Page 630 - Week 02 - Thursday, 21 February 2019

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Schedules of amendments

Schedule 1

Residential Tenancies Amendment Bill 2018 (No 2)

Amendments moved by Ms Le Couteur

1

Proposed new clauses 4A, 4B and 4C

Page 4, line 3—

insert

4A  New section 11AA 

insert

11AA Certain special conditions must be advertised 

A person commits an offence if—

(a) the person publishes an advertisement for the lease of residential premises; and

(b) the proposed residential tenancy agreement for the premises—

(i) contains a term endorsed by the ACAT under section 10 (Endorsement of inconsistent tenancy terms by ACAT); or

(ii) requires the lessor’s consent to keep an animal on the premises; and

(c) the advertisement does not—

(i) if paragraph (b) (i) applies—state that the term applies; and

(ii) if paragraph (b) (ii) applies—

(A)  state that consent is required; and

(B) if the lessor has prior approval from the ACAT under section 71AF to impose a condition on consent—state that a condition applies.

Maximum penalty: 5 penalty units.

4B  Lessor’s obligations 

  New section 12 (3) (ca) 

insert

(ca) a statement setting out—

(i) the minimum housing standards; and

(ii) the investigation and rectification provisions in sections 35F to 35K; and

(iii) if the premises are exempted from complying with a minimum housing standard under section 35M—a copy of the exemption and any information on which the exemption is based;

4C  New part 3A

insert

Part 3A   Minimum housing standards 

35A  Definitions— pt 3A

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