Residential Parks (Long-stay Tenants) Act 2006
Residential Tenancies Act 1987
Commerce Regulations Amendment (Residential Tenancies and Residential Parks) Regulations 2026
Residential Parks (Long-stay Tenants) Act 2006
Residential Tenancies Act 1987
Commerce Regulations Amendment (Residential Tenancies and Residential Parks) Regulations 2026
Western Australia
Commerce Regulations Amendment (Residential Tenancies and Residential Parks) Regulations 2026
Contents
Part 1 — Preliminary
1.Citation1
2.Commencement1
Part 2 — Residential Parks (Long‑stay Tenants) Regulations 2007 amended
3.Regulations amended2
4.Regulation 3 amended2
5.Regulation 16A replaced2
16A.Service by electronic means (Act s. 91(1)(c))2
6.Regulation 17 deleted4
7.Regulation 18 replaced4
18.Disposal of security bond amounts: general (Act s. 94(c))4
18A.Relevant party4
18B.Application for release of security bond4
18C.Application for partial release of security bond6
18D.Notice of security bond release application to other relevant parties7
18E.Agreeing to security bond release application7
18F.Disputing security bond release application8
18G.Payment of security bond with agreement of all relevant parties8
18H.Payment of security bond in accordance with State Administrative Tribunal order9
8.Regulation 19 amended9
9.Regulation 27 deleted10
10.Regulation 29 inserted10
29.Transitional provision for Commerce Regulations Amendment (Residential Tenancies and Residential Parks) Regulations 202610
11.Schedule 11 Division 2 amended11
Part 3 — Residential Tenancies Regulations 1989 amended
12.Regulations amended12
13.Regulation 3A amended12
14.Regulation 5AB amended13
15.Regulation 5ACA inserted13
5ACA.Modified application of Act s. 27C(1) for Housing Authority13
16.Regulation 5AD amended14
17.Regulations 5AE to 5AH inserted15
5AE.Exemption of Housing Authority from Act s. 27C(4) if agreement terminated under Act s. 60(1)(i)15
5AF.Modified application of Act s. 27C(4) for WA Country Health Service: tenancy longer than 3 months16
5AG.Modified application of Act s. 27C(4) for WA Country Health Service: tenancy 3 months or less and no shared accommodation17
5AH.Exemption of WA Country Health Service from Act s. 27C(1) and (4): tenancy 3 months or less and shared accommodation19
18.Regulation 5BA deleted19
19.Regulation 5B amended19
20.Regulation 5CB inserted20
5CB.Modified application of Act s. 3120
21.Regulations 5E and 5F inserted21
5E.Modified application of Act s. 40(2) for Housing Authority if previous agreement terminated under Act s. 60(1)(i)21
5F.Modified application of Act s. 42(2)(a) for Housing Authority if previous agreement terminated under Act s. 60(1)(i)22
22.Regulation 7AA to 7AF inserted23
7AA.Modified application of Act s. 50B23
7AB.Modified application of Act s. 50F24
7AC.Modified application of Act s. 50G24
7AD.Modified application of Act s. 50O24
7AE.Modified application of Act s. 50T25
7AF.Modified application of Act s. 50U26
23.Regulation 7F replaced26
7EA.Exemption from Act s. 79 for Housing Authority if agreement terminated under Act s. 60(1)(i)26
7EB.Exemption from Act s. 80A for Housing Authority if agreement terminated under Act s. 60(1)(i)27
7F.Exemptions from Act s. 8227
24.Regulation 7H deleted28
25.Regulation 7IA inserted28
7IA.Use of BondsOnline eTransactions subject to terms and conditions28
26.Regulation 7 amended28
27.Regulation 10A amended29
28.Regulation 11A inserted29
11A.Way in which security bond must be paid for Act s. 29(5)29
29.Regulation 12BB amended30
30.Regulations 12F to 12I inserted31
12F.Property manager must make security bond release application using BondsOnline eTransactions31
12G.Way of giving bond administrator notice prescribed for Act s. 81G(2) and 81H(2)32
12H.Way bond administrator must deal with unclaimed security bond prescribed for Act s. 81T(2)32
12I.Prescribed circumstances and prescribed electronic means for purposes of Act s. 85(1)(c)33
31.Regulation 15 replaced34
15.Dealing with unclaimed security bonds generally34
16.Dealing with unclaimed security bonds if tenant has died36
32.Regulation 20 inserted38
20.Transitional provision — Commerce Regulations Amendment (Residential Tenancies and Residential Parks) Regulations 202638
33.Schedule 3 amended38
34.Schedule 5 amended39
Residential Parks (Long‑stay Tenants) Act 2006
Residential Tenancies Act 1987
Commerce Regulations Amendment (Residential Tenancies and Residential Parks) Regulations 2026
Made by the Governor in Executive Council.
