South Australian Numbered Acts

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RESIDENTIAL TENANCIES (MISCELLANEOUS) AMENDMENT ACT 2023 (NO 41 OF 2023) - SECT 21

21—Amendment of section 62—Receipt of bond and transmission to Commissioner

        (1)         Section 62(1), penalty provision—delete the penalty provision and substitute:

Maximum penalty: $25 000.

        (2)         Section 62(1), expiation fee—delete the expiation fee and substitute:

Expiation fee: $1 200.

        (3)         Section 62(2)—after "Commissioner" insert:

in the manner and form approved by the Commissioner and accompanied by the information determined by the Commissioner

        (4)         Section 62(2), penalty provision—delete the penalty provision and substitute:

Maximum penalty: $35 000.

        (5)         Section 62(2), expiation fee—delete the expiation fee and substitute:

Expiation fee: $2 000.

        (6)         Section 62—after subsection (2) insert:

        (3)         If the Commissioner receives an amount by way of a bond for a residential tenancy agreement from a person who is not the landlord, the Commissioner must, as soon as is reasonably practicable after receiving the amount, notify the landlord or the landlord's agent (as determined by the Commissioner) of the receipt of the amount in accordance with the regulations.

        (4)         If the Commissioner receives an amount apparently by way of a bond and the Commissioner is satisfied that the amount is not within the ambit of the definition of a bond under this Act, the Commissioner may refund the amount in accordance with the regulations.



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