Western Australia: Residential Tenancies Act 1987 (WA)

Western Australia Residential Tenancies Act 1987 Western Australia Residential Tenancies Act 1987 Contents Part I — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 3A. References to residential premises or premises 1 4. Position of Crown 1 5. Application of Act 1 6. Modification of application of Act by regulation 1 7. Transitional provisions relating to commencement of this Act 1 Part II — Administration 7A. Commissioner 1 8. Functions of Commissioner 1 9. Commissioner may institute or defend proceedings for party 1 10. Delegation 1 11. Protection from liability 1 11AA. Disclosure of bond information 1 11A. Information officially obtained to be confidential 1 11B. Powers of investigation 1 Part III — Determination of disputes Division 1 — Provisions relating to applications made or referred to Commissioner 11C. Application of Division 1 11D. Parties to application 1 11E. Disputed tenancy matters 1 11F. Notice of application and invitation to make submissions 1 11G. Commissioner may require further information 1 11H. False or misleading information 1 11I. Deciding application 1 11J. Notice of Commissioner's decision 1 11K. Commissioner may publish decision and reasons 1 11L. Commissioner may decline to decide application and refer parties to Magistrates Court 1 Division 2 — Disputes determined by the Magistrates Court 12. Terms used 1 12A. Jurisdiction over prescribed disputes 1 13. Jurisdiction over other disputes 1 13A. Magistrates Court's jurisdiction 1 13B. Appeals from decisions of registrar 1 13C. Appeals from decisions of Commissioner 1 14. Time for determination of proceedings 1 15. Applications for relief and orders that may be made 1 16. Enforcement 1 17A. Disputes between tenants 1 17B. Determination of rights and liabilities after termination of tenant's interest on grounds of family violence 1 17. Application to vary or set aside order 1 18. Form of applications and notice of hearing 1 19. Witnesses and inspection of documents 1 20. General powers in proceedings 1 21. Evidence 1 22. Presentation of cases 1 23. Settlement by conciliation 1 24. Costs 1 25. Reservation of question of law 1 26. Finality of proceedings 1 Division 3 — Retaliatory action taken by lessor 26A. Retaliatory action 1 26B. Retaliatory action taken by lessor 1 Part IV — Residential tenancy agreements Division 1A — Form of residential tenancy agreement and associated documents 27A. Written residential tenancy agreement to be in approved form 1 27B. Information to be given to tenant by lessor 1 27C. Property condition report at start and end of tenancy 1 Division 1 — Rent and security bonds 27. Restriction on consideration for tenancy agreement 1 27AA. Residential tenancy must be offered for rent at fixed amount 1 28. Rent in advance 1 29. Security bonds 1 30. Variation of rent (except where calculated by reference to tenant's income) 1 31A. Variation of rent where calculated by reference to tenant's income 1 31B. When residential tenancy agreement is continuation of existing residential tenancy agreement 1 31. Increase in security bond 1 32. Limitation of excessive rents in certain circumstances 1 33. Duty to give receipt for rent 1 34A. Manner of payment of rent 1 34. Proper records of rent to be kept 1 35. Payment of rent by post‑dated cheques etc. prohibited 1 36. Apportionment of rent 1 Division 2 — General standard terms 38. Tenant's responsibility for cleanliness and damage 1 39. Tenant's conduct on premises 1 40. Vacant possession 1 41. Legal impediments to occupation as residence 1 42. Lessor's responsibility for cleanliness and repairs 1 43. Urgent repairs 1 44. Quiet enjoyment 1 45. Securing premises 1 46. Lessor's right of entry 1 48. Lessor to bear outgoings in respect of premises 1 49A. Lessor's and tenant's responsibilities in respect of public utility services 1 49. Right of tenant to assign or sub‑let 1 50. Vicarious responsibility of tenant for breach by other person lawfully on premises 1 Division 2A — Standard terms related to keeping pets 50A. Keeping pet at residential premises 1 50B. Request for consent to keep pet at premises 1 50C. Conditions for approval to keep pet at premises 1 50D. Grounds for refusing pet being kept at premises 1 50E. Lessor's application for approval to refuse consent to keep pet at premises 1 50F. Lessor's application for approval to impose conditions on consent to keep pet at premises 1 50G. Tenant's application for order that refusal not permitted 1 50H. Tenant's application for order that conditions imposed on consent are unreasonable 1 50I. Tenant responsible for pet 1 Division 2B — Standard terms related to modifications to premises Subdivision 1 — Modifications by tenant to prevent furniture from falling 50J. Tenant may attach furniture to wall for safety of child or person with disability 1 50K. Request for consent to make furniture safety modification 1 50L. Grounds for refusing tenant's request to make furniture safety modification 1 Subdivision 2 — Modifications by tenant to prevent entry to premises in circumstances of family violence 50M. Tenant may make prescribed modification to prevent entry in circumstances of family violence 1 Subdivision 3 — Minor modifications made by tenant 50N. Tenant may make minor modification to premises 1 50O. Request for approval to make minor modification 1 50P. Conditions for consent to make minor modification 1 50Q. Grounds for refusing tenant's request to make minor modification 1 50R. Refusal of consent to make modification needed for disability access prohibited 1 50S. Lessor's application for approval to refuse consent for minor modification 1 50T. Lessor's application for approval to impose conditions on consent for minor modification 1 50U. Tenant's application for order that refusal not permitted 1 50V. Tenant's application for order that conditions imposed on consent are unreasonable 1 Subdivision 4 — Other modifications 50W. When tenant may make other modifications to premises 1 50X. Lessor may make modification to premises 1 50Y. Request for approval to make modification 1 50Z. Refusal of consent to modification needed for disability access prohibited 1 Subdivision 5 — Tenant's responsibilities in relation to modifications to premises 50ZA. Purpose of Subdivision 1 50ZB. Tenant bears costs of modification and responsibility for repairs 1 50ZC. Modification to have regard to age and character of premises 1 50ZD. Tenant must remove modification and restore premises 1 50ZE. Tenant responsible for damage caused by making or removing modification or restoring premises 1 Division 3 — General 51. Tenant to be notified of lessor's name and address 1 52. Failure to pay rent with intention it be recovered from security bond 1 53. Tenant's name, place of employment and forwarding address 1 54. Lessor to deliver copy of agreement to tenant 1 55. Cost of written agreement to be borne by lessor 1 56. Discrimination against tenants with children 1 56A. Discrimination against tenants subjected or exposed to family violence 1 57. Accelerated rent and liquidated damages prohibited 1 58. Duty of mitigation 1 59A. Minors 1 59B. Death of one of 2 or more tenants 1 59C. Recognition of certain persons as tenants 1 59D. Tenant compensation bonds 1 59E. Interference with quiet enjoyment 1 59F. Offences relating to security of residential premises 1 Part V — Termination of residential tenancy agreements Division 1 — How residential tenancy agreements are terminated 60. How residential tenancy agreements and tenant's interests in agreements are terminated 1 Division 2 — Notices of termination 61. Form of notice of termination by lessor 1 62. Notice of termination by lessor upon ground of breach of term of agreement 1 63. Notice of termination by lessor who has entered into contract of sale 1 64. Notice of termination by lessor without any ground 1 65. Termination by lessor where s. 32 invoked 1 66. Notice by lessor not waived by acceptance of rent 1 67. Form of notice of