These regulations come into operation as follows —
(a)Part 1 — on the day on which these regulations are published on the WA legislation website;
(b)the rest of the regulations — on the day on which the Residential Tenancies Amendment Act 2024 section 43 comes into operation.
Part 2 — Residential Parks (Long‑stay Tenants) Regulations 2007 amended
This Part amends the Residential Parks (Long‑stay Tenants) Regulations 2007.
In regulation 3 insert in alphabetical order:
relevant party has the meaning given in regulation 18A;
Note: The heading to amended regulation 3 is to read:
Terms used
Delete regulation 16A and insert:
16A.Service by electronic means (Act s. 91(1)(c))
(1)In this regulation —
BondsOnline eTransactions means the electronic system known as BondsOnline eTransactions that —
(a)is administered by the bond administrator and accessible through the Department’s website; and
(b)facilitates payments, applications and other processes under the Act in relation to security bonds;
Department’s website means a website maintained by, or on behalf of, the Department.
(2)For the purposes of section 91(1)(c) of the Act —
(a)if the long‑stay tenant and park operator agree as mentioned in section 91(1)(c) of the Act — either the long‑stay tenant or park operator (each the sender) may give a document to the other (the recipient) by sending the document by email to the email address given to the sender by the recipient; and
(b)if the bond administrator is required to give a person a notice under regulation 18D(2) or 19(3), the notice may be given by sending the notice by email to the email address of the person provided to the bond administrator together with —
(i)a record of the payment by the person of a security bond given under section 22(1)(b) of the Act; or
(ii)a security bond release application made under regulation 18B(1);
and
(c)if a person is required to give the bond administrator a notice under regulation 18E(2) or 18F(2), the notice may be given in 1 of the following ways —
(i)using BondsOnline eTransactions;
(ii)using any other electronic system, administered by the bond administrator and accessible through the Department’s website, that facilitates applications and other processes under the Act in relation to security bonds;
(iii)if the bond administrator consents, by sending the notice by email to the email address provided by the bond administrator.
Delete regulation 17.
Delete regulation 18 and insert:
18.Disposal of security bond amounts: general (Act s. 94(c))
For the purposes of section 94(c) of the Act, a security bond amount must be paid out by the bond administrator in accordance with regulation 18G, 18H or 19.
A person is a relevant party in relation to a long‑stay agreement if —
(a)the person is a party or former party to the long‑stay agreement; and
(b)the security bond amount in respect of the long‑stay agreement is held in the person’s name.
18B.Application for release of security bond
(1)One, some or all of the relevant parties to a long‑stay agreement may apply to the bond administrator, in the form approved by the bond administrator, for the security bond held in respect of the agreement to be paid out (a security bond release application).
(2)The security bond release application must state the amount of the security bond to be paid to each relevant party to the long‑stay agreement.
(3)The security bond release application must not be made before the long‑stay agreement terminates.
(4)However, the security bond release application may be made before the long‑stay agreement terminates if —
(a)the long‑stay tenant or, if there are 2 or more long‑stay tenants, all of the long‑stay tenants deliver up vacant possession of the premises; and
(b)the parties to the long‑stay agreement agree in writing to terminate the agreement.
(5)The park operator must not ask or require a long‑stay tenant or former long‑stay tenant to sign a security bond release application unless —
(a)the long‑stay agreement has terminated or subregulation (4) or regulation 18C applies; and
(b)the application states the amount of the security bond (if any) to be paid to the park operator and the long‑stay tenant or former long‑stay tenant or, if there are 2 or more long‑stay tenants or former long‑stay tenants, each long‑stay tenant or former long‑stay tenant.
Penalty for this subregulation: a fine of $5 000.
18C.Application for partial release of security bond
(1)A security bond release application under regulation 18B may apply for —
(a)only part of the security bond held in respect of the agreement to be paid out; and
(b)that part of the security bond to be paid to the long‑stay tenant or former long‑stay tenant or, if there are 2 or more long‑stay tenants or former long‑stay tenants, 1 or more of the long‑stay tenants or former long‑stay tenants.
(2)An application may be made under subregulation (1) only if —
(a)the rent payable under the long‑stay agreement has been reduced; or
(b)the long‑stay tenant or former long‑stay tenant paid the prescribed amount under section 21(2)(b) of the Act in relation to a pet that the long‑stay tenant or former long‑stay tenant was permitted to keep at the premises and the pet is no longer being kept at the premises.
(3)Regulation 18B(3) does not apply in relation to an application under subregulation (1).
