QueenslandMOBILEHOMES
ACT1989Reprinted as in force on 1 April
2003(includes commenced amendments up to 2002
Act No. 74)Reprint No. 2CThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
Act is reprinted as at 1 April 2003. The reprint shows the law as
amended by allamendments that commenced on or before that
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endnotes.Also see list of legislation for anyuncommenced amendments.Minor editorial
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s13s3Mobile
Homes Act 1989MOBILE HOMES ACT 1989[as amended by
all amendments that commenced on or before 1 April 2003]An Act
to provide with respect to the siting and occupancy of
mobilehomes and for related purposesPART
1—PRELIMINARY1Short titleThis Act may be
cited as theMobile Homes Act 1989.3Interpretation(1)In
this Act—“by-law”means in
relation to Brisbane City Council, a local law.“caravan”see
theResidential Tenancies Act 1994,
section 3A.1“mobile home”meansastructure(otherthanacaravan)prescribedbyregulation.“occupier”means a person who under a relevant
agreement is entitled tooccupy a mobile home positioned on a
site.“owner”means,inrelationtoasite,thepersonwhoistheregisteredproprietororregisteredmortgageeinpossessionofanestateinfeesimple in the site.“relevantagreement”meansanagreementunderwhichapersonisentitled—(a)to
position a mobile home on a site; and(b)tooccupythemobilehomeastheperson’sonlyorprincipalplace of
residence.1Residential Tenancies Act 1994,
section 3A (Caravan)
s44s4Mobile
Homes Act 1989“site”means land made
available for positioning of mobile homes underrelevant
agreements and includes every part of such land.(2)The rights and remedies conferred on
an occupier by this Act are inaddition to and
not in derogation of or substitution for rights and remediesthat
would be had in law by an occupier apart from this Act.(3)Where before the commencement of this
section a person who is notthe owner within
the meaning of this Act has made a relevant agreementrelatingtoasitewithanotherwhohastherebybecomeanoccupier,areference in this Act, except in section 8(1)
or (2), to“owner”shall beconstrued to include reference to that
person, and, for the purposes of aprovision of this
Act, except section 8(1) or (2), that contains reference to“owner
of a site”, that person shall be deemed to be the
owner of the site.PART 2—PROVISIONS ABOUT MOBILE HOMES4Particulars of agreement(1)Within 3 months after the making of a
relevant agreement, the ownerof the site shall
give to the occupier a written statement that—(a)specifies the names and addresses of the
parties to the relevantagreement and the date of commencement
of the agreement; and(b)includes
particulars of the land on which the occupier is entitledto
position the mobile home, sufficient to identify the position
ofthe mobile home; and(c)specifiestheexpresstermsoftherelevantagreementandtheterms implied by an order under
section 5(2); and(d)complies with such other requirements
as are prescribed by theregulations.Maximum
penalty—90 penalty units or imprisonment for 6 months.(1AA)An offence
against subsection (1) is a continuing offence and—(a)continues, despite the end of the 3
month period, until the writtenstatement is
given; and(b)may be charged in 1 or more complaints
for periods the offencecontinues.
s55s5Mobile
Homes Act 1989(1A)Theownerofthesitemustnotchargeafeeforgivingthestatement.Maximum
penalty—90 penalty units or imprisonment for 6 months.(2)Wherearelevantagreementwasmadebeforethecommencementof thissection,thewrittenstatementshallbegivenasprescribedwithin 6 months
after that commencement.Maximum penalty—90 penalty units or
imprisonment for 6 months.(3)Wheretheownerofthesiteisboundbyandhasthebenefitofarelevantagreementonlybyreasonofsection8(2)itshallbesufficientcompliancewithsubsection(1)or(2)orwithanordermadeundersubsection(5)ifthepersonwhomadetheagreement,notbeingtheoccupier thereunder, gives the written
statement as prescribed.(4)Areferenceinsubsection(1)or(2)tothemakingofarelevantagreement
includes reference to any variation of an agreement by reason
ofwhich the agreement becomes a relevant
agreement.(5)Whereanownerofasitefailstocomplywiththissection,theoccupier may, in a court of competent
jurisdiction, apply for and obtain anorderthatrequirestheownertogivetotheoccupierastatementthatcomplies with subsection (1).5Terms of agreements(1)The terms specified in part 1 of
schedule 1 shall be implied in everyrelevant
agreement, notwithstanding any express term of the agreement
orany other agreement made or acknowledgment
given by the occupier.(2)A Small Claims
Tribunal may, on the application of either party to arelevantagreement,whichapplicationismadeatanytimeduringthecurrencyoftheagreement,orderthatthereshallbeimpliedintheagreement terms concerning all or any
of the matters specified in part 2 ofschedule
1.(3)A Small Claims Tribunal may, on the
application of either party to arelevantagreement,whichapplicationismadewithin6monthsofthegiving of the statement required by
section 4(1), by order vary or delete anyexpress term of
the agreement.(4)On an application under this section
the Small Claims Tribunal maymakesuchprovisionasitconsidersreasonableandjustinthecircumstances.
