Application of Act. (1) This Act does not apply to an agreement that confers on a person a right to occupy a dwelling in a residential park unless the dwelling is or is to be the person's principal place of residence. (2) For the purposes of this Act, evidence that the address of a residential park in which a person has a right to occupy a dwelling is the person's address as appearing on the electoral roll is to be taken, in the absence of proof to the contrary, to be proof that the dwelling is the person's principal place of residence. (3) This Act does not apply to an agreement that has been genuinely entered into for the purpose of conferring on a person a right to occupy a dwelling in a residential park for a holiday. (4) For the purposes of this Act— (a) an agreement conferring a right to occupy a dwelling for a fixed term of 60 days or longer; or (b) an arrangement consisting of 2 or more agreements that confer on the same person a right to occupy a dwelling for consecutive fixed terms the sum of which is 60 days or longer, is to be taken, in the absence of proof to the contrary, not to be an agreement referred to in subsection (3). (5) For the purposes of this Act, evidence that a person has occupied a dwelling in a residential park under an agreement for 60 days or longer is to be taken, in the absence of proof to the contrary, to be proof that the agreement is not an agreement referred to in subsection (3). (6) For the purposes of this Act, a term of an agreement to the effect that a right to occupy a dwelling in a residential park is conferred by the agreement for a holiday is not of itself sufficient to establish that the agreement is an agreement referred to in subsection (3). (7) This Act does not apply to— (a) an agreement giving a right of occupancy in— (i) a hotel or motel; or (ii) an educational institution, college, hospital or nursing home; or (iii) club premises; or (iv) a home for aged or disabled persons administered by an eligible organisation under the Aged or Disabled Persons Care Act 1954 of the Commonwealth; or (v) a retirement village within the meaning of the Retirement Villages Act 1987; or (vi) a supported residential facility within the meaning of the Supported Residential Facilities Act 1992; or (vii) premises prescribed by regulation, or premises of a class prescribed by regulation; or (b) an agreement under which a person boards or lodges with another; or (c) an agreement for the sale of land or a dwelling, or both, that confers a right to occupy the land or dwelling, or both, on a party to the agreement; or (d) a mortgage; or (e) an agreement prescribed by regulation, or an agreement of a class prescribed by regulation.
Appears in 2 contracts
Sources: Residential Park Agreement, Residential Park Agreement