(4)These regulations apply to a security bond release application under subregulation (1) as if a reference in these regulations to a security bond were a reference to the part of the security bond to which the application relates.
18D.Notice of security bond release application to other relevant parties
(1)This regulation applies if a security bond release application for a long‑stay agreement is not made by each person known to the bond administrator as a relevant party to the agreement (a known party).
(2)The bond administrator must give written notice of the security bond release application to each known party who did not make the application.
(3)The notice must state that, during the notice period, the party may —
(a)agree to the security bond release application or a variation of the application under regulation 18E; or
(b)dispute the security bond release application under regulation 18F.
(4)For the purposes of subregulation (3), the notice period is the period —
(a)starting when the party is given the notice under subregulation (2); and
(b)ending on the day stated in the notice as the day on which the notice period ends.
18E.Agreeing to security bond release application
(1)A relevant party to a long‑stay agreement given notice of a security bond release application under regulation 18D(2) may agree to the application or a variation of the application.
(2)The relevant party agrees to the security bond release application or varied application by giving the bond administrator written notice of the relevant party’s agreement to the security bond being paid in accordance with the application or varied application.
(3)The bond administrator may accept notice of the relevant party’s agreement after the notice period ends.
18F.Disputing security bond release application
(1)A relevant party to a long‑stay agreement given notice of a security bond release application under regulation 18D(2) may dispute the application.
(2)The relevant party disputes the security bond release application by giving the bond administrator written notice of the relevant party’s dispute with the security bond being paid in accordance with the application.
(3)If a relevant party disputes the security bond release application under this regulation, the bond administrator must notify the other relevant parties to the long‑stay agreement of the dispute.
18G.Payment of security bond with agreement of all relevant parties
(1)This regulation applies if each person the bond administrator knows is a relevant party to a long‑stay agreement (a known party) —
(a)makes a security bond release application in relation to the agreement; or
(b)agrees to the application under regulation 18E or otherwise; or
(c)agrees to a variation of the application under regulation 18E or otherwise.
(2)The bond administrator must pay the security bond to the persons and in the amounts stated in the security bond release application or varied application.
18H.Payment of security bond in accordance with State Administrative Tribunal order
(1)This regulation applies if the State Administrative Tribunal makes an order about the payment of the security bond held in respect of a long‑stay agreement.
(2)The bond administrator must pay the security bond to the persons and in the amounts stated in the order.
(3)This regulation applies despite any other provision in these regulations and whether or not a security bond release application is made in relation to the security bond.
(1)In regulation 19(1) insert in alphabetical order:
former regulation 18 means regulation 18 as in force from time to time before the day on which the Commerce Regulations Amendment (Residential Tenancies and Residential Parks) Regulations 2026 Part 2 comes into operation;
(2)In regulation 19(2)(b) after “with” insert:
regulation 18G or 18H or former
(3)In regulation 19(3)(b) delete “18(2)(a)” and insert:
18B
(4)In regulation 19(6) delete “Regulation 18(2) and (3)” and insert:
Regulations 18G and 18H
Delete regulation 27.
After regulation 28 insert:
29.Transitional provision for Commerce Regulations Amendment (Residential Tenancies and Residential Parks) Regulations 2026
(1)In this regulation —
amendment regulations means the Commerce Regulations Amendment (Residential Tenancies and Residential Parks) Regulations 2026;
commencement day means the day on which Part 2 of the amendment regulations comes into operation;
existing bond application means an application for the payment of a security bond amount —
(a)that was made, but not withdrawn, before commencement day; and
(b)in relation to which the security bond amount was not paid by the bond administrator under former regulation 18(2) before commencement day;
former, in relation to a provision of these regulations, means the provision as in force from time to time before commencement day.
(2)The bond administrator may continue to deal with an existing bond application under former regulation 18 as if the amendment regulations had not been made.
11.Schedule 11 Division 2 amended
In Schedule 11 Division 2 after the item for regulation 7(6) insert:
|
r. 18B(5) |
Unlawfully asking or requiring tenant to sign security bond release application |
$1 000 |
Part 3 — Residential Tenancies Regulations 1989 amended
This Part amends the Residential Tenancies Regulations 1989.
(1)In regulation 3A delete the definition of Housing Authority.
(2)In regulation 3A insert in alphabetical order:
BondsOnline eTransactions means the electronic system known as BondsOnline eTransactions that —
(a)is administered by the bond administrator and accessible through the Department’s website; and
(b)facilitates payments, applications and other processes under the Act in relation to security bonds;
Department’s website means a website maintained by, or on behalf of, the Department;
WA Country Health Service means the health service provider with the corporate name “WA Country Health Service” established under the Health Services (Health Service Providers) Order 2016 clause 14(1).
