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Residential Tenancy Act 1997 (No. 82 of 1997)
Requested:  1 Oct 2014
Consolidated as at:  11 Jan 2005

29. Determination of dispute

      (1) [Section 29 Subsection (1) amended by No. 67 of 2003, s. 11, Applied:05 Mar 2004] The Commissioner is to determine a dispute by giving notice to the parties of the Commissioner's decision to disburse the security deposit together with the prescribed amount of interest (if any such amount is prescribed) in the manner specified in the notice.

      (2) The Commissioner is not to make a determination until at least 7 days have elapsed since receipt by the owner of a notice referred to in section 28(3).

      (3) [Section 29 Subsection (3) inserted by No. 67 of 2003, s. 11, Applied:05 Mar 2004] The Commissioner may refuse to determine a dispute if the application is made after the period referred to in section 28(2)(a).

      (4) [Section 29 Subsection (4) inserted by No. 67 of 2003, s. 11, Applied:05 Mar 2004] The Commissioner may refund –

(a) to the owner the fee paid under section 28(5) if of the opinion that the application by the tenant is vexatious; or

(b) to the tenant the fee paid under section 28(2)(c) if of the opinion that any action of the owner in relation to the subject matter of the dispute is vexatious.

      (5) [Section 29 Subsection (5) inserted by No. 67 of 2003, s. 11, Applied:05 Mar 2004] If after the expiration of 7 days from the date on which the determination is made no appeal has been lodged under section 30(1), the Commissioner is to disburse the security deposit together with the prescribed amount of interest (if any such amount is prescribed) in the manner specified in the notice referred to in subsection (1).


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CURRENT VIEW: 5 Mar 2004 - 1 Jul 2009
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