion by 26/2014
s 31(2)
amended by 13/2013 s 13(1), (2)
s 31(3)
inserted by 13/2013 s 13(3)
s 31
deleted by 26/2014 s 165
s 32
s 32(1)
amended by 13/2013 s 14(1), (2)
s 32(1a)
inserted by 13/2013 s 14(3)
s 32(2)
substituted by 13/2013 s 14(4)
s 32(3)—(5)
substituted by 65/2013 Sch 3 cl 7
s 33
substituted by 26/2014 s 167
Pt 3 Div 6
deleted by 13/2013 s 15
Pt 3 Div 7
substituted by 26/2014 s 168
s 35
s 35(2)
amended by 26/2014 s 169(1)
amended by 41/2023 s 5
s 35(3)—(5)
deleted by 26/2014 s 169(2)
s 36 before deletion by 26/2014
s 36(1)
amended by 21/1998 s 24(a)
s 36(2)
amended by 59/2001 s 19
1.7.2002
s 36(3)
inserted by 21/1998 s 24(b)
s 36
deleted by 26/2014 s 170
s 37 before deletion by 51/2017
s 37(2)
amended by 13/2013 s 16(1)
s 37(3)
inserted by 13/2013 s 16(2)
s 37(4) and (5)
inserted by 26/2014 s 171
s 37
deleted by 51/2017 s 214
14.12.2017
s 38
deleted by 26/2014 s 172
Pt 3 Div 8
s 39
substituted by 26/2014 s 173
s 39A
inserted by 26/2014 s 173
Pt 3 Div 9 before deletion by 26/2014
s 41
s 41(1)
amended by 13/2013 s 17(1)
s 41(2)
deleted by 13/2013 s 17(2)
s 42
deleted by 13/2013 s 18
Pt 3 Div 9
deleted by 26/2014 s 174
Pt 3 Div 10 before deletion by 26/2014
s 45
s 45(1)
amended by 13/2013 s 19(1)—(3)
s 45(3)
inserted by 13/2013 s 19(4)
s 46
s 46(3)
inserted by 13/2013 s 20
s 47
s 47(4)
inserted by 13/2013 s 21
Pt 3 Div 10
deleted by 26/2014 s 174
Pt 4
Pt 4 Div A1
inserted by 13/2013 s 22
s 47A
amended by 41/2023 s 6
s 47B
inserted by 22/2023 s 3
s 47B(1)
amended by 41/2023 s 7(1), (2)
s 47B(2a)
inserted by 41/2023 s 7(3)
s 47C
inserted by 41/2023 s 8
Pt 4 Div 1
s 48 before substitution by 13/2013
s 48(1), (2) and (4)
s 48
substituted by 13/2013 s 23
s 48(1)
amended by 41/2023 s 9(1), (2), (4), (5)
amended by 41/2023 s 9(3)
s 48(3)
amended by 41/2023 s 9(6)—(9)
s 48(4)
amended by 41/2023 s 9(10)—(12)
s 48(5)
inserted by 41/2023 s 9(13)
s 49
substituted by 13/2013 s 24
s 49(1)
amended by 41/2023 s 10(1), (2)
s 49(3)
amended by 41/2023 s 10(3), (4)
s 49(5)
amended by 41/2023 s 10(5), (6)
s 49(6)
amended by 41/2023 s 10(7), (8)
s 50
amended by 13/2013 s 25
s 51
amended by 13/2013 s 26
amended by 41/2023 s 11
Pt 4 Div 2
s 52
s 52(1)
amended by 13/2013 s 27(1)
amended by 41/2023 s 12(1)
s 52(2)
amended by 13/2013 s 27(2)
amended by 41/2023 s 12(2)
s 52(3)
amended by 13/2013 s 27(3)
Pt 4 Div 3
ss 52A and 52B
inserted by 22/2023 s 4
s 53
s 53(1)
amended by 13/2013 s 28(1), (2)
amended by 41/2023 s 13(1)
s 53(2)
amended by 41/2023 s 13(2)
s 54
s 54(1)
amended by 13/2013 s 29(1)
amended by 41/2023 s 14(1), (2)
s 54(2)
amended by 13/2013 s 29(2)
amended by 41/2023 s 14(3), (4)
s 54(3)
amended by 13/2013 s 29(3)
amended by 41/2023 s 14(5), (6)
s 55
s 55(1)
amended by 13/2013 s 30(1)
s 55(2)
amended by 13/2013 s 30(2), (3)