termination by tenant 1 68. Notice of termination by tenant 1 69. Notice of termination by lessor or tenant where agreement frustrated 1 70A. Notice of termination by lessor or tenant at end of fixed term tenancy 1 70. Effect of notice of termination of periodic tenancy 1 Division 2A — Special provisions about terminating tenant's interest on grounds of family violence 71AA. Terms used 1 71AB. Notice of termination of tenant's interest on ground that tenant subject to family violence 1 71AC. Review of notice of termination under s. 71AB 1 71AD. Rights of co‑tenants after notice under s. 71AB 1 71AE. Termination of tenant's interest by court on grounds of family violence 1 71AF. Review of Division 1 Division 3 — Special provisions about terminating social housing tenancy agreements Subdivision 1 — Preliminary 71A. Terms used 1 71B. Application of Division 1 Subdivision 2 — Notice of termination where tenant not eligible for social housing premises 71C. Notice of termination by lessor on ground that tenant not eligible for social housing premises 1 71D. Assessment of tenants eligibility for social housing premises 1 71E. Criteria for assessing eligibility of tenants for social housing premises under s. 71D 1 71F. Review of decision to give notice on ground that tenant not eligible for social housing premises 1 71G. Time periods to be observed where notice of termination given under this Subdivision 1 Subdivision 3 — Notice of termination where tenant offered alternative social housing premises 71H. Notice of termination by lessor where tenant offered alternative social housing premises 1 71I. Review of decision to give notice on ground that tenant offered alternative social housing premises 1 71J. Time periods to be observed where notice of termination given under this Subdivision 1 Division 4 — Orders for termination of residential tenancy agreement 71. Application by lessor for termination and order for possession 1 72. Application for termination and order for possession in relation to fixed term agreements 1 73A. Notice of termination not required in certain cases 1 73. Termination of agreement where tenant causing serious damage or injury 1 74. Termination of agreement where lessor or tenant would otherwise suffer undue hardship 1 75A. Termination of social housing tenancy agreement due to objectionable behaviour 1 75. Termination of agreement for breach by lessor 1 76A. Termination of agreement by lessor if premises abandoned 1 76B. Dispute about s. 76A notice 1 Division 5 — General 76C. Fixed term tenancies continued as periodic tenancies 1 76. Compensation to lessor for holding over 1 77. Abandonment of premises 1 78A. Order about abandonment 1 78B. Review of abandonment order 1 78. Right of lessor to compensation where tenant abandons premises 1 79. Abandoned goods 1 80A. Abandoned documents 1 80. Recovery of possession of premises prohibited except by court order 1 81A. Mortgagee repossessions of rented properties 1 81B. Notice of proposed recovery of premises by person with superior title 1 81. Order for tenancy against person with superior title 1 Part VIA — Residential tenancy databases Division 1 — Preliminary 82A. Terms used 1 82B. Application of Part 1 Division 2 — Tenancy database information 82C. Notice of usual use of database 1 82D. Notice of listing if database used 1 82E. Listing can be made only for particular breaches by particular persons 1 82F. Further restriction on listing 1 82G. Ensuring quality of listing — lessor's or agent's obligation 1 82H. Ensuring quality of listing — database operator's obligation 1 82I. Providing copy of personal information listed 1 82J. Disputes about listings 1 82K. Keeping personal information listed 1 Part VI — Miscellaneous 82. Contracting out 1 83. Recovery of amounts paid under mistake of law or fact 1 84. Exemption of tenancy agreement or premises from provision of Act 1 85. Service 1 86. Court may refer matter to Commissioner for investigation 1 86A. Provisions imposing obligation to act on lessor or property manager 1 86B. Agency of lessor's property manager not limited 1 87A. Defence where lessor and property manager are both charged with the same offence 1 87. Time for bringing proceedings 1 88A. Infringement notices 1 88B. Cross‑examination of persons in proceedings involving family violence 1 88C. Approved forms 1 88. Regulations 1 90. Review of Act 1 Part 7 — Savings and transitional provisions Division 1 — Savings and transitional provisions relating to Residential Tenancies Amendment Act 2011 91. Savings in relation to contracting out of standard terms 1 92. Terms used 1 93. All security bonds to be transferred to bond administrator after renewal of agreement or within 18 months 1 94. Requirements for AFI holding security bonds 1 95. Power of Commissioner to obtain information relating to AFI security bond accounts 1 96. Disposal of security bond held in AFIs 1 97. Application of Part VIA to listings existing before commencement day 1 Division 2 — Transitional provision relating to Consumer Protection Legislation Amendment Act 2019 98. Application of s. 49A to residential tenancy agreements and utility charges 1 Division 3 — Transitional provisions relating to Residential Tenancies Amendment Act 2024 99. Variation of rent for fixed term residential tenancy agreement entered, renewed or extended before commencement 1 100. Variation of rent for residential tenancy agreement, other than fixed term agreement, entered before commencement 1 101. Application of Pt. 5A in relation to existing residential tenancy agreements 1 102. Existing authorised agents of bond administrator 1 103. Validation of r. 12BA and 12CA 1 Schedule 1 — Provisions relating to holding and disposal of bonds and income from bonds Division 1 — General 1. Term used: authorised agent 1 3. Rental Accommodation Account 1 4. Duties of bond administrator 1 Division 2 — Security bonds 5A. Security bond moneys to be paid to bond administrator 1 5. Disposal of security bond by bond administrator 1 8. Court may determine disposal of security bond 1 Division 3 — Tenant compensation bonds 9. Application of Division 1 10. Disposal of tenant compensation bond to tenant by bond administrator 1 11. Disposal of tenant compensation bond to lessor by bond administrator 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Residential Tenancies Act 1987 An Act to regulate the relationship of lessors and tenants under residential tenancy agreements, to consequentially amend certain Acts 1, and for connected purposes. [Long title amended: No. 60 of 2011 s. 4.] Part I — Preliminary 1. Short title This Act may be cited as the Residential Tenancies Act 1987. 2. Commencement This Act shall come into operation on such day as is fixed by proclamation. 3. Terms used In this Act, unless the contrary intention appears — approved form means a form approved under section 88C; assistance animal means — (a) an assistance dog as defined in the Dog Act 1976 section 8(1); or (b) an animal accredited, under a law of a State or Territory or by an animal training organisation, to assist a person with disability in relation to the person's disability; or (c) an animal trained — (i) to assist a person with disability in relation to the person's disability; and (ii) to meet standards of hygiene and behaviour that are appropriate for an animal in a public place; bond means a security bond or a tenant compensation bond; bond administrator means the chief executive officer of the Department; Commissioner means the person for the time being designated as the Commissioner under section 7A; common area — (a) means an area accessible to, or provided for the common use of, tenants; and (b) includes common property (as defined in the Strata Titles Act 1985 section 3) of a strata scheme or survey strata scheme; community titles scheme has the meaning given in the Community Titles Act 2018 section 3(1); competent court, in relation to an application made under this Act, means a court that under section 12A or 13 