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PART 1 58
PRELIMINARY 58 Citation 58 Commencement 58 Revocation 58 Interpretation 58 Fees 58 PART 2 59 CRUELTY TO ANIMALS 59 Ill treatment of animals 59 Use of electroimmobilisers for controlling animals 59 Use of certain other electrical devices for controlling animals 61 Prohibited medical or surgical procedures 61 PART 3 63 REGULATION OF ACTIVITIES 63 Codes of practice 63 Use of steel jaw traps prohibited in certain circumstances 63 Use of gel to catch or deter birds prohibited 63 Size of cages for domestic fowls 63 PART 4 66 TEACHING AND RESEARCH INVOLVING ANIMALS 66 Certain research prohibited except for limited purposes 66 Application for licence under Part 4 of the Act 66 Annual reports of animal ethics committee 66 PART 5 68 MISCELLANEOUS 68 Permits to hold rodeos 68 Act does not render unlawful practices that are in accordance with prescribed codes of practice 68 SCHEDULE 1 69 Fees 69
SCHEDULE 2 70 Codes of Practice 70 Citation 76 Commencement 76 Variation of reg. 4—Exemptions 76 Citation 83 Commencement 83 Variation of reg. 4—Short fixed term tenancies 83 Variation of reg. 12—Notice of termination—landlords 83 Variation of reg. 13—Notice of termination—tenants 85 Variation of reg. 14—Abandoned goods 85 Variation of reg. 17—Application to Tribunal 85 Substitution of Schedules 1 to 8 85 SCHEDULE 85 Forms 85
─────────────────── Citation 000000001. The Residential Tenancies (General) Regulations 1995 (see Gazette 23 November 1995 p. 1427), as varied, are referred to in these regulations as "the principal regulations". Commencement 2. These regulations will come into operation on 28 February 2000. Variation of reg. 4—Short fixed term tenancies 3. Regulation 4 of the principal regulations is varied— (a) by striking out from subregulation (1) "schedule 1 (Part A)" and substituting "Part A of Form 1 in the Schedule"; (b) by striking out from subregulation (2) "schedule 1 (Part B)" and substituting "Part B of Form 1 in the Schedule". Variation of reg. 12—Notice of termination—landlords 4.00 Regulation 12 of the principal regulations is varied— (a) by striking out from subregulation (1) "schedule 2" and substituting "Form 2 in the Schedule"; (b) by striking out from subregulation (2) "of schedule 3" and substituting "set out in Form 3 in the Schedule". Variation of reg. 13—Notice of termination—tenants 5.00 Regulation 13 of the principal regulations is varied— (a) by striking out from subregulation (1) "schedule 4" and substituting "Form 4 in the Schedule"; (b) by striking out from subregulation (2) "schedule 5" and substituting "Form 5 in the Schedule". Variation of reg. 14—Abandoned goods 6.00 Regulation 14 of the principal regulations is varied by striking out "schedule 6" and substituting "Form 6 in the Schedule". Variation of reg. 17—Application to Tribunal 7. Regulation 17 of the principal regulations is varied— (a) by striking out from subregulation (2) "schedule 7" and substituting "Form 7 in the Schedule"; (b) by striking out from subregulation (5) "schedule 8" and substituting "Form 8 in the Schedule". Substitution of Schedules 1 to 8 8.00 Schedules 1 to 8 (inclusive) are revoked and the following Schedule