amended by 65/2013 Sch 3 cl 8(1), (2)
amended by 36/2016 Sch 1 cl 11(1), (2)
s 55(2a)
inserted by 13/2013 s 30(4)
s 55(2b)
inserted by 41/2023 s 15(1)
s 55(6)
deleted by 70/2025 s 4
s 55(7)
inserted by 13/2013 s 30(5)
amended by 41/2023 s 15(2)
s 56
s 56(1a)
inserted by 41/2023 s 16(1)
s 56(2)
(fb) inserted by 13/2013 s 31(1)
(fa) inserted by 13/2013 s 31(1)
amended by 41/2023 s 16(2)
s 56(5)
amended by 13/2013 s 31(2)
amended by 41/2023 s 16(3)
s 56A
inserted by 13/2013 s 32
amended by 41/2023 s 17(3), (4)
amended by 41/2023 s 17(2)
amended by 41/2023 s 17(1)
s 56A(1)
s 56A redesignated as s 56A(1) by 41/2023 s 17(5)
s 56A(2)
inserted by 41/2023 s 17(5)
s 57
s 57(1)
amended by 13/2013 s 33(1), (2)
amended by 41/2023 s 18(1), (2)
s 57(2)
amended by 13/2013 s 33(3), (4)
amended by 41/2023 s 18(3)
s 58 before substitution by 13/2013
s 58(1)
s 58(2)
amended by 33/1999 Sch (item 45(b))
1.7.1999
s 58
substituted by 13/2013 s 34
s 58(1)
amended by 41/2023 s 19(1), (2)
s 58(2)
amended by 41/2023 s 19(3), (4)
s 58A
inserted by 13/2013 s 34
Pt 4 Div 4
amended by 13/2013 s 35
s 61
s 61(1)
amended by 13/2013 s 36(1)—(3)
amended by 41/2023 s 20(1)
s 61(1a) and (1b)
inserted by 41/2023 s 20(2)
s 61(2)
amended by 13/2013 s 36(4)—(7)
s 61(2a)
inserted by 13/2013 s 36(8)
s 61(3)
amended by 13/2013 s 36(9)
s 61(4)
amended by 13/2013 s 36(10)
s 61(5)
inserted by 13/2013 s 36(11)
s 62
s 62(1)
amended by 13/2013 s 37(1), (2)
amended by 41/2023 s 21(1), (2)
s 62(2)
amended by 13/2013 s 37(3)—(5)
amended by 41/2023 s 21(4), (5)
amended by 41/2023 s 21(3)
s 62(3) and (4)
inserted by 41/2023 s 21(6)
s 63
s 63(1)
amended by 13/2013 s 38(1)
s 63(2)
amended by 41/2023 s 22(1)
s 63(3)
amended by 13/2013 s 38(2)
s 63(4)
amended by 41/2023 s 22(2)
s 63(5)
substituted by 13/2013 s 38(3)
amended by 41/2023 s 22(3)
s 63(5a)
inserted by 13/2013 s 38(3)
s 63(6)
amended by 13/2013 s 38(4)
s 63(7)
amended by 44/2003 s 3(1) (Sch 1)
amended by 13/2013 s 38(5), (6)
amended by 41/2023 s 22(4)
s 63(8)
amended by 13/2013 s 38(7)
s 63(9)
amended by 13/2013 s 38(8), (9)
amended by 41/2023 s 22(5)
s 63(11)
amended by 13/2013 s 38(10)
s 63(12)
deleted by 13/2013 s 38(11)
inserted by 41/2023 s 22(6)
s 63(13)
s 63 footnotes 1 and 2 redesignated as s 63(13) by 44/2003 s 3(1) (Sch 1)
amended by 13/2013 s 38(12)
amended by 41/2023 s 22(7), (8)
s 63(14)—(17)
inserted by 41/2023 s 22(9)
Pt 4 Div 5
s 65
s 65(2)
amended by 13/2013 s 39(1), (2)
amended by 41/2023 s 23
Pt 4 Div 6
s 66
s 66(1)
amended by 13/2013 s 40(1)
amended by 41/2023 s 24(1)
s 66(2)
amended by 13/2013 s 40(2), (3)
amended by 41/2023 s 24(2)
s 66(3)
amended by 13/2013 s 40(4), (5)
amended by 41/2023 s 24(3)
ss 66A and 66B
inserted by 41/2023 s 25
Pt 4 Div 6A
inserted by 41/2023 s 26
