Manufactured Homes (Residential Parks) Act 2003

An Act to provide for the positioning and occupancy of manufactured homes in residential parks, and for other purposes

1Short title

This Act may be cited as the Manufactured Homes (Residential Parks) Act 2003.

2Commencement

This Act commences on a day to be fixed by proclamation.

3Act binds all persons

(1)This Act binds all persons, including the State.

(2)However, nothing in this Act makes the State liable to be prosecuted for an offence.

div hdg amd 2014 No. 8s 132

4Objects of Act

(1)The main object of this Act is to regulate, and promote fair trading practices in, the operation of residential parks—

(a)to protect home owners from unfair business practices; and

(b)to enable home owners, and prospective home owners, to make informed choices by being fully aware of their rights and responsibilities in their relationship with park owners.

(2)The main object is achieved by—

(a)declaring particular rights and obligations of the park owner, and home owners, for a residential park; and

(b)facilitating the disclosure of information about a residential park, and this Act, to a prospective home owner for a site; and

(c)regulating—

(i)the making, content, assignment and ending of a site agreement; and

(ii)the sale of an abandoned manufactured home positioned on a site in a residential park; and

(iii)the variation of site rent; and

(d)facilitating participation by home owners for a residential park in the affairs of the park; and

(e)providing ways of resolving a site agreement dispute.

(3)The following are also important objects of this Act—

(a)encouraging the continued growth and viability of the residential park industry in the State;

(b)providing a clear regulatory framework to ensure certainty for the residential park industry in planning for future expansion.

s 4 amd 2010 No. 46s 4

4ARelationship with Fair Trading Inspectors Act 2014

(1)The Fair Trading Inspectors Act 2014 (the FTI Act) enacts common provisions for this Act and particular other Acts about fair trading.

(2)Unless this Act otherwise provides in relation to the FTI Act, the powers that an inspector has under that Act are in addition to and do not limit any powers the inspector may have under this Act.

(3)In this section—

inspector means a person who holds office under the FTI Act as an inspector for this Act.

Note—

See also the modifying provisions for this Act stated in the FTI Act, section 5.

s 4A ins 2014 No. 8s 133

5Rights and remedies of persons

(1)A right or remedy given to a person under this Act is in addition to, and not in substitution for, a right or remedy the person would have apart from this Act.

(2)Without limiting subsection (1), this Act does not operate to reduce the effect of a right or remedy a person would have apart from this Act.

(3)In subsections (1) and (2), a reference to a right or remedy a person would have apart from this Act is a reference to a right or remedy that is consistent with this Act.

6Definitions

The dictionary in the schedule defines particular words used in this Act.

s 6 amd 2009 No. 24s 657

8Who is a home owner

(1)Each of the following is a home owner—

(a)a person who owns a manufactured home that is positioned on a site in a residential park under a site agreement;

(b)a person who intends to position a manufactured home on a site in a residential park under a site agreement for use by the person as the person’s principal place of residence;

(c)a person who obtains an interest in a site agreement as the personal representative, or a beneficiary of the estate, of a deceased individual who immediately before the individual’s death was a person mentioned in paragraph (a) or (b);

(d)another successor in title of a person mentioned in paragraph (a) or (b).

(2)A person mentioned in subsection (1)(a) is a home owner whether—

(a)the person occupies the home as the person’s principal place of residence; or

(b)a tenant of the person occupies the home.

9What is a home owners information document

A home owners information document is a document, in the form provided for in section 18, giving a prospective home owner for a site in a residential park information to help the person make an informed decision about entering into a site agreement for the site.

Note—

Section 18 requires particular information to be included in a home owners information document.

10What is a manufactured home

(1)A manufactured home is a structure, other than a caravan or tent, that—

(a)has the character of a dwelling house; and

(b)is designed to be able to be moved from one position to another; and

(c)is not permanently attached to land.

(2)A manufactured home does not include a converted caravan.

(3)However, if a park owner and the owner of a converted caravan enter into an agreement, that would be a site agreement if it related to a manufactured home, for a site on which the converted caravan is positioned or intended to be positioned—

(a)the converted caravan is taken to be a manufactured home; and

(b)the agreement is taken to be a site agreement.

(4)To remove any doubt, it is declared that an agreement entered into under another Act or a former Act, other than the repealed Mobile Homes Act 1989, is not a site agreement under subsection (3).

Example—

A residential tenancy agreement entered into under the Residential Tenancies and Rooming Accommodation Act 2008 is not a site agreement under subsection (3).

s 10 amd 2010 No. 46s 6

10AWhat is a converted caravan

A converted caravan is a structure that—

(a)as originally designed, was a caravan; and

(b)is no longer a caravan because of a structural addition or structural alteration.

s 10A ins 2010 No. 46s 7

11Who is a park owner

(1)A person who owns a residential park is a park owner.

(2)Each of the following is also a park owner—

(a)the personal representative, or a beneficiary of the estate, of a deceased individual who immediately before the individual’s death was a person mentioned in subsection (1);

(b)a mortgagee in possession of a residential park for which site agreements are in force;

(c)another successor in title of a person mentioned in subsection (1).

12What is a residential park

A residential park is an area of land that includes—

(a)sites; and

(b)common areas; and

(c)facilities for the personal comfort, convenience or enjoyment of persons residing in manufactured homes positioned on sites.

13What is a site

A site is land that is available for rent under a site agreement.

14What is a site agreement

A site agreement is an agreement between a park owner and a home owner that—

(a)provides for—

(i)the rental by the home owner of particular land in a residential park; and

(ii)the positioning on the land of a manufactured home; and

(iii)the home owner’s non-exclusive use of the park’s common areas and communal facilities; and

(b)includes provision about anything else required or permitted by this Act to be in the agreement.

Example for paragraph (b)—

provision about how site rent may be increased

14AWhat is a site agreement dispute

(1)A site agreement dispute is—

(a)a dispute between the parties to a site agreement about the parties’ rights and obligations under the agreement or this Act; or

(b)a dispute about whether a person is entitled to have a park owner enter into a site agreement with the person; or

(c)a dispute about whether a park owner is entitled to have a person enter into a site agreement with the park owner.

(2)However, neither of the following is a site agreement dispute—

(a)a dispute about whether a person is entitled to have a park owner enter into a site agreement with the person relating to a converted caravan;

(b)a dispute about whether a park owner is entitled to have a person enter into a site agreement with the park owner relating to a converted caravan.

s 14A ins 2010 No. 46s 8

15What this part is about

(1)This part states some of the basic responsibilities of park owners and home owners.

(2)Other parts of the Act deal with more specific rights and responsibilities.

(3)This part does not limit a park owner’s, or home owner’s, rights or responsibilities under this Act.

16Home owner’s responsibilities

A home owner under a site agreement has the following responsibilities—

(a)to use the site only as a place of residence;

(b)to use the residential park’s common areas only for a purpose associated with the home owner’s residential use of the site;

(c)not to use, or allow the home owner’s tenant or guests to use, the site or residential park’s common areas for an illegal purpose;

(d)to comply with the home owner’s obligations under section 105;

(e)to pay the site rent and other charges payable by the home owner under the agreement;

(f)not to intentionally or recklessly damage or destroy, or allow the home owner’s tenant or guests to intentionally or recklessly damage or destroy, the residential park’s communal facilities;

(g)to maintain the manufactured home positioned on the site in a reasonable state of cleanliness and repair, and fit to live in;

(h)otherwise, to comply with the agreement and the park rules for the residential park.

Note—

The responsibilities mentioned in this section are taken to be included as terms of the site agreement under section 19.

s 16 amd 2017 No. 42 s 13

17Park owner’s responsibilities

The park owner for a residential park has the following responsibilities in relation to a home owner—

(a)to take reasonable steps to ensure the home owner or the home owner’s tenant—

(i)always has access to the home owner’s site in the park; and

(ii)has reasonable access to the common areas;

(b)to maintain the common areas and communal facilities in a reasonable state of cleanliness and repair, and fit for use by the home owner or the home owner’s tenant;

(c)to ensure the times the park owner or park manager is available to be contacted by the home owner or the home owner’s tenant are reasonable, having regard to all the circumstances, including the utilities supplied by the park owner to the site;

(d)to the extent it is within the park owner’s control, to ensure the continuity of supply of a utility to the park and the site;

(e)to comply with the park owner’s obligations under section 104;

(f)otherwise, to comply with the site agreement for the site and the park rules.

Note—

The responsibilities mentioned in this section are taken to be included as terms of a site agreement under section 19.

s 17 amd 2017 No. 42 s 14

18Form and content of home owners information document

(1)A home owners information document, for a residential park, must be in the approved form.

(2)The approved form must provide for the inclusion of the following—

(a)the address and real property description of the park;

(b)the park owner’s name and business address;

(c)the park manager’s name and business address;

(d)details of the communal facilities;

(e)details of any authority issued under a law of the State necessary for the operation of the park;

(f)the basic responsibilities of park owners and home owners mentioned in part 3;

(g)the rights of a park owner or home owner to terminate a site agreement under part 6;

(h)how a home owner’s interest in a site agreement may be assigned under part 7;

(i)how site rent may be varied under part 11;

(j)how a site agreement dispute may be resolved under section 140;

(k)a recommendation that a person seek independent legal advice before—

(i)entering into a site agreement; or

(ii)agreeing to an assignment of a home owner’s interest in a site agreement to the person.

(3)In this section—

authority includes approval, consent, licence and permit.

19Terms of site agreement include responsibilities under Act etc.

The following are taken to be included as terms of a site agreement—

(a)the home owner’s responsibilities under section 16;

(b)the park owner’s responsibilities under section 17;

(c)the park rules for the residential park;

(d)the terms of any tribunal order in force about the agreement;

(e)other duties imposed on, or entitlements given to, the park owner or home owner under this Act.

20Standard terms

(1)A regulation may prescribe terms for inclusion in a site agreement.

(2)The terms prescribed for this section are the standard terms of a site agreement.

21Special terms

The special terms of a site agreement are the terms of the agreement that are not—

(a)standard terms; or

(b)terms taken to be included in the agreement under section 19.

22Variation of special term

(1)A special term of a site agreement may be varied at any time while the agreement is in force.

(2)A variation of a special term of a site agreement is void unless it is written and signed by the parties to the agreement.

(3)Subsection (4) applies if a party to a site agreement does not agree to a variation of a special term of the agreement proposed by the other party to the agreement.

(4)On application by the other party, the tribunal may make the order the tribunal considers appropriate about the proposed variation.

23Contracting out prohibited

(1)An agreement is void to the extent to which it purports to exclude, change or restrict the application or operation of a provision of this Act about the terms of a site agreement.

(2)A person must not enter into an agreement with the intention, directly or indirectly, of defeating the operation of this Act.

Maximum penalty—200 penalty units.

(3)In this section—

agreement includes arrangement.

defeating includes evading and preventing.

24Inconsistency

(1)If a provision of this Act is inconsistent with a special term of a site agreement, the provision prevails and the term is void to the extent of the inconsistency.

(2)If a standard term of a site agreement is inconsistent with a special term of the agreement, the standard term prevails and the special term is void to the extent of the inconsistency.

25Written agreement

(1)The park owner for a residential park must ensure a site agreement is written to the extent, and in the way, required by this section.

Maximum penalty—200 penalty units.

(2)The agreement must include the standard terms, and any special terms, of the agreement.

(3)If, for a standard term of a site agreement to be effective, the term requires stated information to be included in it, the agreement is taken to include the standard term only if the information is properly included.

Example of information—

the names of the parties and a description of the site

(4)The agreement must—

(a)be easily legible; and

(b)if it is produced by any mechanical or electronic means, for example, by a typewriter or computer—be in at least 12 point font; and

(c)be written in a precise way; and

(d)be clearly expressed in plain language; and

(e)precisely identify the site; and

(f)state each party’s name and address; and

(g)state a phone number, if any, of the home owner; and

(h)state a business hours contact phone number, for the park owner or, if a park manager has been appointed, the park manager; and

(i)state the following—

(i)the site rent and other charges payable under the agreement;

(ii)when the site rent and other charges are payable and how they must be paid;

(iii)how and when the site rent may be varied, including that, under the Act, the tribunal may—

(A)make an order increasing the site rent on application by the park owner; or

(B)make an order reducing the site rent on application by the home owner; and

Note—

Part 11 (Varying site rent) states the circumstances in which the orders may be made.