(3)In regulation 3A in the definition of installing delete “altering.” and insert:
altering;
After regulation 5AB(b) insert:
(ba)a residential tenancy agreement if —
(i)the WA Country Health Service is the tenant under the agreement; and
(ii)the agreement provides that, or is deemed to contain a provision to the effect that, the tenant may sub‑let the premises; and
(iii)the WA Country Health Service entered into the agreement on the basis that the premises will be sub‑let to a person employed or engaged by the WA Country Health Service;
After regulation 5AC insert:
5ACA.Modified application of Act s. 27C(1) for Housing Authority
(1)This regulation applies if —
(a)a residential tenancy agreement (the previous agreement) for residential premises (the premises) has terminated under section 60(1)(i) of the Act; and
(b)a person who was occupying the premises immediately before the previous agreement terminated is the tenant under a residential tenancy agreement (the current agreement) for the premises; and
(c)the Housing Authority was the lessor under the previous agreement and is the lessor under the current agreement.
(2)Under section 6(b) of the Act it is provided that section 27C(1) of the Act applies to the premises and, under section 6(c) of the Act, to the Housing Authority and a property manager acting on behalf of the Housing Authority as if it were modified by deleting “7 days after a tenant has entered into occupation of residential premises under” and inserting:
14 days after a tenant has signed
In regulation 5AD(3):
(a)delete “Housing Authority,” and insert:
Housing Authority and a property manager acting on behalf of the Housing Authority,
(b)in paragraph (b) in the inserted text delete “(5A)” and insert:
(4AA)
(c)in paragraph (b) in the inserted text delete “The Housing Authority is not required to comply with subsection (4) within 28 days after the termination of a tenancy if, in that period, it” and insert:
The Housing Authority or a property manager acting on behalf of the Housing Authority is not required to comply with subsection (4) within 28 days after the termination of a tenancy if, in that period, the Housing Authority or property manager
(d)in paragraph (b) in the inserted text paragraph (b) after “Housing Authority” insert:
or property manager
17.Regulations 5AE to 5AH inserted
After regulation 5AD insert:
5AE.Exemption of Housing Authority from Act s. 27C(4) if agreement terminated under Act s. 60(1)(i)
(1)This regulation applies if —
(a)a residential tenancy agreement (the previous agreement) for residential premises (the premises) has terminated under section 60(1)(i) of the Act; and
(b)the Housing Authority was the lessor under the previous agreement; and
(c)the Housing Authority intends to enter into as lessor, or is the lessor under, a new residential tenancy agreement for the premises with a person who occupied the premises immediately before the previous agreement terminated.
(2)Under section 6(b) of the Act it is provided that section 27C(4) of the Act does not apply to the premises or, under section 6(c) of the Act, to the Housing Authority or a property manager acting on behalf of the Housing Authority.
5AF.Modified application of Act s. 27C(4) for WA Country Health Service: tenancy longer than 3 months
(1)This regulation applies if —
(a)the WA Country Health Service is the lessor under a residential tenancy agreement for residential premises (the premises) that are located more than 100 km from the nearest office of the WA Country Health Service; and
(b)the agreement is for a fixed term of more than 3 months; and
(c)a tenant under the agreement is employed or engaged by the WA Country Health Service.
(2)Under section 6(b) of the Act it is provided that section 27C of the Act applies to the premises and, under section 6(c) of the Act, to the WA Country Health Service and a property manager acting on behalf of the WA Country Health Service as if it were modified as follows:
(a)in subsection (4) delete “14 days,” and insert:
28 days,
(b)before subsection (4A) insert:
(4AB)The WA Country Health Service or a property manager acting on behalf of the WA Country Health Service is not required to comply with subsection (4) within 28 days after the termination of a tenancy if, in that period, the WA Country Health Service or property manager is unable to inspect the residential premises because of weather conditions or road closure.
(4AC)In subsection (4AB) —
WA Country Health Service means the health service provider with the corporate name “WA Country Health Service” established under the Health Services (Health Service Providers) Order 2016 clause 14(1).
5AG.Modified application of Act s. 27C(4) for WA Country Health Service: tenancy 3 months or less and no shared accommodation
(1)This regulation applies if —
(a)the WA Country Health Service is the lessor under a residential tenancy agreement for residential premises (the premises) that are located more than 100 km from the nearest office of the WA Country Health Service; and
(b)the agreement is for a fixed term of 3 months or less; and
(c)a tenant under the agreement is employed or engaged by the WA Country Health Service; and
(d)the WA Country Health Service does not provide shared accommodation to its employees or contractors at the premises.
