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Residential Tenancy Act 1997 (No. 82 of 1997)
Requested:  21 May 2013
Consolidated as at:  11 Jan 2005

6. Non-application of Act

      (1) This Act does not apply to –

(a) any agreement under a mortgage in respect of residential premises; or

(b) any agreement relating to residential premises under a scheme under which –

(i) a group of adjacent or adjoining premises is owned by a company; and

(ii) the premises comprising the group are let by the company to persons who jointly have a controlling interest in the company; or

(c) [Section 6 Subsection (1) amended by No. 67 of 2003, s. 5, Applied:05 Mar 2004] .  .  .  .  .  .  .  .  

(d) [Section 6 Subsection (1) amended by No. 67 of 2003, s. 5, Applied:05 Mar 2004] .  .  .  .  .  .  .  .  

(e) any agreement giving a person a right of occupancy to residential premises not ordinarily used for holiday purposes for the purpose of a holiday for a period not exceeding 3 months.

      (2) This Act does not apply to any of the following:

(a) [Section 6 Subsection (2) amended by No. 49 of 2003, s. 6, Applied:25 Aug 2004] any part of a hotel or motel that is not boarding premises;

(b) any premises ordinarily used for holiday purposes;

(c) [Section 6 Subsection (2) amended by No. 49 of 2003, s. 6, Applied:25 Aug 2004] any boarding premises located in a building containing less than 3 boarding premises where –

(i) the owner occupies the same building as a principal place of residence; or

(ii) the tenant occupies the building as a principal place of residence and sub-lets the boarding premises;

(d) any part of an educational institution, hospital or nursing home;

(e) any part of a club;

(f) [Section 6 Subsection (2) amended by No. 67 of 2003, s. 5, Applied:05 Mar 2004] any premises used to provide residential care, within the meaning of the Aged Care Act 1997 of the Commonwealth;

(g) [Section 6 Subsection (2) amended by No. 67 of 2003, s. 5, Applied:05 Mar 2004] any premises in respect of which a memorandum of lease is registered under the Land Titles Act 1980.

(h) [Section 6 Subsection (2) amended by No. 67 of 2003, s. 5, Applied:05 Mar 2004] .  .  .  .  .  .  .  .  

(i) [Section 6 Subsection (2) amended by No. 67 of 2003, s. 5, Applied:05 Mar 2004] .  .  .  .  .  .  .  .  

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