(j)state the maximum number of persons who may reside on the site the subject of the agreement; and

(k)be signed by the parties; and

(l)comply with any other requirement prescribed under a regulation.

(5)The park owner must pay the costs of preparing the agreement.

(6)Also, the park owner must keep a copy of the agreement until 1 year after the agreement is terminated.

Maximum penalty—20 penalty units.

(7)Nothing in this section affects the enforceability of a site agreement that is not written.

Note—

Section 151 deals with relevant agreements, under the repealed Act, in force immediately before the commencement of section 148 that are not in writing.

s 25 amd 2010 No. 46s 9

25AApplication to tribunal—plain language

(1)A home owner under a site agreement may apply to the tribunal to consider whether a special term of the site agreement is not clearly expressed in plain language.

(2)If the tribunal considers the term is not clearly expressed in plain language, it may do 1 or more of the following—

(a)make an order varying the terms of the site agreement in the way the tribunal considers appropriate;

(b)make an order prohibiting the park owner from using the same or a similar term in any other site agreement entered into after the order.

s 25A ins 2010 No. 46s 10

25BProhibited terms of site agreements and prohibited park rules

(1)A regulation may prohibit—

(a)a stated type of special term in a site agreement; or

(b)a stated type of park rule.

(2)A park owner must not include a special term in a site agreement that is prohibited from being in a site agreement under subsection (1).

Maximum penalty—100 penalty units.

(3)A park owner must not make a type of park rule that is prohibited under subsection (1).

Maximum penalty—100 penalty units.

(4)A park owner must not attempt to enforce—

(a)a special term in a site agreement that is prohibited from being in a site agreement under subsection (1); or

(b)a park rule of a type that is prohibited under subsection (1).

Maximum penalty—100 penalty units.

(5)A term of a site agreement is void to the extent it is or contains a term that is prohibited under subsection (1).

(6)A home owner may apply to the tribunal to consider whether part or all of a stated term of a site agreement is void under subsection (5).

(7)On application under subsection (6), the tribunal may do 1 of the following—

(a)declare that a stated term of the site agreement is void;

(b)declare that a stated term of the site agreement is not void;

(c)declare that a stated term of the site agreement is void to a stated extent;

(d)make an order varying a stated term of the site agreement.

s 25B ins 2010 No. 46s 10

26Duration of site agreement

A home owner’s right under a site agreement to position a manufactured home on a site continues until the agreement is terminated.

27Successor in title of park owner

A successor in title of the park owner under a site agreement obtains the benefits, and is subject to the obligations, of the park owner in relation to the agreement.

28Notice to be given by successor in title of park owner to home owner

A person must, within 14 days after becoming a successor in title of the park owner under a site agreement, give the home owner under the agreement a notice—

(a)stating the person’s name and business address; and

(b)directing the home owner to make all future payments of site rent payable under the agreement to the person.

Maximum penalty—10 penalty units.

29Park owner to give disclosure documents to prospective home owner

(1)The park owner for a residential park must simultaneously give a prospective home owner for a site—

(a)the following documents relating to the park (the disclosure documents)—

(i)the home owners information document for the park;

(ii)the park rules;

(iii)any proposal for a change in the park rules not finally dealt with under part 13, division 2; and

(b)2 copies of a proposed site agreement for the site.

(2)The park owner for a residential park who has not given a prospective home owner for a site the disclosure documents for the park must not enter into a site agreement, for the site, with the prospective home owner.

Maximum penalty for subsection (2)—200 penalty units.

30Obtaining independent legal advice about site agreement

The park owner for a residential park must not, at any time, restrict a person’s right to obtain independent legal advice about a site agreement.

Maximum penalty—100 penalty units.

31Home owner’s copy of site agreement

(1)This section applies if the park owner for a residential park—

(a)has received 2 copies of a proposed site agreement for a site, signed by a prospective home owner for the site; and

(b)has signed both copies.

(2)The park owner must, within 10 days after signing both copies, return a copy to the other party to the agreement.

Maximum penalty—100 penalty units.

32No other way of terminating site agreement

A site agreement may be terminated only under this part or part 8.

33Cooling-off period

(1)This section applies if—

(a)within 7 days after the park owner for a residential park gives a prospective home owner for a site the disclosure documents for the park, the park owner and prospective home owner enter into a site agreement for the site; or

(b)the park owner for a residential park does not give a prospective home owner for a site the disclosure documents for the park before the park owner and prospective home owner enter into a site agreement for the site.

(2)Within 28 days after the day the agreement is entered into, the home owner may give the park owner a signed notice stating the agreement is terminated.

(3)The notice must state the day, within 28 days after the notice is given, the termination is effective (the termination day).

(4)The home owner may terminate the agreement under subsection (2) even though—

(a)the home owner has affirmed the agreement; and

(b)the agreement has been fully executed.

(5)If the agreement is terminated under subsection (2), the home owner is not liable to pay any amount otherwise payable under the agreement by the home owner to the park owner.

(6)If the agreement is terminated under subsection (2), the park owner must, within 14 days after the termination day, refund any amount received under the agreement from the home owner.

Maximum penalty—100 penalty units.

(7)An amount payable to the home owner under subsection (6) is recoverable as a debt.

34Automatic ending of sale agreement

(1)This section applies in relation to a site agreement if—

(a)in conjunction with the agreement, the parties to the agreement enter into an agreement (the sale agreement) for the sale of a manufactured home positioned on the site; and

(b)the home owner terminates the site agreement under section 33.

(2)The sale agreement is taken to be at an end on the day the termination of the site agreement is effective.

(3)Also, on the ending of the sale agreement under subsection (2), ownership of the home reverts to the park owner.

(4)Subsections (2) and (3) apply even though—

(a)the home owner has affirmed the sale agreement; and

(b)the sale agreement has been fully executed.

(5)The park owner must, within 14 days after the ending of the sale agreement under subsection (2), pay the refundable amount as follows—

(a)first, if there is an amount owing to a person under a security interest registered for the home under the Personal Property Securities Act 2009 (Cwlth)—in payment of the amount owing under the security interest;

(b)second, in payment of any balance to the home owner.

Maximum penalty—100 penalty units.

(6)A term in the sale agreement is void to the extent it purports to exclude, change or restrict the operation of subsection (5).

(7)In this section—

refundable amount means the total of the following—

(a)the amount paid to the park owner, or at the park owner’s direction, under the sale agreement;

(b)the amount of any expenses reasonably incurred by the home owner arising out of or incidental to the sale agreement.

s 34 amd 2005 No. 14s 2 sch; 2010 No. 44s 118

35Compensation may be payable to home owner

(1)This section applies if—

(a)the home owner under a site agreement terminates the agreement under section 33; and

(b)the home owner removes the manufactured home positioned by the home owner on the site from the site and relocates it to another place.

(2)On application by the home owner, the tribunal may make an order (the compensation order) that the park owner pay the home owner an amount of compensation to cover the reasonable costs of removing the home from the site and relocating it to another place.

(3)The application must be made within 6 months after the termination of the agreement is effective.

(4)In making the compensation order, the tribunal may have regard to the following—

(a)the costs of removing the home from the site;

(b)the costs of transporting the home and the home owner’s personal effects to the other location;

(c)the costs of positioning the home at the other location;

(d)the costs of repairing any damage to the home arising from its removal and relocation;

(e)whether the home owner has taken all reasonable steps to mitigate the costs of removal and relocation.

(5)In making the compensation order, the tribunal may only make an allowance for the costs mentioned in subsection (4)(b)—

(a)if the distance of transport was less than 300km—relating to the actual distance of transport; or

(b)if the distance of transport was 300km or more—relating to a distance of transport of 300km.

(6)The compensation order must not be for an amount that is more than the market value of the home.

(7)In conjunction with the compensation order, the tribunal may make any other order the tribunal considers appropriate.

36Termination of site agreement by agreement between home owner and park owner

(1)The parties to a site agreement may agree, in the approved form, to terminate the site agreement.

(2)If a site agreement is terminated under subsection (1), the home owner must give the park owner vacant possession of the site on or before the day it is agreed by the parties the termination is effective.

(3)The park owner under a site agreement must not coerce, or attempt to coerce, the home owner to agree to terminate the agreement under subsection (1).

Maximum penalty—200 penalty units.

(4)A park owner must not—

(a)enter into a prohibited agreement; or

(b)vary a site agreement to include a term under which the parties to the site agreement agree to terminate the site agreement.

Maximum penalty—200 penalty units.

(5)A prohibited agreement is void.

(6)A variation of a site agreement as mentioned in subsection (4)(b) is void.

s 36 amd 2010 No. 46s 11

37Termination of site agreement by home owner

(1)The home owner under a site agreement may terminate the agreement by notice, in the approved form, given to the park owner.

(2)The notice must state the day, not later than 28 days after the notice is given, the agreement is terminated.

(3)The home owner must give the park owner vacant possession of the site on or before the stated day.

38Termination of site agreement by tribunal

(1)On application by the park owner under a site agreement, the tribunal may make an order (a termination order) terminating the agreement on any of the following grounds—

(a)the home owner—

(i)has contravened a term of the agreement; and

(ii)has failed to remedy the contravention after being given by the park owner a notice, in the approved form, requiring the home owner to remedy the contravention within 28 days after the notice is given;

(b)the home owner has assaulted a person who was lawfully in the residential park;

(c)the home owner has wilfully destroyed property, other than the home owner’s property, on the residential park or site;

(d)the home owner is using the site other than as a place of residence;

Example of the home owner using the site as a place of residence—

the home owner using the site as rental accommodation

(e)the home owner, or the home owner’s tenant or guest—

(i)repeatedly interferes, or has repeatedly interfered, with the quiet enjoyment of the residential park by the park’s residents; and

(ii)continues, or has continued, the behaviour mentioned in subparagraph (i) after the park owner gives the home owner a notice, in the approved form, requiring the home owner to stop the behaviour;

(f)the park owner wishes to use the residential park land, or a part of the park in which the site is located, for another purpose stated in the application (the stated purpose).

(2)An application for a termination order on the ground mentioned in subsection (1)(f) must be accompanied by a document certified by the local government for the local government area in which the residential park is situated stating it is lawful for the park land, or a part of the park in which the site is located, to be used for the stated purpose.

(3)In this section—

assault includes threaten to assault, procure someone else to assault and attempt to assault.

s 38 amd 2010 No. 46s 12

39Vacant possession of site to be given after making of termination order

(1)If a termination order is made relating to a site agreement, the order must—

(a)state the day (the termination day) the termination is effective; and

(b)require the home owner under the agreement to give the park owner vacant possession of the site on or before the termination day.

(2)Subsection (3) applies if a termination order is made on a ground mentioned in section 38(1)(f).

(3)When deciding the termination day under subsection (1), if the tribunal is satisfied it is just and equitable to do so having regard to the particular circumstances of the case, the tribunal may postpone the day the termination order would otherwise have effect to a stated day not later than 1 year after the day of the termination order.

Examples of particular circumstances—

•the home owner’s personal and financial circumstances, including the home owner’s health, age and mobility

•the availability and location of alternative accommodation at a similar cost

•the financial impact on the park owner, if any, of postponing the day the termination order would otherwise have effect

•any other financial or social considerations the tribunal considers appropriate

(4)If unforeseen circumstances prevent the home owner under the agreement giving the park owner vacant possession of the site on or before the termination day, the home owner may apply to the tribunal before the termination day for an order extending the time for giving the park owner vacant possession of the site.

(5)Subject to subsection (6)—

(a)the termination order is suspended until the application is decided; and

(b)the termination day is changed to the day decided by the tribunal on the hearing of the application.

