136Regulation-making power

136 Regulation-making power (1) The Executive may make regulations for this Act. (2) A regulation may make provision in relation to the following: (a) the keeping of records; (b) tenancy databases; (c) commercial guarantees, including the following: (i) grounds for registering, applying a condition to, or refusing to register a standard guarantee contract; (ii) a matter that must be included in, or excluded from, a commercial guarantee; (iii) requirements in relation to reporting on, record keeping for and the administration of commercial guarantees; Miscellaneous Part 9 (iv) if a person has registered a standard guarantee contract— information that the person must give to another person before entering into a commercial guarantee with the other person; (v) amending, renewing, ending or suspending the registration of a standard guarantee contract. Note Power to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48). Schedule 1 Standard residential tenancy terms (see s 8) Lessor and tenant must comply with terms of tenancy agreement 1 (1) This tenancy agreement is made under the Residential Tenancies Act 1997 (the Residential Tenancies Act). (2) The lessor and the tenant may agree to add additional clauses to the tenancy agreement but they must not be inconsistent with, or modify, existing clauses (except if permitted by the Act). 2 By signing this tenancy agreement, the lessor and the tenant agree to be bound by its terms during the period of the tenancy it creates. 3 A party to this tenancy agreement cannot contract out of it or out of the provisions of the Residential Tenancies Act, except as provided in that Act. 4 A fixed term tenancy must be for the single period specified in the tenancy agreement. 5 A periodic tenancy includes a tenancy that is not specified to be for a fixed term, including such a tenancy which commences on the expiration of a fixed term tenancy. 6 A reference in this tenancy agreement to a notice to vacate and a notice of intention to vacate is taken to be a reference to a termination notice under the Residential Tenancies Act. Costs and procedures for establishing tenancy agreement 7 The lessor bears the cost of preparation and execution of this 8 The tenant is responsible for any legal costs that the tenant incurs in relation to preparation and execution of this tenancy 9 The lessor must give a copy of the proposed tenancy agreement to the tenant before the commencement of the tenancy. 10 The tenancy agreement must be signed by the tenant and by the lessor (or by their authorised agents). 11 The lessor must give a copy of the tenancy agreement, signed by each party, to the tenant as soon as possible after it has been signed by each party, but no later than 3 weeks after the tenant has returned a signed copy. 12 If the lessor does not return the tenancy agreement to the tenant, as provided by clause 11, the tenancy agreement has full effect in the terms signed by the tenant on occupation of the premises or acceptance of rent. Information 13 (1) The lessor must provide to the tenant a copy of an information booklet about residential tenancies authorised by the director-general before the commencement of this agreement. (2) If it is not possible to provide the tenant with a booklet, the lessor must inform the tenant of the booklet and where it may be obtained. (3) If the premises are a unit within the meaning of the Unit Titles Act 2001, the lessor must give the tenant a copy of the owners corporation’s rules before the commencement of this agreement. Bond and condition report Maximum bond 14 Payment of a bond is not necessary unless required by the lessor. 15 Only 1 bond is payable for the tenancy created by this tenancy 16 The amount of the bond must not exceed the amount of 4 weeks rent. Lodgment of the bond with the Office of Rental Bonds 17 If the lessor requires a bond, the bond must be lodged with the Office of Rental Bonds. 18 Either party may lodge the bond with the Office of Rental Bonds. If the lessor and tenant agree that the tenant is to lodge the bond 19 If the parties agree that the tenant is to lodge the bond, the following applies: (a) the tenant, or the lessor on the tenant’s behalf, must complete the bond lodgment form provided by the Office of Rental Bonds and lodge the form with the Office; (b) the tenant must lodge the bond with the Office of Rental Bonds in the way permitted by the Office; (c) the lessor may require lodgment of the bond before the lessor gives possession of the premises to the tenant and if this is the case, the tenant must be able to take possession of the premises and receive the keys to the premises as soon as the tenant provides the lessor with evidence of lodgment of the bond or the Office of Rental Bonds notifies the lessor that the bond was received by the Office. If the lessor is to lodge the bond 20 If the lessor is to lodge the bond, the following applies: (a) on receiving the bond, the lessor must give the tenant a receipt for the bond; (b) the lessor must complete the bond lodgment form provided by the Office of Rental Bonds and lodge the form with the Office; Note Under the Electronic Transactions Act 2001, s 8 (1), information required to be in writing may be given electronically in certain circumstances. (c) the lessor must lodge the bond with the Office of Rental Bonds in the way permitted by the Office within— (i) the later of 2 weeks after receiving the bond and the commencement of the tenancy; or (ii) if the lessor’s real estate agent lodges the bond—the later of 4 weeks after receiving the bond and the commencement of the tenancy. Condition Report 21 (1) Within 1 day of the tenant taking possession of the premises, the lessor must give the tenant— (a) 2 paper copies of a condition report completed by the lessor; or (b) if the tenant agrees—1 electronic copy of a condition report completed by the lessor, in a form that can be electronically edited by the tenant. (2) The condition report must be on, or to the effect of, the condition report form published by the Territory. 22 (1) The tenant must examine the report and indicate on the report the tenant’s agreement or disagreement with the items. (2) Within 2 weeks after the day the tenant receives the report, the tenant must return 1 copy of the report to the lessor, signed by the tenant and indicating the tenant’s agreement or disagreement with the report or parts of the report.