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PARLIAMENT OF VICTORIA
Residential Tenancies (Amendment) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Principal Act 2
PART 2--AMENDMENTS RELATING TO THE APPLICATION
OF THE PRINCIPAL ACT 3
4. Definition inserted 3
5. Fixed term tenancy agreement for rooming houses repealed 3
6. Self-contained apartments 3
7. Minister may declare building to be a rooming house 3
8. Hotels and motels 4
9. Exemption of educational institutions 4
10. Section 22 substituted 5
22. Temporary crisis accommodation 5
PART 3--AMENDMENTS RELATING TO TENANCY
AGREEMENTS OF RENTED PREMISES 6
11. Record of rent payment 6
12. How much notice of rent increase is required? 7
13. What can the Tribunal order? 7
14. Certain charges prohibited 7
15. Amendment of references to supply authority 8
16. Landlord's duty to maintain common areas 8
17. Application to Tribunal for non-urgent repairs 8
18. Grounds for entry of rented premises 8
19. New section 91A inserted 8
91A. Offence relating to entering rented premises 8
20. Section 228 substituted 9
228. Termination after death of sole tenant 9
21. Application to Tribunal for creation of tenancy agreement 10
22. Notices to vacate and notices to leave under section 368 10
23. Landlord's principal place of residence (fixed term tenancy) 10
24. Conditional contracts of sale 11
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Clause Page
25. New section 262A inserted 12
262A. Tenant in transitional housing refuses alternative
accommodation 12
26. Extension of periods for notices to vacate--no reason 13
PART 4--AMENDMENTS RELATING TO ROOMING HOUSES 14
27. Definitions amended 14
28. Power to enter into tenancy agreements 14
29. New section 94A inserted 14
94A. Harsh and unconscionable terms 14
30. Payment of bond 15
31. Condition report 15
32. Record of rent payment 15
33. How much notice of rent increase is required? 16
34. What can the Tribunal order? 16
35. Rent must be reduced if services are reduced 17
36. Amendment of reference to supply authority 17
37. New section 109A inserted 17
109A. Director of Housing may impose service charge on
resident 17
38. Application to Tribunal for non-urgent repairs 18
39. New section 142A inserted 18
142A. Offence relating to entering room occupied by resident 18
40. Notices to vacate and notices to leave under section 368 19
41. Conditional contracts of sale 19
42. New section 287A inserted 20
287A. Resident in transitional housing refuses alternative
accommodation 20
43. Extension of periods for notices to vacate--no reason 21
PART 5--AMENDMENTS RELATING TO CARAVAN PARKS
AND CARAVANS 22
44. Caravan park residency period 22
45. New section 144A inserted 22
144A. Harsh and unconscionable terms 22
46. Payment of bond 22
47. Condition report 23
48. Record of rent or hiring charge payment 23
49. How much notice is required of rent or hiring charge increase? 24
50. What can the Tribunal order? 24
51. Rent must be reduced if services are reduced 25
52. Amendment of references to supply authority 25
53. Application to Tribunal for non-urgent repairs 25
54. New section 206A inserted 26
206A. Offence relating to entering a site or caravan occupied
by a resident 26
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Clause Page
55. Abandonment of site or caravan 26
56. Notices to vacate and notices to leave under section 368 26
57. Conditional contracts of sale 27
58. Extension of periods for notices to vacate--no reason 28
59. Certain penalties prohibited 28
PART 6--AMENDMENTS RELATING TO TERMINATION 30
60. Reduced period of notice of intention to vacate in certain
circumstances 30
61. Rent payable on termination without notice 30
62. Section 298 substituted 30
298. Rent or hiring charge payable on termination without
notice 30
63. Reasons for notice to vacate 31
64. New section 319A inserted 31
319A. Composite notices to vacate 31
65. New Division 5 of Part 6 inserted 32
Division 5--Can a Notice to Vacate be Challenged? 32
321A. Application of Division 32
321B. Tenant or resident may apply to Tribunal 32
321C. What can the Tribunal order? 32
66. New section 327 inserted 33
327. Applications where composite notice to vacate is
given 33
67. What happens if personal documents are left behind by a
tenant or resident? 33
68. Disposal of personal documents 33
69. Disposal of certain goods left behind 34
70. Entitlement to dispose of stored goods 34
PART 7--AMENDMENTS RELATING TO THE RESIDENTIAL
TENANCIES BOND AUTHORITY 36
71. Offences relating to lodgement of bonds 36
72. Late lodgement of bond 36
73. New section 410A inserted 36
410A. Payment of bond by cheque or money order 36