is substituted: SCHEDULE Forms FORM 1 SHORT FIXED-TERM TENANCIES FORM 2 NOTICE BY LANDLORD TO TENANT TO REMEDY BREACH OF AGREEMENT—NOTICE OF TERMINATION FORM 3 NOTICE OF TERMINATION BY LANDLORD (GENERAL FORM FOR PERIODIC TENANCY) NOTICE OF TERMINATION BY HOUSING CO-OPERATIVE (FOR FIXED TERM OR PERIODIC AGREEMENT) FORM 4 NOTICE BY TENANT TO LANDLORD TO REMEDY BREACH OF AGREEMENT—NOTICE OF TERMINATION FORM 5 NOTICE OF TERMINATION BY TENANT FOR A PERIODIC TENANCY (GENERAL FORM) FORM 6 NOTICE BY LANDLORD OF STORAGE OF GOODS FORM 7 APPLICATION TO RESIDENTIAL TENANCIES TRIBUNAL (BY PARTY TO RESIDENTIAL TENANCY OR ROOMING HOUSE AGREEMENT) FORM 8 APPLICATION TO RESIDENTIAL TENANCIES TRIBUNAL FOR TERMINATION OF TENANCY WHERE TENANT'S CONDUCT UNACCEPTABLE—SECTION 90 FORM 1—Residential Tenancies Act 1995 SHORT FIXED-TERM TENANCIES (Note: The landlord must complete Part A of this form in duplicate and give both copies to the tenant to sign. The tenant should then complete Part B and return one copy to the landlord.) Part A—Notice to be given to tenant by landlord To: (insert name of tenant) 1. I give you notice under section 4 of the Residential Tenancies Act 1995 that the residential tenancy agreement you have entered into is a short fixed term tenancy of days. Note: A short fixed term tenancy is a tenancy for a term of 90 days or less. 2. YOU ARE WARNED THAT THE TERM OF YOUR TENANCY WILL COME TO AN END AT THE COMPLETION OF THIS PERIOD AND THAT YOU SHOULD NOT EXPECT TO CONTINUE IN POSSESSION OF THE PREMISES AFTER THAT TIME. 3. Details of relevant residential tenancy agreement: Name of landlord: Address of rented premises: Commencement date: . . . / . . . / . . . . (insert commencement date) Last day of tenancy: . . . / . . . / . . . . (insert end date) Signature of landlord/agent: Date: . . . / . . . / . . . . Address of landlord/agent: Page 1 of 2 Part B—Statement to be signed by tenant
Signature of tenant: Date: . . . / . . . / . . . . If you have any questions or doubts about this notice, contact the advice section of the Tenancies Branch at Level 1, 91-97 Grenfell Street, Adelaide. Ph: (08) 8204 9544 Fax: (08) 8204 9570 Page 2 of 2 FORM 2—Residential Tenancies Act 1995 NOTICE BY LANDLORD TO TENANT TO REMEDY BREACH OF AGREEMENT—NOTICE OF TERMINATION (Note: Form 3 should be used for a notice of termination where no breach of agreement is alleged.) To: (insert name of tenant) Address of premises: A. I give you notice that you are in breach of the residential tenancy agreement that relates to the premises referred to above. This breach is as follows: (include enough details so that the tenant will know exactly what the breach is) You must remedy the breach as follows: (include enough details so that the tenant will know exactly what has to be done to remedy the breach) (If insufficient space, attach a separate sheet.) B. You must remedy this breach within . . . . . . . days from the date on which this notice is given to you. (insert number of days as per information on page 3) C. If the breach is not remedied within this period, then— (a) the tenancy is terminated by force of this notice; and (b) you must give up possession of the premises on or before . . . / . . / . . . .