(2)Under section 6(b) of the Act it is provided that section 27C of the Act applies to the premises and, under section 6(c) of the Act, to the WA Country Health Service and a property manager acting on behalf of the WA Country Health Service as if it were modified as follows:
(a)in subsection (4) delete “14 days,” and insert:
28 days,
(b)before subsection (4A) insert:
(4AB)The WA Country Health Service or a property manager acting on behalf of the WA Country Health Service is not required to comply with subsection (4) within 28 days after the termination of a tenancy if, in that period, the WA Country Health Service or property manager is unable to inspect the residential premises because of weather conditions or road closure.
(4AC)In subsection (4AB) —
WA Country Health Service means the health service provider with the corporate name “WA Country Health Service” established under the Health Services (Health Service Providers) Order 2016 clause 14(1).
5AH.Exemption of WA Country Health Service from Act s. 27C(1) and (4): tenancy 3 months or less and shared accommodation
(1)This regulation applies if —
(a)the WA Country Health Service is the lessor under a residential tenancy agreement for residential premises (the premises) that are located more than 100 km from the nearest office of the WA Country Health Service; and
(b)the agreement is for a fixed term of 3 months or less; and
(c)a tenant under the agreement is employed or engaged by the WA Country Health Service; and
(d)the WA Country Health Service provides shared accommodation to its employees or contractors at the premises.
(2)Under section 6(b) of the Act it is provided that section 27C(1) and (4) of the Act do not apply to the premises or, under section 6(c) of the Act, to the WA Country Health Service or a property manager acting on behalf of the WA Country Health Service.
Delete regulation 5BA.
In regulation 5B(2A):
(a)in paragraph (b)(ii) delete “1964.” and insert:
1964;
(b)after paragraph (b) insert:
(c)a residential tenancy agreement if —
(i)the lessor is the WA Country Health Service; and
(ii)a tenant under the agreement is employed or engaged by the WA Country Health Service.
After regulation 5CA insert:
5CB.Modified application of Act s. 31
Under section 6(b) of the Act it is provided that section 31 of the Act applies to premises as if it were modified as follows:
(a)in subsection (1A) delete “notice of increase in rent is given under section 30 or 31A” and insert:
relevant event occurs
(b)after subsection (1A) insert:
(1AA)For the purposes of subsection (1A), each of the following is a relevant event —
(a)the lessor gives the tenant a notice of increase of rent under section 30 or 31A;
(b)the lessor gives the tenant notice that the lessor approves the tenant’s request to keep a pet at the premises under section 50B(4);
(c)the lessor is taken to approve the tenant’s request to keep a pet at the premises under section 50B(5);
(d)the Commissioner gives the lessor and the tenant notice of an order to consent to the tenant’s request to keep a pet at the premises under section 50E(2)(b) or 50G(2)(a).
(c)in subsection (1B)(b) delete “before the rent increase the subject of the notice given under section 30 or 31A” and insert:
if a notice of increase of rent is given to the tenant under section 30 or 31A — before the rent increase the subject of the notice
21.Regulations 5E and 5F inserted
After regulation 5D insert:
5E.Modified application of Act s. 40(2) for Housing Authority if previous agreement terminated under Act s. 60(1)(i)
(1)This regulation applies to a residential tenancy agreement (the current agreement) for residential premises if —
(a)another residential tenancy agreement (the previous agreement) for the premises has terminated under section 60(1)(i) of the Act; and
(b)the Housing Authority was the lessor under the previous agreement and is the lessor under the current agreement; and
(c)a tenant under the current agreement was occupying the premises immediately before the previous agreement terminated.
(2)Under section 6(a) of the Act it is provided that section 40(2) of the Act applies to a residential tenancy agreement as if it were modified by deleting “vacant”.
5F.Modified application of Act s. 42(2)(a) for Housing Authority if previous agreement terminated under Act s. 60(1)(i)
(1)This regulation applies to a residential tenancy agreement (the current agreement) for residential premises if —
(a)another residential tenancy agreement (the previous agreement) for the premises has terminated under section 60(1)(i) of the Act; and
(b)the Housing Authority was the lessor under the previous agreement and is the lessor under the current agreement; and
(c)a tenant under the current agreement was occupying the premises immediately before the previous agreement terminated.
(2)Under section 6(a) of the Act it is provided that section 42(2)(a) of the Act applies to a residential tenancy agreement as if it were modified by deleting “vacant possession of the premises in a reasonable state of cleanliness and a reasonable state of repair having regard to its age and character; and” and inserting:
possession of the premises; and
22.Regulation 7AA to 7AF inserted
After regulation 7A insert:
7AA.Modified application of Act s. 50B
Under section 6(b) of the Act it is provided that section 50B of the Act applies to premises as if it were modified by inserting the following after section 50B(5):
(6)Subsection (5)(b) does not apply if, within 14 days after the day on which the lessor receives the request, the lessor —
(a)approves the tenant’s request under subsection (4); or
(b)refuses the tenant’s request on grounds permitted under section 50D(a) or (c) and complies with subsection (4)(d).