(6)In deciding the application, the tribunal may—

(a)extend the time for the period (the extension period) the tribunal considers reasonable; and

(b)make any other order the tribunal considers appropriate.

(7)If the tribunal extends the time under subsection (6)(a), the termination day is taken to be the last day of the extension period.

s 39 amd 2010 No. 46s 13

40Compensation order

(1)This section applies if the tribunal intends making a termination order, in relation to a site agreement, on the ground mentioned in section 38(1)(f).

(2)The tribunal must, in conjunction with the order, make an order (the compensation order) that the park owner pay the home owner compensation for the termination of the agreement.

(3)If the home owner intends relocating the manufactured home to another location if the termination order is made, the tribunal may have regard to the following when making the compensation order—

(a)the estimated costs of removing the home from the site;

(b)the estimated costs of transporting the home and the home owner’s personal effects to the other location;

(c)the estimated costs of positioning the home at the other location;

(d)anything else the tribunal considers relevant.

(4)Subsection (5) applies if—

(a)the home owner intends disposing of the manufactured home if the termination order is made; or

(b)the manufactured home can not be removed from the site and positioned at another location.

(5)The tribunal may have regard to the following when making the compensation order—

(a)the estimated costs of removing the home from the site, including, for example, the costs of dismantling the home;

(b)the estimated costs of transporting the home owner’s personal effects to the home owner’s proposed place of residence;

(c)anything else the tribunal considers relevant.

(6)In making the compensation order, the tribunal may only make an allowance for the costs mentioned in subsection (3)(b) or (5)(b)—

(a)if the estimated distance of transport is less than 300km—relating to the actual distance of transport; or

(b)if the estimated distance of transport is 300km or more—relating to a distance of transport of 300km.

(7)The amount payable under the compensation order is recoverable as a debt.

s 40 amd 2010 No. 46 s 14

40AOther orders

(1)This section applies if the tribunal makes a termination order, in relation to a site agreement, on the ground mentioned in section 38(1)(f).

(2)With the consent of the home owner, the tribunal may order the park owner to make a comparable site within the park available to the home owner for the positioning of the manufactured home.

(3)However, the tribunal can not make an order under subsection (2) if the tribunal is satisfied there is no comparable site available.

(4)If the tribunal makes an order under subsection (2), the tribunal—

(a)must make an order varying the site agreement to identify the comparable site; and

(b)may make any other order, including an order varying the site agreement in another way, the tribunal considers appropriate in relation to the comparable site.

(5)Subsection (2) does not prevent a compensation order under section 40(2) being made in favour of the home owner.

s 40A ins 2010 No. 46s 15

41Apportioning payments on termination of site agreement

(1)If a site agreement is terminated under this division, the home owner is not liable to pay to the park owner a part of a payment payable under the agreement that relates to a period after the day the termination is effective.

(2)If a site agreement is terminated under this division, the park owner must, within 14 days after the termination is effective, refund to the home owner a part of any payment received under the agreement from the home owner that relates to a period after the day the termination is effective.

Maximum penalty—100 penalty units.

(3)An amount payable to the home owner under subsection (2) is recoverable as a debt.

42Application of pt 7

This part applies if the home owner for a site in a residential park (the seller) on which a manufactured home is positioned proposes—

(a)to sell the home to a person (the buyer); and

(b)to assign the seller’s interest in the site agreement for the site (the seller’s interest) to the buyer.

43Hinder proposed assignment

(1)The park owner under the agreement must not hinder the proposed assignment of the seller’s interest.

Maximum penalty—100 penalty units.

(2)The park owner does not contravene subsection (1) if, under this part, the park owner reasonably refuses to consent to a proposed assignment of the seller’s interest.

44Assignment to be written

The seller may only assign the seller’s interest by written agreement.

45Notice of proposed sale and assignment

(1)The seller must give the park owner notice, in the approved form, of the proposed assignment of the seller’s interest.

(2)Within 7 days after receiving the notice, the park owner must give the buyer the following documents—

(a)a copy of the site agreement;

(b)the disclosure documents for the residential park;

(c)written advice by the park owner of the amount of the site rent payable by the seller when the park owner received the notice.

Maximum penalty for subsection (2)—20 penalty units.

s 45 amd 2010 No. 46s 16

46Obtaining independent legal advice about assignment of seller’s interest

The park owner or seller must not restrict the buyer’s right to obtain independent legal advice about the assignment of the seller’s interest.

Maximum penalty—100 penalty units.

47Form of assignment

(1)The assignment of the seller’s interest must be in the approved form (the form of assignment).

(2)The seller and buyer must each sign 2 copies of the form of assignment.

48Park owner’s consent required

(1)The assignment of the seller’s interest is not effective unless the park owner has consented to the assignment.

(2)The park owner may give the consent only by signing both copies of the form of assignment.

49Consent to assignment of seller’s interest

(1)After the buyer and seller sign the form of assignment, the seller must give the park owner a written request for the park owner’s consent to the assignment.

(2)The request must be accompanied by 2 signed copies of the form of assignment.

(3)The park owner must not unreasonably refuse to consent to the assignment.

(4)If the park owner consents to the assignment, the park owner must—

(a)return 1 copy of the form of assignment to the seller; and

(b)keep the other copy of the form of assignment until 1 year after the site agreement is terminated.

Maximum penalty—20 penalty units.

(5)If the park owner refuses to consent to the assignment, the park owner must—

(a)return both copies of the form of assignment to the seller; and

(b)give the seller written notice—

(i)of the decision and the reasons for it; and

(ii)that the seller has the right to apply to the tribunal if the seller is dissatisfied with the refusal.

Maximum penalty—20 penalty units.

(6)If the park owner fails to make a decision about the request within 14 days after its receipt, the park owner is taken to have refused to consent to the assignment.

s 49 amd 2005 No. 14s 2 sch; 2010 No. 46s 17

50Application to tribunal for order that park owner consent to assignment

(1)This section applies if the park owner refuses, or is taken to have refused, to consent to the assignment of the seller’s interest.

Editor’s note—

See also section 155 (Unfinalised application for review of refusal to consent to assignment of seller’s interest in site agreement).

(2)The seller may apply to the tribunal for an order that the park owner consent to the assignment of the seller’s interests.

(3)The tribunal may make the order if it decides that the park owner unreasonably refused to consent to the assignment.

(4)If the tribunal makes the order, the park owner must, within 7 days after the order is made, sign both copies of the form of assignment and return them to the seller.

Maximum penalty—20 penalty units.

(5)If the park owner fails to comply with subsection (4), the park owner is taken to consent, at the end of the 7 days, to the assignment.

s 50 sub 2005 No. 14s 2 sch

amd 2009 No. 24s 658

51Seller to give particular documents to buyer

(1)This section applies if the park owner consents to the assignment of the seller’s interest.

(2)The seller must, as soon as practicable after receiving a copy of the form of assignment under section 49(4)(a), give the following documents to the buyer—

(a)the copy of the form of assignment;

(b)the seller’s copy of the site agreement.

Maximum penalty—5 penalty units.

52Abandonment order

(1)Subsection (3) applies if the park owner under a site agreement reasonably believes the home owner has abandoned the manufactured home positioned on the site.

(2)Subsection (3) also applies if the park owner under a terminated site agreement reasonably believes the home owner under the agreement has abandoned the manufactured home positioned on the site.

(3)On application by the park owner, the tribunal may make an order (the abandonment order) declaring that the home owner has abandoned the home and the day the home was abandoned.

(4)The following provisions have effect on the day stated in the abandonment order as the day the home was abandoned—

(a)the home owner is taken to have abandoned the home;

(b)unless the agreement is a terminated site agreement, the agreement is taken to have been terminated.

(5)In deciding whether to make the abandonment order, the tribunal may have regard to the following—

(a)whether site rent payable under the agreement is unpaid;

(b)whether the home is unoccupied and neglected;

(c)whether the agreement has already been terminated under part 6;

(d)whether the home owner’s mail is being collected;

(e)reports from neighbours of the home owner, or from other persons, about the whereabouts or absence of the home owner;

(f)whether utilities supplied to, or used at, the home have been disconnected;

(g)whether the home owner’s personal effects have been removed from the home;

(h)anything else the tribunal considers relevant.

(6)In conjunction with the abandonment order, the tribunal may do any of the following—

(a)by order (a sale order), authorise the park owner, in the way and on any conditions stated in the order, to sell the home or the home owner’s personal effects in the home or on the site;

(b)order the home owner to pay to the park owner any amount payable under the agreement up to the day the agreement is taken to have been terminated under subsection (4)(b) (the termination payment);

(c)make any other order the tribunal considers appropriate.

(7)An amount payable to the park owner under subsection (6)(b) is recoverable as a debt.

(8)The park owner must not sell the home to which the abandonment order relates, or the home owner’s personal effects in the home or on the site, unless the tribunal authorises the park owner to sell the home or personal effects under subsection (6)(a).

Maximum penalty—100 penalty units.

(9)In this section—

terminated site agreement means a site agreement terminated under part 6, division 3.

53Sale of home or personal effects

(1)This section applies if, under a sale order, a park owner is authorised to sell a manufactured home positioned on a site or a home owner’s personal effects.

(2)The park owner does not incur any liability for selling the home or personal effects, or removing the personal effects from the home or site, if the park owner acts honestly and without negligence.

(3)A person who buys the home or personal effects acquires a good title to the home or personal effects, and the interest of anyone else in the home or personal effect ends, unless the person buying the home or personal effects did not act honestly in the purchase.

(4)The park owner must not sell the home or personal effects to a prohibited person unless the tribunal authorises the sale under subsection (5).

Maximum penalty—100 penalty units.

(5)On application by the park owner, the tribunal may make an order authorising the park owner to sell the home or personal effects to a prohibited person on the conditions, if any, stated in the order.

(6)In this section—

associate, of the park owner, means an employee or relative of the park owner.

prohibited person means the park owner or an associate of the park owner.

relative, of the park owner, includes someone connected to the park owner by a spousal relationship or step-relationship.

54Proceeds of sale

(1)This section applies if, under a sale order, the park owner sells a manufactured home or a home owner’s personal effects.

(2)The proceeds of the sale must be applied as follows—

(a)first, in payment of the reasonable costs of selling the home, or removing, storing and selling the personal effects;

(b)second, if there is an amount owing to a person under a security interest registered for the home or personal effects under the Personal Property Securities Act 2009 (Cwlth)—in payment of the amount owing under the security interest;

(c)third, in payment to the park owner of the amount of any termination payment;

(d)fourth, in payment of any balance to the home owner or, if the home owner can not be located, to the public trustee within 10 days after the sale.

(3)The public trustee must pay an amount received under subsection (2)(d) into the unclaimed moneys fund (the fund) kept under the Public Trustee Act 1978.

s 54 amd 2010 No. 44s 119

55Payment of after-termination rent

(1)This section applies if—

(a)a site agreement is taken to have been terminated under section 52(4)(b); and

(b)under a sale order, the park owner sells the manufactured home positioned on the site or the home owner’s personal effects; and

(c)under section 54(3), the public trustee pays proceeds from the sale into the fund.

(2)On application to the tribunal by the park owner, the tribunal may make an order conferring on the park owner an entitlement to receive an amount paid into the fund under section 54(3), decided by the tribunal, on account of after-termination rent.

(3)On making the application, the park owner must demonstrate to the tribunal that the park owner—

(a)acted as soon as is reasonably practicable to sell the home or personal effects; and

(b)otherwise took all reasonable steps to mitigate the park owner’s loss of site rent that would have been payable under the agreement if it were still in force.

(4)In deciding whether to make the order, or if it decides to make the order, in deciding the amount the park owner is entitled to receive, the tribunal must take into account the extent to which the park owner has complied with subsection (3).

(5)In this section—

after-termination rent means the total of site rent that would have been payable under the agreement, if it were still in force, from the day the agreement is taken to have been terminated under section 52(4)(b) until the day the home or personal effects are sold.

56Right to sell

The home owner under a site agreement has the right to sell the manufactured home positioned on the site.

