Residential Tenancy Regulations 2005

Residential Tenancy Regulations 2005

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Residential Tenancy Act 1997 .

W. J. E. COX

Governor

By His Excellency's Command,

JUDY JACKSON

Minister for Justice and Industrial Relations

1.   Short title

These regulations may be cited as the Residential Tenancy Regulations 2005 .

2.   Commencement

These regulations take effect on the day on which the Retirement Villages Act 2004 commences.

3.   Interpretation

In these regulations –

Act means the Residential Tenancy Act 1997 .

4.   Sale of abandoned goods

(1)  For the purpose of section 48(1)(b) of the Act, an owner may sell abandoned goods if their apparent value is less than $300.

(2)  For the purpose of section 48(1)(c) of the Act, an owner is to apply for an order permitting the sale of abandoned goods if their apparent value is $300 or more.

5.   Non-application of provisions of Act

Each provision of the Act does not apply to –

(a) a residence contract within the meaning of the Retirement Villages Act 2004 ; and

(b) a class of residential tenancy agreement that is for a period of 3 months or less and that relates to residential premises providing accommodation for –

(i) homeless persons; or

(ii) persons experiencing family violence.

6.   Fees

The fees specified in Schedule 1 are the fees payable in respect of the matters specified in that Schedule.

7.   Statutory Rule rescinded

The Statutory Rule specified in Schedule 2 is rescinded.

SCHEDULE 1 - Fees

Regulation 6

SCHEDULE 2 - Statutory Rule rescinded

Regulation 7

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 4 May 2005

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) provide that an owner of residential premises may sell, without obtaining an order from a magistrate, abandoned goods with a value of less than $300; and

(b) exclude certain residential tenancy agreements from the application of the Act; and

(c) prescribe fees relating to disputes; and

(d) rescind the Residential Tenancy Regulations 1998 .