Subdiv 2Bonds

Subdivision 2—Bonds 105K—Bond (1) A person must not— (a) require more than 1 bond for the same rooming house agreement; or (b) require the payment of a bond exceeding 2 weeks rent under a rooming house agreement. (2) A bond must— (a) be paid to the Commissioner or the proprietor in the manner and form approved by the Commissioner; and (b) be accompanied by the information determined by the Commissioner. (3) For the purposes of this section, a payment of an amount by way of a bond to a proprietor's agent will be taken to be a payment to the proprietor. 105L—Receipt of bond and transmission to Commissioner (1) A person must, within 48 hours after receiving an amount paid by way of a bond, give the person who paid a receipt stating the date payment was received, the name of the person from whom the payment was received, the amount paid, and the address of the rooming house to which the payment relates. (2) A person who receives an amount by way of a bond must pay the amount of the bond to the Commissioner in the manner and form approved by the Commissioner and accompanied by the information determined by the Commissioner within the period allowed by regulation. (3) If the Commissioner receives an amount by way of a bond for a rooming house agreement from a person who is not the proprietor, the Commissioner must, as soon as is reasonably practicable after receiving the amount, notify the proprietor or the proprietor's agent (as determined by the Commissioner) of the receipt of the amount in accordance with the regulations. (4) If the Commissioner receives an amount apparently by way of a bond and the Commissioner is satisfied that the amount is not within the ambit of the definition of a bond under this Act, the Commissioner may refund the amount in accordance with the regulations. 105M—Repayment of bond (1) An application may be made to the Commissioner for— (a) payment of the whole amount of the bond either to the proprietor or the resident; or (b) payment of a specified amount of the bond to the proprietor and the balance to the resident. (2) The application— (a) must be in a manner and form approved by the Commissioner; and (b) may be made jointly by the proprietor and the resident or by either the proprietor or the resident. (3) If the application is undisputed, the Commissioner must pay out the amount of the bond as specified in the application. (4) If an application is liable to be disputed, the Commissioner must give the respondent written notice of the application (in a form the Commissioner considers appropriate) and inform the respondent that, if the respondent wants to dispute the application, a written notice of dispute must be lodged with the Commissioner within the prescribed period after the date the notice is given to the respondent. (5) If the respondent does not give the Commissioner written notice of dispute within the prescribed period after the day on which the Commissioner's notice under subsection (4) is given to the respondent, the Commissioner may pay out the amount of the bond as proposed in the application. (6) However, if the application is made by the proprietor alone more than 12 months after the termination of the rooming house agreement— (a) the Commissioner must refer the application to the Tribunal for determination; and (b) the Tribunal may authorise payment of the amount of the bond as proposed in the application if the Tribunal is satisfied, on the basis of information provided by the proprietor, that the proprietor is entitled to the payment. (7) If the Commissioner receives a written notice of dispute before the amount of the bond is paid out under subsection (5), the Commissioner must refer the dispute to the Tribunal for determination. (8) Despite a preceding subsection, if— (a) the bond has been provided or paid on behalf of the resident by a third party prescribed by the regulations, or in circumstances prescribed by the regulations; and (b) the Commissioner is given notice of the third party's interest in accordance with the regulations, (c) the third party is entitled to make application to the Commissioner for the payment of the whole, or a specified part, of the bond; and (d) — (i) if the application is made with the consent of the proprietor—the Commissioner must pay out the amount of the bond as specified in the application; (ii) in any other case—the Commissioner must give the proprietor and, if the resident is still in possession of the premises, the resident, written notice of the application (in a form the Commissioner considers appropriate) and— (A) if the Commissioner does not receive a written notice of dispute from the party or parties to whom the notice of the application was given within the prescribed period after the date on which the original notice is given—the Commissioner may pay out the amount of the bond as proposed in the application; (B) in any other case—the Commissioner must refer the matter to the Tribunal for determination. (9) If a payment is made under subsection (8) and the resident is still in possession of the premises, the proprietor may require the resident to provide a new bond in accordance with section 105K. (10) If— (a) a bond under a rooming house agreement is provided on behalf of the resident by a third party prescribed by the regulations in circumstances prescribed by the regulations; and (b) the proprietor makes application to the Commissioner for the payment of the whole, or a specified part, of the amount payable under the bond, (c) if the application is made with the consent of the third party—the Commissioner must pay out the amount as specified in the application; (d) in any other case—the Commissioner must give the third party and, if the resident is still in possession of the premises, the resident, written notice of the application (in a form the Commissioner considers appropriate) and— (i) if the Commissioner does not receive a written notice of dispute from the party or parties to whom the notice of the application was given within the prescribed period after the date on which the original notice is given—the Commissioner may pay out the amount as proposed in the application; (ii) in any other case—the Commissioner must refer the matter to the Tribunal for determination. (11) If a payment is made under subsection (10), the third party must reimburse the Fund to the extent of the payment. (12) A payment under this section will be made from the Fund. (12a) For the purposes of the payment of an amount of a bond under this section, the Registrar may disclose to the Commissioner the details of a decision or order given or made by the Tribunal the disclosure of which would otherwise be contrary to a direction or order of the Tribunal. (13) For the purposes of this section— (a) an application is undisputed if it is— (i) a joint application by the proprietor and the resident; or (ii) an application by the proprietor that the whole of the amount of the bond be paid to the resident; or (iii) an application by the resident that the whole of the amount of the bond be paid to the proprietor; and (b) an application that does not fall into any of those categories is liable to be disputed; and (c) if the application was made by the proprietor, each resident is a respondent; and (d) if the application was made by a resident, the proprietor and any other resident are the respondents. (14) Despite subsection (13)(a), an application that involves payment of an amount to more than 1 resident is only undisputed if— (a) it proposes the payment of the amount to the residents in equal shares; or (b) it indicates that each resident agrees to the payment of the bond as proposed in the application, (and an application that involves payment of an amount to more than 1 resident that does not comply with paragraph (a) or (b) is liable to be disputed). (15) Despite any provision of this section, an application by or on behalf of a proprietor for the payment of the whole or a specified amount of a bond to the proprietor must be made— (a) within the prescribed period after the end of the agreement to which the bond relates; and (b) in the manner and form determined by the Commissioner. (16) The regulations may modify or disapply a provision of this section for the purposes of an electronic system approved by the Commissioner for the repayment of bonds.