Pt 4 Div 7
ss 67A and 67B
inserted by 41/2023 s 27
s 68
s 68(1)
amended by 13/2013 s 41(1)
s 68(1a)
inserted by 13/2013 s 41(2)
s 68(2)
amended by 13/2013 s 41(3)
amended by 65/2013 Sch 3 cl 9
(c) deleted by 36/2016 Sch 1 cl 12(1)
s 68(3)
substituted by 13/2013 s 41(4)
s 68(4)
amended by 13/2013 s 41(5)
deleted by 36/2016 Sch 1 cl 12(2)
s 68(5)
inserted by 13/2013 s 41(6)
s 68A
inserted by 41/2023 s 28
Pt 4 Div 8
s 69
s 69(1)
amended by 13/2013 s 42(1)
s 69(2)
amended by 13/2013 s 42(2), (3)
amended by 41/2023 s 29
s 69(3a)
inserted by 13/2013 s 42(4)
s 70
s 70(1a)
inserted by 13/2013 s 43(1)
amended by 41/2023 s 30(1)
s 70(1ab)
inserted by 41/2023 s 30(2)
s 70(1b)
inserted by 36/2016 Sch 1 cl 13
s 70(2a) and (2b)
inserted by 41/2023 s 30(3)
s 70(3)
amended by 13/2013 s 43(2)
Pt 4 Div 9A
inserted by 13/2013 s 44
s 71A
s 71A(3)
inserted by 41/2023 s 31
Pt 4 Div 10
s 72
substituted by 13/2013 s 45
s 72(1)
amended by 43/2015 s 6
amended by 45/2016 s 4(1)—(3)
amended by 36/2016 Sch 1 cl 14
amended by 41/2023 s 32(1)—(3)
s 72(5a)—(5c)
inserted by 41/2023 s 32(4)
Pt 4 Div 11
substituted by 13/2013 s 46
s 73
s 73(1)
amended by 13/2013 s 47(1)
amended by 41/2023 s 33(1)
s 73(2)
amended by 54/2012 s 34(1)
substituted by 13/2013 s 47(2)
substituted by 41/2023 s 33(2)
s 73(3)
amended by 54/2012 s 34(2)
substituted by 13/2013 s 47(2)
substituted by 41/2023 s 33(2)
s 73(4)
amended by 13/2013 s 47(3)
amended by 41/2023 s 33(3)
s 73(5)
amended by 41/2023 s 33(4), (5)
s 73(6)
prescribed service
inserted by 41/2023 s 33(6)
water security rebate amount
amended by 13/2013 s 47(4)
8.6.2013
amended by 41/2023 s 33(7)
ss 73A and 73B
inserted by 41/2023 s 34
Pt 4 Div 12 before substitution by 41/2023
s 74
s 74(2)
amended by 13/2013 s 48(1)
amended by 65/2013 Sch 3 cl 10(1)
s 74(2a)
s 74(2) dot point redesignated as s 74(2a) by 44/2003 s 3(1) (Sch 1)
substituted by 13/2013 s 48(2)
amended by 65/2013 Sch 3 cl 10(2)
s 74(2ab)
inserted by 13/2013 s 48(2)
s 74(2b) and (2c)
s 74(2) dot points redesignated as s 74(2b) and (2c) by 44/2003 s 3(1) (Sch 1)
s 74(5)
amended by 13/2013 s 48(3)
Pt 4 Div 12
substituted by 41/2023 s 35
Pt 4 Div 13A
inserted by 41/2023 s 36
Pt 4 Div 14A
inserted by 22/2023 s 5
s 76A
s 76A(1)
prospective tenant information
inserted by 41/2023 s 37(1)
successful tenant
deleted by 41/2023 s 37(2)
tenant information
amended by 41/2023 s 37(3)
s 76B
amended by 41/2023 s 38(1)
s 76B(1)
amended by 41/2023 s 38(2), (3)
s 76B(2)
amended by 41/2023 s 38(4)—(6)
s 76B(2a) and (2b)
inserted by 41/2023 s 38(7)
s 76B(3)
amended by 41/2023 s 38(8)—(11)
s 76C
s 76C(1)
amended by 41/2023 s 39(1)
s 76C(2)
amended by 41/2023 s 39(2)
Pt 4 Div 15
s 77
s 77(3)
amended by 13/2013 s 49
amended by 41/2023 s 40(1), (2)
s 78A
