3Definitions

#### 3 Definitions 3 Definitions > > (1) In this Act— > > > > acceptable behaviour agreement—see section 138. > > > > apprehended violence order has the same meaning as it has in the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080) and includes a provisional, interim and final apprehended violence order. > > > > approved form means the form approved from time to time by the Secretary. > > > > Board means the Rental Bond Board constituted under this Act. > > > > break fee—see section 107. > > > > co-tenant means a tenant who is one of 2 or more tenants under a residential tenancy agreement. > > > > Department means the Department of Customer Service. > > > > domestic violence offence has the same meaning as it has in the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080). > > > > exercise a function includes perform a duty. > > > > fixed term agreement means a residential tenancy agreement for a tenancy for a fixed term. > > > > function includes a power, authority or duty. > > > > give includes cause to give. > > > > holding fee means an amount paid or required to be paid to a person for not letting premises pending the making of a residential tenancy agreement. > > > > investigator means an investigator appointed under section 18 of the [Fair Trading Act 1987](/view/html/inforce/current/act-1987-068). > > > > landlord means— > > > > > (a) the person who grants the right to occupy residential premises under a residential tenancy agreement, or > > > > > (b) a successor in title to the residential premises whose interest is subject to the interest of the tenant, or > > > > > (c) a tenant who has granted the right to occupy residential premises to a sub-tenant, > > > > and includes a prospective landlord. > > > > landlord’s agent means a person who acts as the agent of a landlord and who (whether or not the person carries on any other business) carries on business as an agent for— > > > > > (a) the letting of residential premises, or > > > > > (b) the collection of rents payable for any tenancy of residential premises. > > > > Note. > > > > A person who acts as such an agent is required to be licensed under the [Property and Stock Agents Act 2002](/view/html/inforce/current/act-2002-066). > > > > periodic agreement means a residential tenancy agreement that is not a fixed term agreement. > > > > premises includes a moveable dwelling within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030). > > > > public holiday means a day appointed under the [Public Holidays Act 2010](/view/html/inforce/current/act-2010-115) or another Act as a public holiday. > > > > rent means an amount payable by a tenant under a residential tenancy agreement for the right to occupy premises for a period of the agreement. > > > > rental bond—see section 157. > > > > residential premises means any premises or part of premises (including any land occupied with the premises) used or intended to be used as a residence. > > > > Note. > > > > Land on which there is no residence cannot be subject to a tenancy or other provisions under this Act. > > > > residential tenancy agreement—see section 13. > > > > residential tenancy database—see section 209. > > > > Secretary means— > > > > > (a) the Commissioner for Fair Trading, Department of Customer Service, or > > > > > (b) if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department. > > > > separately metered means that there is, in respect of residential premises, a meter— > > > > > (a) that satisfies an Australian Standard prescribed by the regulations (if any) dealing with electrical, gas, oil or water metering equipment, and > > > > > (b) that has been installed in accordance with the manufacturer’s instructions for installation or industry practice, and > > > > > (c) that measures the quantity of electricity, gas, oil or water that is supplied to, or used at, only those residential premises, and > > > > > (d) that enables a separate bill to be issued by the supplier for all charges for the supply and use of the electricity, gas, oil or water at those residential premises, and > > > > > (e) if the meter is to measure the supply of electricity—in respect of which an NMI, within the meaning of the [National Energy Retail Law (NSW)](/view/html/inforce/current/act-2012-37a), has been assigned, and > > > > > (f) if the meter is to measure the supply of gas—in respect of which an MIRN or a delivery point identifier, within the meaning of the [National Energy Retail Law (NSW)](/view/html/inforce/current/act-2012-37a), has been assigned. > > > > sign includes execution by a corporation in any manner permitted by law. > > > > social housing premises—see section 136. > > > > social housing provider—see section 136. > > > > social housing tenancy agreement—see section 136. > > > > tenancy means the right to occupy residential premises under a residential tenancy agreement. > > > > tenant means— > > > > > (a) the person who has the right to occupy residential premises under a residential tenancy agreement, or > > > > > (b) the person to whom such a right passes by transfer or operation of the law, or > > > > > (c) a sub-tenant of a tenant, > > > > and includes a prospective tenant. > > > > termination notice—see section 80. > > > > termination order—see section 80. > > > > Tribunal means the Civil and Administrative Tribunal. > > > > water usage charge for residential premises means that part of a water charge that is based on the volume of water supplied to the premises. > > > > Note. > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act. > > > (2) Notes included in this Act do not form part of this Act. > > **s 3:** Am 2013 No 95, Sch 4.34 \[1\] \[2\]; 2013 No 97, Sch 3.12 \[1\]; 2013 No 111, Sch 3.24 \[1\]; 2016 No 27, Sch 2.40 \[2\]; 2018 No 5, Sch 2.13; 2018 No 58, Sch 1 \[1\]; 2022 No 59, Sch 3.60\[1\] \[2\]; 2024 No 25, Sch 2.7\[1\], Sch 3.5\[1\]; 2025 No 48, Sch 3.9.