has jurisdiction to hear and determine the application; Department means the department of the Public Service principally assisting in the administration of this Act; disability means a disability — (a) which is attributable to an intellectual, psychiatric, cognitive, neurological, sensory or physical impairment or a combination of those impairments; and (b) which is permanent or likely to be permanent; and (c) which may or may not be of a chronic or episodic nature; and (d) which results in a substantially reduced capacity of the person for communication, social interaction, learning or mobility; disputed tenancy matter has the meaning given in section 11E(1); expiry day, in relation to a residential tenancy agreement that creates a tenancy for a fixed term, means the day on which the residential tenancy agreement would (but for the operation of this Act) upon its terms have terminated by effluxion of time or the happening of an event; family violence has the meaning given in the Restraining Orders Act 1997 section 5A(1); furniture safety modification has the meaning given in section 50J(2); Housing Authority has the meaning given in section 71A; known party, for Part 5A Division 3, has the meaning given in section 81P; lessor — (a) means a person who grants the right to occupy residential premises under a residential tenancy agreement; and (b) includes — (i) a personal representative, successor or assignee of a lessor; and (ii) where the context requires, a prospective, or former, lessor; major modification, in relation to premises, has the meaning given in section 50W(1); minor modification, in relation to premises, means a modification to the premises of a minor nature prescribed for this definition; modification, in relation to residential premises, includes — (a) an alteration or renovation of, or addition to, the premises; and (b) attaching a thing to the premises; notice of dispute, of a security bond release application, has the meaning given in section 81H(2); notice period, in relation to a security bond release application, has the meaning given in section 81F(4); original condition means — (a) in relation to residential premises that have been modified — the condition of the premises before the modification was made, fair wear and tear excepted; or (b) in relation to residential premises that have been damaged — the condition of the premises before the damage occurred, fair wear and tear excepted; party — (a) in relation to a residential tenancy agreement — means each of the following — (i) the lessor under the agreement; (ii) if there is 1 tenant under the agreement — the tenant under the agreement; (iii) if there are 2 or more co‑tenants under the agreement — each co‑tenant under the agreement; or (b) in relation to an application to which Part III Division 1 applies — has the meaning given in section 11D; personal information means information (including an individual's name) or an opinion, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion; pet means an animal other than an assistance animal; premises includes — (a) any part of premises; and (b) land and appurtenances appurtenant to premises; prescribed means prescribed in the regulations; property manager means a person who is — (a) licensed or registered under the Real Estate and Business Agents Act 1978; and (b) in relation to a residential tenancy agreement, the agent of the lessor of the premises to which the agreement relates; reasonable grounds, for suspecting that a tenant has abandoned residential premises, means that the tenant has failed to pay rent under the residential tenancy agreement and that at least one of the following has occurred — (a) the presence at the premises of uncollected mail, newspapers or other material; (b) reports from neighbours of the tenant or from other persons indicating the tenant has abandoned the premises; (c) the absence of household goods at the premises; (d) the disconnection of services (including gas, electricity and telephone) to the premises; rent means a payment under a residential tenancy agreement payable by the tenant in respect of the tenancy period or part of the tenancy period; Rental Accommodation Account means the Rental Accommodation Account established under Schedule 1 clause 3; residential premises means premises that constitute or are intended to constitute a place of residence; residential tenancy agreement means any agreement, whether or not in writing and whether express or implied, under which any person for valuable consideration grants to any other person a right to occupy, whether exclusively or otherwise, any residential premises, or part of residential premises, for the purpose of residence; retaliatory action has the meaning given in section 26A; scheme by‑laws — (a) in the case of a community titles scheme — has the meaning given in the Community Titles Act 2018 section 3(1); or (b) in the case of a strata titles scheme — has the meaning given in the Strata Titles Act 1985 section 3(1); security bond means an amount paid or payable by a tenant as security for the performance of the tenant's obligations under a residential tenancy agreement, including an amount referred to in section 29(1)(b)(ii); security bond release application has the meaning given in section 81C(1); social housing premises has the meaning given in section 71A; social housing provider has the meaning given in section 71A; social housing tenancy agreement has the meaning given in section 71A; State Register of Heritage Places means the register established and maintained under the Heritage Act 2018 section 35; strata company has the meaning given in the Strata Titles Act 1985 section 3(1); strata titles scheme has the meaning given in the Strata Titles Act 1985 section 3(1); tenancy means the right of occupancy under a residential tenancy agreement; tenancy period, in relation to a residential tenancy agreement, means the whole period during which the agreement is in force, whether the agreement is for a fixed term or creates a periodic tenancy; tenant — (a) means a person who is granted a right of occupancy of residential premises under a residential tenancy agreement; and (b) includes, where the context requires, a prospective, or former, tenant; tenant compensation bond means a bond referred to in section 59D(2). [Section 3 amended: No. 50 of 1988 s. 4; No. 57 of 1997 s. 39(10); No. 59 of 2004 s. 118; No. 28 of 2006 s. 133; No. 60 of 2011 s. 5 and 90; No. 23 of 2014 s. 87; No. 3 of 2019 s. 4; No. 25 of 2019 s. 64; No. 11 of 2024 s. 4.] 3A. References to residential premises or premises (1) In a provision of this Act that relates to a residential tenancy agreement, a reference to the residential premises, or the premises, is taken to be a reference to the residential premises for which a right to occupy is granted under the agreement. (2) For the purposes of subsection (1), a provision of this Act that refers to a lessor or a tenant is taken to be a provision that relates to the residential tenancy agreement to which the lessor or the tenant is a party. [Section 3A inserted: No. 11 of 2024 s. 5.] 4. Position of Crown Subject to sections 5(2)(f) and 6, this Act binds the Crown. 