Signature of landlord/agent: Date: . . . /. . . /. . . . Full name of landlord: Address of landlord: This notice was served on. . . / . . . / . . . by: personally handing it to the tenant mailing it to the tenant placing it in the tenant's letterbox other (please specify below) 1
INFORMATION FOR THE TENANT
If you have any questions or doubts about this notice, contact the advice section of the Tenancies Branch at Level 1, 91-97 Grenfell Street, Adelaide. Ph: (08) 8204 9544 Fax: (08) 8204 9570 Page 2 of 3 INFORMATION FOR THE LANDLORD 1.1 If the breach on which this notice is based is solely failure to pay rent under a residential tenancy agreement— (a) the rent (or part of the rent) must have remained unpaid for at least 14 days before the landlord can give this notice to the tenant; and (b) the period allowed under Item B on page 1 to remedy the breach by paying the outstanding rent must be at least 7 clear days after the day on which this notice is received, or is expected to be received, by the tenant; and (c) the date specified (in Item C on page 1) for the tenant to give up possession of the premises can be any day after the period given to remedy the breach (which is specified in Item B on page 1). In specifying this date you should not include the day on which the notice was received or expected to be received by the tenant as part of the period to remedy the breach. Examples— Form 2 notice served personally on Wednesday 1 March; 7 days to remedy the breach (ie 2 - 8 March); the earliest date for possession is 9 March. Form 2 notice posted on Wednesday 1 March; if posted in the metropolitan area it would be received by the tenant on 2 March; 7 days to remedy the breach (ie 3 - 9 March); the earliest date for possession is 10 March. 1.2 If the breach on which this notice is based is a ground other than failure to pay rent under a residential tenancy agreement— (a) the period allowed under Item B on page 1 to remedy the breach must be at least 7 clear days after the day on which this notice is received or is expected to be received by the tenant; and (b) the date specified in Item C on page 1 for the tenant to give up possession of the premises must be at least 8 days after the day specified in Item B on page 1.
(a) the tenant has abandoned the premises, or voluntarily given up possession of the premises; or (b) you are authorised to take possession of the premises by an order of a court or the Residential Tenancies Tribunal. (To seek an order of the Tribunal for vacant possession, it will be necessary to lodge a Form 7 application with the Tribunal).
(a) personally; or (b) by sending it by post addressed to the person at his or her last known place of residence, employment or business; or (c) by leaving it in a letterbox or other place where it is likely to come to his or her attention at his or her last known place of residence, employment or business. 3.2 If the whereabouts of the tenant is unknown, the notice may be given by publishing it in a newspaper circulating generally throughout the State. 4. You should retain a copy of this notice. If you have any questions or doubts about this notice, contact the advice section of the Tenancies Branch at Level 1, 91-97 Grenfell Street, Adelaide. Ph: (08) 8204 9544 Fax: (08) 8204 9570 Page 3 of 3 FORM 3—Residential Tenancies Act 1995
NOTICE OF TERMINATION BY HOUSING CO-OPERATIVE (FOR FIXED TERM OR PERIODIC AGREEMENT)
on . . . / . . . / . . . . (insert date on which tenant is required to vacate premises) being a date that is— (tick appropriate box and complete details as required)
* The period of notice given on these grounds must be at least 60 days or if, under the terms of the periodic tenancy, rent is payable at intervals of greater than 60 days, that greater period. (tick one or more of the following boxes to indicate the grounds) the landlord requires possession of the premises for demolition the landlord requires possession of the premises for repairs or renovations that cannot be carried out conveniently while the tenant remains in possession of the premises the landlord requires possession of the premises for the landlord's own occupation, or occupation by the landlord's spouse, child or parent, or occupation by the spouse of the landlord's child or parent the landlord requires possession for the landlord to give vacant possession to a purchaser of the premises as they have entered into a contract of sale dated:
you have ceased to be a member of the housing co-operative you no longer satisfy a condition or conditions specified by the tenancy agreement with the housing co-operative as essential to the continuation of the tenancy, namely— (state condition(s) no longer satisfied by the tenant)
Page 1 of 2 INFORMATION FOR THE LANDLORD
