Page 2784 - Week 09 - Tuesday, 16 August 2005

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Schedule of amendments

Schedule 1

Residential Tenancies Amendment Bill 2005

Amendments moved by Dr Foskey

1

Clause 7

Proposed new section 8 (2), proposed new definition of posted

Page 3, line 23

insert

posted—a person is posted if the person is compulsorily transferred.

2

Clause 15

Proposed new section 42

Page 7, line 20—

omit proposed new section 42, substitute

42 Conditional  orders

(1) The tribunal may make a termination and possession order whose enforcement is subject to a condition (an enforcement condition) if satisfied that the condition will not cause significant financial hardship to the tenant or a person who is financially dependant on the tenant.

Example of enforcement condition

that a person fails to pay rent arrears to the lessor within 6 months after the day the termination and possession order is made

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2) If the enforcement of a termination and possession order is subject to an enforcement condition, the order expires on a day stated by the tribunal in the order.

(3) The expiry day must not be more than 2 years after the day the order is made.

Note An order may expire before an enforcement condition is completed.

(4) However, subsection (3) does not apply if the tribunal believes on reasonable grounds that—

(a) there are exceptional circumstances; and

(b) it would be inappropriate to state an expiry day in accordance with subsection (3).

3

Clause 16

Proposed new section 51 (d)

Page 9, line 26—

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