Residential Parks (Miscellaneous) Amendment Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 4, page 3, after line 21 [clause 4(2)]—Insert:

(6) A reference in this Act to the market value of a dwelling or other asset is a reference to the estimated amount for which the dwelling or asset should exchange, at the relevant time, between a willing buyer and a willing seller in an arm's length transaction, after proper marketing and where the parties had each acted knowledgeably, prudently and without compulsion.

No. 2. Clause 6, page 3, line 28 [clause 6(1)]—Delete 'Section 7—after subsection (1) insert:' and substitute:

Section 7(1)—delete subsection (1) and substitute:

(1) The residents of a residential park may elect residents from at least 5 different occupied sites in the park to form a residents committee to represent the interests they have in common as residents of the park, on the basis that—

(a) only a resident may be a member of the committee; and

(b) except as provided in paragraph (c), each resident has a right to nominate for election to the residents committee and to participate in the election of members of the residents committee; and

(c) any resident who is employed or engaged by the park owner to assist in the management of the residential park may not be a member of the committee.

(1aa) A park owner or park owner's agent who unreasonably interferes with a resident's rights under subsection (1) is guilty of an offence.

Maximum penalty: $1,250.

No. 3. Clause 6, page 4, lines 3 and 4 [clause 6(1), inserted subsection (1b)]—Delete:

'formed but an insufficient number of residents nominated for appointment' and substitute:

elected but an insufficient number of residents nominated for election

No. 4. Clause 6, page 4, line 5 [clause 6(2)]—Delete 'Section 7—after subsection (2) insert:' and substitute:

Section 7(3) and (4)—delete subsections (3) and (4) and substitute:

No. 5. Clause 6, page 4, after line 22 [clause 6(3)]—After inserted subsection (7) insert:

(7a) The regulations may make provision for or with respect to the election, term of office, functions and procedure of residents committees.

No. 6. Clause 8, page 4, after line 33—Before subclause (1) insert:

(a1) Section 10—after subsection (2) insert:

(2a) The Commissioner must ensure that a model residential park agreement, that may be used by park owners as a guide or template when preparing their own agreements, is published on a website determined by the Commissioner.

No. 7. New clause, page 9, after line 34—Insert:

12A—Amendment of section 43—Statutory and other charges in respect of rented property

(1) Section 43(2)(b)—delete paragraph (b)

(2) Section 43—after subsection (3) insert:

(4) A resident is not required to pay the park owner any amount for, or in relation to, the supply of electricity to the rented property unless the park owner has provided the resident (at no cost) with an account specifying how much the resident is being charged for the supply of electricity (and how that amount was calculated) and, if the resident is being charged for any other related matters, itemising those matters and specifying the amount of the charge in relation to each item.

No. 8. Clause 15, page 10, line 37 [clause 15, inserted section 50A(1)]—After 'dwelling' insert:

(for a market value agreed between the personal representative or other person selling the dwelling and the park owner)

No. 9. Clause 15, page 11, after line 7 [clause 15, inserted section 50A]—After inserted subsection (2) insert:

(3) For the avoidance of doubt, nothing in this section obliges the personal representative or other person who has inherited property of the deceased to sell the dwelling to the park owner.

No. 10. Clause 18, page 12, line 11 [clause 18, inserted section 70A(3)(a)]—After 'owner' insert:

(and the proposed new residential park site agreement must constitute a reasonable offer in the circumstances)

No. 11. Clause 23, page 13, after line 24—Before the present contents of clause 23 (now to be designated as subclause (2)) insert:

(1) Section 134—after paragraph (d) insert:

(da) maintaining the register under section 135;

No. 12. New clause, page 13, after line 29—Insert:

23A—Insertion of section 135

After section 134 insert:

135—Commissioner to maintain register

(1) The Commissioner must establish and maintain a register including the following information:

(a) the name and address of each residential park in the State;

(b) the name of, and contact details for, each park owner;

(c) any other particulars prescribed by the regulations.

(2) A park owner must, by notice in writing, provide the Commissioner with such particulars relating to the residential park as are required to be entered in the register under this section and must, if there is a change in any of those particulars, advise the Commissioner, by notice in writing, of the change within 10 business days after the change occurs (or such longer period as the Commissioner may allow).

(3) The Commissioner must ensure that the information included in the register is published on a website, so as to be accessible to members of the public without charge.

No. 13. Clause 24, page 13, lines 34 and 35 [clause 24, inserted section 138A]—Delete 'the plan'

No. 14. Clause 24, page 13, after line 35 [clause 24, inserted section 138A]—Before paragraph (a) insert:

(a1) the plan complies with any requirements prescribed by the regulations; and

(b1) if the park has a residents committee—the residents committee is consulted in relation to the plan; and

No. 15. Clause 24, page 13, line 36 [clause 24, inserted section 138A(a)]—Before 'is provided' insert 'the plan'

No. 16.Clause 24, page 14, line 1 [clause 24, inserted section 138A(b)]—Before 'is reviewed' insert 'the plan'

Consideration in committee.

The Hon. V.A. CHAPMAN: I move:

That the amendments of the Legislative Council be agreed to.

I indicate that the government accepts the schedule of amendments presented by the Legislative Council. I should explain that they have been presented as a comprehensive set of amendments and essentially reflect a number of contributions by different members of the Legislative Council. As I understand it, the Leader of the Legislative Council undertook to consolidate a number of the proposals by other members in one comprehensive set of amendments, and this reflects that that has occurred.

I indicate, firstly, my appreciation to the Legislative Council for their wise consideration of the bill. It was certainly comprehensive, and I think the outcome will be an important advance as a total bill for the residential parks community.

Mr PICTON: I will just briefly make a few remarks in support of the bill and in support of the amendments. Firstly, I would like to recognise on behalf of the opposition the South Australian Residential Parks Residents Association, which has worked very closely with the shadow attorney-general, the Hon. Kyam Maher in the other place in relation to the bill and particularly in relation to the development of a suite of amendments to improve the protections for residents as part of this legislation.

I should note that, although the opposition was ready to pass the bill last year, consideration of the legislation was not able to continue because of the confusing way the government amendments were drafted. Over the Christmas break, a consolidated set of amendments was drafted, based significantly on the previous Labor amendments that were developed with the help of the residents association.

Thank you to the residents association for their hard work and commitment in terms of representing the rights of the residents. I would also like to thank the Attorney's staff for the cooperative and collaborative way in which they have worked to finalise those amendments, which provide important additional protections for residents. With those few words, I endorse the amendments and the bill to the house.

Motion carried.