2. Except where the landlord is a registered housing co-operative, this notice cannot be used if the tenancy has been entered into for a fixed term. 3. It is a criminal offence under the Residential Tenancies Act 1995 to state a false ground of termination in this notice. 4. If the premises are subject to a housing improvement notice or are subject (or potentially subject) to rent control, the Tribunal must give its authorisation to this notice before it is effective. 5. This notice may be served on the tenant (or on an agent of the tenant)— (a) personally; or (b) by sending it by post addressed to the person at his or her last known place of residence, employment or business; or (c) by leaving it in a letterbox or other place where it is likely to come to his or her attention at his or her last known place of residence, employment or business. If the whereabouts of the tenant is unknown, the notice may be given by publishing it in a newspaper circulating generally throughout the State. 6. You should retain a copy of this notice. INFORMATION FOR THE TENANT
Example—If you pay rent per calendar month, instead of giving 21 days' notice, you would be required to give one calendar month's notice. 2. When you vacate the premises, you should leave them in a reasonable condition and in a reasonably clean state. If you do not, the landlord may recover from the security bond, or from you directly, the costs of cleaning the premises, removing any rubbish, and so on. 3. You should contact the landlord or agent and arrange to meet him or her at the premises at an agreed time. With the landlord or agent, you can then inspect the premises and note on the Inspection Sheet (which you filled in and received at the start of the tenancy) the state of cleanliness of the premises and any damage that has occurred during the tenancy. You can then decide with the landlord or agent how much of the security bond should be paid to you and to the landlord (respectively). 4. If possible you should agree on how the security bond should be paid. If you agree, both of you should complete and sign the Refund of Bond form and lodge it with the Office of Consumer & Business Affairs. Make sure that your forwarding address is included on the form so that all or part of the security bond, or any future correspondence, can be sent to you. If agreement cannot be reached, you should contact the Tenancies Branch at the address set out below. 5. When you vacate the premises, ensure that you leave all the keys with the landlord or agent, and notify the electricity entity, the Gas Company, Australia Post, Telstra, etc, so that the new tenants do not use gas, electricity and the telephone on your accounts, and so that mail can be forwarded to you. If you have any questions or doubts about this notice, contact the advice section of the Tenancies Branch at Level 1, 91-97 Grenfell Street, Adelaide. Ph: (08) 8204 9544 Fax: (08) 8204 9570 Page 2 of 2 FORM 4—Residential Tenancies Act 1995
This breach is as follows: (include enough details so that the landlord will know exactly what the breach is) (If insufficient space, attach a separate sheet.) You must remedy the breach as follows: (include enough details so that the landlord will know exactly what has to be done to remedy the breach) (If insufficient space, attach a separate sheet.) B. This breach must be remedied within . . . . . . days from the date on which this notice is given to you. (insert number of days as per information on page 2) C. If the breach is not remedied within this period, the tenancy is terminated by force of this notice from the following date: . . . / . . . / . . . . (insert date as per information on page 2) Signature of tenant: Date: . . . / . . . / . . . . Full name of tenant: Address of tenant: This notice was served on. . . / . . . / . . . by: personally handing it to the landlord mailing it to the landlord placing it in the landlord's letterbox other (please specify below) 2
INFORMATION FOR THE TENANT 1.1 The period allowed under Item B on page 1 to remedy the breach must be at least 7 clear days from the day on which this notice is received or is expected to be received by the landlord. 1.2 The date specified in Item C on page 1 for the end of the tenancy must be at least 8 days after the end of the period specified in Item B on page 1. 2.1 You may serve this notice on the landlord, or on an agent of the landlord— (a) personally; or (b) by sending it by post addressed to the person at his or her last known place of residence, employment or business; or (c) by leaving it in a letterbox or other place where it is likely to come to his or her attention at his or her last known place of residence, employment or business. 2.2 If the whereabouts of the landlord/agent is unknown, the notice may be given by publishing it in a newspaper circulating generally throughout the State. 3. You should retain a copy of this notice. INFORMATION FOR THE LANDLORD You may, within the time period fixed under this notice for termination of the tenancy, or before the tenant gives up possession of the premises, apply to the Residential Tenancies Tribunal for an order— (a) declaring that you are not in breach of the residential tenancy agreement; (b) declaring that you have remedied the breach within the notice period; (c) reinstating the tenancy.