s66s6Mobile
Homes Act 1989(5)Upon the making of an order on an
application under this section therelevant
agreement shall be construed and given effect in accordance
withthe order.6Successors in title(1)A
relevant agreement is binding on and enures for the benefit of
anysuccessor in title of the owner of the site
and any person claiming throughor under the
owner or any such successor.(2)Where a relevant agreement is lawfully
assigned to any person, theagreement shall
be binding on and shall enure for the benefit of that
person.(3)Where a person who is bound by and has
the benefit of a relevantagreement dies at a time when the
person is occupying the mobile homeunder the
agreement as the person’s only or principal place of
residence,the agreement shall be binding on and shall
enure for the benefit of—(a)anypersonresidingwiththatperson(“the
deceased”)atthattime, being—(i)the
spouse of the deceased; or(ii)indefaultofaspousesoresiding—amemberofthedeceased’s
household; or(b)indefaultofanysuchpersonsoresiding—thepersonentitledto themobilehomebyvirtueofthedeceased’swillorthelaw
relatingtointestacy,asthecasemaybe,butsubjecttosubsection (4).(4)A
relevant agreement shall not be binding on or enure for the
benefitof a person by reason of subsection (3)(b) in
so far as—(a)it would, but for this subsection,
require or enable that person tooccupy the
mobile home; or(b)a term contained or implied therein
would entitle the owner toterminate, with or without an order of
a Small Claims Tribunal,the agreement on the ground specified
in clause 4(c) of part 1 ofschedule 1;
or(c)it includes a term implied therein by
virtue of clause 7 of part 1of schedule
1.(5)To the extent that a relevant
agreement is binding on and enures forthe benefit of a
person by reason of subsection (3)(b) that person shall bedeemed, for the purposes of this Act, to be
the occupier.
s87s8Mobile
Homes Act 19898Strictures on conduct of site(1)A person—(a)shall not make available land as a site,
unless the person is theowner of the land;(b)shall not make a relevant agreement with
another who therebybecomes an occupier, unless the person is
the owner of the site towhich the agreement relates.Maximum penalty—90 penalty units or
imprisonment for 6 months.(2)Where a person,
not being the owner of the site, makes a relevantagreement with another who thereby becomes an
occupier—(a)the person shall be deemed to have
made the agreement as theauthorised agent of the owner;
and(b)theagreementisvalid,notwithstandingtheprovisionsofsubsection (1); and(c)theagreementisbindingonandenuresforthebenefitoftheowner.(3)An
owner of a site—(a)shall not limit the occupancy of the
site to a mobile home sold orprovided by any
specific person, unless the site to be occupiedhas not
previously been occupied by a mobile home;(b)shall not restrict or interfere with an
occupier’s efforts to sell hisor her mobile
home positioned on the site;(c)shall not charge a fee in connection with a
sale or attempted saleof a mobile home positioned on the
site unless—(i)the owner has rendered some service
with respect to the saleor attempted sale; and(ii)atthetimetheserviceisrenderedthereisanagreementbetween the owner and the occupier for the
payment of a feefor the service.Maximum
penalty—90 penalty units or imprisonment for 6 months.(4)If an owner of a site is entitled to
charge a fee for a service renderedin relation to
the sale or attempted sale of a mobile home by an occupier,theamountofthefeedemandedoracceptedbytheownermustnotbemore than the
prescribed amount.
