Page 2325 - Week 07 - Thursday, 27 August 2020

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21

Proposed new schedule 2

Page 59, line 10—

insert

Schedule 2   Delayed amendments

(see s 3)

Part 2.1    Human Rights Commission Act 2005

[2.1]  New section 53U (2) and (3) 

insert

(2) To remove any doubt, the Residential Tenancies Act 1997, section 73 (2) does not require a party to an occupancy agreement to attempt to resolve a dispute under a university dispute resolution procedure before the ACAT deals with a complaint referred to it under this division.

(3) In this section:

university dispute resolution procedure—see the Residential Tenancies Act 1997, section 73 (3).

Part 2.2    Residential Tenancies Act 1997

[2.2]  New section 71C (1) (b) (ia) 

insert

(ia) except if section 6B applies, an agreement to occupy premises in a residential facility associated with, or on the campus of, or provided under an arrangement with, an education provider;

[2.3]  New section 71EA (1A)

insert

(1A) However, subsection (1) (g) does not apply to a penalty or consequence under a university requirement.

[2.4]  Section 71EA (5), new definition of university requirement

insert

university requirement means a statute, rule or policy about student discipline or medical leave made under, or authorised by, the Australian National University Act 1991 (Cwlth) or the University of Canberra Act 1989.

[2.5]  Section 71ED (1)

after

occupancy agreement

insert

, other than an education provider occupancy agreement,

[2.6]  Section 71ED (5), new definition of education provider occupancy agreement

insert

education provider occupancy agreement means an occupancy agreement in relation to premises in a residential facility associated with, or on the campus of, or provided under an arrangement with, an education provider.

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