74. Forms to be approved by Director of Consumer and Business
Affairs 37
75. Time for applications under section 414 37
76. Certain bond applications to be made within 10 business days 37
77. Compensation for bond claimed fraudulently 37
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Clause Page
PART 8--AMENDMENTS RELATING TO THE VICTORIAN
CIVIL AND ADMINISTRATIVE TRIBUNAL 38
78. New section 209A inserted 38
209A. Tribunal must hear application urgently 38
79. Rent arrears and possession orders 38
80. New sections 213A and 213B inserted 38
213A. Application for payment of rent arrears or hiring
charge arrears from bond 38
213B. Application by landlord to Tribunal for loss or
damage 39
81. Extension of period for hearing applications for abandonment 39
82. Possession order to be made within 7 days of hearing 40
83. Order to be dismissed or adjourned in certain circumstances 40
84. Limits of jurisdiction of Tribunal 41
85. Review of determinations 41
86. New section 480 inserted 42
480. Offence to fail to comply with determination of
Tribunal 42
PART 9--MISCELLANEOUS AMENDMENTS AND
TRANSITIONAL PROVISIONS 43
87. Amendment of references to supply authority 43
88. Duty provisions--required times 43
89. Contents of breach of duty notice 44
90. Successive breach notice applies whether or not breach
remedied 44
91. Warrant of possession 45
92. Notice to leave for serious acts of violence 45
93. New section 368A inserted 45
368A. Offence to give notice to leave or purported notice to
leave without reasonable grounds 45
94. Payment of rent during suspension 46
95. Compensation to resident for reasonable expenses 46
96. New section 377A inserted 47
377A. Notice to leave prohibited if notice to vacate under
section 244, 279 or 303 already given 47
97. References to Registrar substituted 47
98. Confidentiality 47
99. Electronic service of documents 47
100. New section 508A inserted 48
508A. Extended period to prosecute certain offences 48
101. New Division 3 inserted into Schedule 1 to Principal Act 48
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Clause Page
PART 10--AMENDMENT OF VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL ACT 1998 50
102. New clause 77A inserted into Schedule 1 to the Victorian
Civil and Administrative Tribunal Act 1998 50
77A. Failure to comply with determinations 50
103. New rule making power inserted into Schedule 2 to the
Victorian Civil and Administrative Tribunal Act 1998 50
ENDNOTES 51
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PARLIAMENT OF VICTORIA
Initiated in Assembly 9 May 2002
A BILL
to make various amendments to the Residential Tenancies Act 1997
and for other purposes.
Residential Tenancies (Amendment) Act
2002
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to make various
amendments to the Residential Tenancies Act
5 1997.
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 1--Preliminary
s. 2
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
5 operation on or before 1 July 2004, it comes into
operation on that day.
3. Principal Act
See: In this Act, the Residential Tenancies Act 1997
Act No.
is called the Principal Act.
109/1997.
Reprint No. 2
as at
13 January
2000
and
amending
Act Nos
28/2000,
35/2000,
74/2000,
11/2001,
27/2001 and
11/2002.
LawToday:
www.dms.
dpc.vic.
gov.au
__________________
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 2--Amendments Relating to the Application of the Principal Act
s. 4
PART 2--AMENDMENTS RELATING TO THE
APPLICATION OF THE PRINCIPAL ACT
4. Definition inserted
In section 3(1) of the Principal Act, insert the
5 following definition--
' "temporary crisis accommodation" means
accommodation provided on a non-profit
basis for a period of less than 14 days;'.
5. Fixed term tenancy agreement for rooming houses
10 repealed
Section 16 of the Principal Act is repealed.
6. Self-contained apartments
(1) In section 18(1) of the Principal Act, for "sub-
section (2)" substitute "sub-sections (2) and (3)".
15 (2) In section 18 of the Principal Act, after sub-
section (2) insert--
"(3) This Act applies to a self-contained
apartment in a building declared to be a
rooming house by the Minister under section
20 19(3) as if the self-contained apartment were
a room in that rooming house.".
7. Minister may declare building to be a rooming house
In section 19 of the Principal Act, after sub-
section (2) insert--
25 "(3) The Minister, at the request of the Director
of Housing, may declare a building owned or
leased by the Director of Housing and
containing one or more self-contained
apartments to be a rooming house for the
30 purposes of this Act.