57Placement of ‘for sale’ sign on site

(1)This section applies if—

(a)the home owner under a site agreement intends to offer the manufactured home positioned on the site for sale; and

(b)the agreement provides for the placement of a ‘for sale’ sign, in relation to the home, on the site.

(2)The home owner must give the park owner notice of the intention to offer the home for sale before placing the sign on the site.

(3)If the home owner gives a notice to the park owner under subsection (2), the park owner must not restrict the placement of the sign on the site, as allowed under the agreement.

Maximum penalty for subsection (3)—20 penalty units.

58Park owner not to interfere with sale

(1)The park owner for a residential park must not hinder the sale by a home owner of the home owner’s manufactured home positioned on a site.

Maximum penalty—200 penalty units.

(2)Without limiting subsection (1), the park owner is taken to hinder the sale if the park owner stops potential buyers from inspecting the home.

(3)The park owner does not contravene subsection (1) if, under part 7, the park owner reasonably refuses to consent to a proposed assignment of the home owner’s interest in the site agreement for the site.

59Definition for div 2

In this division—

fee includes commission or other reward.

60Appointing park owner under selling authority

The home owner under a site agreement may by signed notice (a selling authority), in the approved form, appoint the park owner as the home owner’s agent to sell, or to negotiate the sale of, the manufactured home positioned on the site.

61Maximum fee under selling authority

The park owner for a residential park must not, under a selling authority, charge a home owner a fee for the agency that is more than the amount, if any, prescribed under a regulation.

Maximum penalty—100 penalty units.

62Unauthorised selling fee prohibited

The park owner for a residential park must not charge a home owner a fee in relation to the sale of the manufactured home positioned on the home owner’s site in the park unless—

(a)the charge is made under a selling authority; and

(b)the park owner is the effective cause of the sale.

Maximum penalty—100 penalty units.

63How site rent to be paid

(1)The home owner under a site agreement must pay the site rent payable under the agreement in an approved way.

(2)If the agreement states an approved way for payment of the site rent, the home owner must pay the site rent in the way stated.

(3)However, if after signing the agreement—

(a)the park owner or home owner gives to the other party a notice stating an approved way, or a different approved way, as the way the site rent is required, or is proposed, to be paid; and

(b)the other party agrees in writing (the site rent agreement) to payments of site rent being made in the way stated;

the home owner must pay the site rent in the way stated while the site rent agreement remains in force.

(4)Site rent is paid in an approved way if it is paid in any of the following ways—

(a)cash;

(b)cheque;

(c)deposit to a financial institution account nominated by the park owner under the agreement;

(d)credit card;

(e)an EFTPOS system;

(f)deduction from pay, or a pension or other benefit, payable to the home owner;

(g)another way agreed on by the park owner and home owner.

64Where site rent to be paid

(1)If a site agreement states the place for payment of the site rent payable under the agreement, the home owner must pay the site rent at the place stated.

(2)However, if, after signing the agreement, the park owner gives the home owner a notice stating a place, or a different place, for the payment of the site rent and the place is reasonable, the home owner must pay the site rent at the place stated in the notice while the notice is in force.

(3)If the place for payment of the site rent is not stated in the agreement, the home owner must pay the site rent at an appropriate place.

Example of an appropriate place—

the park owner’s office in the residential park

65Receipts and other records

(1)If site rent is paid in cash, the person receiving the payment must give the person making the payment a receipt for the payment as required under this section.

Maximum penalty—10 penalty units.

(2)If site rent is paid by cheque and the person making the payment asks for a receipt when making the payment, the person receiving the payment must give the person making the payment a receipt for the payment as required under this section.

Maximum penalty—10 penalty units.

(3)The receipt must be signed by the person receiving the payment.

(4)The receipt must be given to the person making the payment—

(a)for a payment made personally and in cash—when the payment is made; or

(b)for a payment made in cash but not personally—before the next business day after the day the payment is received; or

(c)for a payment made by cheque—within 3 business days after the day the payment is received.

(5)The park owner for a residential park must, for a payment of site rent by a home owner—

(a)make an electronic or written record of the payment (the site rent payment record); and

(b)if asked by the home owner, give a copy of the site rent payment record to the home owner within 7 days after the request is made.

Maximum penalty—10 penalty units.

(6)However, the site rent payment record is not required to be made if—

(a)the site rent payment is made in cash; or

(b)the site rent payment is made by cheque and a receipt is given for the payment.

(7)A receipt given for, or a site rent payment record made of, a payment of site rent must state the following—

(a)the name of the home owner for the site for which the payment is made;

(b)sufficient particulars to identify the site;

(c)the date the payment is received;

(d)the period for which the payment is made;

(e)the amount of the payment;

(f)that the payment is a payment of site rent.

66Keeping records

(1)The park owner for a residential park must, for each payment of site rent under a site agreement for which a receipt has been given—

(a)make a copy of the receipt or make another appropriate written record of the payment; and

(b)keep the copy or other record until the earlier of the following—

(i)the day that is 7 years after the receipt is given;

(ii)the first anniversary of the end of the agreement.

Maximum penalty—20 penalty units.

(2)The park owner for a residential park must, for each payment of site rent under a site agreement for which a site rent payment record has been made, keep the record until the earlier of the following—

(a)the day that is 7 years after the record is made;

(b)the first anniversary of the end of the agreement.

Maximum penalty—20 penalty units.

67False, misleading or incomplete site rent record

(1)A person must not—

(a)make an entry in a site rent record the person knows is false or misleading in a material particular; or

(b)fail to enter a material particular in a site rent record unless the person does not know, and can not reasonably obtain, the necessary information.

Maximum penalty—20 penalty units.

(2)In this section—

site rent record means a receipt given for, or a site rent payment record or another record made of, a payment of site rent under a site agreement.

68Ways of varying site rent

The site rent payable under a site agreement may only be varied in the ways stated in this part.

69Notice of increase in site rent

(1)This section applies if a site agreement—

(a)provides for an increase in the site rent payable under the agreement; and

(b)states how the amount of the increase is to be calculated.

(2)If the park owner wishes to increase the site rent under this section, the park owner must give the home owner a notice stating the following—

(a)the amount of the increased site rent;

(b)how the increased site rent has been calculated;

(c)the day the increased site rent is first payable (the increase day).

(3)The park owner must also state in the notice that if the home owner considers the increase is excessive, the home owner may apply to the tribunal, within 28 days after receiving the notice, for an order reducing the amount of, or setting aside, the increase.

Maximum penalty—100 penalty units.

(4)The increase day must not be earlier than 28 days after the notice is given.

(5)The increased site rent is payable from the increase day.

s 69 amd 2010 No. 46s 18

70Home owner may apply to tribunal for order about site rent increase

(1)This section applies if—

(a)the park owner for a residential park gives a home owner notice, under section 69, of an increase in the site rent payable under the site agreement between the parties; and

(b)the home owner considers the increase is excessive.

(2)On application by the home owner made within 28 days after receiving the notice, the tribunal may make any of the following orders—

(a)an order reducing the amount of the increase by a stated amount;

(b)an order setting aside the increase;

(c)an order confirming the increase on the conditions, if any, the tribunal considers appropriate;

(d)another order the tribunal considers appropriate.

(3)In deciding the application, the tribunal may have regard to the following—

(a)the range of site rents usually charged for comparable sites in comparable residential parks in the locality of the park;

(b)if it is impractical to obtain data for the range of site rents mentioned in paragraph (a), data is not available for that range or it is just and equitable to do so in the particular circumstances—the range of site rents usually charged for comparable sites in comparable residential parks in comparable localities to the locality the park is in;

(c)if it is impractical to obtain data for the range of site rents mentioned in paragraph (a) or (b), data is not available for that range or it is just and equitable to do so in the particular circumstances—general trends in rent for residential accommodation in the locality the park is in;

(d)the increased site rent compared to the previous site rent;

(e)the frequency, and amount, of past increases in the site rent payable under the agreement;

(f)any increase in the CPI number during the previous site rent period;

(g)the amenity or standard of the common areas and communal facilities;

(h)any withdrawal of a communal facility or service previously provided at the park;

(i)any addition of a communal facility or service not previously provided at the park;

(j)any increase in the park owner’s operating costs for the park during the previous site rent period;

(k)whether the increase is fair and equitable in all the circumstances of the case;

(l)anything else the tribunal considers relevant.

(4)If, in deciding the application, the tribunal makes an order mentioned in subsection (2)(a) or (b), the park owner must refund to the home owner any overpayment of the site rent since when the increased site rent has been paid.

Maximum penalty—10 penalty units.

(5)An amount payable to the home owner under subsection (4) is recoverable as a debt.

(6)In this section—

CPI means the all groups consumer price index for Brisbane published by the Australian statistician.

previous site rent means the site rent payable under the agreement before the increase.

previous site rent period means the period commencing on the first day the previous site rent was payable and ending on the day the tribunal decides the application.

s 70 amd 2010 No. 46s 19

71Notice of proposed increase in site rent

(1)This section applies if—

(a)the park owner for a residential park wishes to increase the site rent payable under a site agreement; and

(b)section 69 does not apply to the proposed increase; and

(c)the proposed increase in site rent is necessary for the park owner to cover—

(i)significant increased operational costs in relation to the park, including significant increases in rates, taxes or utility costs for the park; or

(ii)unforeseen significant repair costs in relation to the park; or

(iii)significant facility upgrades in relation to the park.

(2)However, the proposed increase in site rent can not be based on a market review of site rent.

(3)The park owner must give the home owner for the site a notice stating the following—

(a)the amount of the proposed increased site rent;

(b)the basis for the proposed increase;

(c)the day the proposed increased site rent is first payable (the increase day);

(d)the home owner must, within 28 days after receiving the notice, give the park owner a written response indicating whether or not the home owner agrees to the proposed increase.

(4)The increase day must not be earlier than 2 months after the notice is given.

(5)The home owner must within 28 days after receiving the notice give the park owner a written response indicating whether or not the home owner agrees to the proposed increase.

(6)If the response indicates the home owner agrees to the proposed increase, the proposed increased site rent is first payable on the increase day.

(7)If the home owner does not give a written response under subsection (5) within the 28 days, the home owner is taken to have not agreed to the proposed increase.

(8)If the park owner and home owner do not agree on the proposed increase within the 28 days, the park owner may apply to the tribunal for an order about the proposed increase.

(9)In deciding the application, the tribunal may have regard to the matters mentioned in section 70(3)(d) to (l).

(10)Also, in deciding the application, the tribunal may make any of the following orders—

(a)an order reducing the amount of the proposed increase by a stated amount;

(b)an order setting aside the proposed increase;

(c)an order confirming the proposed increase on the conditions, if any, the tribunal considers appropriate;

(d)another order the tribunal considers appropriate.

(11)If the tribunal makes an order mentioned in subsection (10)(a) or (c), the order must also state the day from which the increased rent is first payable.

s 71 amd 2010 No. 46s 20

72Site rent reduction on application to tribunal by home owner

(1)On application by the home owner under a site agreement, the tribunal may make an order that the site rent payable under the agreement be reduced by an amount the tribunal considers appropriate if it is satisfied—

(a)the amenity or standard of the residential park’s common areas and communal facilities has decreased substantially since the agreement was entered into; or

(b)a communal facility or service provided at the park when the agreement was entered into has been withdrawn; or

(c)a communal facility or service as follows has not been provided at the park—

(i)a communal facility or service described in advertising, done by or for the park owner, of which the home owner was aware before the site agreement was entered into;

(ii)a communal facility or service described in a document made available to the home owner by the park owner before the site agreement was entered into.

(2)The tribunal may consider any of the following documents for subsection (1)—

(a)the site agreement;

(b)the home owner’s information document for the residential park;

(c)any relevant advertising made available to the home owner by the park owner before the site agreement was entered into;

(d)any other document the tribunal considers is relevant.

s 72 amd 2010 No. 46s 21

73Utility cost in site rent

(1)This section applies if—

(a)the use by the home owner under a site agreement of a utility at the site is not separately measured or metered; and

(b)either of the following events (a change event) happens—

(i)the home owner’s use of the utility becomes separately measured or metered and the cost of the use becomes payable by the home owner;

(ii)the utility stops being available for use by the home owner for any reason other than the default or neglect of the home owner.