s
98s 11Mobile Homes Act
1989(5)Subsection (4) does not prevent the
owner charging, in addition tothe prescribed
amount under the subsection, an amount for GST payablefor
the supply of the service mentioned in the subsection.9Termination of agreement(1)The owner of a site shall not
terminate a relevant agreement unlessthe owner has, on
application made to a Small Claims Tribunal, obtainedan
order that permits the owner so to do.Maximum
penalty—90 penalty units or imprisonment for 6 months.(2)A putative termination of a relevant
agreement in contravention ofsubsection (1) is
void and without effect.10Grant of
jurisdiction(1)Jurisdiction is hereby conferred on
every Small Claims Tribunal tohearanddetermineallapplicationsmadetoitpursuanttoorforthepurposes of this Act.(1A)Exercise of such
jurisdiction shall be subject to and in accordancewith
this Act.(2)ASmallClaimsTribunalshallnotmakeanorderthatpermitsanowner
of a site to terminate a relevant agreement unless—(a)the tribunal is satisfied that the
ground on which application forthe order is
based has been made out; and(b)the
tribunal is satisfied that the making of the order is
reasonableand just in the circumstances.(3)Where application is made to a Small
Claims Tribunal for an orderthat permits
termination of a relevant agreement on the ground specified
inclause4(f)ofpart1ofschedule1,ifinthecircumstances,thetribunalconsiderstheownerofthesiteshouldbearthewholeorpartoftheoccupier’s expenses of relocating the
mobile home to which the agreementrelates, the
tribunal shall not make the order unless it is satisfied that
theowner has paid a sum sufficient for that
purpose (assessed by the tribunal,should the case
require it) to or on account of the occupier.11Recovery by occupier of certain
moneysWhere—
s
11A9Mobile Homes Act 1989s
12(a)as a consequence of an owner of a site
not having the approval orpermission of a local government, or
of a person on behalf of alocalgovernment,fortheuseoflandasasite,anoccupieriscompelled to relocate a mobile home from the
site; or(b)inaccordancewithsection10(3)aSmallClaims
Tribunalhasassessedasumtobepaidbyanownerofasitebeforethetribunalwillmakeanorder,suchasisreferredtoinsection 10(2),
and that sum has not been paid;the occupier may
recover from the owner by way of action for a debt, dueand
owing and unpaid, in a court of competent jurisdiction or by way
ofclaim for payment of money before a Small
Claims Tribunal (if the amountsoughtiswithinthejurisdictionofthetribunal)theoccupier’sexpensesreasonably incurred in relocating the mobile
home or, as the case may be,the sum so
assessed.11A Owner of site must comply with cl 6(2A)
of implied terms(1)An owner of a site who does not comply
with clause 6(2A) of theimplied terms of a relevant agreement
mentioned in part 1 of schedule 1commits an
offence.Maximum penalty—90 penalty units or
imprisonment for 6 months.(2)An owner does
not commit an offence against subsection (1) if—(a)theownerreasonablyaskedtheoccupierconcernedforinformationabouttheproposedassigneetohelptheownertomake
a decision to which clause 6(2A) applies; and(b)the
occupier did not comply with the request.PART
3—ENFORCEMENTDivision 1—Inspectors12Appointment(1)Thechiefexecutivemayappointemployeesofthedepartmentasinspectors.
s
12A10Mobile Homes Act 1989s
12C(2)The chief executive may appoint a
person as an inspector only if, inthechiefexecutive’sopinion,thepersonhasthenecessaryexpertiseorexperience to be an inspector.12A
Inspector’s identity card(1)The chief
executive must issue an identity card to each inspector.(2)The identity card must—(a)contain a photograph of the inspector;
and(b)be signed by the inspector.(3)A person who stops being an inspector
must return the identity cardto the chief
executive as soon as practicable after the person stops being
aninspector, unless the person has a reasonable
excuse for not returning it.Maximum penalty
for subsection (3)—10 penalty units.12B Production of
inspector’s identity card(1)An inspector may
exercise a power under this Act in relation to apersononlyiftheinspectorfirstproducesordisplaystheinspector’sidentity card for
inspection by the person.(2)If, for any
reason, it is not practicable to comply with subsection (1),the
inspector must produce the identity card for inspection by the
person atthe first reasonable opportunity.Division 2—Inspectors’ powers12C
Entry of place by inspectorAn inspector may
enter a place if—(a)the occupier of the place consents to
the entry; or(b)it is a public place and the entry is
made when the place is opento the public;
or(c)the entry is authorised by a
warrant.
