Australian Capital Territory
Residential Tenancies Regulation 1998    
SL1998-17
made under the
Residential Tenancies Act 1997
Republication No 5
Effective:  4 August 2006 – 1 February 2009
Republication date: 4 August 2006
Last amendment made by SL2006-42

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Residential Tenancies Regulation 1998, made under the Residential Tenancies Act 1997 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 4 August 2006.  It also includes any amendment, repeal or expiry affecting the republished law to 4 August 2006.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Residential Tenancies Regulation 1998
made under the
Residential Tenancies Act 1997
    
Contents
	Page
	1	Name of regulation	2
	2	Prescribed period for depositing bond—Act, s 23 (6)	2
	4A	Appropriate action under warrant—Act, s 40	2
	5	Service of termination notice	2
	6	Application for resolution of dispute	3
	7	Beginning and record of mediation	3
Endnotes
	1	About the endnotes	5
	2	Abbreviation key	5
	3	Legislation history	6
	4	Amendment history	6
	5	Earlier republications	7

Australian Capital Territory
Residential Tenancies Regulation 1998     

made under the
Residential Tenancies Act 1997

    

  

 

1	Name of regulation
This regulation is the Residential Tenancies Regulation 1998.
2	Prescribed period for depositing bond—Act, s 23 (6)
The period within which the amount of the bond must be deposited with the Territory is—
	(a)	if the tenant pays the bond to the lessor, the period that ends 2 weeks after the later of the following:
	(i)	the day the bond is paid;
	(ii)	the day the tenancy commences; or
	(b)	if the tenant pays the bond to the lessor’s agent, the period that ends 4 weeks after the later of the days mentioned in paragraph (a).
4A	Appropriate action under warrant—Act, s 40
It is appropriate for a police officer to physically remove a person from premises—
	(a)	between 8 am and 6 pm from Monday to Thursday, other than on a public holiday; or
	(b)	if authorised by the warrant in exceptional circumstances—at any time.
5	Service of termination notice
For the Act, section 58 (1) (b) and section 59 (1) (b) a termination notice must be served—
	(a)	on an individual—
	(i)	by delivering it to the person personally; or
	(ii)	by leaving it at, or sending it by prepaid post to, the address of the place of residence or business of the person last known to the person serving the document; or
	(iii)	by leaving it at, or sending it by prepaid post to, the address for service provided by the person under the Act, schedule 1 (Prescribed terms), clause 98; or
	(b)	on a corporation—by leaving it at, or sending it by prepaid post to, the head office, a registered office or a principal office of the corporation.
6	Application for resolution of dispute
For the Act, section 73 (2) (b) the following particulars are prescribed:
	(a)	the name and address of the applicant;
	(b)	whether the applicant is the lessor or tenant;
	(c)	the address of the premises that are the subject of the residential tenancy agreement;
	(d)	the action sought by the applicant to be taken to facilitate the resolution of the dispute;
	(e)	the grounds on which the application is made.
7	Beginning and record of mediation
	(1)	An approved mediator to whom a tenancy dispute is referred under the Act, section 75 must—
	(a)	begin mediation of the dispute as soon as practicable after the referral; and
	(b)	keep a record of the mediation that contains the following particulars:
	(i)	whether the parties to the dispute participated in mediation;
	(ii)	whether the parties reached agreement;
	(iii)	if the parties reached agreement, with the written consent of the parties—the terms of the agreement.
	(2)	At the conclusion of mediation the approved mediator must provide the record mentioned in subsection (1) (b) to the registrar.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
This regulation was originally the Residential Tenancies Regulations.  It was renamed under the Legislation Act 2001.
Residential Tenancies Regulation 1998 No 17
notified 28 May 1998 (Gaz 1998 No S146)
commenced 25 May 1998 (s 2)
as amended by
Legislation (Consequential Amendments) Act 2001 No 44 pt 333
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 333 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Residential Tenancies Amendment Act 2005 A2005-39 s 28
notified LR 31 August 2005
s 1, s 2 commenced 31 August 2005 (LA s 75 (1))
s 28 commenced 28 February 2006 (s 2 and LA s 79)
Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 sch 1 pt 1.24
notified LR 1 December 2005
s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))
sch 1 pt 1.24 commenced 22 December 2005 (s 2 (4))
Residential Tenancies Amendment Regulation 2006 (No 1) SL2006-42
notified LR 3 August 2006
s 1, s 2 commenced 3 August 2006 (LA s 75 (1))
remainder commenced 4 August 2006 (s 2)
4	Amendment history
Name of regulation
s 1	am R1 LA; R2 LA
Prescribed period for depositing bond—Act, s 23 (6)
s 2	om Act 2001 No 44 amdt 1.3667
	ins SL2006-42 s 4
Interpretation
s 3	om Act 2001 No 44 amdt 1.3667
Interest
s 4	om A2005-60 amdt 1.131
Appropriate action under warrant—Act, s 40
s 4A	ins A2005-39 s 28
Form of termination notice
s 8	om Act 2001 No 44 amdt 1.3667
Termination notice
sch	om Act 2001 No 44 amdt 1.3668
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
27 Jun 2002	27 Jun 2002‑
2 Nov 2004	A2001-44	amendments by A2001-44	
R2
3 Nov 2004	3 Nov 2004‑
21 Dec 2005	A2001-44	editorial amendments under Legislation Act	
R3
22 Dec 2005	22 Dec 2005‑
27 Feb 2006	A2005-60	amendments by A2005-60	
R4
28 Feb 2006	28 Feb 2006‑
3 Aug 2006	A2005-60	amendments by A2005-39	

©  Australian Capital Territory 2006