Queensland Numbered Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION AND OTHER LEGISLATION AMENDMENT ACT 2024 - SECT 85

85 Insertion of new ch 14, pt 8, div 3

Chapter 14 , part 8 , as inserted by this Act—
insert—

Division 3 - Provisions commencing by proclamation

582 Existing applications for residential tenancies and rooming accommodation

(1) New sections 57B to 57D do not apply to an application for a residential tenancy made but not decided before the commencement.

(2) New sections 76C to 76E do not apply to an application for rooming accommodation made but not decided before the commencement.

583 Application of amendments about payment of rent—existing residential tenancy agreements

(1) New sections 83 and 84B do not apply in relation to a residential tenancy agreement entered into before the commencement.

(2) However, new section 84B applies in relation to an agreement entered into before the commencement if the lessor, lessor’s agent or tenant proposes to change the way the tenant is paying rent under the agreement.

584 Application of changes about payment of rent—existing rooming accommodation agreements

(1) New sections 98 and 99B do not apply in relation to a rooming accommodation agreement entered into before the commencement.

(2) However, new section 99B applies in relation to an agreement entered into before the commencement if the provider, provider’s agent or resident proposes to change the way the resident is paying rent under the agreement.

585 Evidence supporting claim on rental bond not required for certain rental bonds

(1) New section 136AA does not apply in relation to—

(a) an application for payment of a rental bond under section 125 made during the transition period if the rental bond was paid to the authority before the commencement; or

(b) a dispute resolution request about the payment of a rental bond made during the transition period if the rental bond was paid to the authority before the commencement.

(2) In this section—

"transition period" means the period starting on the commencement and ending 12 months after the commencement.

585A Maximum amount of rental bond—provision for existing rental bonds

(1) This section applies if—

(a) before the commencement, a rental bond was paid for a residential tenancy agreement or rooming accommodation agreement; and

(b) under section 122 of the Act, the rental bond is taken to be a rental bond for a renewal agreement; and

(c) after the commencement, the amount of the rental bond is more than the amount that may be required or accepted under new section 146 for the renewal agreement.

(2) The tenant or resident may make an application to the authority for payment of the part of the rental bond that is equivalent to the difference between the amount held by the authority and the amount that may be required or accepted under new section 146 (the
"excess amount" ).

(3) The application—

(a) must be made in the approved form; and

(b) may only direct a payment of the excess amount to be made to the contributor for the bond.

(4) Despite section 124, the authority may pay the excess amount—

(a) if there is only 1 contributor—to the contributor; or

(b) if there is more than 1 contributor and all contributors have made the application—to each contributor in the way directed in the application.

(5) The authority must give the lessor, provider or agent notice of the amount of the rental bond held by the authority for the renewal agreement after the excess amount has been refunded to the tenant or resident.

(6) Chapter 2, part 3, division 3 does not apply to an application made under this section.

(7) For this section, section 150(4) is taken to include a reference to amounts payable under this section.

(8) To remove any doubt, it is declared that a person does not commit an offence under new section 146(1) in relation to a rental bond to which this section applies.

(9) In this section—

"renewal agreement" see section 122.

586 Existing residential tenancy agreements including term about paying reletting costs

(1) This section applies if—

(a) a residential tenancy agreement entered into before the commencement includes a term requiring a tenant to pay the reasonable costs incurred by the lessor in reletting the premises; and

(b) the requirements under former section 357A(1) were otherwise met in relation to the term.

(2) The term is taken to comply with new section 357A(1).

587 Existing rooming accommodation agreements including term about paying reasonable costs

(1) This section applies if—

(a) a rooming accommodation agreement entered into before the commencement includes a term requiring a resident to pay the reasonable costs incurred by the provider in reletting the resident’s room; and

(b) the requirements under former section 396A(1) were otherwise met in relation to the term.

(2) The term is taken to comply with new section 396A(1).

588 Transitional regulation making power

(1) A regulation (a
"transitional regulation" ) may make provision of a saving or transitional nature about any matter for which—

(a) it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of this Act as in force before its amendment by the amending Act to the operation of this Act as in force from the commencement; and

(b) this Act does not make provision or sufficient provision.

(2) A transitional regulation may have retrospective operation to a day that is not earlier than the day this section commences.

(3) A transitional regulation must declare it is a transitional regulation.

(4) This section and any transitional regulation expire 2 years after this section commences.