1. When the tenant vacates the premises, he/she should leave them in a reasonable condition and in a reasonably clean state. If they are not, the landlord may recover from the security bond, or from the tenant directly, the costs of cleaning the premises, removing any rubbish, and so on. 2. The tenant and landlord (or an agent) should arrange to meet at the premises at an agreed time. You can then inspect the premises and note on the Inspection Sheet (which you filled in and received at the start of the tenancy) the state of cleanliness of the premises and any damage that has occurred during the tenancy. You can then decide how much of the security bond should be paid to each of you. 3. If possible, you should agree on how the security bond should be paid. If you do agree, both of you should complete and sign the Refund of Bond form and lodge it with the Office of Consumer & Business Affairs. Make sure that the tenant's forwarding address is included on the form so that all or part of the security bond, or any future correspondence, can be sent there. If agreement cannot be reached, you should contact the Tenancies Branch at the address set out below. 4. When the tenant vacates the premises, the tenant should ensure that the tenant leaves all the keys with the landlord or agent, and notifies the electricity entity, the Gas Company, Australia Post, Telstra, etc, so that the new tenants do not use gas, electricity and the telephone on the tenant's accounts, and so that mail can be forwarded.
Page 2 of 2 FORM 5—Residential Tenancies Act 1995 NOTICE OF TERMINATION BY TENANT FOR A PERIODIC TENANCY (GENERAL FORM) (Note: A tenant cannot use this form to terminate a fixed-term tenancy—for that purpose an application must be made to the Residential Tenancies Tribunal.) To:
(insert name and address of landlord/agent) 1. I give notice of termination of a residential tenancy agreement between me as tenant and you as landlord in respect of the premises at: 2. I will deliver up possession of the premises to you on: . . . / . . . / . . . . (insert hand-over date) (Note: The hand-over date must be at least 21 days from the date of this notice, or a period equivalent to a single rental period of your tenancy (whichever is longer). Example—If you pay rent per calendar month, instead of giving 21 days’ notice, you would be required to give one calendar month’s notice.) Signature of tenant: Date: . . . / . . . / . . . . Full name of tenant: Address of tenant: Page 1 of 2 INFORMATION FOR THE TENANT
(a) personally; or (b) by sending it by post addressed to the person at his or her last known place of residence, employment or business; or (c) by leaving it in a letterbox or other place where it is likely to come to his or her attention at his or her last known place of residence, employment or business. 2. If the whereabouts of the landlord is unknown, the notice may be given by publishing it in a newspaper circulating generally throughout the State. 3. You should retain a copy of this notice. TERMINATION INFORMATION 1. When the tenant vacates the premises, he/she should leave them in a reasonable condition and in a reasonably clean state. If they are not, the landlord may recover from the security bond, or from the tenant directly, the costs of cleaning the premises, removing any rubbish, and so on. 2. The tenant and landlord (or an agent) should arrange to meet at the premises at an agreed time. You can then inspect the premises and note on the Inspection Sheet (which you filled in and received at the start of the tenancy) the state of cleanliness of the premises and any damage that has occurred during the tenancy. You can then decide how much of the security bond should be paid to each of you. 3. If possible you should agree on how the security bond should be paid. If you agree, both of you should complete and sign the Refund of Bond form and lodge it with the Office of Consumer & Business Affairs. Make sure that the tenant's forwarding address is included on the form so that all or part of the security bond, or any future correspondence, can be sent there. If agreement cannot be reached, you should contact the Tenancies Branch at the address set out below. 4. When the tenant vacates the premises, the tenant should ensure that he/she leaves all the keys with the landlord or agent, and notifies the electricity entity, the Gas Company, Australia Post, Telstra, etc, so that the new tenants do not use gas, electricity and the telephone on the tenant's accounts, and so that mail can be forwarded. If you have any questions or doubts about this notice, contact the advice section of the Tenancies Branch at Level 1, 91-97 Grenfell Street, Adelaide. Ph: (08) 8204 9544 Fax: (08) 8204 9570 Page 2 of 2 FORM 6—Residential Tenancies Act 1995 NOTICE BY LANDLORD OF STORAGE OF GOODS To:
(insert name of person to whom notice is addressed*) of: (insert address) * This notice must be sent to- (a) if the tenant has left a forwarding address—the tenant; and (b) if another person has, to the knowledge of the landlord, an interest in the goods and the person's name and address are known to, or are reasonably ascertainable by, the landlord—that person. Notice of the storage of the goods must also be published in a newspaper circulating generally throughout the State. |