Tasmanian Greens MPs

Amendment

Clause 11

Page 16

Leave out the clause.

New Clause A

To follow clause 10 in Part 3.

A.      Section 17 amended (Issue of replacement residential tenancy agreement)

Section 17 of the Principal Act is amended as follows:

(a)     By omitting subsection (1) and substituting the following subsections:

(1)    In this section –

“original agreement” means a residential tenancy agreement in relation to residential premises referred to in subsection (2);

“replacement agreement” means a residential tenancy agreement established under subsection (1A)(b) or (c).

(1A)       If the person against whom an FVO is to be made is a tenant of residential premises occupied by an affected person, a court may make an order under section 16 to -

(a)     terminate the original agreement; or

(b)    terminate the original agreement and establish a new residential tenancy agreement for the benefit of the affected person and any other party who was a party to the terminated agreement, other than the person against whom the FVO is to be made; or

(c)     terminate the original agreement and establish a new residential tenancy agreement for the benefit of the person against whom the FVO is to be made and any other party who was a party to the terminated agreement, other than the affected person.