(2)The park owner must within 14 days after the change event happens give the home owner a notice (a utility cost notice) stating the following—

(a)the utility cost factored into the site rent payable under the agreement and how the utility cost has been worked out;

(b)the date the change event happened;

(c)the site rent payable from that date;

(d)if the home owner disputes the utility cost, the home owner may apply to the tribunal, within 28 days of receiving the notice for—

(i)an order reducing the site rent payable from the change of event day by the amount the tribunal considers appropriate; or

(ii)another order the tribunal considers appropriate.

Maximum penalty—10 penalty units.

(3)The site rent payable from the day the change event happens (the change event day) is the site rent payable immediately before the change event day, reduced by the utility cost stated in the utility cost notice.

(4)Any overpayment of site rent, relating to the utility cost, from the change event day must be refunded by the park owner to the home owner within 14 days after the home owner received the utility cost notice.

Maximum penalty—10 penalty units.

(5)An amount payable to the home owner under subsection (4) is recoverable as a debt.

s 73 amd 2010 No. 46s 22

74Tribunal review of utility cost and reduction in site rent

(1)This section applies if—

(a)the park owner under a site agreement contravenes section 73(2); or

(b)the home owner under a site agreement who receives a utility cost notice under section 73(2) disputes the utility cost stated in the notice.

(2)The home owner under the site agreement mentioned in subsection (1)(a) may apply to the tribunal for an order under subsection (4).

(3)The home owner mentioned in subsection (1)(b) may apply to the tribunal, within 28 days after receiving the notice, for an order under subsection (4).

(4)On application by the home owner, the tribunal may make any of the following orders—

(a)an order reducing the site rent payable under the agreement, from the change event day, by the amount the tribunal considers appropriate;

(b)another order the tribunal considers appropriate.

Example for subsection (4)(b)—

an order that the park owner refund to the home owner any overpaid site rent from the change event day

(5)In making an order under subsection (4), the tribunal may have regard to the following—

(a)relevant available information about the costs of supplying utilities in the local government area in which the residential park is situated;

(b)any terms of the agreement about utility costs;

(c)the number of persons occupying the manufactured home positioned on the site;

(d)anything else the tribunal considers relevant.

s 74 amd 2010 No. 46s 23

div 5 (s 74A) ins 2010 No. 46s 24

74APark owner not to threaten, intimidate or coerce home owner

The park owner under a site agreement must not threaten, intimidate or coerce, or attempt to threaten, intimidate or coerce, the home owner to—

(a)agree to an increase in the site rent; or

(b)refrain from seeking a review, under this part, of the site rent.

Maximum penalty—200 penalty units.

div 5 (s 74A) ins 2010 No. 46s 24

75Park owner may appoint park manager

(1)The park owner for a residential park may appoint a person as the park manager, with responsibility for the day-to-day management of the park.

(2)The park owner must as soon as practicable after an appointment under subsection (1) give to each home owner notice of the park manager’s appointment and the name and business address of the appointee.

(3)An appointment of a person as the park manager may be revoked at any time by the park owner.

(4)If the park owner revokes an appointment under subsection (3), the park owner must as soon as practicable after revoking the appointment give notice of the revocation to each home owner.

76Service of documents

(1)If this Act requires a document to be given to a park owner for a residential park, the document may be given instead to the park manager.

(2)A document given to the park manager under subsection (1) is taken to have been given to the park owner.

77Park owner may make park rules

(1)The park owner for a residential park for which site agreements are in force may make rules about the use, enjoyment, control and management of the park.

(2)However, rules may be made only about—

(a)the use and operation of the communal facilities; and

(b)the making and abatement of noise; and

(c)the carrying on of sporting and other recreational activities; and

(d)the speed limits for motor vehicles; and

(e)the parking of motor vehicles; and

(f)the disposal of refuse; and

(g)the keeping of pets; and

(h)other things prescribed under a regulation.

78Notice of proposed change of park rule

(1)If the park owner for a residential park for which site agreements are in force proposes to change a park rule, the park owner must—

(a)fix a day (the objection closing day) by which a home owner may object to the proposed change (the proposal); and

(b)give notice of the proposal to—

(i)each home owner at least 28 days before the objection closing day; and

(ii)each person who becomes a home owner before the objection closing day, as soon as practicable after the person becomes a home owner.

(2)The notice must also inform the home owner—

(a)that the home owner may object to the proposal before the objection closing day; and

(b)how the objection may be made.

79Objection to proposal

(1)A home owner for the residential park who considers the proposal, or any part of it, is unreasonable may object to the proposal by notice given to the park owner before the objection closing day.

(2)The objection must give particulars of why the proposal is considered to be unreasonable.

80Park liaison committee

(1)This section applies only if objections to the proposal are made before the objection closing day by—

(a)at least 5 home owners; or

(b)if the residential park has less than 10 sites—a majority of the home owners.

(2)As soon as practicable after the objection closing day, the home owners who have objected (the objectors) and the park owner must set up a committee (the park liaison committee) to consider the objections.

(3)The park liaison committee is to consist of the following members—

(a)a person chosen by the objectors;

(b)the park owner or the park owner’s nominee;

(c)someone else agreed on by the members mentioned in paragraphs (a) and (b).

(4)The member mentioned in subsection (3)(a) may be an objector.

(5)A quorum for the park liaison committee is formed by the 3 members mentioned in subsection (3).

(6)If the members mentioned in subsection (3)(a) and (b) fail within 7 days after the objection closing day to agree on who is to be the member mentioned in subsection (3)(c), the park owner must give notice of the failure to each objector (a non-resolution notice).

81Consideration of objections by park liaison committee

(1)The park liaison committee must consider all objections made under section 79 about the proposal and decide whether the proposal is reasonable or unreasonable.

(2)If the park liaison committee decides the proposal is unreasonable, it must also change the proposal in a way the park liaison committee considers appropriate to make it reasonable.

(3)The park liaison committee must give notice of its decisions under this section to—

(a)each home owner for the residential park; and

(b)if the park owner is not a member of the park liaison committee—the park owner.

82Application to tribunal about proposal

(1)This section applies if—

(a)a non-resolution notice is given to each objector; or

(b)the park owner, or a home owner for the residential park, is dissatisfied with a decision of the park liaison committee under section 81.

(2)The park owner or home owner may apply to the tribunal for an order declaring the proposal to be reasonable or unreasonable.

(3)The application must—

(a)be made within 7 days after receiving the non-resolution notice or notice of the decision; and

(b)give particulars of why the proposal is considered to be reasonable or unreasonable.

(4)A single application may be made by more than 1 home owner if it is made by—

(a)at least 5 home owners; or

(b)if the park has less than 10 sites—a majority of the home owners.

(5)In subsection (2), a reference to the proposal includes the proposal as decided to be changed by the park liaison committee under section 81(2).

83Decision of tribunal about proposal

(1)In deciding an application made to the tribunal under section 82, the tribunal may—

(a)declare the proposal to be reasonable; or

(b)declare the proposal to be unreasonable; or

(c)change the proposal in a way the tribunal considers appropriate to make it reasonable; or

(d)make any other order the tribunal considers appropriate.

(2)For deciding the application, the tribunal may have regard to the following—

(a)the residential park’s location;

(b)the park’s internal layout;

(c)the amenities, improvements, facilities and other physical features of the park;

(d)the number of home owners for the park and their needs;

(e)the levels of site rent and other charges payable, under site agreements, by the home owners.

(3)Subsection (2) does not limit the matters to which the tribunal may have regard.

84When proposal takes effect

(1)This section sets out the way of working out when a proposal takes effect.

(2)If no objections are made to the proposal or the number of objections made to the proposal is not enough to require the setting up of a park liaison committee, the proposal takes effect—

(a)at the end of the objection closing day for the proposal; or

(b)if a later day is stated in the proposal—on the later day.

(3)If non-resolution notices about the proposal are given to the objectors and no application under section 82 is made to the tribunal about the proposal, the proposal takes effect—

(a)at the end of the last day for making an application under section 82 to the tribunal about the proposal; or

(b)if a later day is stated in the proposal—on the later day.

(4)If—

(a)a decision is made by a park liaison committee—

(i)declaring the proposal to be reasonable; or

(ii)changing the proposal in a way the park liaison committee considers appropriate to make it reasonable; and

(b)no application under section 82 is made to the tribunal about the proposal;

the proposal, or the proposal as changed, takes effect on the day decided by the park liaison committee.

(5)If the tribunal decides the proposal is reasonable or changes the proposal in a way the tribunal considers appropriate to make it reasonable, the proposal takes effect on the day decided by the tribunal.

85When change of park rule has no effect

(1)A change of a park rule for a residential park has no effect if—

(a)it is made otherwise than under this division; or

(b)a park liaison committee or the tribunal, in considering a proposal about the change, declares it to be unreasonable.

(2)However, subsection (1)(b) does not apply to a decision of the park liaison committee if the tribunal later—

(a)declares the proposal to be reasonable; or

(b)changes the proposal in a way the tribunal considers appropriate to make it reasonable.

86Quiet enjoyment

(1)The park owner for a residential park must take reasonable steps to ensure a home owner has quiet enjoyment of the home owner’s site in the park and the common areas.

(2)The park owner, or park manager, for a residential park must not interfere with the reasonable peace, comfort or privacy of a home owner in using the home owner’s site in the park or the common areas.

Maximum penalty for subsection (2)—20 penalty units.

87Emergency access to residential park

(1)The park owner for a residential park for which site agreements are in force must ensure that an emergency vehicle has ready access to the park in an emergency, unless the park owner has a reasonable excuse.

Maximum penalty—20 penalty units.

(2)In this section—

emergency vehicle means a motor vehicle driven by a person who is—

(a)an emergency worker; and

(b)driving the vehicle while performing duties as an emergency worker.

emergency worker means—

(a)an ambulance officer of the Queensland Ambulance Service or a corresponding service of another State; or

(b)a fire officer of the Queensland Fire and Rescue Service or a corresponding service of another State; or

(c)a Queensland police officer or a member of a police force or service of the Commonwealth or another State.

88Right of home owner to participate in home owners’ organisation

The park owner for a residential park must not unreasonably interfere with the exercise of the right of a home owner to participate in an organisation established to represent the interests of the home owner or home owners generally.

Maximum penalty—20 penalty units.

89Notice board

(1)The park owner for a residential park for which site agreements are in force must maintain a notice board in a prominent position within the common areas.

Maximum penalty—10 penalty units.

(2)The park owner for a residential park must not unreasonably interfere with the rights of a home owner—

(a)to read the park’s notice board; and

(b)to place a notice, or other material, relevant to the park on the park’s notice board.

Maximum penalty—5 penalty units.

(3)A regulation may prescribe a type of information that the park owner must make all reasonable attempts to display on the notice board during a prescribed period.

(4)The park owner must make all reasonable attempts to display the type of information prescribed under subsection (3) on the notice board during the period.

Maximum penalty—5 penalty units.

(5)In this section—

notice board means a notice board for the display of notices and other material of interest to the home owners.

s 89 amd 2010 No. 46s 25

90Maintenance of trees

(1)The park owner for a residential park for which site agreements are in force must ensure trees in the common areas are maintained so as not to pose a danger to any person or property.

(2)However, the park owner is not required to take any action under subsection (1) that is unlawful.

(3)The tribunal may, on the application of a home owner, make an order requiring the park owner to comply with subsection (1) in a stated way.

91Mail facilities

The park owner for a residential park must establish and maintain at the park reasonable, accessible mail facilities for the home owners.

91ANotice of change of business hours contact telephone number

If a business hours contact telephone number for the park owner, or the park manager, stated in the site agreement under section 25(4)(h) changes, the park owner must give the home owner written notice of the change within 7 days after the change.

Maximum penalty—10 penalty units.

s 91A ins 2010 No. 46s 26

92Separate measurement or metering of supply of utility

(1)This section applies if—

(a)the use by the home owner under a site agreement of a utility at the site is not separately measured or metered; and

(b)the park owner wishes to separately measure or meter the use of the utility at the site.

