Property Agents and Land Transactions Amendment (Exemption) Regulations 2012


Tasmanian Crest
Property Agents and Land Transactions Amendment (Exemption) Regulations 2012

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 Property Agents and Land Transactions Act 2005 .

17 December 2012

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

NICK McKIM

Minister for Corrections and Consumer Protection

1.   Short title

These regulations may be cited as the Property Agents and Land Transactions Amendment (Exemption) Regulations 2012 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Property Agents and Land Transactions Regulations 2006 are referred to as the Principal Regulations.

4.    Regulation 43A inserted

After regulation 43 of the Principal Regulations , the following regulation is inserted in Part 6:

43A.   Exemption from application of Act

(1)  A person who acts as a property manager is exempt from the application of the Act if all property managed by the property manager is only leased or let for a period of 90 days or less.
(2)  Two or more leases or lettings of the same property are to be treated as a single leasing or letting for the purposes of this regulation if –
(a) each leasing or letting is to the same person or persons; and
(b) any break in the occupancy of the property by that person, or those persons, is less than 7 days.
(3)  This regulation expires on the first anniversary of the commencement of the Property Agents and Land Transactions Amendment (Exemption) Regulations 2012 .

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

Notified in the Gazette on 26 December 2012

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Property Agents and Land Transactions Regulations 2006 by exempting from the application of the Property Agents and Land Transactions Act 2005 , for a specified period, certain property managers of short-term accommodation.