Residential Tenancies (Minimum Standards) Amendment Bill 2024 (SA)

South Australia Residential Tenancies (Minimum Standards) Amendment Bill 2024 A Bill For An Act to amend the Residential Tenancies Act 1995.

Contents Part 1—Preliminary 1 Short title Part 2—Amendment of Residential Tenancies Act 1995 2 Amendment of section 48—Information to be provided by landlords to tenants 3 Insertion of section 68B 68B Specific minimum standards 4 Insertion of Schedule 3 Schedule 3—Specific minimum standards Part 1—Interpretation 1 Interpretation Part 2—Requirements for appliances, fittings and fixtures 2 Ratings and other requirements for certain appliances etc Part 3—Prescribed heating and cooling requirements 3 Interpretation 4 Minimum heating requirements 5 Minimum cooling requirements Part 4—Prescribed minimum standard for insulation and draught proofing 6 Minimum insulation levels 7 Minimum standards for draught proofing Part 5—Prescribed minimum standard for ventilation 8 Minimum ventilation standards

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Residential Tenancies (Minimum Standards) Amendment Act 2024.

Part 2—Amendment of Residential Tenancies Act 1995 2—Amendment of section 48—Information to be provided by landlords to tenants Section 48(1)—after paragraph (e) insert: (ea) the minimum standards compliance information for the premises (within the meaning of section 68A(3)); and 3—Insertion of section 68B After section 68A insert: 68B—Specific minimum standards (1) Subject to a regulation under subsection (2), this section has effect in relation to a residential tenancy agreement as follows: (a) if the agreement— (i) is entered into, renewed or extended on a day (the relevant day) occurring after the commencement of this section but before 30 November 2026; or (ii) becomes a periodic tenancy in accordance with section 79A on a day (the relevant day) on a day after the commencement of this section but before 30 November 2026, this section has effect on the day occurring 9 months after the relevant day; (b) in any other case—this section has effect on and after 30 November 2026. (2) The regulations may prescribe temporary exemptions (for a period not exceeding 12 months) from any requirements of this section if the Minister is satisfied that such exemptions are necessary or desirable because of shortages of goods or services that are needed by landlords in order to comply with this section. (3) A landlord under a residential tenancy agreement must ensure that— (a) the requirements prescribed under Schedule 3 Part 2 are complied with in relation to appliances, fittings or fixtures installed or replaced by the landlord at the premises; and Note— Paragraph (a) does not apply to appliances, fixtures and fittings that were installed by the landlord in the premises before this section comes into operation (even though those appliances, fixtures and fittings remain in use in the premises on and after that day) but will apply when those appliances, fixtures and fittings are replaced on or after that day and to any new appliances, fixtures and fittings provided at the premises on or after that day. (b) the premises comply with the heating and cooling requirements prescribed under Schedule 3 Part 3; and (c) the premises comply with the prescribed minimum standard for insulation and draught proofing set out in Schedule 3 Part 4; and (d) the premises comply with the prescribed minimum standard for ventilation set out in Schedule 3 Part 5. Maximum penalty: $25 000. Expiation fee: $1 200. (4) On or before the day on which this section has effect in relation to a residential tenancy agreement, the landlord must ensure that the tenant is provided with the following information (the minimum standards compliance information) for the premises: (a) whether appliances, fittings or fixtures currently at the premises comply with the requirements prescribed under Schedule 3 Part 2 and, if not— (i) which appliances, fittings or fixtures do not comply with the requirements; and (ii) whether those appliances, fittings or fixtures will be installed or replaced by the landlord during the term of the agreement; (b) whether the premises comply with the requirements prescribed under Schedule 3 Parts 3, 4 and 5 and, if not— (i) which requirements are not complied with; and (ii) whether the landlord will be taking action to ensure those requirements are complied with during the term of the agreement; (c) any other information prescribed by the regulations. Maximum penalty: $25 000. Expiation fee: $1 200. 4—Insertion of Schedule 3 After Schedule 2 insert: Schedule 3—Specific minimum standards Part 1—Interpretation 1—Interpretation In this Schedule— Building Code means the Building Code of Australia published by the Australian Building Codes Board in the National Construction Code series (as in force from time to time); Class 1 building has the same meaning as it has in the Building Code; Class 2 building has the same meaning as it has in the Building Code; energy efficient fixed air cooler means a fixed air cooler that is— (a) a non‑ducted refrigerated air conditioner with a 2 star or above cooling rating in the prescribed energy rating system for non‑ducted air conditioners; or (b) a ducted refrigerated or evaporative airconditioning system; or (c) a ceiling fan; energy efficient fixed heater means a fixed heater that is— (a) a non‑ducted air conditioner or heat pump with a 2 star or above heating rating in the prescribed energy rating system for non‑ducted air conditioners or heat pumps; or (b) a ducted heating or hydronic heating system; or (c) a domestic solid fuel burning appliance, but does not include a gas space heater; fixed air cooler means a refrigerated or evaporative airconditioning system that is not designed or manufactured to be portable; fixed heater means a heater that is not designed or manufactured to be portable. Part 2—Requirements for appliances, fittings and fixtures 2—Ratings and other requirements for certain appliances etc (1) If an appliance, fitting or fixture of a class specified in the first column of the table below is installed or replaced by the landlord, it must have at least the minimum rating specified in the third column of the table in the efficiency rating system or systems referred to in the second column of the table.