s
12D11Mobile Homes Act 1989s
12E12D Warrants(1)An
inspector may apply to a magistrate for a warrant for a
place.(2)The application must—(a)be sworn; and(b)set
out the grounds on which the warrant is sought.(3)Themagistratemayrefusetoconsidertheapplicationuntiltheinspectorgivesthemagistratealltheinformationthatthemagistraterequires about
the application in the way that the magistrate requires.Example—The
magistrate may require that additional information supporting the
application begiven by a statutory declaration.(4)The magistrate may issue a warrant
only if the magistrate is satisfiedthat there are
reasonable grounds for suspecting that—(a)thereisaparticularthing(the“evidence”)thatmayprovideevidence of the
commission of an offence against this Act; and(b)the
evidence is, or may be within the next 7 days, at the place.(5)The warrant must state—(a)thattheinspectorisauthorised,withassistanceandforcethatmay
be necessary and reasonable—(i)to
enter the place; and(ii)to exercise the
inspector’s powers under this Act; and(b)the
evidence for which the warrant is issued; and(c)the
hours of the day when entry may be made; and(d)the
day (within 14 days after the warrant’s issue) on which thewarrant stops having effect.12E
Warrants—applications made otherwise than in person(1)An inspector may apply for a warrant
by phone, fax, radio or anotherform of
communication if the inspector considers it necessary because
of—(a)urgent circumstances; or(b)otherspecialcircumstances,including,forexample,theinspector’s remote location.
s
12E12Mobile Homes Act 1989s
12E(2)Beforeapplyingforthewarrant,theinspectormustprepareanapplication that sets out the grounds on
which the warrant is sought.(3)Theinspectormayapplyforthewarrantbeforetheapplicationissworn.(4)If
the magistrate issues the warrant and it is reasonably practicable
tofax a copy of it to the inspector, the
magistrate must immediately fax thecopy to the
inspector.(5)Ifthemagistrateissuesthewarrantbutitisnotreasonablypracticable to
fax a copy of it to the inspector—(a)the
magistrate must—(i)tell the inspector what the terms of
the warrant are; and(ii)tell the
inspector the date and time the warrant was signed;and(iii)record the
reasons for issuing the warrant on the warrant;and(b)the inspector must—(i)complete a form of warrant in the same
terms as the warrantissued by the magistrate; and(ii)write on the
warrant form the name of the magistrate andthe date and
time the magistrate signed the warrant.(6)The
facsimile warrant, or the warrant form properly completed bythe
inspector, is authority for the entry and the exercise of the other
powersauthorised by the warrant issued by the
magistrate.(7)The inspector must send to the
magistrate—(a)the sworn application; and(b)ifawarrantformwascompletedbytheinspector—thecompleted
warrant form.(8)The sworn application and any
completed warrant form must be sentto the magistrate
at the earliest practicable opportunity.(9)On
receipt of the application and any warrant form, the
magistratemust attach them to the warrant issued by the
magistrate.(10)If—(a)itismaterialforacourttobesatisfiedthattheexerciseofapower was authorised by a warrant
issued under this section; and
s
12F13Mobile Homes Act 1989s
12F(b)the warrant is not produced in
evidence;thecourtmustassumetheexerciseofpowerwasnotauthorisedbyawarrant, unless the contrary is
proved.12F Inspector’s general powers in a
place(1)After entering a place under section
12C,2an inspector may exercisea
power mentioned in subsection (2) only if—(a)the
occupier of the place consents to the exercise of the power;
or(b)the entry was authorised by a
warrant.(2)The inspector may—(a)search any part of the place; or(b)ifentrywasauthorisedbyawarrant—seizetheevidenceforwhich the warrant was issued; or(c)in any case—seize a thing if the
inspector believes on reasonablegrounds
that—(i)thethingisevidenceofthecommissionofanoffenceagainst this
Act; and(ii)the seizure is
necessary to prevent—(A)the concealment,
loss or destruction of the thing; or(B)theuseofthethingincommitting,continuingorrepeating an offence against this Act;
or(d)inspect, examine, photograph or film
anything in or on the place;or(e)take extracts from, or make copies of,
any documents in or on theplace; or(f)take
into or onto the place any person, equipment and materialsthattheinspectorreasonablyrequiresforthepurposeofexercising any powers in relation to
the place; or(g)require a person in or on the place,
or the occupier of the place, togive the
inspector reasonable help for the exercise of the powersmentioned in paragraphs (a) to (f).2Section 12C (Entry of place by
inspector)
s
12G14Mobile Homes Act 1989s
12G(3)A person who is required by an
inspector under subsection (2)(g) togive the
inspector reasonable help for the exercise of a power must