5. Application of Act (1) Subject to this section and sections 6 and 7, this Act applies to any residential tenancy agreement entered into, renewed, extended, assigned or otherwise transferred after the commencement of this Act. (1A) This Act does not apply to a residential tenancy agreement that is a strata lease, within the meaning of the Strata Titles Act 1985. Note for this subsection: This subsection does not affect the application of this Act to a residential tenancy agreement that is a sublease of a strata lease. (2) This Act does not apply to any residential tenancy agreement in any of the following circumstances — (a) where the tenant is a party to an agreement for the sale and purchase of the premises, unless the period of the tenancy is one month or longer; (b) where the agreement arises under a mortgage in respect of the premises; (c) where the agreement arises under a scheme under which — (i) a group of adjacent 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; (d) where the tenant is a boarder or lodger; (e) where the agreement is bona fide entered into for the purpose of conferring on a person a right to occupy premises for a holiday; (f) where the agreement is entered into as lessor, whether generally or in prescribed circumstances, by any prescribed person or agency being a person or agency that is acting on behalf of the Crown; (g) where the agreement is a prescribed agreement, or is an agreement of a prescribed class. (3) This Act does not apply to or in relation to any of the following — (a) any part of a hotel or motel; (b) accommodation for students provided — (i) by an educational institution; or (ii) by an entity, other than the educational institution, if the accommodation is provided other than for the purpose of making a profit, unless the accommodation is prescribed, or is of a class prescribed, for the purposes of this paragraph; (ca) any part of a hospital or nursing home; (c) any premises used for the purposes of a club; (d) any premises used to provide residential care to approved care recipients by an approved provider as defined in the Aged Care Act 1997 (Commonwealth); (e) any prescribed premises or premises of a prescribed class. (4) For the purposes of subsection (2)(e), an agreement conferring a right to occupy premises for a fixed term of 3 months or longer shall be deemed, in the absence of proof to the contrary, not to have been entered into bona fide for the purpose of conferring a right to occupy the premises for a holiday. (5) Subject to subsection (6), this Act applies to a site at a caravan park, within the meaning of the Caravan Parks and Camping Grounds Act 1995 (whether or not a caravan, within the meaning of that Act, is situated on that site) as if the site was residential premises for the purposes of this Act. (6) This Act does not apply to a site at a residential park, within the meaning of the Residential Parks (Long-stay Tenants) Act 2006, other than in relation to a residential tenancy agreement — (a) under which a person has a right to occupy such a site; and (b) that is an existing fixed term long-stay agreement made in writing, to which the Residential Parks (Long-stay Tenants) Act 2006 does not apply in accordance with section 6(4) of that Act. (7) Subsection (6) has effect despite section 8(1) of the Residential Parks (Long-stay Tenants) Act 2006. [Section 5 amended: No. 34 of 1995 s. 33; No. 32 of 2006 s. 98; No. 60 of 2011 s. 6; No. 30 of 2018 s. 182.] 6. Modification of application of Act by regulation The Governor may by regulation provide that a provision of this Act shall not apply to or in relation to, or shall apply in a modified manner to, the following, or any combination of the following — (a) any residential tenancy agreement or class of residential tenancy agreements; or (b) any premises or class of premises; or (c) any prescribed person or agency being a person or agency that is acting on behalf of the Crown. 7. Transitional provisions relating to commencement of this Act (1) Where — (a) a residential tenancy agreement was entered into before the commencement of this Act and continues after such commencement; and (b) the tenancy under the agreement is a periodic tenancy, this Act shall, subject to any other provision of this Act, apply to the agreement on and from the first day after such commencement on which rent is payable under the agreement. (2) Where this Act applies to a residential tenancy agreement by virtue of subsection (1) — (a) any proceedings commenced in relation to the agreement before that application may be continued and completed as if this Act had not come into operation; and (b) any notice to quit given in relation to the agreement before that application shall have effect and may be enforced as if this Act had not come into operation; and (c) any process commenced before that application, being a process whereby the rent may be increased under the agreement, may be continued and completed and shall have effect to increase the rent as if this Act had not come into operation, but subject to any order under section 32; and (d) proceedings may be brought subject to and in accordance with this Act in respect of any cause of action that arose before that application, not being a cause of action subject to proceedings at the time of that application; and (e) no civil or criminal liability shall be incurred by virtue of that application in respect of any act or omission before that application. (3) Where — (a) this Act becomes applicable to a residential tenancy agreement by reason of a renewal, extension, assignment or transfer referred to in section 5(1); and (b) at the time of such application a security bond in respect of the agreement has been paid to the lessor or a person acting on the lessor's behalf, the following provisions apply — (c) the lessor shall cause the person who is holding the security bond to pay the amount of the security bond allowed by section 29(1), or such lesser amount as is held, to the bond administrator; (d) each payment referred to in paragraph (c) shall be made not later than 21 days after this Act becomes applicable to the residential tenancy agreement; (e) any amount paid to the bond administrator must be credited to the Rental Accommodation Account and is to be taken, for the purposes of this Act, to have been paid under section 29(4)(b). (4) Nothing in section 29(4) applies to a periodic tenancy to which this Act becomes applicable by virtue of subsection (1). [Section 7 amended: No. 59 of 1995 s. 56; No. 77 of 2006 Sch. 1 cl. 149(5); No. 60 of 2011 s. 7 and 89.] Part II — Administration 7A. Commissioner (1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Act. (2) The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette. (3) In this section — executive officer has the meaning given by section 3(1) of the Public Sector Management Act 1994. [Section 7A inserted: No. 28 of 2006 s. 134.] 8. Functions of Commissioner (1) The Commissioner has the following functions for the purposes of this Act — (a) the investigation of and conduct of research into matters relating to the interests of parties to residential tenancy agreements generally or any particular party or parties; (b) the publication of reports and guidelines and the dissemination of information on matters relating to the interests of parties to residential tenancy agreements; (c) the giving of advice to persons on the provisions of this Act or any other law relating to or affecting the interests of parties to residential tenancy agreements; (d) the investigation, upon the complaint of a party to a residential tenancy agreement or otherwise, of an offence against this Act or of an infringement of a party's rights arising out of any residential tenancy agreement and the taking of action by negotiation, prosecution of such offence or otherwise; (e) the making of reports to the Minister on matters referred to the Commissioner by the Minister and matters of importance investigated by the Commissioner, whether referred to the Commissioner by the Minister or not; (f) another function conferred or imposed on the Commissioner by this Act; (g) another function prescribed for the Commissioner. [(2) deleted] [Section 8 amended: No. 28 of 2006 s. 135; No. 11 of 2024 s. 6.] 