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Residential Tenancy Act 1997 (No. 82 of 1997)
Requested:  20 May 2013
Consolidated as at:  11 Jan 2005

3. Interpretation

      (1) In this Act –[Section 3 Subsection (1) amended by No. 67 of 2003, s. 4, Applied:05 Mar 2004]

[Section 3 Subsection (1) amended by No. 67 of 2003, s. 4, Applied:05 Mar 2004] abandoned means abandoned as referred to in section 47;

agent means a person authorised by an owner to act on behalf of the owner in any matter to which this Act relates;

[Section 3 Subsection (1) amended by No. 49 of 2003, s. 4, Applied:25 Aug 2004] boarding premises means a room and any other facilities provided with the room where –

(a) the room is occupied as a principal place of residence; and

(b) any of the bathroom, toilet or kitchen facilities are shared with other persons –

but does not include premises located in a building occupied predominately by –

(c) tertiary students; or

(d) students within the meaning of the TAFE Tasmania Act 1997;

commencement day means the day on which this Act commences;

Commissioner means the Residential Tenancy Commissioner appointed under section 7;

condition report means a report referred to in section 26;

Court means the Magistrates Court exercising its civil jurisdiction in the civil division of that Court established under the Magistrates Court (Civil Division) Act 1992;

[Section 3 Subsection (1) amended by No. 17 of 1996, Applied:24 Jan 2002] Director of Consumer Affairs and Fair Trading means the person appointed as such under the Consumer Affairs Act 1988;

dispute means a dispute referred to in section 28;

[Section 3 Subsection (1) amended by No. 67 of 2003, s. 4, Applied:05 Mar 2004] early vacation means early vacation as referred to in section 46;

essential service means any of the following services:

(a) water, sewerage, electricity or heating supplied to or within the premises, excluding electrical fuses, light globes, tubes or tap washers;

(b) a cooking stove or hot-water service installed within the premises, excluding any electrical fuses or tap washers;

(c) [Section 3 Subsection (1) amended by No. 67 of 2003, s. 4, Applied:05 Mar 2004] removal of grey water from premises, including ensuring the effective functioning of any on-site water-treatment facility, but not including pipes, plumbing or other water-disposal or sewage-disposal facilities owned by a council;

[Section 3 Subsection (1) amended by No. 67 of 2003, s. 4, Applied:05 Mar 2004] grey water means grey water or sullage as defined in Australia New Zealand Standard AS/NZS 1547:2000 On-site domestic wastewater management;

holding agreement means an agreement referred to in section 31(1);

holding fee means a fee referred to in section 31(2);

nominated repairer means a person nominated by the owner to carry out repairs to essential services;

notice of termination means a notice referred to in section 38;

notice to vacate means a notice referred to in section 42;

[Section 3 Subsection (1) amended by No. 67 of 2003, s. 4, Applied:05 Mar 2004] owner means –

(a) a person who holds legal title to residential premises; and

(b) that person's successors and assigns; and

(c) an agent of that person; and

(d) a mortgagee who made an application under section 85 of the Land Titles Act 1980; and

(e) a mortgagee or encumbrancee who gave or left a notice under section 77 of the Land Titles Act 1980;

payment date means the date on which rent is due under a residential tenancy agreement;

payment period means –

(a) in respect of the first period of a new residential tenancy agreement, the period starting on the day on which occupancy is first granted under that residential tenancy agreement and ending on the day before the payment date; or

(b) in any other case, the period starting on the payment date and ending on the day before the next payment date;

rent means a payment payable under a residential tenancy agreement in respect of a period of tenancy;

[Section 3 Subsection (1) amended by No. 49 of 2003, s. 4, Applied:25 Aug 2004] residential premises means premises, or part of premises, and land provided with the premises used or intended to be used as a place of residence and includes boarding premises;

residential tenancy agreement means an agreement referred to in Part 3;

security deposit means the payment referred to in section 25(1);

suitable repairer means a person who –

(a) holds a licence if required to do so under any Act to perform repairs to residential premises or essential services; and

(b) ordinarily performs those repairs in the course of a business or as an employee of a business;

tenancy means the right of occupancy of residential premises under a residential tenancy agreement;

[Section 3 Subsection (1) amended by No. 49 of 2003, s. 4, Applied:25 Aug 2004] tenant means a person who has the right to occupy residential premises under a residential tenancy agreement;

[Section 3 Subsection (1) amended by No. 49 of 2003, s. 4, Applied:25 Aug 2004] tertiary student means a person undertaking a course at an institution as defined by section 4 of the Higher Education Funding Act 1988 of the Commonwealth.

      (2) A power or duty conferred or imposed on an owner under this Act is also a power or duty conferred or imposed on the agent of the owner.

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