QueenslandRental Bond Act
1989RENTALBONDREGULATION1992Reprinted as in force on 20 January
1994(includes amendments up to SL No. 520 of
1993)Reprint No. 2This reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
regulation is reprinted as at 20 January 1994.As required by
section 5 of theReprints Act 1992, it—•showsthelawasamendedbyallamendmentsthatcommencedonorbeforethat day;
and•incorporatesallnecessaryconsequentialamendments,whetherofpunctuation,numbering or
another kind.As required by section 6 of the Reprints Act
1992, the reprint includes a reference tothelawbywhicheachamendmentwasmade—seeListoflegislationandListofannotations in
Endnotes.The opportunity has also been taken, under
section 7 of the Reprints Act 1992, to dothe
following—•correctspelling,andusedifferentspellingconsistentwithcurrentlegislativedrafting
practice, as permitted by section 26(2) of that Act;•usepunctuationconsistentwithcurrentlegislativedraftingpracticeaspermitted by section 27 of that Act.This
page is specific to this reprint.See previous
reprint for information about earlierchanges made under
the Reprints Act 1992.A Table of previous reprints is
includedin the Endnotes.Also see Endnotes
for—•details about when provisions
commenced; and•any provisions that have not commenced
and are not incorporated in thereprint.
3Rental Bond Regulation 1992RENTAL BOND REGULATION 1992[as
amended by all amendments that commenced on or before 20 January
19942]˙Short
title1.This regulation may be cited as
theRental Bond Regulation 19923–5.˙Commencement2.Theprovisionsofthisregulation,exceptsections1,2and6,commence on 1 April 1992.˙Definition4.In
this regulation—“approvedform”meanstheformapprovedbytheMinisterundersection
6.˙Interpretation—meaning of holding a
bond5.In this regulation, a reference to the
Authority holding a rental bond isa reference to
the Authority—(a)having been paid the amount of a
rental bond under section 19 ofthe Act;
and(b)not having paid out all of the amount
under Part 4 of the Act.˙Minister to
approve forms6.(1)If this
regulation allows or requires a person to give a form to theAuthority in the approved form, the Minister
must approve a form for thatpurpose.(2)A person may request the Minister to
give to the person a document
4Rental Bond Regulation 1992setting out an approved form.(3)The Minister must promptly comply with
the request.˙Approved forms to be used7.The prescribed form for—(a)an application under section 25 of the
Act for payment out of anamount of rental bond; and(b)a report under section 36(1) of the
Act as to the state of repair andgeneral
condition of premises;is the relevant approved form.˙Bond lodgment8.(1)A
person who pays the amount of a rental bond to the Authorityunder
section 19 of the Act must give to the Authority, with the amount,
abond lodgment form in the approved
form.(2)A person who pays the amount of a
rental bond to the Authority ininstalments under
section 21 of the Act must give to the Authority—(a)with the first instalment—a bond
lodgment form in the approvedform; and(b)with each subsequent instalment—an
advice of remittance in theapproved
form.˙Transfer of bond9.(1)If—(a)a landlord and a
tenant have entered into a residential tenancyagreement;
and(b)the Authority is holding a rental bond
in relation to the agreement;the landlord and
the tenant may jointly request the Authority to hold therental bond in relation to another
residential tenancy agreement, in place ofthe first
agreement.(2)A request made under subsection (1)
must be in the approved form.