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 2--Amendments Relating to the Application of the Principal Act
s. 8
(4) A declaration under sub-section (3) must be
made by notice published in the Government
Gazette.".
8. Hotels and motels
5 In section 20(3) of the Principal Act, for "section
16" substitute "section 94(1)".
9. Exemption of educational institutions
(1) In section 21 of the Principal Act, for
paragraph (b) substitute--
10 "(b) any residential premises ancillary to a school
or an institution which provides education
and training if those premises--
(i) are owned or leased by the school or
the institution or formally affiliated
15 with the school or institution; and
(ii) are used to accommodate students or
staff using the premises referred to in
paragraph (a).".
(2) At the end of section 21 of the Principal Act,
20 insert--
"(2) For the purposes of this section, residential
premises are formally affiliated with a school
or an institution which provides education
and training if a written agreement exists
25 between the school or the institution and the
owner or operator of the premises to provide
accommodation primarily for students
enrolled at the school or the institution or
staff employed by the school or the
30 institution.".
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 2--Amendments Relating to the Application of the Principal Act
s. 10
10. Section 22 substituted
For section 22 of the Principal Act substitute--
"22. Temporary crisis accommodation
This Act does not apply to a tenancy
5 agreement or room if the rented premises or
room are provided as temporary crisis
accommodation.".
__________________
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 3--Amendments Relating to Tenancy Agreements of Rented Premises
s. 11
PART 3--AMENDMENTS RELATING TO TENANCY
AGREEMENTS OF RENTED PREMISES
11. Record of rent payment
In section 43 of the Principal Act, for sub-section
5 (2) substitute--
"(2) If a person receives a payment of rent from a
tenant and a written receipt is not required to
be given under sub-section (1), the person
must keep a record of the payment of rent
10 until the earlier of--
(a) the end of 12 months after receiving the
payment; or
(b) if a tenant requests a copy of the record
before the end of 12 months after
15 making the payment, the provision of a
copy of the record to the tenant.
Penalty: 5 penalty units.
(2A) If a tenant requests a copy of a record under
sub-section (2)(b) before the end of
20 12 months after making the payment of rent,
a person who keeps a record under sub-
section (2) must provide a copy of that
record to the tenant within 5 business days
after receiving the request.
25 Penalty: 5 penalty units.
(2B) For the purposes of sub-section (2), a record
must contain information which enables the
details specified in paragraphs (a) to (e) of
sub-section (3) to be identified.".
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 3--Amendments Relating to Tenancy Agreements of Rented Premises
s. 12
12. How much notice of rent increase is required?
(1) In section 44 of the Principal Act--
(a) in sub-section (1), for "90 days written
notice" substitute "60 days notice in the
5 prescribed form";
(b) in sub-section (3), after "to apply" insert
"within 30 days after the notice is given".
(2) In section 44 of the Principal Act, after sub-
section (4) insert--
10 "(4A) A landlord must not increase the rent payable
under a tenancy agreement at intervals of
less than 6 months.".
13. What can the Tribunal order?
In section 47(3) of the Principal Act, after
15 paragraph (h) insert--
"(ha) the number of rent increases (if any) in the
preceding 24 months, the amount of each
rent increase in that period and the timing of
those increases;".
20 14. Certain charges prohibited
In section 51 of the Principal Act, after sub-
section (2) insert--
"(3) A person must not demand or receive from a
tenant a charge or indemnity for a charge in
25 relation to--
(a) the first issue of a rent payment card
under a tenancy agreement; or
(b) the establishment or use of direct debit
facilities for payment of rent under a
30 tenancy agreement.
Penalty: 10 penalty units.".
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 3--Amendments Relating to Tenancy Agreements of Rented Premises
s. 15
15. Amendment of references to supply authority
In section 56 of the Principal Act for "supply
authority" (wherever occurring) substitute
"supplier of the utility".
5 16. Landlord's duty to maintain common areas
In section 68 of the Principal Act, after sub-
section (2) insert--
"(3) If a landlord owns or controls rented
premises and the common areas relating to
10 those rented premises, the landlord must take
reasonable steps to ensure that the common
areas are maintained in good repair.".
17. Application to Tribunal for non-urgent repairs
In section 75(2) of the Principal Act, for "28 days"
15 substitute "60 days".
