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Residential Tenancies Act 1997
11AAdvertising—required information
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11A Advertising—required information
(a) the person publishes an advertisement for the lease of premises;
and
(b) the advertisement does not contain the required information.
(2) Subsection (1) does not apply if the person has a reasonable excuse.
mentioned in s (2) (see Criminal Code, s 58).
(3) An offence against this section is a strict liability offence.
adaptable housing dwelling—see the Civil Law (Sale of Residential
Property) Act 2003, dictionary.
required information means the following information:
(a) if there is an existing energy efficiency rating of the habitable
part of the premises—a statement of the energy efficiency
rating;
(b) if there is no existing energy efficiency rating of the habitable
part of the premises—a statement to that effect;
(c) if the premises are an adaptable housing dwelling—a statement
that the premises are an adaptable housing dwelling;
(d) if the premises are required to comply with the minimum
housing standards—a statement about whether the premises
comply;
(e) if the premises are exempt from complying with a minimum
housing standard—a statement that the premises are exempt;
(f) anything else prescribed by regulation.
11AA Advertising—false or misleading required information
(a) the person publishes an advertisement for the lease of premises;
and
(b) the advertisement includes the required information; and
(c) the required information is false or misleading.
(2) Subsection (1) does not apply if the person has a reasonable excuse.
mentioned in s (2) and s (3) (see Criminal Code, s 58).
(3) Also, subsection (1) (c) does not apply if the information is not false
or misleading in a material particular.
(4) An offence against this section is a strict liability offence.
required information—see section 11A (4).
11AB Certain special conditions must be advertised
A person commits an offence if—
(a) the person publishes an advertisement for the lease of residential
(b) the proposed residential tenancy agreement for the premises—
(i) contains a term endorsed by the ACAT under section 10
(Endorsement of inconsistent tenancy terms by ACAT); or
(ii) requires the lessor’s consent to keep an animal on the
(c) the advertisement does not—
(i) if paragraph (b) (i) applies—state that the term applies; and
(ii) if paragraph (b) (ii) applies—
(A) state that consent is required; and
(B) if the lessor has prior approval from the ACAT under
section 71AF to impose a condition on consent—state
that a condition applies.
11AC Lessor or agent must advertise rental rate for premises
(a) the person publishes an advertisement for the lease of residential
(b) the advertisement does not state the rental rate payable for the
(2) An offence against this section is a strict liability offence.
inclusion, in relation to premises, means property or a right or
entitlement that relates to the premises.
Examples—optional extras
access to a basement car park, partial or full furnishing of the premises
rental rate—
(i) a single amount; or
(ii) 2 or more single amounts if each single amount relates to
an inclusion offered by a lessor and which a tenant may
accept to be included under the lease; but
(b) does not include a range of amounts or a minimum or maximum
amount.
11AD Lessor or agent must not solicit rent bidding
(1) A person commits an offence if the person solicits or invites a tenant
to offer a rental rate for premises that is higher than the advertised
rental rate for the premises.
(2) However, subsection (1) does not prevent a lessor from accepting an
offer from a tenant for a higher rental rate than the advertised rental
rate if the offer was made by the tenant without solicitation or
invitation from the lessor or another person.
(3) An offence against this section is a strict liability offence.