New legislation has been introduced to NSW Parliament which proposes to amend residential rental laws. The proposed amendments are the most significant changes to the laws in recent times and are likely in response to the increase in the number of renters in NSW.
Personal Property Security Act Amendments Reduce Administrative Burden
Under new Personal Property Security Act (PPSA) amendments hirers or bailors are only required to register a security interest if the initial period, or the equipment is held, for two years or more.
The Personal Property Securities Amendment (PPS Lease) Act 2017 came into effect on 20 May 2017 and is aimed at reducing technicalities associated with short-term and indefinite period loans.
New Revenue Benefits and Detriments
The Australian Government reduced the taxation impost on small taxpayers. However, the NSW Government has increased the land tax and stamp duty imposts on land own by some family trusts.
Underpay your staff? It might get personal
Executives of companies may now be held personally liable if they have failed to back-pay employees their workplace entitlements.
Abolished Duties
On 1 July 2016 several duties were abolished in New South Wales.
Annual Leave Changes in Modern Awards
The Fair Work Commission (“FWC”) has amended the annual leave provisions in the majority of the Modern Awards.
Changes in Management of Strata Schemes
Majority of changes to the strata management legislation commenced on 30 November 2016, remaining changes are anticipated to start on 1 July 2017. Some changes concern how an owner’s corporation (“OC”) will function and how strata properties will be managed. These changes will affect persons who own or rent strata units and developers of strata properties.
ACCC Bans Excessive Credit Card Surcharges
A 2015 study conducted by Mastercard found that Australians pay approximately $1.6 billion annually in credit card surcharges. In response to this study and a high number of consumer complaints, the Competition and Consumer Act 2010 (Cth) (“the Act”) has recently been amended to prohibit businesses from imposing excessive credit card surcharges on consumers.
The ban on excessive surcharges took effect for large merchants from 1 September 2016 and will apply to all businesses from 1 September 2017.
Legal Update: Swimming Pool Compliance Deadline Has Finally Arrived
In our previous newsletter we informed you of the pending introduction of new rules to ensure compliance with swimming pool regulations. Well they are finally here with some changes. The new rules commenced on 29 April 2016.
The new rules apply to the sale or lease of any property that contains a swimming pool or spa pool other than a strata property with more than two (2) lots. The new rules are designed to ensure that all swimming pools and spa pools have compliant child-restraint barriers.
Work, Health and Safety in the Workplace – Penalties Under the New Act
The Commonwealth Government’s Work Health & Safety Act 2011 (“WHS Act”) commenced in 2012, replacing the old occupational health and safety laws in New South Wales. In our December 2013 newsletter we introduced the new legislation and informed you of the new duties under the WHS Act and to whom they applied.
The WHS Act also created new and broad statutory enforcement powers, including the imposition of criminal offences for breach of statutory duties under the WHS Act.