18. Grounds for entry of rented premises
In section 86 of the Principal Act, after sub-
section (2) insert--
"(3) Despite sub-section (1), in the case of the
20 first tenancy agreement entered into between
a landlord and a tenant in respect of rented
premises, a right of entry referred to in sub-
section (1)(f) may only be exercised after the
end of the first 3 months of the tenancy.".
25 19. New section 91A inserted
After section 91 of the Principal Act insert--
"91A. Offence relating to entering rented
premises
A landlord or a landlord's agent must not,
30 without reasonable excuse, enter rented
premises otherwise than in accordance with
this Division.
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 3--Amendments Relating to Tenancy Agreements of Rented Premises
s. 20
Penalty: 5 penalty units.".
20. Section 228 substituted
For section 228 of the Principal Act substitute--
"228. Termination after death of sole tenant
5 (1) If a tenant dies, the tenancy agreement
terminates at the earliest of the following
dates--
(a) 28 days after the landlord has been
given written notice of the death of the
10 tenant by the legal personal
representative or next of kin of the
tenant; or
(b) 28 days after the landlord has given a
notice to vacate to the legal personal
15 representative or next of kin of the
tenant; or
(c) a date agreed in writing between the
landlord and the legal personal
representative or next of kin of the
20 tenant; or
(d) the date determined as the termination
date of the tenancy agreement by the
Tribunal on the application of the
landlord under sub-section (2).
25 (2) If a landlord is unable to give notice to
vacate under sub-section (1)(b), the landlord
may apply to the Tribunal for an order to
terminate the tenancy.
(3) This section does not apply if there is more
30 than one tenant under the tenancy
agreement.".
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 3--Amendments Relating to Tenancy Agreements of Rented Premises
s. 21
21. Application to Tribunal for creation of tenancy
agreement
(1) In section 232(1)(d) of the Principal Act, for
"premises." substitute "premises; or".
5 (2) In section 232(1) of the Principal Act, after
paragraph (d) insert--
"(e) the tenant has died and there is no surviving
tenant.".
22. Notices to vacate and notices to leave under
10 section 368
In section 244 of the Principal Act, for sub-section
(3) substitute--
"(3) A landlord is not entitled to give a notice to
vacate under sub-section (1) if a notice to
15 leave under section 368 has been given in
respect of that act or omission.".
23. Landlord's principal place of residence (fixed term
tenancy)
(1) In section 254 of the Principal Act, for sub-section
20 (1) substitute--
"(1) A landlord under a fixed term tenancy
agreement may, before the end of the term of
the tenancy agreement, give the tenant a
notice to vacate rented premises if--
25 (a) the rented premises were the landlord's
principal place of residence--
(i) immediately before the tenancy
agreement was entered into; or
(ii) if the tenancy agreement is the
30 second tenancy agreement entered
into since the premises were the
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 3--Amendments Relating to Tenancy Agreements of Rented Premises
s. 24
landlord's principal place of
residence, immediately before the
first tenancy agreement was
entered into; and
5 (b) the tenancy agreement states that the
rented premises were the landlord's
principal place of residence--
(i) immediately before the tenancy
agreement was entered into; or
10 (ii) if the tenancy agreement is the
second tenancy agreement entered
into since the premises were the
landlord's principal place of
residence, immediately before the
15 first tenancy agreement was
entered into; and
(c) the tenancy agreement states that the
landlord intends to resume occupancy
of the premises on the termination of
20 the agreement.".
(2) In section 254 of the Principal Act, after sub-
section (3) insert--
"(4) A landlord is not entitled to give a notice
under this section if the landlord has entered
25 into more than 2 tenancy agreements in
respect of the premises since the premises
were the landlord's principal place of
residence.".
24. Conditional contracts of sale
30 In section 259 of the Principal Act, for sub-section
(2) substitute--
"(2) If a landlord has entered into a contract of
sale of the rented premises and the contract
of sale is subject to one or more conditions
35 which, if not satisfied, entitle a party to the
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 3--Amendments Relating to Tenancy Agreements of Rented Premises
s. 25
contract to terminate the contract, the
landlord may, within 14 days after the last of
those conditions is satisfied, give a tenant a
notice to vacate the rented premises.
5 (2A) If a landlord has entered into a contract of
sale of the rented premises which is not a
contract of sale of the kind referred to in sub-
section (2), the landlord may, within 14 days
after the contract of sale is entered into, give
10 a tenant a notice to vacate the rented
premises.".