(7)The lessor’s approval of the tenant’s request under subsection (4) or (5) is taken to be without conditions (other than the conditions permitted under section 50C(a)) if the lessor does not apply to the Commissioner for approval to impose conditions within 14 days after the day on which the lessor receives the request.
7AB.Modified application of Act s. 50F
Under section 6(b) of the Act it is provided that section 50F of the Act applies to premises as if it were modified by inserting the following after section 50F(2):
(2A)The application must be made within 14 days after the day on which the lessor receives the tenant’s request for consent.
7AC.Modified application of Act s. 50G
Under section 6(b) of the Act it is provided that section 50G of the Act applies to premises as if it were modified by inserting the following after section 50G(1):
(1A)An application cannot be made under subsection (1) unless the lessor has refused the tenant’s request on grounds permitted under section 50D(a) or (c).
7AD.Modified application of Act s. 50O
Under section 6(b) of the Act it is provided that section 50O of the Act applies to premises as if it were modified as follows:
(a)in section 50O(5)(a) delete “and” and insert:
or
(b)after section 50O(5) insert:
(6)Subsection (5)(b) does not apply if, within 14 days after the day on which the lessor receives the request, the lessor —
(a)approves the tenant’s request under subsection (4); or
(b)refuses the tenant’s request on grounds permitted under section 50Q(a), (b), (c), (d) or (f) and complies with subsection (4)(d).
(7)The lessor’s approval of the tenant’s request under subsection (4) or (5) is taken to be without conditions (other than the conditions permitted under section 50P(a) or (b)) if the lessor does not apply to the Commissioner for approval to impose conditions within 14 days after the day on which the lessor receives the request.
7AE.Modified application of Act s. 50T
Under section 6(b) of the Act it is provided that section 50T of the Act applies to premises as if it were modified by inserting the following after section 50T(2):
(2A)The application must be made within 14 days after the day on which the lessor receives the tenant’s request for consent.
7AF.Modified application of Act s. 50U
Under section 6(b) of the Act it is provided that section 50U of the Act applies to premises as if it were modified by inserting the following after section 50U(1):
(1A)An application cannot be made under subsection (1) unless the lessor has refused the tenant’s request on grounds permitted under section 50Q(a), (b), (c), (d) or (f).
Delete regulation 7F and insert:
7EA.Exemption from Act s. 79 for Housing Authority if agreement terminated under Act s. 60(1)(i)
Under section 6(a) of the Act it is provided that section 79 of the Act does not apply in relation to a residential agreement for residential premises if —
(a)the agreement has terminated under section 60(1)(i) of the Act; and
(b)the Housing Authority was the lessor under the agreement; and
(c)the premises are occupied by a person who occupied the premises immediately before the agreement terminated; and
(d)the Housing Authority has not given the person written notice that the Housing Authority intends to recover possession of the premises.
7EB.Exemption from Act s. 80A for Housing Authority if agreement terminated under Act s. 60(1)(i)
Under section 6(a) of the Act it is provided that section 80A of the Act does not apply in relation to a residential tenancy agreement for residential premises if —
(a)the agreement has terminated under section 60(1)(i) of the Act; and
(b)the Housing Authority was the lessor under the agreement; and
(c)the premises are occupied by a person who occupied the premises immediately before the agreement terminated; and
(d)the Housing Authority has not given the person written notice that the Housing Authority intends to recover possession of the premises.
Under section 6(a) of the Act it is provided that section 82 of the Act does not apply to the following —
(a)a residential tenancy agreement if —
(i)the Housing Authority is a party to the agreement; and
(ii)the agreement provides that, or is deemed to contain a provision to the effect that, the tenant may sub‑let the premises; and
(iii)the Housing Authority entered into the agreement on the basis that the premises will be sub‑let;
(b)a residential tenancy agreement if —
(i)the WA Country Health Service is the tenant under the agreement; and
(ii)the agreement provides that, or is deemed to contain a provision to the effect that, the tenant may sub‑let the premises; and
(iii)the WA Country Health Service entered into the agreement on the basis that the premises will be sub‑let to a person employed or engaged by the WA Country Health Service.
Delete regulation 7H.
At the beginning of Part 3 insert:
7IA.Use of BondsOnline eTransactions subject to terms and conditions
Use of BondsOnline eTransactions is subject to any terms and conditions determined from time to time by the bond administrator and published on the Department’s website.