9. Commissioner may institute or defend proceedings for party [(1A) deleted] (1) The Commissioner may, upon being satisfied that there is a cause of action and that it is in the public interest, on behalf of any party to a residential tenancy agreement, institute legal proceedings against any other person or defend any proceedings brought against the party or assume the conduct of proceedings already commenced by or against the party, with a view to enforcing or protecting the rights of the party in relation to any infringement or suspected infringement by that other person of those rights or of any of the provisions of this Act or other law relating to the interests of such parties. (2) The Commissioner may, if the Commissioner considers it appropriate, on behalf of any tenant, institute proceedings under section 32 or assume the conduct of proceedings already commenced under that section by the tenant. (3) The Commissioner shall not institute, defend or assume the conduct of, any proceedings under subsection (1) or (2) on behalf of a party — (a) without first — (i) obtaining the written consent of the party which once given shall be irrevocable except with the consent of the Commissioner; and (ii) obtaining the written consent of the Minister which may be given subject to such conditions as the Minister thinks fit; and (b) in relation to a residential tenancy agreement that has terminated unless a complaint is made to the Commissioner by a person who was a party to that agreement within 3 months after termination of the residential tenancy agreement. (4) In relation to any proceedings referred to in subsection (1) or (2) the following provisions shall apply — (a) the Commissioner shall, on behalf of the party to the residential tenancy agreement, have in all respects the same rights in, and control over, the proceedings, including the right to settle any action or part of any action, as the party would have had in the conduct of those proceedings; and (b) the Commissioner may, without consulting or seeking the consent of the party, conduct the proceedings in such manner as the Commissioner thinks appropriate and proper; and (c) in the case of proceedings already commenced by or against the party, the court hearing the proceedings shall, on the application of the Commissioner, order that the Commissioner be substituted for the party as a party to the proceedings, and may make such other orders or give such other directions in that behalf as the court thinks fit; and (d) any moneys (excluding costs) recovered by the Commissioner shall belong and be paid to the party without deduction and any amount awarded against the party shall be paid by and recoverable from the party, but in all cases the costs of the proceedings shall be borne by or paid to and retained by the Commissioner as the case may require; and (e) if any party to the proceedings alleges another cause of action, or if the party on whose behalf the proceedings are being defended has another cause of action, the court hearing the proceedings shall, on the application of the Commissioner, order that the proceedings for the other cause of action be heard separately and that the party be a party to those proceedings in the party's own right and may make such other orders or give such other directions in that behalf as the court thinks fit. (5) In any proceedings referred to in subsection (1), a document purporting to be signed by the Commissioner stating in respect of the proceedings that the Commissioner is satisfied that there is a cause of action and that it is in the public interest to institute, defend or assume the conduct of the proceedings, as the case may be, on behalf of the party to the residential tenancy agreement shall, in the absence of proof to the contrary, be accepted as proof that the Commissioner instituted, defended or assumed the conduct of the proceedings, as the case may be, in accordance with that subsection. (6) In any proceedings referred to in subsection (2), a document purporting to be signed by the Commissioner stating in respect of the proceedings that the Commissioner considers it appropriate to institute or assume the conduct of the proceedings, as the case may be, on behalf of the tenant shall, in the absence of proof to the contrary, be accepted as proof that the Commissioner instituted or assumed the conduct of the proceedings, as the case may be, in accordance with that subsection. (7) In any proceedings referred to in subsection (1) or (2) — (a) a document purporting to be the consent of the party to the residential tenancy agreement to the Commissioner instituting, defending or assuming the conduct of the proceedings, as the case may be; or (b) a document purporting to be the Minister's consent to the Commissioner instituting, defending or assuming the conduct of the proceedings, as the case may be, shall, in the absence of proof to the contrary, be accepted as proof of the matters referred to in the document. (8) Any money which the Commissioner becomes liable to pay by virtue of this section shall be charged to the Consolidated Account and this subsection, without any further appropriation, shall be sufficient authority for any such payment. (9) Any costs received by the Commissioner under subsection (4)(d) shall be credited to the Consolidated Account. [Section 9 amended: No. 50 of 1988 s. 18; No. 6 of 1993 s. 11; No. 59 of 1995 s. 56; No. 59 of 2004 s. 121; No. 77 of 2006 s. 4; No. 60 of 2011 s. 8; No. 11 of 2024 s. 7.] 10. Delegation (1) The Commissioner may delegate any power or duty of the Commissioner under another provision of this Act to another employee of the Department. (2) The bond administrator may delegate any power or duty of the bond administrator under another provision of this Act to another employee of the Department. (3) The delegation must be in writing signed by the Commissioner or bond administrator, as the case requires. (4) A person to whom a power or duty has been delegated under this section cannot delegate that power or duty. (5) A person exercising a power or performing a duty that has been delegated to the person under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown. (6) Nothing in this section limits the ability of the Commissioner or the bond administrator to perform a power or duty through an officer or agent. [Section 10 inserted: No. 11 of 2024 s. 8.] 11. Protection from liability (1) A person is not liable for anything that the person has done, in good faith, in the performance or purported performance of a function under this Act. (2) The State is also relieved of any liability that it might have had for another person having done anything described in subsection (1). (3) The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted. (4) In this section, a reference to doing a thing includes a reference to omitting to do the thing. [Section 11 inserted: No. 11 of 2024 s. 8.] 11AA. Disclosure of bond information (1) In this section — bond information means information held by, or on behalf of, the bond administrator relating to, or arising from, the payment to the bond administrator of — (a) the security bond for a residential tenancy agreement; or (b) a tenant compensation bond payable under a tenant compensation order; relevant entity means each of the following — (a) the chief executive officer of the Department; (b) the Commissioner; (c) the Housing Authority; (d) the Magistrates Court. (2) The bond administrator may disclose bond information, including personal information, to a relevant entity to the extent the information is required by the relevant entity in the course of the entity's duties or functions. (3) The bond administrator may enter into an arrangement with a relevant entity for the purposes of facilitating the disclosure of information under subsection (2). [Section 11AA inserted: No. 11 of 2024 s. 9.] 11A. Information officially obtained to be confidential (1) A person who misuses information obtained by reason of any function that person has, or at any time had, in the administration of this Act commits an offence. Penalty for this subsection: a fine of $20 000. (2) A person misuses information if it is, directly or indirectly, recorded, used, or disclosed to another person, other than — (a) in the course of duty; or (b) as required or allowed under this Act or another written law; or (c) for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence; or (d) in a manner that could not reasonably be expected to lead to the identification of any person to whom the information refers; or (e) with the consent of the person to whom the information relates, or each of them if there is more than one. (3) In this section — information means information concerning the affairs of a person. [Section 11A inserted: No. 28 of 2006 s. 136; amended: No. 60 of 2011 s. 10; No. 3 of 2019 s. 25; No. 11 of 2024 s. 10.] 