25. New section 262A inserted
After section 262 of the Principal Act insert--
'262A. Tenant in transitional housing refuses
15 alternative accommodation
(1) A landlord which is the Director of Housing
or a delegate of the Director of Housing may
give a tenant a notice to vacate rented
premises if--
20 (a) the rented premises were provided as
transitional housing; and
(b) the Director of Housing, under this
section, has published requirements for
tenants of transitional housing to seek
25 alternative accommodation; and
(c) the tenant has--
(i) unreasonably refused to seek
alternative accommodation in
accordance with those
30 requirements; or
(ii) refused a reasonable offer of
alternative accommodation made
in accordance with those
requirements.
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 3--Amendments Relating to Tenancy Agreements of Rented Premises
s. 26
(2) The notice must specify a termination date
that is not less than 30 days after the date on
which the notice is given.
(3) In this section "transitional housing"
5 means accommodation for a period of more
than 14 days and less than 12 months
provided to persons in crisis as a result of
homelessness or impending homelessness.
(4) The Director of Housing, by notice published
10 in the Government Gazette, may publish its
requirements for tenants of transitional
housing to seek alternative accommodation.'.
26. Extension of periods for notices to vacate--no reason
(1) In section 263(2) of the Principal Act, for
15 "90 days" substitute "120 days".
(2) In section 266 of the Principal Act--
(a) in sub-section (1), for "sections 255 to 263"
substitute "sections 255, 256, 257, 258, 259,
260, 261, 262 and 263";
20 (b) in sub-section (3)(c), for "28 days"
substitute "60 days".
__________________
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 4--Amendments Relating to Rooming Houses
s. 27
PART 4--AMENDMENTS RELATING TO ROOMING
HOUSES
27. Definitions amended
(1) In section 3(1) of the Principal Act, in
5 paragraph (b) of the definition of "rooming
house", for "section 19" substitute "section 19(2)
or (3)".
(2) In section 3 of the Principal Act, after sub-section
(3) insert--
10 "(4) Nothing in this Act prevents a rooming
house from consisting of more than one
building.".
28. Power to enter into tenancy agreements
In section 94 of the Principal Act, after sub-
15 section (1) insert--
"(1A) If a tenancy agreement is entered into by a
resident and a rooming house owner in
respect of a room in a rooming house, the
rooming house provisions do not apply to the
20 occupation of that room by that resident
while the tenancy agreement continues.".
29. New section 94A inserted
After section 94 of the Principal Act insert--
"94A. Harsh and unconscionable terms
25 (1) A resident may apply to the Tribunal for an
order declaring invalid or varying a term of
an agreement referred to in section 94(2).
(2) On an application under sub-section (1), the
Tribunal, by order, may declare invalid or
30 vary a term of the agreement if it is satisfied
that the term is harsh or unconscionable or is
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 4--Amendments Relating to Rooming Houses
s. 30
such that a court exercising its equitable
jurisdiction would grant relief.
(3) An order under this section has effect
according to its terms.".
5 30. Payment of bond
In section 95 of the Principal Act, for "takes up
occupancy of a room" substitute "commences
occupation of a room as a resident".
31. Condition report
10 (1) In section 97(1) of the Principal Act, for "enters
into occupation of the room" substitute
"commences occupation of the room as a
resident".
(2) In section 97(2) of the Principal Act, for "entering
15 into occupation of the room" substitute
"commencing occupation of the room as a
resident".
32. Record of rent payment
In section 100 of the Principal Act, for sub-section
20 (2) substitute--
"(2) If a person receives a payment of rent from a
resident of a rooming house and a written
receipt is not required to be given under sub-
section (1), the person must keep a record of
25 the payment of rent until the earlier of--
(a) the end of 12 months after receiving the
payment; or
(b) if a resident requests a copy of the
record before the end of 12 months
30 after making the payment, the provision
of a copy of the record to the resident.
Penalty: 5 penalty units.
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 4--Amendments Relating to Rooming Houses
s. 33
(2A) If a resident of a rooming house requests a
copy of a record under sub-section (2)(b)
before the end of 12 months after making the
payment of rent, a person who keeps a record
5 under sub-section (2) must provide a copy of
that record to the resident within 5 business
days after receiving the request.
Penalty: 5 penalty units.
(2B) For the purposes of sub-section (2), a record
10 must contain information which enables the
details specified in paragraphs (a) to (e) of
sub-section (3) to be identified.".
