QLDIn ForceAct
Residential Tenancies and Rooming Accommodation Act 2008
sec.364Documents left on premises
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### sec.364 Documents left on premises
This section applies if—
an agreement ends; and
a document is left at the premises.
The person who was the lessor (the former lessor ) or who is the former lessor’s agent must, within the required period—
if the former lessor or agent knows the former tenant is the owner of the document—give the document to the former tenant; or
if the former lessor or agent knows the former tenant is not the owner of the document and knows who the owner of the document is—give the document to the owner; or
if neither paragraph (a) nor paragraph (b) applies—give the document to the public trustee.
Maximum penalty—10 penalty units.
Despite subsection (2) (a) and (b) , if the former lessor or the former lessor’s agent does not know where the former tenant or owner is, the former lessor or agent must, within the required period, give the document to the public trustee.
Maximum penalty—10 penalty units.
Money given to the public trustee under subsection (3) must be dealt with under the Public Trustee Act 1978 as unclaimed moneys.
A personal document given to the public trustee under subsection (3) —
must be retained by the public trustee for at least 6 months, unless reclaimed by the owner; and
at the end of the 6 months, may be disposed of by the public trustee in any way the public trustee considers appropriate.
In this section—
document means a personal document or money.
required period means the period ending 7 days after the first of the following to happen—
the agreement ends;
the person finds the document.
(sec.364-ssec.1) This section applies if— an agreement ends; and a document is left at the premises.
(sec.364-ssec.2) The person who was the lessor (the former lessor ) or who is the former lessor’s agent must, within the required period— if the former lessor or agent knows the former tenant is the owner of the document—give the document to the former tenant; or if the former lessor or agent knows the former tenant is not the owner of the document and knows who the owner of the document is—give the document to the owner; or if neither paragraph (a) nor paragraph (b) applies—give the document to the public trustee. Maximum penalty—10 penalty units.
(sec.364-ssec.3) Despite subsection (2) (a) and (b) , if the former lessor or the former lessor’s agent does not know where the former tenant or owner is, the former lessor or agent must, within the required period, give the document to the public trustee. Maximum penalty—10 penalty units.
(sec.364-ssec.4) Money given to the public trustee under subsection (3) must be dealt with under the Public Trustee Act 1978 as unclaimed moneys.
(sec.364-ssec.5) A personal document given to the public trustee under subsection (3) — must be retained by the public trustee for at least 6 months, unless reclaimed by the owner; and at the end of the 6 months, may be disposed of by the public trustee in any way the public trustee considers appropriate.
(sec.364-ssec.6) In this section— document means a personal document or money. required period means the period ending 7 days after the first of the following to happen— the agreement ends; the person finds the document.
- (a) an agreement ends; and
- (b) a document is left at the premises.
- (a) if the former lessor or agent knows the former tenant is the owner of the document—give the document to the former tenant; or
- (b) if the former lessor or agent knows the former tenant is not the owner of the document and knows who the owner of the document is—give the document to the owner; or
- (c) if neither paragraph (a) nor paragraph (b) applies—give the document to the public trustee.
- (a) must be retained by the public trustee for at least 6 months, unless reclaimed by the owner; and
- (b) at the end of the 6 months, may be disposed of by the public trustee in any way the public trustee considers appropriate.
- (a) the agreement ends;
- (b) the person finds the document.