11B. Powers of investigation The Fair Trading Act 2010 section 61 and Part 6 of that Act apply to this Act. [Section 11B inserted: No. 58 of 2010 s. 189.] Part III — Determination of disputes Division 1 — Provisions relating to applications made or referred to Commissioner [Heading inserted: No. 11 of 2024 s. 11.] 11C. Application of Division This Division applies in relation to — (a) any of the following applications made or referred to the Commissioner — (i) a lessor's application under section 50E, 50F, 50S or 50T; (ii) a tenant's application under section 50G, 50H, 50U or 50V; (iii) a security bond release application referred by the bond administrator under section 81I; or (b) an application made to the Commissioner in relation to a disputed tenancy matter. [Section 11C inserted: No. 11 of 2024 s. 11.] 11D. Parties to application In this Division, a party to an application made in relation to a residential tenancy agreement is — (a) each party to the agreement who made the application; and (b) each other person who is — (i) for a security bond release application — given notice of the application by the bond administrator under section 81F(2); or (ii) otherwise — known to the Commissioner as a lessor, tenant or co‑tenant under the residential tenancy agreement. [Section 11D inserted: No. 11 of 2024 s. 11.] 11E. Disputed tenancy matters (1) A regulation may prescribe a matter (a disputed tenancy matter) relating to the rights and obligations of the parties to a residential tenancy agreement as a matter about which the Commissioner may make decisions if the parties to a residential tenancy agreement are in dispute about the matter. (2) A party to a residential tenancy agreement may apply to the Commissioner to make an order stated in the application in relation to a disputed tenancy matter. [Section 11E inserted: No. 11 of 2024 s. 11.] 11F. Notice of application and invitation to make submissions (1) This section applies to an application other than a security bond release application. Note for this subsection: See section 81Q in relation to the Commissioner giving notice of receipt of a security bond release application and inviting submissions. (2) The Commissioner must give written notice of the receipt of the application to each party to the application. (3) The notice must state that — (a) the party may make a submission to the Commissioner about the application; and (b) if the party makes a submission to the Commissioner by the day stated in the notice, the Commissioner will consider the party's submission in deciding the application. [Section 11F inserted: No. 11 of 2024 s. 11.] 11G. Commissioner may require further information (1) The Commissioner may give a party to an application a notice requiring the party to give the Commissioner the information stated in the notice. (2) The Commissioner may, in the notice, require the person to do either or both of the following by the day stated in the notice — (a) provide evidence to support a claim made by the person; or (b) verify the information or evidence the person gives to the Commissioner by statutory declaration or in another way. (3) If the party does not comply with the requirement by the stated day, the Commissioner may decide the application without the person's information and the notice given to the party under subsection (2) must state that fact. (4) The Commissioner may, in writing, extend the period stated in the notice. [Section 11G inserted: No. 11 of 2024 s. 11.] 11H. False or misleading information (1) A person must not give the Commissioner information in relation to the application that the person knows, or ought reasonably to know, is false or misleading in a material particular. Penalty for this subsection: a fine of $10 000. (2) For subsection (1), it is immaterial whether the information was given in response to a requirement under section 11G or for another reason. [Section 11H inserted: No. 11 of 2024 s. 11.] 11I. Deciding application (1) The Commissioner must decide an application on the information available to the Commissioner. (2) Subsection (1) does not limit another provision of this Act that provides for matters the Commissioner must consider or be satisfied of in deciding the application. (3) The Commissioner cannot decide the application before the later of the following days — (a) the day stated in a notice given to any party to the application under section 11F or 81Q as the day by which a submission must be given to the Commissioner to be considered in deciding the application; (b) the day stated in a notice given to any party to the application under section 11G as the day by which the requirement under the notice must be complied with. (4) The powers of the Commissioner under section 11B do not apply for the purposes of deciding the application. (5) This section does not apply if the Commissioner declines to decide the application under section 11L. [Section 11I inserted: No. 11 of 2024 s. 11.] 11J. Notice of Commissioner's decision (1) The Commissioner must give notice of the Commissioner's decision on an application to each party to the application. (2) The notice must state — (a) the decision; and (b) the Commissioner's reasons for the decision; and (c) that, if the party is dissatisfied with the decision, the party may appeal the decision to the Magistrates Court within 7 days after the day on which the notice is given and how the party may start an appeal. (3) If the application is a security bond release application, the Commissioner must give a copy of the notice to the bond administrator. [Section 11J inserted: No. 11 of 2024 s. 11.] 11K. Commissioner may publish decision and reasons (1) The Commissioner may publish — (a) the Commissioner's decision on an application; and (b) the Commissioner's reasons for the decision. (2) However, a decision or reasons published under subsection (1) must not include information that could identify or lead to the identification of — (a) a party to the application; or (b) another individual; or (c) the residential premises the subject of the application. [Section 11K inserted: No. 11 of 2024 s. 11.] 11L. Commissioner may decline to decide application and refer parties to Magistrates Court (1) The Commissioner may decline to decide an application if the Commissioner — (a) considers the application cannot be decided on the information available to the Commissioner; or (b) is aware that another dispute relating to the residential tenancy agreement is before the Magistrates Court; or (c) for a security bond release application — (i) does not have current contact details for 1 or more of the parties to the application; or (ii) considers the amount in dispute is more than the amount of the security bond; or (d) otherwise considers it is appropriate in all of the circumstances to refer the application to the Magistrates Court. (2) If the Commissioner declines to decide an application, the Commissioner must give each party to the application a notice that states — (a) the Commissioner declines to decide the application; and (b) the Commissioner's reasons for declining; and (c) that the party may apply to the Magistrates Court under section 15(1A) for relief in relation to the matter the subject of the application. Note for this section: See section 12A in relation to the jurisdiction of the Magistrates Court to hear and determine the application. [Section 11L inserted: No. 11 of 2024 s. 11.] Division 2 — Disputes determined by the Magistrates Court [Heading inserted: No. 11 of 2024 s. 12.] 