complywiththerequirement,unlessthepersonhasareasonableexcusefornotcomplying with
it.Maximum penalty—60 penalty units.(4)If the help is required to be given by
a person by—(a)answering a question; or(b)producing a document (other than a
document required to be keptby the person
under this Act);itisnotareasonableexcuseforthepersontofailtocomplywiththerequirement on the ground that the
information or document might tend toincriminate the
person.(5)However, information or a document
mentioned in subsection (4) isnot admissible in
evidence against the person—(a)for
an individual—in any criminal proceedings; or(b)forpersonotherthananindividual—inanycriminalproceedings,
other than proceedings under this Act.12G Power to
require name and address(1)An inspector may
require a person to state the person’s name andaddress if the
inspector—(a)finds the person committing an offence
against this Act; or(b)finds the person
in circumstances that lead, or has informationthat leads, the
inspector to suspect on reasonable grounds that theperson has committed, or assisted in the
commission, an offenceagainst this Act.(2)When
making the requirement, the inspector must warn the personthat
it is an offence to fail to state the person’s name and address,
unless theperson has a reasonable excuse.(3)Theinspectormayrequirethepersontogiveevidenceofthecorrectness of
the person’s name or address if the inspector suspects, onreasonable grounds, that the name or address
given is false.(4)Apersonmustcomplywithaninspector’srequirementundersubsection(1)or(3),unlessthepersonhasareasonableexcusefornotcomplying with
it.
s
12H15Mobile Homes Act 1989s
12HMaximum penalty—60 penalty units.(5)The person does not commit an offence
against this section if—(a)the inspector
required the person to state the person’s name andaddress on suspicion of the person having
committed an offenceagainst this Act; and(b)the person is not proved to have
committed the offence.Division 3—Other enforcement
matters12H Procedure after thing seized(1)As soon as practicable after a thing
is seized by an inspector undersection
12F,3the inspector must give a receipt for
it to the person fromwhom it was seized.(2)Theinspectormustallowapersonwhowouldbeentitledtotheseized thing if it were not in the
inspector’s possession—(a)to inspect it;
or(b)if it is a document—to take extracts
from it or make copies of it.(3)The
inspector must return the seized thing to the person at the
endof—(a)1 year;
or(b)ifaprosecutionforanoffenceinvolvingitisstartedwithin1 year—the
proceeding for the offence and any appeal from theproceeding.(4)Despite subsection (3), the inspector must
return the seized thing tothe person if the inspector is
satisfied that—(a)its retention as evidence is no longer
necessary; and(b)its return is not likely to result in
its use in repeating the offence.3Section 12F (Inspector’s general powers in a
place)
s
12I16Mobile Homes Act 1989s
1412IObstructing etc. inspectorsA
person must not obstruct, hinder or resist an inspector in the
exerciseof a power, unless the person has a
reasonable excuse.Maximum penalty—60 penalty units.12JCompensation(1)A
person may claim compensation from the State if the person
incursloss or expense because of the exercise or
purported exercise of a powerunder this
part.(2)Paymentofcompensationmaybeclaimedandorderedinaproceeding for—(a)compensation brought in a court of competent
jurisdiction; or(b)an offence against this Act brought
against the person making theclaim for
compensation.(3)Acourtmayorderthepaymentofcompensationforthelossorexpenseonlyifitissatisfiedthatitisjusttomaketheorderinthecircumstances of the particular
case.PART 4—MISCELLANEOUS13Proceedings for offences(1)ProceedingsforanoffenceagainstthisActshallbetakeninasummarywayundertheJusticesAct1886uponthecomplaintofanyperson authorised in that behalf by the
Minister.(2)IfinacomplaintrelatingtoanoffenceagainstthisActthecomplainant is
described as authorised as prescribed to lay the complaint,
itshall not be necessary to prove that
authority, in the absence of evidence tothe
contrary.14Evidentiary provisionIn
any proceedings for the purposes of this Act or relating to a
relevantagreement or to which any matter provided for
by this Act is material—
s
1517s 16Mobile Homes Act
1989(a)a copy of the statement that purports
to be given by or on behalfof the owner of
a site to an occupier as to all or any of the mattersreferred to in section 4(1) is admissible as
evidence of the mattersstated; and(b)acertificatepurportingtobethatoftheregistrarofaSmallClaims Tribunal
as to the making of an order under section 5 andas
to the particulars of the order is admissible as evidence of
thematters stated in the certificate; and(c)acertificatepurportingtobethatoftheregistrarofaSmallClaimsTribunalastoasumassessedbythetribunalundersection 10(3) is admissible as evidence of