33. How much notice of rent increase is required?
(1) In section 101 of the Principal Act--
15 (a) in sub-section (1), for "90 days written
notice" substitute "60 days notice in the
prescribed form";
(b) in sub-section (5), after "to apply" insert
"within 30 days after the notice is given".
20 (2) In section 101 of the Principal Act, after sub-
section (5) insert--
"(5A) A rooming house owner must not increase
the rent payable by a resident at intervals of
less than 6 months.".
25 34. What can the Tribunal order?
In section 104(3) of the Principal Act, after
paragraph (e) insert--
"(ea) the number of rent increases (if any) in the
preceding 24 months, the amount of each
30 rent increase in that period and the timing of
those increases;".
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 4--Amendments Relating to Rooming Houses
s. 35
35. Rent must be reduced if services are reduced
At the end of section 106 of the Principal Act
insert--
"(2) If the Tribunal determines an amount under
5 sub-section (1)(b), it may also order that--
(a) the reduction in rent is to take effect
from the time the rooming house owner
ceased to provide services to the
resident; and
10 (b) the rooming house owner is to refund
to the resident any excess rent paid by
the resident from the time the rooming
house owner ceased to provide services
until the date of the order.".
15 36. Amendment of reference to supply authority
In section 108(2) of the Principal Act, for "supply
authority" substitute "supplier of the utility".
37. New section 109A inserted
After section 109 of the Principal Act insert--
20 '109A. Director of Housing may impose service
charge on resident
(1) The Director of Housing may impose a
service charge on a resident in a rooming
house which has been declared to be a
25 rooming house under section 19(2) or (3) for
any water, central heating, laundry or utility
services or facilities made available to the
resident.
(2) Sub-section (1) only applies if it is not
30 possible or practicable to accurately measure
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the use by the resident of that service or
facility.
(3) A service charge may be increased or
decreased by an amount in line with changes
5 in the cost of providing the services or
facilities.
(4) In this section "Director of Housing"
includes any incorporated body that receives
financial assistance from the Director of
10 Housing for the purposes of providing non-
profit housing.'.
38. Application to Tribunal for non-urgent repairs
(1) In section 132 of the Principal Act, after sub-
section (1) insert--
15 "(2) An application under sub-section (1) must be
made within 60 days of receiving the
Director's report under section 131.".
(2) In section 132(4) of the Principal Act, for "the
report of the Director" substitute "the Director's
20 report".
39. New section 142A inserted
After section 142 of the Principal Act insert--
"142A. Offence relating to entering room occupied
by resident
25 A rooming house owner or a rooming house
owner's agent must not, without reasonable
excuse, enter a room occupied by a resident
otherwise than in accordance with this
Division.
30 Penalty: 5 penalty units.".
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s. 40
40. Notices to vacate and notices to leave under
section 368
In section 279 of the Principal Act, for sub-section
(3) substitute--
5 "(3) A rooming house owner is not entitled to
give a notice to vacate under sub-section (1)
if a notice to leave under section 368 has
been given in respect of that act or
omission.".
10 41. Conditional contracts of sale
(1) In section 285 of the Principal Act, after sub-
section (1) insert--
"(1A) If a rooming house owner has entered into a
contract of sale of the rooming house and the
15 contract of sale is subject to one or more
conditions which, if not satisfied, entitle a
party to the contract to terminate the
contract, the rooming house owner may,
within 14 days after the last of those
20 conditions is satisfied, give a resident a
notice to vacate the room occupied by the
resident.
(1B) If a rooming house owner has entered into a
contract of sale of the rooming house which
25 is not a contract of sale of the kind referred
to in sub-section (1A), the rooming house
owner may, within 14 days after the contract
of sale is entered into, give a resident a
notice to vacate the room occupied by the
30 resident.".
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(2) In section 285(2) of the Principal Act, for "The
notice must" substitute "A notice under this
section must".
42. New section 287A inserted
5 After section 287 of the Principal Act insert--
'287A. Resident in transitional housing refuses
alternative accommodation
(1) A rooming house owner which is the
Director of Housing or a delegate of the
10 Director of Housing may give a resident a
notice to vacate a room occupied by the
resident if--
(a) the room was provided as transitional
housing; and
15 (b) the Director of Housing, under this
section, has published requirements for
residents of transitional housing to seek
alternative accommodation; and
(c) the resident has--
20 (i) unreasonably refused to seek
alternative accommodation in
accordance with those
requirements; or
(ii) refused a reasonable offer of
25 alternative accommodation made
in accordance with those
requirements.