(2)The park owner must pay the cost of installing a measuring device or meter to measure the use of the utility at the site.

Maximum penalty—100 penalty units.

93Repositioning of manufactured home

(1)This section applies if—

(a)there is a site agreement in force for a site (the original site); and

(b)a manufactured home is positioned on the original site; and

(c)under the agreement, the park owner may require the home owner to reposition the home to another site in the residential park.

(2)The park owner may require the home owner to reposition the home to another site in the park only if—

(a)the other site is broadly comparable to the original site; and

(b)the park owner gives the home owner a written undertaking to pay all the expenses involved in repositioning the home.

(3)The undertaking may be enforced by the home owner in a court of competent jurisdiction as if it were a deed.

94Access by park owner to site

(1)This section applies if—

(a)there is a site agreement in force for a site; and

(b)a manufactured home is positioned on the site.

(2)Subject to subsection (3), the park owner or the park manager for the residential park must not enter the site other than in the following circumstances—

(a)if the home owner consents to the entry;

(b)in an emergency;

(c)if the park owner arranges for the supply of electricity, gas or water to the site—to read a meter situated on the site recording the quantity of electricity, gas or water supplied during a period;

(d)to carry out an inspection, or maintenance, of the site, after giving the home owner at least 2 days notice of the proposed entry;

(e)to show the site to a prospective home owner for the site, after giving the home owner at least 1 day’s notice of the inspection;

(f)if the park owner or park manager reasonably believes the home has been abandoned;

(g)under an order of the tribunal permitting entry to the site for a stated purpose.

Maximum penalty—10 penalty units.

(3)Entry to the site in the circumstances mentioned in subsection (2)(c), (d) or (e) must not happen on a Sunday or public holiday, or outside the hours from 8a.m. to 8p.m., without the written consent of the home owner.

(4)The tribunal may, on application made by the park owner or park manager, make an order permitting the park owner or park manager to enter the site for a stated purpose.

95Fraudulent or misleading conduct

The park owner for a residential park for which site agreements are in force must not engage in conduct that is fraudulent or misleading in the operation of the park or in acting as a home owner’s agent to sell, or to negotiate the sale of, a manufactured home.

Example—

A park owner must not in advertising or in precontractual negotiations—

(a)indicate that the site rent will only ever increase in accordance with increases in the consumer price index; or

(b)indicate that the site agreement can only be terminated by the home owner.

Maximum penalty—200 penalty units.

s 95 amd 2010 No. 46s 27

96Harassment or unconscionable conduct

The park owner for a residential park for which site agreements are in force must not engage in harassment or unconscionable conduct in the operation of the park or in acting as a home owner’s agent to sell, or to negotiate the sale of, a manufactured home.

Examples of harassment—

•using, or getting a third party to use, threatening or intimidating language or behaviour towards a home owner or prospective home owner for a site

•engaging in conduct that would make a person feel unwillingly compelled to comply with the park owner’s request or demand

Examples of unconscionable conduct—

•taking unfair advantage of the park owner’s superior bargaining position relative to a home owner or prospective home owner for a site

•requiring a home owner or prospective home owner for a site to comply with conditions that are not reasonably necessary for the protection of the park owner’s legitimate interests

•if it is reasonably apparent that a home owner or prospective home owner for a site can not understand relevant documents, taking unfair advantage of the home owner’s, or prospective home owner’s, lack of understanding in relation to the documents

•exerting undue influence or pressure on, or using unfair tactics against, a home owner, prospective home owner for a site, or a person acting for a home owner or prospective home owner for a site

Maximum penalty—200 penalty units.

s 96 amd 2010 No. 46s 28

97Letting of site by home owner

(1)This section applies if a manufactured home is positioned on a site the subject of a site agreement.

(2)The home owner must not rent the site to a person on a temporary basis unless this is allowed under the agreement.

(3)If the home owner rents the site to a person on a temporary basis under subsection (2), the home owner must as soon as practicable after the letting give the park owner notice of the letting.

(4)The notice must state—

(a)the name of the tenant; and

(b)the period of the tenancy.

98Alteration or addition to manufactured home

(1)This section applies if a manufactured home is positioned on a site the subject of a site agreement.

(2)The home owner must not make any alteration to the home that is visible from the outside of the home, or make any addition to the home, unless the park owner gives written consent to the proposed alteration or addition.

(3)The park owner must not unreasonably refuse to give the consent.

(4)The tribunal may, on application made by the home owner, require the park owner to consent to the proposed alteration or addition if the tribunal considers the consent has been unreasonably refused.

(5)However, the tribunal may not make an order under subsection (4) if effecting the proposed alteration or addition would contravene a law of the State.

99Separate payment by home owner for use of utility at site

(1)This section applies if, under a site agreement, the home owner is required to pay the park owner for the use by the home owner of a utility at the site.

(2)The home owner may be required to pay for the use only if the use is separately measured or metered.

99ASeparate charge by park owner not to be more than cost of supply for use of utility

(1)This section applies if—

(a)under a site agreement, the home owner is required to pay the park owner for the use by the home owner of a utility at the site; and

(b)the use is separately measured or metered.

(2)The park owner must not charge the home owner an amount for the use of a utility that is more than the amount charged by the relevant supply authority for the quantity of the service supplied to, or used at, the site.

Maximum penalty—20 penalty units.

s 99A ins 2010 No. 46s 29

100Establishment of committee

(1)The home owners for a residential park may establish, by election conducted among themselves, a home owners committee.

(2)Only 1 home owners committee may be established for a residential park.

(3)A member of the committee—

(a)holds office for not more than 1 year, but may be re-elected; and

(b)may be removed, at any time, by special resolution at a meeting of the home owners.

(4)The committee may, subject to any constitution adopted under section 101 for the committee—

(a)decide its own procedures; and

(b)form subcommittees and decide each subcommittee’s procedures.

(5)The park owner may, if invited by the committee, attend a meeting of the committee.

s 100 amd 2010 No. 46s 30

101Home owners constitution

(1)If a home owners committee is established under section 100 for a residential park, a majority of the home owners may adopt a constitution governing the performance by the committee of its function under section 102.

(2)The constitution—

(a)must not be inconsistent with this Act; and

(b)must provide for any matter prescribed under a regulation.

(3)The committee must comply with the constitution.

(4)The constitution may be amended by special resolution at a meeting of the home owners.

102Committee’s function

The function of a home owners committee for a residential park is to deal with the park owner on behalf of the home owners about—

(a)the day-to-day running of the park; and

(b)any complaint or proposal about the operation of the park raised by the home owners.

103Park owner to respond to complaint or proposal

If a home owners committee for a residential park gives the park owner a notice detailing a complaint or proposal mentioned in section 102(b), the park owner must within 21 days after receiving the notice give the committee a written response addressing the complaint or proposal.

Maximum penalty—20 penalty units.

pt hdg prev pt 16 hdg om 2014 No. 8 s 134

pres pt 16 hdg ins 2017 No. 42 s 53

104Park owner to respect rights of home owners and other residents

(1)The park owner for a residential park must respect the rights of home owners and other residents of the park.

(2)Without limiting subsection (1), the park owner—

(a)must not unreasonably interfere with, or allow interference with, the reasonable peace, comfort or privacy of a home owner or other resident; and

(b)must take reasonable steps to ensure a home owner or other resident, or the guest of a home owner or other resident, does not interfere with the reasonable peace, comfort or privacy of another home owner or resident; and

(c)must use the park owner’s best endeavours to ensure each home owner or other resident lives in an environment free from harassment and intimidation; and

(d)must not unreasonably restrict the right of a home owner or other resident to autonomy over their personal, financial or other matters or possessions; and

(e)must not unreasonably restrict a home owner or other resident from exercising self-reliance in matters relating to their personal, domestic or financial affairs; and

(f)must, within 21 days after receiving relevant correspondence from the home owner or other resident, or a representative of a home owner or other resident (each a correspondent), give the correspondent a complete response to the relevant correspondence.

(3)However, if under subsection (2)(f), the park owner gives a correspondent a complete response to relevant correspondence (the previous response), the park owner is not required to give the correspondent another complete response addressing the same, or substantially the same, complaint, proposal or question addressed in the previous response.

(4)In this section—

complete response, to relevant correspondence, means a written response addressing each complaint, proposal and question in the relevant correspondence.

relevant correspondence means a written complaint, proposal or question about the operation of the park.

representative, of a home owner or other resident, means an entity—

(a)established to represent the interests of the home owner, resident or home owners and residents generally; and

(b)that is authorised by the home owner or resident to give relevant correspondence to the park owner.

s 104 prev s 104 om 2014 No. 8 s 134

pres s 104 ins 2017 No. 42 s 53

105Home owners to respect rights of others

(1)A home owner for a residential park must respect the rights of other residents of the park and other persons in the park.

(2)Without limiting subsection (1), a home owner—

(a)must not unreasonably interfere with, or allow interference with, the reasonable peace, comfort or privacy of another resident; and

(b)must respect the right of the park owner, park manager or a representative of the park owner or park manager to work in an environment free from harassment and intimidation; and

(c)must not act in a way that adversely affects the occupational health and safety of a person working in the residential park.

(3)A home owner for a residential park must also ensure, as far as reasonably practicable, the home owner’s tenant or guest complies with subsection (2)(a) to (c).

(4)In this section—

representative, of a park owner or park manager, means—

(a)if the park owner or park manager is a corporation—an executive officer, employee or agent of the corporation; or

(b)if the park owner or park manager is an individual—an employee or agent of the individual.

s 105 prev s 105 om 2014 No. 8 s 134

pres s 105 ins 2017 No. 42 s 54

129Chief executive may seek undertaking after contravention

(1)If the chief executive reasonably believes a person has contravened or been involved in a contravention of this Act, the chief executive may, by notice given to the person—

(a)state the act or omission the chief executive believes is the contravention; and

(b)ask the person to give the chief executive a written undertaking that the person will not continue or repeat the act or omission.

(2)If—

(a)the person gives the undertaking and, if the contravention is conduct consisting of a series of acts or omissions, the person stops the conduct; and

(b)the chief executive accepts the undertaking;

the chief executive can not start an offence proceeding against the person for the contravention, unless the chief executive withdraws the undertaking under section 130.

130Variation and withdrawal of undertakings

(1)If the chief executive accepts the undertaking, it may be varied or withdrawn at any time by—

(a)the person who gave it, but only if the chief executive agrees to the variation or withdrawal; or

(b)the chief executive, if the chief executive reasonably believes—

(i)that, before it was accepted, the person who gave it contravened this Act in a way unknown to the chief executive; and

(ii)had the chief executive known about the contravention, the chief executive would not have accepted the undertaking or would not have accepted it unless its terms were changed.

(2)The chief executive may also withdraw the undertaking if the chief executive reasonably believes it is no longer necessary.

(3)If the chief executive varies or withdraws, or agrees to the variation or withdrawal of, the undertaking, the chief executive must give the person who gave the undertaking notice of its variation or withdrawal.

(4)The variation or withdrawal takes effect when the notice is received by the person.

131Enforcement of undertakings

(1)If the chief executive reasonably believes a person has contravened a term of an undertaking, the chief executive may apply to the District Court for an order under this section.

(2)If the court is satisfied the person has contravened the term, the court may make 1 or more of the following orders—

(a)an order directing the person to comply with the term;

(b)an order directing the person to pay to the State an amount that is not more than the direct or indirect financial benefit obtained by the person from, and reasonably attributable to, the contravention;

(c)an order directing the person to pay compensation to someone else who has suffered loss or damage because of the contravention;

(d)an order directing the person to give a security bond to the State for a stated period;

(e)another order the court considers appropriate.

(3)The District Court may order the forfeiture to the State of all or part of a security bond given by a person under subsection (2)(d) if—

(a)the chief executive applies to the court for the order; and

(b)the court is satisfied the person contravened the undertaking during the period for which the bond was given.

