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139A: Regulations relating to infringement offences
or “Rules about small fines for breaking less serious parts of the law”

You could also call this:

“Rules can be made about different things to help make the law work better for everyone.”

The Governor-General can make rules about different things for this law. These rules can be about:

You might need to fill out forms for some things in this law. The rules can say what these forms should look like.

Sometimes you need to pay fees for things in this law. The rules can say how much these fees are and when you don’t have to pay them.

When you start renting a place, your landlord might need to give you some information. The rules can say what this information should be.

If you need to pay a bond, the rules might let you pay it in smaller amounts over time. They can also say how the landlord is protected if you don’t pay all the amounts.

The rules can say how you should pay money to the person in charge.

If people don’t follow the rules, they might get in trouble. The rules can say what trouble they might get into, but the fine can’t be more than $1,000.

The rules can say who else this law applies to.

The rules can say which lists of information can be used to check things about tenants.

The rules can also cover any other things that are needed to make this law work properly.

The rules can say when you don’t have to pay fees. This might be if you’ve paid a bond that’s at least a certain number of weeks’ rent, or if you’ve told the landlord where to send you mail.

These rules are a type of law called secondary legislation.

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Next up: 141: Schedule 1 may be amended by Order in Council

or “The government can change the list of rules without making a new law.”

Part 5 Miscellaneous provisions

140Regulations relating to other matters

  1. The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

  2. prescribing forms to be used for any purposes under this Act:
    1. prescribing fees to be paid in respect of any matter under this Act, and specifying the circumstances in which any such fee may be waived or remitted in whole or in part:
      1. requiring the provision of specified information by the landlord to the tenant at the commencement of a tenancy agreement:
        1. providing for the payment of bonds by instalments; and providing for a landlord to be indemnified or protected in some other way from any loss arising out of the failure by the tenant to pay all the required instalments:
          1. prescribing the method by which payments are to be made to the chief executive:
            1. prescribing offences in respect of the contravention of or non-compliance with any regulations made under this Act, and the amounts of fines that may be imposed in respect of any such offences, which fines shall be an amount not exceeding $1,000:
              1. prescribing persons or classes of persons for the purposes of section 5(1)(y)(ii):
                1. prescribing specified databases for the purposes of section 112C(2):
                  1. providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
                    1. Regulations under this section that prescribe the circumstances in which a fee may be waived or remitted in whole or in part may specify, as circumstances in which fees payable by landlords and tenants may be waived or remitted in whole or in part,—

                    2. the fact that a bond of not less than a prescribed number of weeks' rent has been paid in accordance with section 19 or section 21, as the case may be:
                      1. the fact that an address for service has been notified under section 15 or section 16, as the case may be.
                        1. Nothing in subsection (2)(a) limits or affects section 18(1).

                        2. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                        Compare
                        • Residential Tenancies Act 1978–1981 s 95 (SA)
                        Notes
                        • Section 140(1)(da): inserted, on , by section 49(2) of the Residential Tenancies Amendment Act 1996 (1996 No 7).
                        • Section 140(1)(e): amended, on , by section 76(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                        • Section 140(1)(eaa): inserted, on , by section 76(2) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                        • Section 140(1)(ea): inserted, on , by section 86 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
                        • Section 140(2): inserted, on , by section 17 of the Residential Tenancies Amendment Act 1992 (1992 No 79).
                        • Section 140(3): inserted, on , by section 17 of the Residential Tenancies Amendment Act 1992 (1992 No 79).
                        • Section 140(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).