(2) The notice must specify a termination date
that is not less than 30 days after the date on
30 which the notice is given.
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(3) In this section, "transitional housing"
means accommodation for a period of more
than 14 days and less than 12 months
provided to persons in crisis as a result of
5 homelessness or impending homelessness.
(4) The Director of Housing, by notice published
in the Government Gazette, may publish its
requirements for residents of transitional
housing to seek alternative accommodation.'.
10 43. Extension of periods for notices to vacate--no reason
(1) In section 288(2) of the Principal Act, for
"90 days" substitute "120 days".
(2) In section 289(2) of the Principal Act, for
"28 days" substitute "60 days".
__________________
15
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 5--Amendments Relating to Caravan Parks and Caravans
s. 44
PART 5--AMENDMENTS RELATING TO CARAVAN PARKS
AND CARAVANS
44. Caravan park residency period
In the Principal Act--
5 (a) in section 3, in paragraph (b)(ii) of the
definition of "resident", for "90 consecutive
days" substitute "60 consecutive days";
(b) in section 145(b), for "90 consecutive days"
substitute "60 consecutive days".
10 45. New section 144A inserted
After section 144 of the Principal Act insert--
"144A. Harsh and unconscionable terms
(1) A resident may apply to the Tribunal for an
order declaring invalid or varying a term of
15 an agreement referred to in section 144(1) or
(2).
(2) A caravan owner may apply to the Tribunal
for an order declaring invalid or varying a
term of an agreement referred to in section
20 144(3).
(3) On an application under sub-section (1) or
(2), the Tribunal, by order, may declare
invalid or vary a term of the agreement if it
is satisfied that the term is harsh or
25 unconscionable or is such that a court
exercising its equitable jurisdiction would
grant relief.
(4) An order under this section has effect
according to its terms.".
30 46. Payment of bond
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In section 146 of the Principal Act, for "takes up
occupancy" (wherever occurring) substitute
"commences occupation as a resident".
47. Condition report
5 (1) In section 148(1) of the Principal Act, for "enters
into occupation" substitute "commences
occupation as a resident".
(2) In section 148(2) of the Principal Act, for
"entering into occupation" substitute
10 "commencing occupation as a resident".
48. Record of rent or hiring charge payment
In section 151 of the Principal Act, for sub-section
(2) substitute--
"(2) If a person receives a payment of rent or a
15 payment of a hiring charge from a resident
and a written receipt is not required to be
given under sub-section (1), the person must
keep a record of the payment of rent or the
payment of a hiring charge until the earlier
20 of--
(a) the end of 12 months after receiving the
payment; or
(b) if a resident requests a copy of the
record before the end of 12 months
25 after making the payment, the provision
of a copy of the record to the resident.
Penalty: 5 penalty units.
(2A) If a resident requests a copy of a record
under sub-section (2)(b) before the end of
30 12 months after making the payment of rent
or the payment of a hiring charge, a person
who keeps a record under sub-section (2)
must provide a copy of that record to the
resident within 5 business days after
35 receiving the request.
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Penalty: 5 penalty units.
(2B) For the purposes of sub-section (2), a record
must contain information which enables the
details specified in paragraphs (a) to (e) of
5 sub-section (3) to be identified.".
49. How much notice is required of rent or hiring charge
increase?
(1) In section 152 of the Principal Act--
(a) in sub-section (1), for "90 days written
10 notice" substitute "60 days notice in the
prescribed form";
(b) in sub-section (2), for "90 days written
notice" substitute "60 days notice in the
prescribed form";
15 (c) in sub-section (5), after "to apply" insert
"within 30 days after the notice is given".
(2) In section 152 of the Principal Act, after sub-
section (5) insert--
"(5A) A caravan park owner must not increase the
20 rent payable by a resident at intervals of less
than 6 months.
(5B) A caravan owner must not increase the hiring
charge payable by a resident at intervals of
less than 6 months.".
25 50. What can the Tribunal order?
(1) In section 155(3) of the Principal Act, after
paragraph (e) insert--
"(ea) the number of rent increases (if any) in the
preceding 24 months, the amount of each
30 rent increase in that period and the timing of
those increases;".
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(2) In section 155(4) of the Principal Act, after
paragraph (a) insert--
"(ab) the number of hiring charge increases (if
any) in the preceding 24 months, the amount
5 of each hiring charge increase in that period
and the timing of those increases;".
