Residential Tenancies Amendment Act 2020

59 New sections 109B to 109E inserted

After section 109A, insert:

109B Tribunal may make pecuniary penalty orders

(1)

The Tribunal may, on the application of the chief executive, order a landlord to pay to the Crown the pecuniary penalty that the Tribunal determines to be appropriate if the Tribunal is satisfied that,—

(a)

at the time of committing the unlawful act, the landlord was—

(i)

a landlord of 6 or more tenancies (see section 2(2B) to (2D)); or

(ii)

a landlord of a boarding house; and

(b)

the landlord intentionally committed an unlawful act under any of the following provisions:

(i)

section 45(1A) or 66I(4) (landlord’s responsibilities: cleanliness, maintenance, smoke alarms, healthy homes standards, and buildings, health, and safety requirements):

(ii)

section 45(1AB) or 66I(5) (landlord’s responsibilities: contaminated premises):

(iii)

section 54(3) (retaliatory notice of termination):

(iv)

section 60AA (acting to terminate without grounds):

(v)

section 137(2) (contracting to contravene or evade the provisions of this Act).

(2)

The chief executive may not make an application under subsection (1) later than 12 months from the date on which the chief executive first became aware of the unlawful act.

109C Maximum amount of pecuniary penalty

The maximum amount of pecuniary penalty for an unlawful act referred to in section 109B is $50,000.

109D Considerations for Tribunal in determining pecuniary penalty

In determining an appropriate pecuniary penalty, the Tribunal must have regard to all relevant matters, including—

(a)

the nature and extent of the unlawful act; and

(b)

the nature and extent of any loss or damage suffered by any person because of the unlawful act; and

(c)

any gains made or losses avoided by the landlord in the unlawful act; and

(d)

the circumstances in which the unlawful act took place.

109E Only 1 pecuniary penalty order may be made for same conduct

If conduct by a landlord constitutes an unlawful act under 2 or more provisions, proceedings may be brought against that landlord for the unlawful act under any 1 or more of the provisions, but no landlord is liable to more than 1 pecuniary penalty order for the same conduct.