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Can legal compliance require a contract?
Topic: Can legal compliance require a contract?
Posted: 12/September/2016 at 20:13
I am a property manager in WA and register security bonds with the department of commerce on behalf of landlords and their tenants. Until recently I have done this by tendering a cheque to the department.
In WA there is an act Residential Tenancies 1987. There is a subsidiary regulation. Residential Tenancies Regulations 1989.
Recently, a change to the regulations was gazetted which resulted in a change to a schedule in the act, the end result being that all security bonds must now be lodged by prescribed means which equates to the department of commerce online electronic system.
Before one can use the online system though, one is required to enter into a contract with the department. This is a 9 page contract full of legal jargon. I am not entirely sure of the consequence of the contract and don't wish to sign it. I also object to being coerced into signing a contract.
If I don't sign the contract, I can't lodge security bonds in the prescribed manner because the department will not give me access to the online system, and I have been told quite clearly that if I don't comply, I will be fined $2000.00 for each bond that I don't register by the prescribed means. I have told the department that I can't comply because they are preventing me from using the system by requiring me to enter into a contract before I can use the system. Has the government overstepped the mark here or not?
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