12. Terms used In this Division — prescribed amount means $10 000 or such other amount as may be prescribed; prescribed dispute means any matter that may be the subject of an application under this Act, other than an application made under this Act that is, or involves, a claim for an amount over the prescribed amount, but includes an application made under clause 8 of Schedule 1, irrespective of the amount claimed. [Section 12 inserted: No. 59 of 2004 s. 119; amended: No. 11 of 2024 s. 13(1).] 12A. Jurisdiction over prescribed disputes (1) The Magistrates Court has exclusive jurisdiction to hear and determine a prescribed dispute and such disputes are not justiciable by any other court or tribunal. (2) A prescribed dispute is a minor case for the purposes of Part 4 of the Magistrates Court (Civil Proceedings) Act 2004 and the jurisdiction conferred by subsection (1) is to be exercised accordingly. [Section 12A inserted: No. 59 of 2004 s. 119.] 13. Jurisdiction over other disputes (1) If an application made under this Act is, or involves, a claim for an amount over the prescribed amount, any court that is competent to hear and determine a claim founded on contract for the amount of that claim has jurisdiction to hear and determine the application. (2) To the extent that subsection (1) confers jurisdiction on the Magistrates Court, that jurisdiction is not to be exercised in accordance with Part 4 of the Magistrates Court (Civil Proceedings) Act 2004. (3) Despite subsection (2), the parties to an application referred to in subsection (1) in respect of which the Magistrates Court has jurisdiction may consent in writing (which consent is irrevocable) to the proceedings being heard and determined by the Magistrates Court in accordance with Part 4 of the Magistrates Court (Civil Proceedings) Act 2004. (4) In respect of the hearing and determination of an application referred to in subsection (1) — (a) the practice and procedure applicable in the court dealing with the application shall, subject to subsection (3), apply and this Part (other than this subsection) and regulations made for the purposes of this Part shall not apply; but (b) subject to paragraph (a), this Act shall apply. (5) If on an application referred to in subsection (1) the plaintiff recovers an amount that is not more than the prescribed amount, the plaintiff shall not be awarded any costs unless the court is satisfied that at the time of making the application there were reasonable grounds for the plaintiff to believe that the plaintiff had a claim for an amount over the prescribed amount. [Section 13 inserted: No. 59 of 2004 s. 119; amended: No. 60 of 2011 s. 11.] 13A. Magistrates Court's jurisdiction (1) For the purpose of exercising the jurisdiction conferred by section 12A and 13, the Magistrates Court is to be constituted by a magistrate. (2) Despite subsection (1), a registrar of the Magistrates Court may, subject to the directions of a magistrate, exercise the court's jurisdiction in respect of any application that is to be dealt with in accordance with Part 4 of the Magistrates Court (Civil Proceedings) Act 2004 if — (a) the application is within a prescribed class of applications; and (b) either — (i) the application is not disputed; or (ii) a party to the application does not appear. (3) An application made under this Act to the Magistrates Court shall be made to the court at the place nearest to the place where the premises the subject of the proceedings are situated. (4) Subsection (3) does not prevent the Magistrates Court from making an order under the Magistrates Court (Civil Proceedings) Act 2004 section 22 that proceedings under this Act are to be conducted at another place in the State. [Section 13A inserted: No. 59 of 2004 s. 119; amended: No. 60 of 2011 s. 12.] 13B. Appeals from decisions of registrar A person dissatisfied with a decision of a registrar in respect of a matter on which a registrar has exercised jurisdiction under section 13A(2) may appeal to a magistrate under section 29 of the Magistrates Court Act 2004. [Section 13B inserted: No. 69 of 2006 s. 29.] 13C. Appeals from decisions of Commissioner (1) A person who is dissatisfied with the Commissioner's decision on an application under section 11I may appeal the decision to the Magistrates Court. (2) A person may appeal against a decision of the Commissioner on a security bond release application even if the security bond the subject of the application has been paid to 1 or more of the parties to the application under Part 5A Division 2. (3) The appeal must be started within 7 days after the day on which notice of the Commissioner's decision was given to the parties to the application. (4) A magistrate may extend the period mentioned in subsection (3) and may do so even if the time has elapsed. (5) The appeal is to be by way of rehearing of the matter the subject of the Commissioner's decision. (6) The rules of the Magistrates Court apply to the appeal as if the appeal were an appeal of a decision of a registrar under the Magistrates Court Act 2004 section 29. [Section 13C inserted: No. 11 of 2024 s. 14.] 14. Time for determination of proceedings Proceedings under this Act shall be heard and determined wherever practicable within 14 days after they are instituted and, where that is not practicable, as expeditiously as possible. 15. Applications for relief and orders that may be made (1) Where a lessor or tenant under a residential tenancy agreement or a party to an agreement for an option to enter into a residential tenancy agreement claims that a breach of the agreement has occurred or that a dispute has arisen under the agreement, the lessor or tenant may apply for relief to a competent court. (1A) A lessor or tenant under a residential tenancy agreement who is given a notice under section 11L may apply to the Magistrates Court for relief in relation to the matter the subject of the application to the Commissioner referred to in the notice. Note for this subsection: The Commissioner may decline to decide an application made to the Commissioner under Part III Division 1 and advise the parties that they may apply to the Magistrates Court for relief. See section 11L. (2) Upon such an application the court may — (a) by such order as it considers appropriate in the circumstances — (i) restrain any action in breach of the agreement; or (ii) require any action in performance of the agreement; and (b) order the payment of any amount payable under the agreement; and (c) order the payment of compensation for loss or injury, other than personal injury, caused by any breach of the agreement; and (d) authorise payment of the rent under the agreement into the Magistrates Court until the agreement has been performed or any application for compensation has been determined, and order that such rent be paid out towards the cost of remedying the breach or towards the amount of any compensation or otherwise as it considers appropriate; and (e) make such ancillary or incidental order as the court considers appropriate. (3) The court may make an order under subsection (2)(a) notwithstanding that it provides a remedy in the nature of an injunction or order for specific performance in circumstances in which such remedy would not otherwise be available. (4) Upon an application with respect to the breach of a residential tenancy agreement, the court shall take into account any previous breaches by the lessor or tenant of the agreement. (5) The court may order that a person be joined as a party to the proceedings if the court considers that — (a) the person ought to be bound by, or have the benefit of, a decision of the court in the proceedings; or (b) the person's interests are affected by the proceedings; or (c) for any other reason it is desirable that the person be joined as a party. (6) The court may make an order under subsection (5) on the application of any person or on its own initiative. [Section 15 amended: No. 50 of 1988 s. 8 and 18; No. 59 of 2004 s. 120 and 121; No. 60 of 2011 s. 13 and 89; No. 17 of 2014 s. 5; No. 11 of 2024 s. 15(1).] 