5Rental Bond Regulation 1992(3)TheAuthoritymustagreetotherequestifitissatisfiedthatthelandlord and the tenant have complied
with this section.(4)If the Authority agrees to a request
under this section—(a)in relation to the first residential
tenancy agreement—the amountof the rental
bond is taken to have been paid by the Authorityunder section 26(a) of the Act; and(b)in relation to the second residential
tenancy agreement—(i)for the purpose of section 36 of the
Act, the landlord is takento have required payment of a rental
bond by the tenant; and(ii)the amount of
the rental bond is taken to have been paid tothe Authority
under section 19 of the Act.˙Change
of landlord or landlord’s agent10.If,
in relation to a residential tenancy agreement—(a)the
Authority is holding a rental bond; and(b)a
person ceases to be a landlord or landlord’s agent;thepersonmust,within14days,notifytheAuthorityintheapprovedform—(c)that he or she has ceased to be the
landlord or landlord’s agent;and(d)if the person is aware at the time of
ceasing to be a landlord orlandlord’s agent
that another person has become the landlord orlandlord’s
agent—of the name of the other person.˙Change
of particulars of landlord or landlord’s agent11.A
person required to notify a tenant under section 50(2) of the
Actmust do so in the approved form.˙Change of tenant12.(1)If,
in relation to a residential tenancy agreement—(a)the
Authority is holding a rental bond; and
6Rental Bond Regulation 1992(b)a person becomes or ceases to be a
tenant;the persons mentioned in subsection (2) must,
within 14 days, give to theAuthority a
notice, in the approved form, that the person has become orceased to be a tenant.(2)The
persons required to give the notice under subsection (1)
are—(a)the landlord or, if there is a
landlord’s agent, the landlord’s agent;and(b)the person (if any) who became a
tenant; and(c)the person (if any) who ceased being a
tenant; and(d)any other tenant who is aware of the
change in tenancy at the timethat the change
occurs.˙Exemption from s 23A of the Act12A.AresidentialtenancyagreementwithanentityspecifiedintheScheduleisexemptfromtherequirementsofsection23AoftheAct,subject to the condition that the entity must
not require a rental bond of morethan the amount
specified in the Schedule for the entity.˙Period
for which receipt must be kept13.Forthepurposeofsection35oftheAct,theprescribedtimeforwhichalandlordoralandlord’sagentmustkeepareceiptgivenundersection 34 of the
Act is 6 years from the date of the receipt.˙Authorisation of persons signing for
landlord’s agents14.If a landlord’s agent authorises a
person to sign, on behalf of thelandlord’s agent,
a form allowed or required to be given under the Act orthis
regulation, the landlord’s agent must immediately—(a)notify the Authority, in the approved
form, of the name of theperson; and(b)give
to the Authority a specimen signature of the person.
7Rental Bond Regulation 1992S¡CHEDULE†RENTAL BOND EXEMPTIONSsection 12A1.Council of the Shire of Broadsound. .
. . . . . . . . . . . . . .2.Council of the
Shire of Cloncurry. . . . . . . . . . . . . . . . . .3.Collinsville Coal Company Pty Ltd . .
. . . . . . . . . . . . . . .4.Northern Regional Health Authority—(a)for a 2 bedroom residential premises .
. . . . . . . . . . .(b)for a 3 bedroom
residential premises . . . . . . . . . . . .$400.00400.00300.00560.00760.00
8Rental Bond Regulation 1992†ENDNOTES´1Index to EndnotesPage2Date to which amendments incorporated
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
83Table of previous reprints. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . 84List of legislation . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . 85List of annotations. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . 9´2Date
to which amendments incorporatedThisisthereprintdatementionedinsection5(c)oftheReprintsAct1992.Accordingly,thisreprintincludesallamendmentsthatcommencedoperationonorbefore20January1994.FutureamendmentsoftheRentalBondRegulation1992maybemadeinaccordancewiththisreprintundersection49oftheReprintsAct
1992.´3Table of
previous reprintsReprint No.Amendments
includedReprint date1none1 June 1992´4List of legislationRental
Bond Regulation 1992 SL No. 25pubd Gaz 29
February 1992 pp 1252–6ss 1–2, 6 commenced on date of
publicationremaining provisions commenced 1 April 1992
(see s 2)as amended by—Rental Bond
Amendment Regulation (No. 1) 1993 SL No. 520notfd Gaz 17
December 1993 pp 1812–21commenced on date of
notification
9Rental Bond Regulation 1992´5List of
annotationsKey to abbreviations in list of
annotationsamdChapcldefDivhdginsomprecpresprev(prev)provPtRArenumSdivsub==================amendedChapterclausedefinitionDivisionheadinginsertedomittedprecedingpresentpreviouspreviouslyprovisionPartReprints Act 1992renumberedSubdivisionsubstitutedProvisions not
included in reprint, or amended byamendments not
included in reprint, are underlinedRepeals
3om (see s 40 RA)Exemption from s
23A of the Acts 12Ains 1993 SL No. 520 s 3SCHEDULE—RENTAL BOND EXEMPTIONSins
1993 SL No. 520 s 4