132Register of undertakings

(1)The chief executive must keep a register of each undertaking given to the chief executive by a person under this part.

(2)The register must contain a copy of the undertaking.

(3)A person may, on payment of any fee that may be prescribed under a regulation, inspect, or get a copy of details in, the register—

(a)at a place or places decided by the chief executive; or

(b)by using a computer.

(4)A person may pay the fee, in advance or in arrears, under an arrangement approved by the chief executive.

(5)The register may be kept in any way the chief executive considers appropriate.

s 132 amd 2005 No. 14s 2 sch

133Application of div 1

This division applies to a proceeding under this Act.

134Appointments and authority

(1)It is not necessary to prove—

(a)the chief executive’s appointment; or

(b)the authority of the chief executive to do anything under this Act.

(2)Subsection (1) does not apply if reasonable notice is given to the party relying on the appointment or authority that the appointment or authority is to be challenged.

s 134 amd 2009 No. 24s 659; 2014 No. 8s 135

135Evidentiary aids

(1)A certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter—

(a)on a stated day, a stated person was given a stated notice under this Act;

(b)a stated fee or other amount is payable by a stated person to someone else and has not been paid;

(c)a matter within the control or knowledge of the chief executive and relevant to the proceeding.

(2)A certificate signed by the chief executive and stating that a stated document is a copy of a financial or other record, contract or document is evidence of the matter.

s 135 amd 2009 No. 24s 660

136Summary proceedings for offences

(1)A proceeding for an offence against this Act is to be taken in a summary way under the Justices Act 1886.

(2)The proceeding must start—

(a)within 1 year after the offence is committed; or

(b)within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.

137Allegations of false or misleading information or documents

In any proceeding for an offence against this Act defined as involving false or misleading information, or a false or misleading document, it is enough for a charge to state that the information or document was, without specifying which, ‘false or misleading’.

138Responsibility for acts or omissions of representatives

(1)Subsections (2) and (3) apply in a proceeding for an offence against this Act.

(2)If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—

(a)the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and

(b)the representative had the state of mind.

(3)An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.

(4)In this section—

representative means—

(a)of a corporation—an executive officer, employee or agent of the corporation; or

(b)of an individual—an employee or agent of the individual.

state of mind, of a person, includes—

(a)the person’s knowledge, intention, opinion, belief or purpose; and

(b)the person’s reasons for the intention, opinion, belief or purpose.

pt 19A (ss 139A–139C) ins 2010 No. 46s 31

139ARecord of residential parks

(1)The chief executive may keep a record of residential parks that contain manufactured homes.

(2)The record must contain the information about residential parks given to the chief executive under section 139C.

(3)The chief executive may keep the record in the way the chief executive considers appropriate, including, for example, in electronic form.

pt 19A (ss 139A–139C) ins 2010 No. 46s 31

139BInspecting record of residential parks

(1)A person may, on payment of any fee that may be prescribed under a regulation, inspect, or get a copy of details in, the record—

(a)at a place or places decided by the chief executive; or

(b)by using a computer.

(2)The chief executive may publish information contained in the record at the times, and in the way, decided by the chief executive.

pt 19A (ss 139A–139C) ins 2010 No. 46s 31

139CPark owner to give chief executive information for record of residential parks

(1)The park owner for a residential park must, within 28 days after opening the residential park, give the chief executive notice, in the approved form, of the following information unless the park owner has a reasonable excuse—

(a)the name of the park;

(b)the address of the park;

(c)the postal address of the park;

(d)the number of manufactured home sites provided in the park;

(e)any other information about the park prescribed under a regulation.

Maximum penalty—5 penalty units.

(2)The park owner for a residential park must, within 28 days of a change in the information that is recorded in the record for the park, give the chief executive notice, in the approved form, of the change unless the park owner has a reasonable excuse.

Maximum penalty—5 penalty units.

pt 19A (ss 139A–139C) ins 2010 No. 46s 31

140Site agreement dispute

If there is a site agreement dispute, either party to the dispute may apply to the tribunal for an order, and the tribunal may make any order it considers appropriate, to resolve the dispute.

141Application to tribunal by group of home owners

If a provision of this Act enables a home owner for a residential park to make an application to the tribunal, a group of home owners for the park may make a joint application under the provision arising out of the same or similar facts or circumstances.

142Delegation

(1)The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified person.

(2)In this section—

appropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power.

Example of standing—

a person’s classification level in the department

143Protection from liability

(1)The chief executive does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.

(2)If subsection (1) prevents civil liability attaching to the chief executive, the liability attaches instead to the State.

s 143 amd 2009 No. 24s 661; 2014 No. 8s 136

144Approval of forms

The chief executive may approve forms for use under this Act.

145Review of Act

(1)The Minister must, within 3 years after the commencement of this section, start a review of this Act to ensure it is adequately meeting community expectations and its provisions remain appropriate.

(2)The Minister must, as soon as practicable after the review is finished, table a report of the outcome of the review in the Legislative Assembly.

146Regulation-making power

(1)The Governor in Council may make regulations under this Act.

(2)A regulation may be made about the following—

(a)fees for this Act;

(b)imposing a penalty of not more than 20 penalty units for a contravention of a regulation.

147Repeal of Mobile Homes Act 1989

The Mobile Homes Act 1989 No. 50 is repealed.

div hdg amd 2010 No. 46s 32

148Definitions for div 2

In this division—

commencement means commencement of this section.

relevant agreement means a relevant agreement, under the repealed Act, in force immediately before the commencement.

repealed Act means the Mobile Homes Act 1989.

small claims tribunal means a small claims tribunal under the Small Claims Tribunals Act 1973.

149Relevant agreement taken to be site agreement

A relevant agreement is taken to be a site agreement.

150Park owner to keep records

(1)Each owner under the repealed Act must keep copies of any relevant records in the owner’s possession or control immediately before the commencement until 1 year after a relevant agreement forming part of the relevant records is terminated.

Maximum penalty—20 penalty units.

(2)In this section—

relevant records means the following—

(a)a relevant agreement;

(b)a document relating to a variation in site rent payable under the agreement;

(c)a document relating to an assignment of an occupier’s interest under the agreement;

(d)copies of orders made by a small claims tribunal relating to the agreement.

151Relevant agreement that is not written

(1)This section applies to a relevant agreement that is not written.

(2)Subject to subsection (3), the parties to the agreement must as soon as practicable after the commencement—

(a)put the agreement into writing, as required under section 25; and

(b)sign the agreement.

(3)If the parties fail to agree on the terms of the relevant agreement, either party may apply to the tribunal for an order about the matter within 3 months after the commencement.

(4)In deciding the application, the tribunal may make any of the following orders—

(a)an order that the parties enter into a site agreement on the terms decided by the tribunal;

(b)another order the tribunal considers appropriate.

(5)If the parties do not comply with subsection (2), section 25 does not apply to the relevant agreement until the later of the following—

(a)the day that is 3 months after the commencement;

(b)if an application is made to the tribunal, under subsection (3), about the agreement—the day that is 14 days after the tribunal decides the application.

152References to repealed Act

In an Act or document, a reference to the repealed Act may, if the context permits, be taken as a reference to this Act.

153Applications to small claims tribunal

(1)If—

(a)a person has made an application to a small claims tribunal under the repealed Act before the commencement; and

(b)the application has not been decided before the commencement;

      the small claims tribunal may decide the application under the repealed Act as if this Act had not commenced.

(2)If—

(a)immediately before the commencement a person could have made an application to a small claims tribunal under the repealed Act; and

(b)the person has not made the application before the commencement;

the person may make the application to a small claims tribunal, and the small claims tribunal may decide the application, under the repealed Act as if this Act had not commenced.

(3)For giving effect to a decision under subsection (1) or (2), the small claims tribunal may make the orders the small claims tribunal considers necessary having regard to the provisions of this Act.

154Claim for compensation

(1)If a claim for compensation made under section 12J of the repealed Act before the commencement has not been decided on the commencement, the court considering the claim may decide the claim, under section 12J of the repealed Act, as if this Act had not commenced.

(2)A person who could have made a claim for compensation under section 12J of the repealed Act as in force immediately before the commencement may make the claim after the commencement and a court to which the claim is made may decide the claim, under section 12J of the repealed Act, as if this Act had not commenced.

155Unfinalised application for review of refusal to consent to assignment of seller’s interest in site agreement

(1)This section applies if an application under section 50 as in force immediately before the commencement of this section (the former application) has not been finalised before the commencement of this section.

(2)The application is taken to be an application for an order under section 50 (the new application).

(3)The former application and any pending proceeding under it is to be continued as if everything done under the former application had been done, with necessary changes, under the new application.

Example—

Evidence given in the pending proceeding is evidence in the new proceeding.

s 155 ins 2005 No. 14 s 2 sch

div hdg ins 2010 No. 46s 33

sdiv hdg ins 2010 No. 46s 33

156Definitions for div 3

In this division—

amending Act means the Manufactured Homes (Residential Parks) Amendment Act 2010.

assent means the start of the date of assent of the amending Act.

commencement means the commencement of the provision in which the word appears.

s 156 ins 2010 No. 46s 33

sdiv hdg ins 2010 No. 46s 33

157Existing agreements involving converted caravans

(1)This section applies to an agreement, that would be a site agreement if it related to a manufactured home, between a park owner and a home owner providing for the positioning of a converted caravan on a site and—

(a)entered into under, or purportedly under, this Act; and

(b)in force immediately before assent.

(2)Despite the amended Act, other than this section, and subject to section 169, the agreement—

(a)is taken to be a site agreement; and

(b)continues, under this Act, according to its terms.

(3)In this section—

amended Act means this Act as amended under the amending Act.

s 157 ins 2010 No. 46s 33

158Form and content of site agreements

(1)Despite section 25, the provisions mentioned in subsection (2) apply only for—

(a)a site agreement entered into after commencement, whether or not the site agreement has been varied; or

(b)a variation of a site agreement entered into before commencement if the variation was made after commencement.

(2)For subsection (1), the provisions are as follows—

(a)section 25(4)(a), (b), (d) and (h);

(b)section 25(4)(i)(iii) to the extent it requires a site agreement to include a statement that, under the Act, the tribunal may—

(i)make an order increasing the site rent on application by the park owner; or

(ii)make an order reducing the site rent on application by the home owner.

(3)Section 25A(1) applies only if the special term of the site agreement mentioned in that section is—

(a)part of a site agreement entered into after commencement, whether or not the site agreement has been varied; or

(b)a variation of a site agreement entered into before commencement if the variation was made after commencement.

s 158 ins 2010 No. 46s 33

159Prohibited terms of site agreements and prohibited park rules

(1)A term of a site agreement, included in the site agreement before assent, is void to the extent it is or contains a term that would be prohibited under section 25B(1) if it were included in the site agreement after assent.

Note—

See also section 170 (Tribunal may consider whether term of site agreement is void under s 159(1)).

(2)A park owner must not attempt to enforce—

(a)a special term, in a site agreement, that is void under subsection (1); or

(b)a park rule of a type that is void under subsection (1).

Maximum penalty—100 penalty units.

s 159 ins 2010 No. 46s 33

160Particular existing agreements to terminate site agreement

(1)This section applies if—

(a)before commencement, a park owner and a home owner—

(i)entered into a prohibited agreement relating to a site agreement; or

(ii)varied a site agreement to include a term under which the parties to the site agreement agree to terminate the site agreement; and

(b)the site agreement is in force.

(2)A site agreement or other agreement is void to the extent it is or contains the prohibited agreement.

(3)The variation of the site agreement is void.

s 160 ins 2010 No. 46s 33

161Park owner’s notice on receiving notice of proposed assignment of seller’s interest

Section 45(2)(c) applies only for a notice of the proposed assignment of the seller’s interest in the site agreement received by the park owner after commencement.

s 161 ins 2010 No. 46s 33

162Park owner’s notice on refusal of consent to assignment

(1)Section 49(5)(b) applies only for a written request, made after commencement, by a seller for the park owner’s consent to an assignment of the seller’s interest in the site agreement.

