Residential Tenancy Amendment Act 2015

Residential Tenancy Amendment Act 2015

An Act to amend the Residential Tenancy Act 1997

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Residential Tenancy Amendment Act 2015 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

PART 2 - Amendment of Residential Tenancy Act 1997

3.   Principal Act

In this Part, the Residential Tenancy Act 1997 is referred to as the Principal Act.

4.    Section 39 amended (Effect of notice of termination)

Section 39 of the Principal Act is amended as follows:

(a) by omitting paragraph (ab) from subsection (1) ;

(b) by omitting paragraph (c) from subsection (4) and substituting the following paragraph:

(c) a date, specified in a notice of termination in respect of the premises, is a date that is not 14 days or more after the notice is served on the owner –

(c) by omitting from subsection (4) "21 days" second occurring and substituting "14 days".

5.    Section 57 amended (Locks and security devices)

Section 57 of the Principal Act is amended by omitting subsection (2B) and substituting the following subsection:

(2B)  A tenant may, without the authority of an order of the Court or the consent of the owner of the residential premises, add, alter or remove any lock or other security device –

(a) if –

(i) an FVO, within the meaning of the Family Violence Act 2004 , is in force under that Act; or

(ii) a PFVO, within the meaning of the Family Violence Act 2004 , is in force under that Act; and

(b) the FVO or PFVO was made for the purpose of protecting the tenant.

PART 3 - Amendment of Residential Tenancy Amendment Act 2013

6.   Principal Act

In this Part, the Residential Tenancy Amendment Act 2013 is referred to as the Principal Act.

7.   Section 19 amended (Part 3B inserted)

Section 19 of the Principal Act is amended by omitting from paragraph (b)(ii) of new section 36L "4 functioning heating elements" and substituting "3 functioning heating elements".

8.   Section 26 amended (Section 55A inserted)

Section 26 of the Principal Act is amended by omitting from new section 55A " of the premises that displays any object in the premises that may identify the tenant or another person or that belongs to the tenant" and substituting ", film or video recording of the premises that displays any object in the premises that may identify the tenant or another person".

PART 4 - Repeal of Act

9.   Repeal of Act

This Act is repealed on the three hundred and sixty fifth day from the day on which it commences.

[Second reading presentation speech made in:

House of Assembly on 21 APRIL 2015

Legislative Council on 26 MAY 2015]