inserted by 13/2013 s 50
Pt 5
Pt 5 Div 1
s 79
(a) deleted by 13/2013 s 51
amended by 36/2016 Sch 1 cl 15
amended by 41/2023 s 41(1), (2)
s 79A
inserted by 13/2013 s 52
Pt 5 Div 1A
inserted by 41/2023 s 42
Pt 5 Div 2
s 80
s 80(2)
amended by 13/2013 s 53
s 80(2a)
inserted by 41/2023 s 43
s 80(6) and (7)
s 80(5) dot points redesignated as s 80(6) and (7) by 44/2003 s 3(1) (Sch 1)
s 80A
inserted by 41/2023 s 44
s 81
s 81(2)
amended by 41/2023 s 45(1)
s 81(2a)
inserted by 41/2023 s 45(2)
s 81(3)
amended by 13/2013 s 54(1)
amended by 41/2023 s 45(3)
s 81(4)
amended by 13/2013 s 54(2)
amended by 41/2023 s 45(4)
amended by 70/2025 s 5
s 82
s 82(1)
substituted by 65/2013 Sch 3 cl 11
s 83
amended by 41/2023 s 46(1)
s 83(1)
amended by 41/2023 s 46(2), (3)
s 83(2)
substituted by 13/2013 s 55
amended by 65/2013 Sch 3 cl 12
amended by 36/2016 Sch 1 cl 16
s 83A
inserted by 13/2013 s 56
s 83A(1)
amended by 41/2023 s 47(1)
s 83A(2)
amended by 41/2023 s 47(2)
s 83A(3) and (4)
inserted by 41/2023 s 47(3)
s 83B
inserted by 13/2013 s 56
s 84
amended by 41/2023 s 48(1)
s 84(1)
substituted by 13/2013 s 57(1)
substituted by 36/2016 Sch 1 cl 17(1)
amended by 41/2023 s 48(2)
s 84(3)
inserted by 13/2013 s 57(2)
amended by 36/2016 Sch 1 cl 17(2)
s 84(4)
inserted by 36/2016 Sch 1 cl 17(3)
s 84A
inserted by 41/2023 s 49
Pt 5 Div 3
s 85
s 85(3a)
s 85(3) dot point redesignated as s 85(3a) by 44/2003 s 3(1) (Sch 1)
s 85AA
inserted by 41/2023 s 50
s 85A
inserted by 13/2013 s 58
s 85A(1)
s 85A redesignated as s 85A(1) by 45/2016 s 5
s 85A(2)
inserted by 45/2016 s 5
ss 85B—85D
inserted by 41/2023 s 51
ss 86A and 86B
inserted by 13/2013 s 59
Pt 5 Div 4
s 87
s 87(1a) and (1b)
inserted by 13/2013 s 60
s 89A
inserted by 43/2015 s 7
s 89A(2)
amended by 41/2023 s 52(1)
s 89A(3)
substituted by 41/2023 s 52(2)
s 89A(4)
amended by 41/2023 s 52(3)
s 89A(5)
amended by 41/2023 s 52(4)—(6)
s 89A(9)
amended by 64/2017 s 123
amended by 25/2025 Sch 2 cl 34
s 89A(12)
substituted by 41/2023 s 52(7)
s 90
s 90(2)
substituted by 55/1999 s 5
amended by 44/2006 s 49
18.1.2007
s 90(2a)
inserted by 55/1999 s 5
s 90(3)
interested person
amended by 13/2013 s 61(1)
s 90(4) and (5)
inserted by 13/2013 s 61(2)
Pt 5 Div 4A
inserted by 41/2023 s 53
Pt 5 Div 5
s 91
s 91(1)
amended by 41/2023 s 54(1), (2)
s 91A
inserted by 41/2023 s 55
s 92A
inserted by 13/2013 s 62
Pt 5 Div 6
s 93
s 93(1)
substituted by 13/2013 s 63(1)
s 93(2)
amended by 13/2013 s 63(2)
s 93(4a)
s 93(4) dot point redesignated as s 93(4a) by 44/2003 s 3(1) (Sch 1)
s 94
s 94(1a)
inserted by 13/2013 s 64
s 95
amended by 13/2013 s 65
amended by 36/2016 Sch 1 cl 18
amended by 41/2023 s 56
s 96
s 96(1a)—(1c)
inserted by 13/2013 s 66
Pt 5 Div 7 before substitution by 13/2013
s 97
s 97(4)
substituted by 55/1999 s 6(a)
s 97(6)