(1)Before regulation 7(1)(aa) insert:
(aaa)an application under section 15(1A) of the Act;
(2)Delete regulation 7(1)(e).
In regulation 10A delete “$260” and insert:
$350
After regulation 11 insert:
11A.Way in which security bond must be paid for Act s. 29(5)
(1)For the purposes of section 29(5) of the Act, this regulation sets out the way in which a security bond must be paid to the bond administrator.
(2)If the premises are not managed by a property manager, the security bond must be paid to the bond administrator in an approved way.
(3)If the premises are managed by a property manager, the security bond must be paid to the bond administrator —
(a)if subregulation (4) applies — in an approved way but not by using BondsOnline eTransactions; or
(b)otherwise — using BondsOnline eTransactions.
(4)This subregulation applies if —
(a)the tenant does not have 1 or more of the following —
(i)a mobile telephone number used exclusively by the tenant;
(ii)an email address used exclusively by the tenant;
(iii)internet access to check their email account;
(iv)competence in the use of a mobile telephone or email;
(v)a sound understanding of the English language;
or
(b)the bond administrator has agreed to the payment being made in accordance with subregulation (3)(a).
(5)For the purposes of this regulation, a security bond is paid in an approved way if it is paid in a way that is —
(a)approved under subregulation (6); and
(b)published under subregulation (7).
(6)The bond administrator may approve ways (including electronic ways) of making payment for the purposes of this regulation.
(7)The bond administrator must ensure that a list of the ways of making payment approved under subregulation (6) is published on the Department’s website.
Delete regulation 12BB(2) and insert:
(2)For the purposes of section 50E(3)(f) of the Act, each of the following is a prescribed ground —
(a)the pet is a dangerous dog;
(b)keeping the pet at the premises is likely to cause a tenant under a residential tenancy agreement in respect of the premises (other than the tenant who made the request for consent) undue hardship.
30.Regulations 12F to 12I inserted
After regulation 12E insert:
12F.Property manager must make security bond release application using BondsOnline eTransactions
(1)If a security bond release application is made by a property manager, the application must be made using BondsOnline eTransactions.
(2)Subregulation (1) does not apply if —
(a)the tenant does not have 1 or more of the following —
(i)a mobile telephone number used exclusively by the tenant;
(ii)an email address used exclusively by the tenant;
(iii)internet access to check their email account;
(iv)competence in the use of a mobile telephone or email;
(v)a sound understanding of the English language;
or
(b)the application relates to the disposal of a security bond to an overseas bank account; or
(c)the application relates to the transfer of a security bond from 1 property to another; or
(d)the bond administrator has approved the application being made otherwise than by using BondsOnline eTransactions.
12G.Way of giving bond administrator notice prescribed for Act s. 81G(2) and 81H(2)
For the purposes of sections 81G(2) and 81H(2) of the Act, a party must give the bond administrator written notice that the party agrees to or disputes a security bond release application in 1 of the following ways —
(a)using BondsOnline eTransactions;
(b)using any other electronic system, administered by the bond administrator and accessible through the Department’s website, that facilitates applications and other processes under the Act in relation to security bonds;
(c)in accordance with section 85(1)(a) or (b) of the Act;
(d)if the bond administrator consents, by sending the notice by email to the email address provided by the bond administrator.
12H.Way bond administrator must deal with unclaimed security bond prescribed for Act s. 81T(2)
For the purposes of section 81T(2) of the Act, the bond administrator must deal with the security bond, or part of the security bond, in accordance with regulations 15 and 16.
12I.Prescribed circumstances and prescribed electronic means for purposes of Act s. 85(1)(c)
(1)In this regulation —
authorised notice means a notice required or authorised to be given under section 11F(2), 11G(1), 11J(1), 11L(2), 81F(2) or 81Q(1) of the Act or regulation 15(2).
(2)For the purposes of section 85(1)(c) of the Act —
(a)the other prescribed circumstances in which an authorised notice may be given to or served on a person by prescribed electronic means are that the email address of the person has been provided to the bond administrator together with —
(i)a record of the payment by the person of a bond lodged under section 29(4)(c) of the Act; or
(ii)a security bond release application made under section 81C of the Act;
and
(b)the prescribed electronic means by which an authorised notice may be given to or served on a person is by sending the notice by email to the email address of the person.
Delete regulation 15 and insert:
15.Dealing with unclaimed security bonds generally
(1)This regulation applies if an amount of a security bond for a residential tenancy agreement is unclaimed as referred to in section 81T(1) of the Act.
