Residential Tenancies Amendment Act 2016
Western Australia
Residential Tenancies Amendment Act 2016
Contents
1.Short title2
2.Commencement2
3.Act amended2
4.Section 46 amended2
5.Section 79 amended2
6.Section 85 amended3
7.Schedule 1 clause 8 amended4
Residential Tenancies Amendment Act 2016
An Act to amend the Residential Tenancies Act 1987.
[Assented to 1 December 2016]
The Parliament of Western Australia enacts as follows:
This is the Residential Tenancies Amendment Act 2016.
This Act comes into operation as follows —
(a)sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b)the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
This Act amends the Residential Tenancies Act 1987.
(1)In section 46(1) insert in alphabetical order:
notice means notice in a form approved by the Commissioner;
(2)In section 46(4) delete “before the lessor gives notice under subsection (2) of a proposed entry to the premises,” and insert:
if it would unduly inconvenience the tenant for the lessor to enter the premises as specified in a notice given under subsection (2),
(1)In section 79(2) delete the Penalty and insert:
Penalty for this subsection: a fine of $5 000.
(2)Delete section 79(3) and insert:
(3)A lessor who stores goods under subsection (2) must cause notice in or to the effect of the form approved by the Commissioner for the purposes of this subsection —
(a)to be given to the tenant within 7 days after the day on which the goods were stored; or
(b)to be —
(i)made publicly available in any manner prescribed for the purposes of this paragraph, including (without limitation) by means of a website within 7 days after the day on which the goods were stored; and
(ii)posted in a prominent position on the premises that were subject to the former agreement within 9 days after the day on which the goods were stored.
Penalty for this subsection: a fine of $5 000.
(1)In section 85(1):
(a)in paragraph (b) delete “business.” and insert:
business; or
(b)after paragraph (b) insert:
(c)with the consent of that person or in other circumstances specified in the regulations, be given or served by electronic means in accordance with the regulations.
(2)In section 85(3):
(a)delete “Any notice or document required or authorised to be given under this Act to any person whose address is unknown” and insert:
If a notice or document required or authorised to be given under this Act cannot be given or sent to a person in accordance with subsection (1), it
(b)in paragraph (a) after “throughout” insert —
all, or most of,
(c)in paragraph (b) delete “effected.” and insert:
effected; or
(d)after paragraph (b) insert:
(c)it is made publicly available in any manner prescribed for the purposes of this paragraph, including (without limitation) by means of a website.
(1)In clause 8(3) delete “prescribed form,” and insert:
form approved by the Minister,
(2)In clause 8(4)(b) delete “prescribed form” and insert:
form approved by the Minister
By Authority: JOHN A. STRIJK, Government Printer