Western Australian Consolidated Acts

RESIDENTIAL PARKS (LONG-STAY TENANTS) ACT 2006 - GLOSSARY

Glossary

[s. 3]

1.         Terms used

                In this Act, unless the contrary intention appears —

        abandoned goods means goods that may be treated as abandoned goods under section 48(1);

        ADI , which stands for authorised deposit-taking institution, has the meaning given to that term in the Commonwealth Banking Act 1959 section 5;

        authorised financial institution has the definition given to that term in the Residential Tenancies Act 1987 Schedule 1 clause 1;

        bond administrator means the chief executive officer of the Department in his or her capacity as bond administrator under the Residential Tenancies Act 1987 ;

        bond agent means a public officer appointed by the bond administrator to be his or her agent for the purposes of the definition of “authorised agent” in the Residential Tenancies Act 1987 Schedule 1 clause 1;

        caravan park means a caravan park (including a lifestyle village) —

            (a)         operated or required to be operated under a licence issued under the Caravan Parks and Camping Grounds Act 1995 ;

            (b)         operated by a local government under the Caravan Parks and Camping Grounds Act 1995 ; or

            (c)         operated by a public sector body;

        Commissioner means the person for the time being designated as the Commissioner under section 84;

        default notice means a notice under section 39(1)(b) or 40(1), as the case requires;

        Department means the department of the Public Service principally assisting in the administration of this Act;

        key bond means an amount paid as security bond as mentioned in section 21(2)(b);

        lifestyle village means a caravan park, or an area within a caravan park, that includes long-stay sites that are occupied, or intended to be occupied, solely or principally by individuals having a particular interest or quality in common;

        long-stay agreement or agreement has the meaning given by section 5;

        long-stay site , in relation to a residential park, means —

            (a)         if the residential park is operated by a person who is licensed under the Caravan Parks and Camping Grounds Act 1995  — a site that is permitted to be used as a long-stay site under a licence issued under that Act; or

            (b)         in any other case — a site that the park operator is willing to rent to a tenant for a fixed term of 3 months or more, whether or not the site is rented for such a term at any particular time, and whether or not the site includes an on-site home;

        long-stay tenant or tenant means the grantee of a right of occupancy under a long-stay agreement;

        make , in relation to a long-stay agreement, includes renew, extend, assign or otherwise transfer the agreement;

        notice of termination means a notice to terminate a long-stay agreement given in accordance with this Act;

        on-site home , in relation to an on-site home agreement, means the relocatable home provided under the agreement by the park operator;

        on-site home agreement means a long-stay agreement under which the long-stay tenant has the right to occupy a relocatable home provided by the park operator;

        park operator , in relation to a residential park or caravan park, means the grantor of a right of occupancy under a residential park tenancy agreement, or the grantor’s successor where the succession is subject to the interest of the tenant;

        park premises , in relation to a residential park, means all or any part of the land and structures within the boundaries of the park, including premises occupied exclusively by the park operator or an agent or employee of the park operator, vacant sites, vacant on-site homes, agreed premises and shared premises;

        park rules , in relation to a residential park, means —

            (a)         the rules for tenants prepared by the park operator (if any); and

            (b)         the rules for tenants prepared by the park liaison committee (if any);

        period of notice , in relation to the termination of a long-stay agreement under a notice of termination, means the period beginning on the day on which the notice is given and ending on the specified day;

        pet bond means an amount paid as a security bond as mentioned in section 21(2)(c);

        public sector body has the meaning given to that term in the Public Sector Management Act 1994 ;

        real estate agent means a person who holds or is required to hold a licence under the Real Estate and Business Agents Act 1978 ;

        relocatable home means a vehicle, building, tent or other structure that is fitted or designed for use as a residence (whether or not it includes bathroom or toilet facilities) and that is or can be parked, assembled or erected on a site in a residential park;

        rent , in relation to a long-stay agreement, means an amount paid or payable under the agreement by the long-stay tenant in respect of the tenancy period or a part of the tenancy period;

        Rental Accommodation Fund means the Rental Accommodation Fund established under the Residential Tenancies Act 1987 Schedule 1 clause 3;

        residential park means a caravan park in which there are long-stay sites;

        residential park tenancy agreement means an agreement made between an individual and a park operator under which the park operator for valuable consideration grants to the individual —

            (a)         the right to occupy a relocatable home provided by the park operator on a site in the residential park; or

            (b)         the right to occupy a relocatable home provided by the individual on a site in the residential park;

        retired person has the same meaning as it has in the Retirement Villages Act 1992 section 3;

        security bond means an amount payable by a long-stay tenant as security for the performance of his or her obligations under the long-stay agreement, including any amounts of pet bond or key bond;

        selling agency agreement means an agreement between a long-stay tenant and a park operator as mentioned in section 57(1);

        shared premises , in relation to a residential park, means —

            (a)         the common areas, structures and amenities in the park that the park operator provides for the use of all long-stay tenants or makes accessible to all long-stay tenants; and

            (b)         any fixtures, fittings or chattels in or on the common areas or structures;

        site , in relation to a residential park, means an area of land in the park that is set aside for the use of one relocatable home, except such an area that is a lot in relation to a survey-strata scheme under the Strata Titles Act 1985 ;

        site-only agreement means a long-stay agreement under which the long-stay tenant has the right to occupy a relocatable home provided by the long-stay tenant on a site in the residential park;

        specified day means —

            (a)         in relation to a notice of termination given under section 39(1)(a) or (b), 40(4), 41(1) or 42(1) — the day specified in the notice as the day on which the park operator requires the long-stay tenant to give vacant possession of the agreed premises to the park operator;

            (b)         in relation to a notice of termination given under section 44(1) — the day specified in the notice as the day on which the tenant intends to give vacant possession of the agreed premises to the park operator;

            (c)         in relation to a notice of termination given under section 45(3) — the day specified in the notice as the day on which the agreement is to be terminated;

            (d)         in relation to a default notice given under section 39(1)(b) — the day specified in the notice as the day on which the park operator requires the outstanding amount of rent to be paid; and

            (e)         in relation to a default notice given under section 40(1) — the day specified in the notice as the day on or before which the breach must be remedied;

        tenancy means a tenancy under a long-stay agreement;

        tenancy bond account means —

            (a)         in relation to a park operator — an ADI account held under section 22(1)(b); or

            (b)         in relation to a real estate agent — a trust account referred to in section 22(2)(a) or (b);

        tenancy period , in relation to a long-stay agreement, means the whole period during which the agreement is in force, whether the agreement is for a fixed term or creates a periodic tenancy;

        working day means any day except a Saturday, Sunday or public holiday.

        [Glossary amended by No. 19 of 2010 s. 51.]