the matters stated inthe certificate.15Regulations(1)The
Governor in Council may make regulations under this Act.(2)A regulation may make provision with
respect to—(a)the forms to be used under this Act;
or(b)enforcingordersofSmallClaims
Tribunalsandthepowersofpersons enforcing the orders.16Application to existing
agreementsTheprovisionsofthisActapply,notonlyinrespectofrelevantagreements made
after the commencement of this section and the partiesthereto,but,withtheexceptionofsection8(1),(2)and(3)(a),alsoinrespect of relevant agreements made before
that commencement and theparties thereto.
18Mobile Homes Act 1989SCHEDULE 1PART 1—TERMS
IMPLIED IN RELEVANTAGREEMENTSsection
5(1)1Duration of agreementSubject to clause 2, the right to position a
mobile home on the site shallsubsistuntiltheagreementisdulyterminatedinaccordancewiththeMobile Homes Act 1989.2.(1)Iftheowner’sentitlementtousethelandasasiteisoflimitedduration, by reason of any planning scheme or
an approval or permission ofthe relevant
local government, the period for which the right subsists
shallnot extend beyond the duration of the owner’s
entitlement.(2)If before the expiry of the period for
which the right would subsistpursuant to
subclause (1) there is a change in circumstances that allows
fora longer duration of the right, account shall
be taken of that change.3Termination by
occupierTheoccupierisentitledtoterminatetheagreementbywrittennoticegiventotheownernotlessthan4weeksbeforethedateonwhichtermination is to
take effect.4Termination by ownerThe
owner is entitled to apply to a Small Claims Tribunal for an
orderthat permits termination of the agreement
and, subject to the order beingmade,isentitledtoterminatetheagreementonanyofthefollowinggrounds—(a)the occupier has committed a breach of
a term of the agreementand,afterserviceontheoccupierofanoticetoremedythebreach,hasnotcompliedwiththenoticewithinareasonabletime;
19Mobile Homes Act 1989SCHEDULE 1 (continued)(b)the
occupier has unlawfully assaulted or threatened to
unlawfullyassault, or has procured another to
unlawfully assault or threatento unlawfully
assault the owner of, or other person lawfully on,the
site, or has wilfully destroyed or damaged or threatened todestroy or damage, or has procured another
to destroy or damageor threaten to destroy or damage
property, other than property ofthe occupier, on
the site;(c)the occupier is not occupying the
mobile home positioned on thesite as the
occupier’s only or principal place of residence;(d)therecurrentbehaviouronthesiteoftheoccupier,orofanyperson residing
with or associated with the occupier, interfereswith
the quiet enjoyment of the site by any other occupier;(e)the mobile home positioned on the
site, having regard to its ageand condition is
having a detrimental effect on the amenity of thesite;(f)the
relevant local government has granted its approval of the
useof the site for a purpose other than as a
site.5Recovery of overpayments by
occupierWheretheagreementisterminatedpursuanttoclause3or4,theoccupierisentitledtorecoverfromtheownersomuchofanypaymentmadebytheoccupierpursuanttotheagreementasisattributabletoaperiod after the termination.6Sale of mobile homes(1)The occupier is entitled—(a)to sell the mobile home; and(b)toassigntheoccupier’srightsandobligationsundertheagreement to a person approved by the
owner.(2)Theownermustnotunreasonablyrefusetoapproveaproposedassignee.(2A)Iftheoccupiergivestheownerawrittenrequesttoapproveaproposedassignee,theownermust,within1monthofreceivingtherequest—
20Mobile Homes Act 1989SCHEDULE 1 (continued)(a)give
the occupier written notice of the owner’s decision; and(b)iftheownerrefusestherequest—givewrittenreasonsfortherefusal.(3)In
the occupier’s efforts to sell the mobile home, the occupier
shallnot engage in, or permit others on the
occupier’s behalf to engage in, actsthat affect the
environment of the site or the quiet enjoyment of the site
byother occupiers.7Gift
of mobile home(1)The occupier is entitled to give the
mobile home and to assign his orherrightsandobligationsundertheagreementtoamemberoftheoccupier’sfamilyapprovedbytheowner,whoshallnotunreasonablywithhold
approval.(2)Forthepurposesofthisclausethereferencetoamemberoftheoccupier’s family includes—(a)the spouse of the occupier; and(b)a child or grandchild of the occupier;
and(c)a child of the spouse of the
occupier.8Repositioning of mobile homeIf
the owner is entitled to require the occupier to reposition the
mobilehome on another part of the site—(a)that other part of the site shall be
broadly comparable to the partofthesiteonwhichtheoccupierwasoriginallyentitledtoposition the mobile home; and(b)all expenses incurred in consequence
of the requirement shall bepaid by the
owner.
