16A   What if there is no written agreement?

(1)  A park owner who, after the commencement of this section, knowingly enters into a residential tenancy agreement that is not in writing or that is only partly in writing is guilty of an offence.

Maximum penalty: 10 penalty units.

(2)  The fact that a residential tenancy agreement is not in writing does not by itself mean that the agreement is void or voidable.

(3)  A residential tenancy agreement that is not in writing is taken to include the following standard terms:

(a)  each term set out in the relevant prescribed standard form of residential tenancy agreement (with the blank spaces filled in with appropriate details),

(b)  each term prescribed by the regulations.

(4)  A residential tenancy agreement that is not in writing may include additional terms only if:

(a)  they are consistent with this Act and every other Act, and

(b)  they do not contravene the regulations referred to in section 10 (1A), and

(c)  they are consistent with the standard terms referred to in subsection (3).

(5)  An additional term is void if the Tribunal so orders, on application by a resident or a park owner, on being satisfied that the additional term contravenes subsection (4).

(6)  This section applies despite section 54A (which requires certain contracts in relation to land to be in writing) of the Conveyancing Act 1919.