16. Enforcement (1) A person shall not, without reasonable excuse, fail to comply with an order under section 15(2) other than an order for payment of any amount. Penalty for this subsection: a fine of $10 000. (2) An order made under this Act by a competent court may be enforced as if it were a judgment of that court. [Section 16 amended: No. 50 of 1988 s. 9; No. 59 of 2004 s. 121; No. 60 of 2011 s. 14; No. 3 of 2019 s. 25.] 17A. Disputes between tenants (1) Where 2 or more tenants under a residential tenancy agreement are jointly liable under the agreement to pay an amount to the lessor and one of the tenants (the first tenant) pays another tenant's portion of that amount, the first tenant may apply to a competent court for an order that the other tenant pay to the first tenant the other tenant's portion. (2) The court hearing the application may — (a) make the order referred to in subsection (1); and (b) order the payment of compensation to the first tenant by the other tenant for loss or injury, other than personal injury, caused by a failure by the other tenant to pay that tenant's portion of the amount referred to in subsection (1); and (c) make such ancillary or incidental order as the court considers appropriate. [Section 17A inserted: No. 60 of 2011 s. 15.] 17B. Determination of rights and liabilities after termination of tenant's interest on grounds of family violence (1) A tenant, or former tenant, under a residential tenancy agreement may apply to a competent court for a determination of the rights and liabilities of the parties to the agreement once the former tenant's interest in the agreement has been terminated under section 60(1)(ba) or (bb). (2) When hearing an application under subsection (1) or section 71AE(3), the court — (a) must determine the rights and liabilities of the parties to the agreement, as affected by the termination; and (b) may order a party to pay compensation to another party for loss or injury, other than personal injury, relating to the termination. (3) Without limiting subsection (2), a determination or order under that provision may apportion the disposal of a security bond to the lessor and each tenant or former tenant as appropriate having regard to subsection (4). (4) Despite any law to the contrary, each tenant under a residential tenancy agreement has an equal interest in the security bond in respect of the agreement unless the court in a particular case determines otherwise under this section. (5) In making a determination or order under subsection (2), the court must have regard to all of the following principles — (a) that family violence is a fundamental violation of human rights and is unacceptable in any form; (b) the need to prevent further victimisation of a person who has experienced family violence through the unjust application of the principle of joint and several liability or the principle of vicarious liability; (c) the need to maximise the safety of persons who have experienced family violence by reducing any financial burden arising from the family violence; (d) the need to prevent, or reduce to the greatest extent possible, the consequences of family violence; (e) the need to protect the wellbeing of children by preventing them from being subjected or exposed to further family violence; (f) the need to encourage perpetrators of family violence to accept responsibility for their behaviour and the effect it has on others. (6) Nothing in subsection (2) is to be read as enabling the court to order compensation for early termination of a residential tenancy agreement. [Section 17B inserted: No. 3 of 2019 s. 5.] 17. Application to vary or set aside order (1) A person who is or was a party to any proceedings on an application under this Act may apply to a competent court for an order varying or setting aside an order made in those proceedings if the application was heard in the person's absence. (2) An application to vary or set aside an order, other than an order under section 84, must be made within 14 days after the making of the order. [Section 17 amended: No. 50 of 1988 s. 18; No. 59 of 2004 s. 121; No. 60 of 2011 s. 16.] 18. Form of applications and notice of hearing (1) Any application under this Act shall — (a) be made in writing in a form approved by the Minister; and (b) be accompanied by the prescribed fee (if any). (2) Before a competent court hears an application the court shall — (a) give to the applicant notice in writing setting out the time and place of the hearing; and (b) give to any other party — (i) notice in writing setting out the time and place of the hearing; and (ii) such notice of the nature of the application as is required by rules of court or directed by the court in a particular case. [Section 18 amended: No. 50 of 1988 s. 10; No. 59 of 2004 s. 121.] 19. Witnesses and inspection of documents (1) For the purpose of any proceedings — (a) a competent court may by summons — (i) require the attendance of any person before the court; or (ii) require the production of any books, papers or documents; or (iii) require both such attendance and production; (b) a competent court may — (i) inspect any books, papers or documents produced, retain them for such reasonable period as it thinks fit, and make copies of any of them, or of any of their contents; (ii) require any person appearing before it to make an oath or affirmation that the person will truly answer any relevant question put to the person by the court or any person appearing before the court; (iii) require any person appearing before it (whether the person has been summoned to appear or not) to answer any relevant question put to the person by the court or any person appearing before the court. (2) A person shall not — (a) without reasonable excuse fail to comply with the requirements of a summons served on the person under subsection (1); or (b) refuse or fail to comply with a requirement under subsection (1). Penalty for this subsection: a fine of $10 000. [Section 19 amended: No. 50 of 1988 s. 11 and 18; No. 59 of 2004 s. 120(2) and 121; No. 60 of 2011 s. 17; No. 3 of 2019 s. 25.] 20. General powers in proceedings A competent court hearing any application may — (a) hear the application in such manner as it considers best suited to the purposes of this Act; and (b) decline to entertain the application if it considers that the application is frivolous; and (c) proceed to hear and determine the application in the absence of any party thereto; and (d) where a person contravenes subsection (2) of section 19, issue a warrant to bring the person before a competent court for the purposes of subsection (1) of that section; and (e) order the refund to a person of a fee paid under section 18(1) by that person; and (f) extend or shorten any period prescribed by or under this Act within which any action must be taken, such power to extend a period being exercisable notwithstanding that that period has expired; and (g) vary or set aside any order where it considers there are proper grounds for doing so; and (h) adjourn the hearing to any time or place or to a time and place to be fixed; and (i) allow the amendment of the application; and (j) hear the application jointly with any other application; and (k) receive in evidence any transcript of evidence in proceedings before the court or any other court and draw any conclusions of fact therefrom that it considers proper; and (l) adopt, as it considers proper, any findings, decision or judgment of the court or any other court that may be relevant to the proceedings; and (m) generally give all such directions and do all such things that it thinks necessary or expedient in the proceedings. [Section 20 amended: No. 50 of 1988 s. 12 and 18; No. 59 of 2004 s. 120(1) and (2) and 121; No. 60 of 2011 s. 18.] 21. Evidence In any proceedings on an application under this Act, a competent court shall not be bound by the rules of evidence but may inform itself upon any matter relating to the proceedings in such manner as it thinks fit. [Section 21 inserted: No. 59 of 2004 s. 121.] 22. Presentat