21Mobile Homes Act 1989SCHEDULE 1 (continued)PART 2—MATTERS
CONCERNING WHICH TERMSMAY BE IMPLIEDsection
5(2)1.The right of the occupier to quiet
enjoyment.2.The sums payable by the occupier
pursuant to the agreement and thetimes at which
they are to be paid.3.Thereviewatyearlyintervalsofsumspayablebytheoccupierpursuant to the agreement.4.The provision or improvement of
services available to occupiers onthe site, and the
use by the occupier of such services.5.The
preservation of the amenity of the site.6.Themaintenanceandrepairofthesitebytheowner,andthemaintenance and repair of the mobile
home by the occupier.7.Access by the
owner to the land on which the occupier is entitled toposition the mobile home.
22Mobile Homes Act 1989ENDNOTES1Index to endnotesPage2Date to which amendments incorporated
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.223Key . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .224Table of reprints
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .235Tables in earlier reprints . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .236List of legislation . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . .237List of annotations . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .242Date to which amendments
incorporatedThis is the reprint date mentioned in the
Reprints Act 1992, section 5(c). Accordingly, thisreprint includes all amendments that
commenced operation on or before 1 April 2003.Future amendments
of the Mobile Homes Act 1989 may be made in accordance with
thisreprint under the Reprints Act 1992, section
49.3KeyKey to
abbreviations in list of legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdo in comorigpparaprecpresprevExplanation=Acts
Interpretation Act 1954=amended=amendment=chapter=definition=division=expires/expired=gazette=heading=inserted=lapsed=notified=order
in council=omitted=original=page=paragraph=preceding=present=previousKey(prev)procprovptpubdR[X]RArelocrenumrep(retro)rvsschsdivSIASIRSLsubunnumExplanation=previously=proclamation=provision=part=published=Reprint No.[X]=Reprints Act 1992=relocated=renumbered=repealed=retrospectively=revised edition=section=schedule=subdivision=Statutory Instruments Act 1992=Statutory Instruments Regulation
2002=subordinate legislation=substituted=unnumbered
23Mobile Homes Act 19894Table of reprintsReprints are
issued for both future and past effective dates.For
the most up-to-date tableof reprints, see the reprint with the
latest effective date.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.TABLE
OF REPRINTSReprintNo.11A1B1C1D22A2BAmendments
includedto 1993 Act No. 82to 1994 Act No.
87to 1996 Act No. 56to 1997 Act No.
82to 1998 Act No. 29to 1998 Act No.
29to 1998 Act No. 29to 2000 Act No.