(2)The bond administrator must give notice in writing to the lessor and the tenant in whose names the security bond is held —
(a)informing them that the bond administrator has reason to believe that 6 months have elapsed since the termination of the residential tenancy agreement and that the security bond for the agreement, or part of the security bond, has not been paid to any of the parties to the agreement under Part 5A Division 2 of the Act; and
(b)inviting them to apply under the Act for disposal of the security bond; and
(c)notifying them that if the security bond is still in the bond administrator’s possession after 60 days from the date of the notice the amount will be paid to the Unclaimed Security Bond Account.
(3)The bond administrator is not required to give notice under subregulation (2) to a person if —
(a)under section 81K(3), 81L(3) or 81N(2) of the Act, the bond administrator must pay an amount of the security bond to the person; and
(b)the bond administrator has paid the amount to the person.
(4)The bond administrator is not required to give notice under subregulation (2) to a person if the bond administrator —
(a)is satisfied that the person (the deceased person) has died; and
(b)has not been given any of the following —
(i)evidence of probate of the will of the deceased person;
(ii)evidence of administration of the estate of the deceased person;
(iii)notice in writing of any will of the deceased person and of intention to prove it;
(iv)notice in writing of an intention to apply for administration of the estate of the deceased person.
(5)If after 60 days from the date of a notice under subregulation (2) the security bond is still in the bond administrator’s possession, the bond administrator must pay the amount to the Unclaimed Security Bond Account.
(6)If, because of subregulation (4), the bond administrator is not required to give any notice under subregulation (2) in relation to the security bond, the bond administrator must pay the amount to the Unclaimed Security Bond Account.
(7)A security bond that remains in the Unclaimed Security Bond Account at the expiration of 6 years from the day on which it is paid into that account must be paid into the Consolidated Account.
(8)Part III Divisions 1 and 2 and Part 5A of the Act and regulation 16 apply to a security bond while it is in the Unclaimed Security Bond Account.
(9)For the purposes of this regulation, the bond administrator must establish in the Rental Accommodation Account referred to in Schedule 1 clause 3 of the Act an account called the Unclaimed Security Bond Account.
(10)In this regulation —
security bond includes part of a security bond;
Unclaimed Security Bond Account means the account established under subregulation (9).
16.Dealing with unclaimed security bonds if tenant has died
(1)This regulation applies if —
(a)an amount of a security bond for a residential tenancy agreement is unclaimed as referred to in section 81T(1) of the Act; and
(b)the amount is less than $50 000; and
(c)the bond administrator is satisfied that the tenant, or if there are co‑tenants, a co‑tenant (the deceased tenant) has died; and
(d)both of the following periods have ended —
(i)the period of 6 months beginning on the day on which the agreement was terminated;
(ii)the period of 6 months beginning on the day on which the deceased tenant died;
and
(e)the bond administrator has not been given any of the following —
(i)evidence of probate of the will of the deceased tenant;
(ii)evidence of administration of the estate of the deceased tenant;
(iii)notice in writing of any will of the deceased tenant and of intention to prove it;
(iv)notice in writing of an intention to apply for administration of the estate of the deceased tenant.
(2)The bond administrator may dispose of all or part of the deceased tenant’s portion of the security bond by doing either or both of the following —
(a)reimbursing a person who has incurred or paid all or part of the deceased tenant’s funeral expenses;
(b)paying all or part of the deceased tenant’s portion of the security bond to 1 or more eligible persons.
(3)For the purposes of subregulation (2)(b), a person is an eligible person in relation to the deceased tenant if the bond administrator is satisfied that the person —
(a)was, immediately before the deceased tenant’s death, the spouse or de facto partner of the deceased tenant; or
(b)is a parent or child of the deceased tenant.
At the end of Part 4 insert:
20.Transitional provision — Commerce Regulations Amendment (Residential Tenancies and Residential Parks) Regulations 2026
(1)In this regulation —
commencement day means the day on which the Commerce Regulations Amendment (Residential Tenancies and Residential Parks) Regulations 2026 Part 3 comes into operation;
former regulation 15(2) means regulation 15(2) as in force from time to time before commencement day.
(2)The bond administrator is not required to give notice under regulation 15(2) to a person in relation to a security bond if the bond administrator has given the person a notice under former regulation 15(2) in relation to the security bond.
In Schedule 3 item 2 delete “clause 8(3) of Schedule 1 to” and insert:
section 18A(3) of
In Schedule 5 under the heading “Offences under Residential Tenancies Act 1987” after the item for section 80 insert:
|
s. 81C(5) |
Unlawfully asking or requiring tenant to sign security bond release application |
$1 000 |
A. O’SULLIVAN, Clerk of the Executive Council
© State of Western Australia 2026. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2026. By Authority: ROGER JACOBS, Acting Government Printer