amended by 55/1999 s 6(b)
Pt 5 Div 7
substituted by 13/2013 s 67
s 97A
amended by 41/2023 s 57
s 97B
s 97B(2a)
inserted by 45/2016 s 6(1)
s 97B(4)
amended by 41/2023 s 58(1)
s 97B(6)
amended by 41/2023 s 58(2)
s 97B(7)
amended by 45/2016 s 6(2)
s 97C
s 97C(2)
amended by 41/2023 s 59(1)
s 97C(3)
amended by 41/2023 s 59(2)
Pt 5 Div 8
substituted by 26/2014 s 175
s 98
deleted by 26/2014 s 176
s 99
s 99(1)
substituted by 13/2013 s 68(1)
amended by 26/2014 s 177(1)
s 99(3)
amended by 13/2013 s 68(2)
s 99(5)
amended by 13/2013 s 68(3)
amended by 41/2023 s 60(1)
s 99(6)
amended by 13/2013 s 68(4)
amended by 41/2023 s 60(2)
s 99(8)
amended by 13/2013 s 68(2)
deleted by 26/2014 s 177(2)
Pt 5A
inserted by 13/2013 s 69
s 99D
s 99D(2)
amended by 41/2023 s 61(1), (2)
s 99E
s 99E(2)
amended by 41/2023 s 62(1), (2)
s 99F
s 99F(1)
amended by 43/2015 s 8(1), (2)
amended by 41/2023 s 63
s 99G
s 99G(1)
amended by 41/2023 s 64
s 99H
s 99H(2)
amended by 41/2023 s 65(1)
s 99H(3)
amended by 41/2023 s 65(2)
s 99I
s 99I(2)
amended by 41/2023 s 66
s 99J
s 99J(1)
amended by 41/2023 s 67(1)
s 99J(2)
amended by 41/2023 s 67(2)
s 99J
s 99J(3)
substituted by 41/2023 s 67(3)
s 99J(4)
deleted by 41/2023 s 67(3)
s 99K
s 99K(1)
amended by 41/2023 s 68(1), (2)
Pt 6
s 100
s 100(3)
amended by 13/2013 s 70(1)
s 100(5)
amended by 13/2013 s 70(2)
s 100(5a)
inserted by 70/2025 s 6
s 100(6)
inserted by 13/2013 s 70(3)
s 101
s 101(1)
s 101 amended and redesignated as s 101(1) by 13/2013 s 71(1)—(3)
amended by 26/2014 s 178
amended by 22/2023 s 6
amended by 41/2023 s 69
s 101(2)
inserted by 13/2013 s 71(3)
Pt 7 before substitution by 13/2013
s 105A
inserted by 21/1998 s 25
Pt 7
substituted by 13/2013 s 72
1.3.2014 except ss 105L(2) and 105M—9.5.2015
Pt 7 Div 1A
inserted by 41/2023 s 70
Pt 7 Div 2
s 105
s 105(1)
amended by 41/2023 s 71(1), (2)
Pt 7 Div 3
s 105C
s 105C(4)
amended by 41/2023 s 72
s 105D
s 105D(1)
amended by 41/2023 s 73(1), (2)
Pt 7 Div 4
s 105E
s 105E(1)
amended by 41/2023 s 74(1)
s 105E(4)
amended by 41/2023 s 74(2)
s 105F
s 105F(1)
amended by 41/2023 s 75(1), (2)
s 105F(2)
amended by 41/2023 s 75(3), (4)
s 105F(3)
amended by 41/2023 s 75(5), (6)
s 105G
s 105G(1)
amended by 41/2023 s 76(1), (2)
s 105G(2)
amended by 41/2023 s 76(3), (4)
s 105I
s 105I(3)
substituted by 36/2016 Sch 1 cl 19
s 105I(5)
deleted by 70/2025 s 7
s 105K
amended by 41/2023 s 77(1)
s 105K(1)
s 105K redesignated as s 105K(1) by 41/2023 s 77(2)
s 105K(2) and (3)
inserted by 41/2023 s 77(2)
s 105L
s 105L(1)
amended by 41/2023 s 78(1), (2)
s 105L
s 105L(2)
amended by 41/2023 s 78(4), (5)
amended by 41/2023 s 78(3)
s 105L(3) and (4)
inserted by 41/2023 s 78(6)
s 105M
s 105M(2)
amended by 41/2023 s 79(1)
s 105M(4)
amended by 41/2023 s 79(2)
s 105M(5)
amended by 41/2023 s 79(3)