20Effective14 February
19941 December 199420 November
19965 December 19975 December
19975 December 19971 December
19981 July 20002Cto
2002 Act No. 741 April 2003Reprint
date28 March 199419 July
19968 January 199716 December
199722 June 199828 July
19989 July 199925 August
2000(Column discontinued)Notes5Tables in earlier reprintsTABLES IN EARLIER REPRINTSName
of tableChanged titlesRenumbered
provisionsReprint No.116List of
legislationMobile Homes Act 1989 No. 50date
of assent 5 May 1989ss 1–2 commenced on date of assents 7
never proclaimed into force and om 1994 No. 87 s 3 sch 3 pt
1remaining provisions commenced 9 September
1989 (proc pubd gaz 9 September1989 p
212)amending legislation—Statute Law
(Miscellaneous Provisions) Act 1989 No. 103 ss 1–3 schdate
of assent 25 October 1989commenced on date of
assent
24Mobile Homes Act 1989Public
Service (Administrative Arrangements) Act 1990 (No. 2) No. 80 ss
1–3 sch 6date of assent 14 November 1990commenced 31 August 1989 (see s
2(2)(b))Justice Legislation (Miscellaneous
Provisions) Act 1992 No. 40 ss 1–2(1)(a), pt 3Adate of assent 14
August 1992ss 1, 2(1)(a) commenced on date of
assentss 134–135 commenced 14 February 1994 (1994
SL No. 32)remaining provisions commenced on date of
assentConsumer Law (Miscellaneous Provisions) Act
1993 No. 82 pts 1, 7, s 3 sch 1date of assent 17
December 1993commenced on date of assentStatute Law (Miscellaneous Provisions) Act
(No. 2) 1994 No. 87 ss 1–3 sch 3 pt 1date of assent 1
December 1994commenced on date of assentConsumer Law and Other Justice Legislation
(Miscellaneous Provisions) Act 1996No. 56 pts 1,
14date of assent 20 November 1996commenced on date of assentJustice and Other Legislation (Miscellaneous
Provisions) Act (No. 2) 1997 No. 82ss 1–2, pt
18date of assent 5 December 1997commenced on date of assentResidential Tenancies Amendment Act 1998 No.
29 ss 1, 2(3) pt 3date of assent 18 May 1998ss
1–2 commenced on date of assentremaining
provisions commenced 1 December 1998 (see s 2(3))GST
and Related Matters Act 2000 No. 20 ss 1, 2(4), 29 sch 3date
of assent 23 June 2000ss 1–2 commenced on date of
assentremaining provisions commenced 1 July 2000
(see s 2(4))Discrimination Law Amendment Act 2002 No. 74
ss 1–2, 90 schdate of assent 13 December 2002ss
1–2 commenced on date of assents 90 commenced 31
March 2003 (2003 SL No. 51)remaining provisions commenced 1 April
2003 (2003 SL No. 51)7List of
annotationsPART 1—PRELIMINARYpt hdgins
1996 No. 56 s 130Commencements 2om
1996 No. 56 s 131
25Mobile Homes Act 1989Interpretations 3def“caravan”sub 1998 No. 29 s
145def“Local Authority”om 1992 No. 40 s
134(1)def“Minister”ins 1990 No. 80 s
3 sch 6 (retro)om 1992 No. 40 s 134(1)def“mobile home”sub 1992 No. 40.
s 134def“spouse”om 2002 No. 74 s
90 schPART 2—PROVISIONS ABOUT MOBILE HOMESpt
hdgins 1996 No. 56 s 132Particulars of
agreements 4amd 1993 No. 82 s 38; 1997 No. 82 s
72Local government’s approvals
7om 1994 No. 87 s 3 sch 3 pt 1Strictures on conduct of sites
8amd 1992 No. 40 s 135; 1993 No. 82 s 3 sch
1; 2000 No. 20 s 29 sch 3Termination of agreements
9amd 1993 No. 82 s 3 sch 1Grant
of jurisdictions 10amd 1989 No. 103 s 3 schRecovery by occupier of certain moneyss
11amd 1989 No. 103 s 3 schOwner of site must
comply with cl 6(2A) of implied termss 11Ains
1993 No. 82 s 39PART 3—ENFORCEMENTpt hdgins
1996 No. 56 s 133Division 1—Inspectorsdiv hdgins
1996 No. 56 s 133Appointments 12prev
s 12 om 1993 No. 82 s 3 sch 1pres s 12 ins
1996 No. 56 s 133Inspector’s identity cards 12Ains
1996 No. 56 s 133Production of inspectors’ identity
cards 12Bins 1996 No. 56 s 133Division 2—Inspector’s powersdiv
hdgins 1996 No. 56 s 133Entry of place by
inspectors 12Cins 1996 No. 56 s 133Warrantss 12Dins
1996 No. 56 s 133
