Residential Tenancy Amendment (Safety Modifications) Bill 2025

[Bill 59]-IX TASMANIA

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RESIDENTIAL TENANCY AMENDMENT (SAFETY MODIFICATIONS) BILL 2025

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CONTENTS

1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 54 amended (Alterations, additions and fixtures)
6. Sections 54A, 54B and 54C inserted 54A. Safety modification permitted 54B. Order of Commissioner in respect of safety modification 54C. Appeal to Tribunal in respect of safety modification order
7. Repeal of Act

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[Bill 59] 3 RESIDENTIAL TENANCY AMENDMENT (SAFETY MODIFICATIONS) BILL 2025 (Brought in by the Minister for Small Business, Trade and Consumer Affairs, the Honourable Guy Barnett) A BILL FOR An Act to amend the Residential Tenancy Act 1997 Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title This Act may be cited as the Residential Tenancy Amendment (Safety Modifications) Act
3. Commencement The provisions of this Act commence on a day or days to be proclaimed.
4. Principal Act In this Act, the Residential Tenancy Act 1997* is referred to as the Principal Act.

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*No. 82 of 1997

Residential Tenancy Amendment (Safety Modifications) Act 2025 Act No. of 2025 s. 4 4 4. Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended as follows: (a) by inserting the following definition after the definition of agent: approved form means a form that is approved by the Commissioner; (b) by inserting the following definition after the definition of residential tenancy agreement: safety modification, in relation to premises, means the affixing of an item of furniture to those premises for the purposes of avoiding the risk of injury or death to a person from the movement of that furniture; (c) by inserting the following definition after the definition of tertiary student: Tribunal means the Tasmanian Civil and Administrative Tribunal; 5. Section 54 amended (Alterations, additions and fixtures) Section 54 of the Principal Act is amended by inserting after subsection (3) the following subsection:

Residential Tenancy Amendment (Safety Modifications) Act 2025 Act No. of 2025 s. 6 5 (4) This section does not apply to a safety modification to which section 54A applies. 6. Sections 54A, 54B and 54C inserted After section 54 of the Principal Act, the following sections are inserted in Part 5: 54A. Safety modification permitted (1) In this section – permanent damage includes – (a) damage that cannot be remedied; and (b) damage that affects premises that have historic cultural heritage significance within the meaning of the Historic Cultural Heritage Act 1995; and (c) a type of damage prescribed for the purposes of this definition. (2) Subject to subsection (3), a tenant of residential premises may make a safety modification to those premises without the consent of the owner of the premises, provided that the safety modification does not contravene any other law in respect of modifications to premises. (3) Despite subsection (2), if a safety modification is likely to cause permanent