South Australian Consolidated Acts

RESIDENTIAL PARKS ACT 2007 - SECT 29

29—Repayment of bond

        (1)         An application may be made to the Commissioner for—

            (a)         payment of the whole amount of the bond either to the park owner or the resident; or

            (b)         payment of a specified amount of the bond to the park owner and the balance to the resident.

        (2)         The application—

            (a)         must be in a form approved by the Commissioner; and

            (b)         may be made jointly by the park owner and the resident or by either the park owner or the resident.

        (3)         If the application is undisputed, the Commissioner must pay out from the Fund the amount of the bond as specified in the application.

        (4)         If an application is liable to be disputed, the Commissioner must give the respondent written notice of the application (in a form the Commissioner considers appropriate) and inform the respondent that, if the respondent wants to dispute the application, a written notice of dispute, in a form approved by the Commissioner, must be lodged with the Commissioner within 10 days after the date the notice is given to the respondent.

        (5)         If the respondent does not give the Commissioner written notice of dispute, in a form approved by the Commissioner, within 10 days after the date the Commissioner's notice is given to the respondent, the Commissioner may pay out from the Fund the amount of the bond as proposed in the application.

        (6)         If the Commissioner receives a written notice of dispute before the amount of the bond is paid out under subsection (5), the Commissioner must refer the dispute to the Tribunal for determination.

        (7)         For the purposes of this section—

            (a)         an application is undisputed if it is a joint application by the park owner and the resident, or an application by the park owner that the whole of the amount of the bond be paid to the resident, or an application by the resident that the whole of the amount of the bond be paid to the park owner;

            (b)         an application that does not fall into any of those categories is liable to be disputed;

            (c)         if the application was made by the park owner, the resident is the respondent;

            (d)         if the application was made by the resident, the park owner is the respondent.