s 105M(8)
amended by 41/2023 s 79(4)
s 105M(10)
amended by 41/2023 s 79(5)
s 105M(12a)
inserted by 41/2023 s 79(6)
s 105M(13)
amended by 41/2023 s 79(7), (8)
s 105M(14)—(16)
inserted by 41/2023 s 79(9)
s 105N
s 105N(2)
amended by 41/2023 s 80
s 105O
s 105O(2)
amended by 41/2023 s 81
s 105P
s 105P(3)
substituted by 36/2016 Sch 1 cl 20
s 105PA
inserted by 41/2023 s 82
s 105Q
s 105Q(3)
inserted by 41/2023 s 83
s 105R
s 105R(2)
amended by 41/2023 s 84
s 105S
s 105S(3)
amended by 41/2023 s 85(1), (2)
s 105T
amended by 41/2023 s 86
Pt 7 Div 5
s 105U
s 105U(6)
amended by 41/2023 s 87(1), (2)
amended by 70/2025 s 8
s 105U(6a) and (6b)
inserted by 36/2016 Sch 1 cl 21
s 105UA
inserted by 43/2015 s 9
s 105UA(7)
amended by 64/2017 s 124
amended by 25/2025 Sch 2 cl 35
s 105W
s 105W(1)
amended by 41/2023 s 88(1)
s 105W(2)
amended by 41/2023 s 88(1)
s 105W(4)
amended by 41/2023 s 88(2)
Pt 8
Pt 8 Div 1
substituted by 13/2013 s 73
Pt 8 Div 1 Subdiv 1
s 106
conciliation conference
substituted by 26/2014 s 179
Pt 8 Div 1 Subdiv 2
s 107
s 107(3)
amended by 26/2014 s 180(1)
s 107(6)
amended by 26/2014 s 180(2)
Pt 8 Div 1 Subdiv 3
deleted by 26/2014 s 181
Pt 8 Div 1 Subdiv 4
s 108A
amended by 26/2014 s 182
s 108B
s 108B(1)
s 108B(2)
s 108B(3)
amended by 15/2025 Sch 1 cl 3
28.4.2025
s 108B(4)
s 108B(5)
s 108B(7)
substituted by 26/2014 s 183(2)
s 108B(9)
deleted by 26/2014 s 183(3)
s 108B(10)
substituted by 26/2014 s 183(4)
Pt 8 Div 3
s 110
s 110(1)
s 110 amended and redesignated as s 110(1) by 55/1999 s 7(a)—(c)
amended by 13/2013 s 74(1)—(3)
s 110(2)
inserted by 55/1999 s 7(c)
s 112
s 112 (1a)
inserted by 43/2015 s 10
s 112 (1b)
inserted by 43/2015 s 10
amended by 64/2017 s 125
amended by 25/2025 Sch 2 cl 36
Pt 8 Div 4
s 113
s 113(1)
amended by 13/2013 s 75(1)
amended by 26/2014 s 184
s 113(3)
amended by 13/2013 s 75(2), (3)
s 114
amended by 13/2013 s 76
amended by 26/2014 s 185
amended by 41/2023 s 89
Pt 8 Div 5
inserted by 41/2023 s 90
s 114A
s 114A(2)
relevant decision
amended by 70/2025 s 9
Pt 9
s 115
s 115(3)
amended by 13/2013 s 77
amended by 41/2023 s 91
s 116
deleted by 13/2013 s 78
s 117A
inserted by 13/2013 s 79
s 119
s 119(1)
amended by 21/1998 s 26
s 119(3)
amended by 13/2013 s 80
amended by 41/2023 s 92
s 120
s 120(1)
amended by 13/2013 s 81(1)
amended by 41/2023 s 93
s 120(2)
deleted by 13/2013 s 81(2)
s 121
amended by 41/2023 s 94(1)
s 121(2)
amended by 41/2023 s 94(2)
s 121(3)
amended by 13/2013 s 82(1)
s 121(4)
inserted by 34/1996 s 4 (Sch cl 29)
amended by 13/2013 s 82(2)
s 121(5) and (6)
inserted by 41/2023 s 94(3)
Sch before deletion by 13/2013
heading substituted by 44/2003 s 3(1) (Sch 1)
Div 1
Div 2 heading
Div 3
Sch
deleted by 13/2013 s 83
Sch 1
inserted by 13/2013 s 83
1.3.2014 except cl 5—9.5.2015