(2)Section 49(5)(b) as in force immediately before commencement continues to apply for a written request, made before commencement, by a seller for the park owner’s consent to an assignment of the seller’s interest in the site agreement.

s 162 ins 2010 No. 46s 33

163Notice of increase in site rent

Section 69(3) applies to a park owner only if the notice of increase in site rent required to be given under section 69(2) is given by the park owner to the home owner after commencement.

s 163 ins 2010 No. 46s 33

164Notice of proposed increase in site rent

Section 71(1)(c) and (2) applies whether or not the site agreement mentioned in section 71(1)(a) was entered into before or after commencement.

s 164 ins 2010 No. 46s 33

165Utility cost notice

Section 73(2) applies only for a utility cost notice given after commencement.

s 165 ins 2010 No. 46s 33

166Variation of site agreement on assignment to allow site rent to be increased in accordance with market review

(1)This section applies if—

(a)a site agreement was entered into before commencement; and

(b)the site agreement does not contain a clause permitting the site rent to be increased based on a market review of site rent.

(2)The park owner under the site agreement may, by complying with subsection (4), vary the site agreement by adding the following term to the site agreement—
‘The site rent may be increased in accordance with a market review of site rent no more often than once every 3 years after the site agreement was entered into, that has regard to—

(a)the range of rents usually charged for comparable sites in comparable residential parks in the locality of the park; or

(b)if it is impractical to obtain data for the range of site rents mentioned in paragraph (a) or data is not available for that range—the range of site rents usually charged for comparable sites in comparable residential parks in comparable localities to the locality the park is in; or

(c)if it is impractical to obtain data for the range of site rents mentioned in paragraph (a) or (b) or data is not available for that range—general trends in rent for residential accommodation in the locality the park is in.’.

(3)The term—

(a)may be added to the site agreement only in conjunction with an assignment of the site agreement; and

(b)may be added to the site agreement without the agreement of the seller, buyer or any other future home owner; and

(c)takes effect when the assignment takes effect; and

(d)when added, is taken to be a term of the site agreement for all purposes under this Act.

(4)However, subsection (3)(d) only applies if—

(a)at the same time as the park owner gives a copy of the site agreement and disclosure documents for the park to the buyer under section 45(2), the park owner also gives the buyer notice, in the approved form—

(i)of the addition of the term to the site agreement; and

(ii)of the date on which the next market review of site rent will happen; and

(b)the park owner, as soon as possible after giving a notice under paragraph (a), but within 3 days after doing so, gives the seller a copy of the notice.

s 166 ins 2010 No. 46s 33

167More than 1 home owners committee

(1)This section applies if, immediately before commencement, there was more than 1 home owners committee for a residential park.

(2)The home owners for the park may, by election conducted among themselves within 3 months after commencement, establish a single home owners committee.

(3)Sections 100(3) to (5) apply in relation to a home owners committee elected under subsection (2).

s 167 ins 2010 No. 46s 33

168Existing park owner to give chief executive information for record of residential parks

If a person was a park owner for a residential park immediately before commencement, for section 139C, the person is taken to have opened the park 2 months after commencement.

sdiv hdg ins 2010 No. 46s 33

169Converted caravans

(1)This section applies if—

(a)before assent, an application was made to a court or tribunal relating to a relevant matter; and

(b)the application has not been decided.

(2)This section also applies if—

(a)an application is made to a court or tribunal, on or after but within 3 years after assent about a dispute mentioned in subsection (5), definition relevant matter, paragraph (b) or (c) about a converted caravan; and

(b)the converted caravan was positioned on a site in the park before assent; and

(c)the applicant owns the converted caravan and owned it immediately before assent.

(3)The court or tribunal must decide the application as if the amending Act had not commenced.

(4)For an application mentioned in subsection (2)(a), the court or tribunal must decide the application on the basis of the structural characteristics of the converted caravan on assent.

(5)In this section—

relevant matter means—

(a)an agreement between a park owner and a home owner providing for the positioning of a converted caravan on a site; or

(b)a dispute about whether a person is entitled to have a park owner enter into a site agreement with the person relating to a converted caravan; or

(c)a dispute about whether a park owner is entitled to have a person enter into a site agreement with the park owner relating to a converted caravan.

s 169 ins 2010 No. 46s 33

170Tribunal may consider whether term of site agreement is void under s 159(1)

(1)A home owner may apply to the tribunal to consider whether part or all of a stated term of a site agreement is void under section 159(1).

(2)On application under subsection (1), the tribunal may do 1 of the following—

(a)declare that a stated term of the site agreement is void;

(b)declare that a stated term of the site agreement is not void;

(c)declare that a stated term of the site agreement is void to a stated extent;

(d)make an order varying a stated term of the site agreement.

s 170 ins 2010 No. 46s 33

171Undecided applications to tribunal for particular orders

(1)This section applies if—

(a)before assent—

(i)an application for a termination order was made to the tribunal under section 38(1)(d); or

(ii)an application was made to the tribunal under section 70(2); and

(b)the application has not been decided.

(2)The tribunal must decide the application as if the amending Act had not commenced.

s 171 ins 2010 No. 46s 33

172Undecided application to tribunal for order about proposed increase in site rent

(1)This section applies if—

(a)before commencement, an application was made to the tribunal under section 71(7) as then in force; and

(b)the application has not been decided.

(2)The tribunal must decide the application as if the amending Act had not commenced.

s 172 ins 2010 No. 46s 33

173Documents tribunal may consider on application for site rent reduction

Section 72(2) applies only in relation to an application to the tribunal for an order under section 72(1) made after assent.

s 173 ins 2010 No. 46s 33

174Tribunal’s review of utility cost

Section 74(2) and (3) applies only for a utility cost notice given after commencement.

s 174 ins 2010 No. 46s 33

175Tribunal’s power to make particular orders

Sections 39(2) and (3) and 40A apply only for an application to the tribunal for a termination order made after assent.

s 175 ins 2010 No. 46s 33

section 6

amending Act, for part 21, division 3, see section 156.

def amending Act ins 2010 No. 46 s 34(2)

approved form means a form approved by the chief executive under section 144.

assent, for part 21, division 3, see section 156.

def assent ins 2010 No. 46 s 34(2)

buyer see section 42(a).

caravan see the Residential Tenancies and Rooming Accommodation Act 2008, section 7.

def caravan sub 2008 No. 73 s 554 sch 1

change, a park rule for a residential park, means—

(a)make a new park rule for the park; or

(b)amend, revoke or replace an existing park rule for the park.

change event day see section 73(3).

commencement, for part 21, division 2, see section 148.

def commencement, for part 21, division 3, ins 2010 No. 46 s 34(2)

commencement, for part 21, division 3, see section 156.

common areas means—

(a)generally—the parts of a residential park, other than a home owner’s site in the park, that the home owner may use under a site agreement; and

(b)in a provision about a residential park—the park’s common areas.

communal facilities, in a provision about a residential park, means the park’s communal facilities.

converted caravan see section 10A.

def converted caravan ins 2010 No. 46 s 34(2)

destroy includes threaten to destroy, procure someone else to destroy and attempt to destroy.

director ...

def director om 2009 No. 24 s 662(1)

disclosure documents see section 29(1)(a).

executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director of the corporation or the person’s position is given the name of executive officer.

facilities includes furniture and equipment.

facsimile warrant ...

def facsimile warrant om 2014 No. 8 s 137(1)

fee, for part 9, division 2, see section 59.

form of assignment see section 47(1).

FTI Act see section 4A(1).

def FTI Act ins 2014 No. 8 s 137(2)

fund see section 54(3).

guest, of a home owner, means a person who enters the home owner’s site in a residential park, or the park’s common areas, with the home owner’s consent.

hinder includes interfere with.

home owner—

(a)generally—see section 8; and

(b)in a provision about a residential park—means a home owner for the park; and

(c)in a provision about a site agreement—means the home owner under the agreement.

home owners committee means a home owners committee established under section 100.

home owners information document see section 9.

inspector ...

def inspector om 2014 No. 8 s 137(1)

manufactured home see section 10.

market review of site rent means a review of site rent the outcome of which is decided by comparing the site rent with 1 or both of the following—

(a)the site rent payable for a site in 1 or more residential parks; or

(b)the rent payable for other residential accommodation.

def market review of site rent ins 2010 No. 46 s 34(2)

mortgagee in possession see the Property Law Act 1974, schedule 6.

non-resolution notice, for a change in a park rule for a residential park, see section 80(6).

notice means written notice.

objection closing day, for a change in a park rule for a residential park, see section 78(1)(a).

objectors, for a change in a park rule for a residential park, see section 80(2).

park liaison committee, for a change in a park rule for a residential park, see section 80(2).

park manager means—

(a)generally—a person appointed as the park manager for a residential park under section 75(1); and

(b)in a provision about a residential park—the park manager for the park.

park owner—

(a)generally—see section 11; and

(b)in a provision about a residential park—means the park owner for the park; and

(c)in a provision about a site agreement—means the park owner under the agreement.

park rules means—

(a)generally—the rules in force for a residential park under part 13; and

(b)in a provision about a residential park—the park rules for the park.

personal effects includes furniture and goods, but does not include a home owner’s manufactured home.

prohibited agreement, in relation to a site agreement, means any of the following agreements, or terms of an agreement, between a park owner and a home owner if the agreement is entered into before or on the same day as the park owner and the home owner enter into the site agreement—

(a)a term of the site agreement to terminate the site agreement;

(b)another agreement, or a term of another agreement, to terminate the site agreement;

(c)a term of the site agreement requiring the home owner to enter into an agreement with the park owner at some later time to terminate the site agreement.

def prohibited agreement ins 2010 No. 46 s 34(2)

proposal, for a change in a park rule for a residential park, see section 78(1)(a).

prospective home owner, for a site in a residential park, means a person who indicates to the park owner a willingness to enter into a site agreement for the site.

reasonably believes means believes on grounds that are reasonable in the circumstances.

relevant agreement, for part 21, division 2, see section 148.

repealed Act, for part 21, division 2, see section 148.

residential park—

(a)generally—see section 12; and

(b)in a provision about a site agreement—means the residential park of which the site the subject of the agreement is a part.

restrict includes hinder, prevent, obstruct and attempt to restrict.

sale order see section 52(6)(a).

sell, a manufactured home, includes—

(a)attempt to sell the home; and

(b)dispose of the home other than by sale.

Example for paragraph (b)—

a gift of the home

seller see section 42.

seller’s interest see section 42(b).

selling authority see section 60.

site—

(a)generally—see section 13; and

(b)in a provision about a residential park—means a site in the park; and

(c)in a provision about a site agreement—means the site the subject of the agreement.

site agreement—

(a)generally—see section 14; and

(b)in a provision about a residential park—means a site agreement for a site in the park.

site agreement dispute see section 14A.

def site agreement dispute sub 2010 No. 46 s 34

site rent means the rent payable under a site agreement.

site rent payment record see section 65(5)(a).

small claims tribunal, for part 21, division 2, see section 148.

special resolution, at a meeting of the home owners for a residential park, means a resolution passed—

(a)at the meeting of which the home owners are given by a home owner at least 21 days notice stating the intention to propose the resolution as a special resolution; and

(b)by a majority of at least three-quarters of the home owners voting personally at the meeting or by postal ballot.

special terms see section 21.

standard terms see section 20.

tenant, of a home owner, means a person renting the home owner’s site in a residential park from the home owner under section 97.

termination order see section 38(1).

termination payment see section 52(6)(b).

tribunal means QCAT.

def tribunal sub 2009 No. 24 s 662(1)–(2)

utility means any of the following services—

(a)electricity;

(b)gas;

(c)sewerage;

(d)water;

(e)another service prescribed under a regulation.

utility cost means a cost, for a utility supplied to or used at a site in a residential park, that the park owner incorporates into the site rent payable under a site agreement for the site, whether or not the cost is separately identified in the agreement.

utility cost notice see section 73(2).

warrant form ...

def warrant form om 2014 No. 8 s 137(1)

(prev sch 2) renum 2009 No. 24 s 662(3)