Sch 2
inserted by 45/2016 s 7
Sch 3
inserted by 41/2023 s 95
Sch 4
inserted by 70/2025 s 10
Transitional etc provisions associated with Act or amendments
Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996
5—Transitional provision
An Act repealed or amended by this Act will continue to apply (as in force immediately prior to the repeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act.
Statutes Amendment (SACAT) Act 2014
186—Transitional provisions
(1) In this section—
principal Act means the Residential Tenancies Act 1995;
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 37 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.
(7) The Residential Tenancies Tribunal is dissolved by force of this subsection.
(8) A member of the Residential Tenancies Tribunal holding office when subsection (7) comes into operation will cease to hold office at that time and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time (but any such termination will not affect any right of action that a person may have against a Minister or the State on account of that termination).
(9) 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 36 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 Tenancies (Protection of Prospective Tenants) Amendment Act 2023, Sch 1
1—Transitional provisions
(1) Subject to this clause, Part 4 Division 14A applies to a person who holds tenant information on or after the commencement of this subclause, whether the tenant information was provided before or after that commencement.
(a) section 76B(2)(a) of Part 4 Division 14A does not apply to a person who holds tenant information provided by a successful tenant in respect of a residential tenancy agreement where the tenancy ended more than 2 years before the commencement of this subclause if the person takes such steps as are reasonable in the circumstances to destroy the tenant information within 12 months of that commencement; and
(b) paragraph (b) of section 76B(2) of Part 4 Division 14A does not apply to a person who holds tenant information to which that paragraph would otherwise apply if the person takes such steps as are reasonable in the circumstances to destroy the tenant information within 12 months of the commencement of this subclause.
(3) In this clause—
Part 4 Division 14A means Part 4 Division 14A of the Residential Tenancies Act 1995 (as inserted by section 5 of this Act).
(4) Terms used in this clause and in Part 4 Division 14A have the same meaning in this clause as they do in Part 4 Division 14A.
Historical versions
Reprint No 1—3.2.1997
Reprint No 2—28.5.1998
Reprint No 3—1.7.1999
Reprint No 4—3.10.1999
Reprint No 5—1.7.2002
Reprint No 6—24.11.2003
18.1.2007
5.11.2007
1.2.2010
8.6.2013
14.12.2017
1.7.2020
28.4.2025