51. Rent must be reduced if services are reduced
At the end of section 159 of the Principal Act
insert--
10 "(2) If the Tribunal determines an amount under
sub-section (1)(b), it may also order that--
(a) the reduction in rent is to take effect
from the time the caravan park owner
ceased to provide services to the
15 resident; and
(b) the caravan park owner is to refund to
the resident any excess rent paid by the
resident from the time the caravan park
owner ceased to provide services until
20 the date of the order.".
52. Amendment of references to supply authority
In section 166 of the Principal Act, for "supply
authority" (wherever occurring) substitute
"supplier of the utility".
25 53. Application to Tribunal for non-urgent repairs
(1) In section 191 of the Principal Act, after sub-
section (1) insert--
"(2) An application under sub-section (1) must be
made within 60 days of receiving the
30 Director's report under section 190.".
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(2) In section 191(4) of the Principal Act, for "report
of the Director" substitute "Director's report".
54. New section 206A inserted
After section 206 of the Principal Act insert--
5 "206A. Offence relating to entering a site or
caravan occupied by a resident
A caravan park owner, a caravan owner or an
owner's agent must not, without reasonable
excuse, enter a site or caravan occupied by a
10 resident otherwise than in accordance with
this Division.
Penalty: 5 penalty units.".
55. Abandonment of site or caravan
In section 300 of the Principal Act, for sub-section
15 (1) substitute--
"(1) A resident abandons a site or caravan if the
resident leaves it without any intention of
returning and--
(a) without first giving notice of intention
20 to vacate to the caravan park owner or
the caravan owner; or
(b) without first obtaining the agreement of
the caravan park owner or the caravan
owner.".
25 56. Notices to vacate and notices to leave under
section 368
In section 303 of the Principal Act, for sub-section
(3) substitute--
"(3) A caravan park owner is not entitled to give
30 a notice to vacate under sub-section (1) if a
notice to leave under section 368 has been
given in respect of that act or omission.".
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57. Conditional contracts of sale
(1) In section 310 of the Principal Act, after sub-
section (1) insert--
"(1A) If a caravan park owner has entered into a
5 contract of sale of a caravan owned by the
caravan park owner and the contract of sale
is subject to one or more conditions which, if
not satisfied, entitle a party to the contract to
terminate the contract, the caravan park
10 owner may, within 14 days after the last of
those conditions is satisfied, give a resident a
notice to vacate the caravan occupied by the
resident.
(1B) If a caravan park owner has entered into a
15 contract of sale of a caravan owned by the
caravan park owner which is not a contract
of sale of the kind referred to in sub-section
(1A), the caravan park owner may, within
14 days after the contract of sale is entered
20 into, give a resident a notice to vacate the
caravan occupied by the resident.".
(2) In section 310 of the Principal Act, after sub-
section (2) insert--
"(2A) If a caravan owner has entered into a
25 contract of sale of a caravan owned by the
caravan owner and the contract of sale is
subject to one or more conditions which, if
not satisfied, entitle a party to the contract to
terminate the contract, the caravan owner
30 may, within 14 days after the last of those
conditions is satisfied, give a resident a
notice to vacate the caravan occupied by the
resident.
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(2B) If a caravan owner has entered into a
contract of sale of a caravan owned by the
caravan owner which is not a contract of sale
of the kind referred to in sub-section (2A),
5 the caravan owner may, within 14 days after
the contract of sale is entered into, give a
resident a notice to vacate the caravan
occupied by the resident.".
(3) In section 310 of the Principal Act--
10 (a) in sub-section (3), for "The notice must"
substitute "A notice under this section
must";
(b) in sub-section (4), for "the notice" substitute
"a notice under this section".
15 58. Extension of periods for notices to vacate--no reason
(1) In section 314(3) of the Principal Act, for
"90 days" substitute "120 days".
(2) In section 315(2) of the Principal Act, for
"28 days" substitute "60 days".
20 59. Certain penalties prohibited
In section 505 of the Principal Act, after sub-
section (2) insert--
"(3) A caravan park owner or a caravan owner
must not demand or accept from a resident of
25 a site or caravan who has failed to comply
with the caravan park provisions the
payment by reason of that failure of any
amount other than--
(a) rent or a hiring charge in accordance
30 with this Act; or
(b) any other payment provided for in this
Act.
Penalty: 20 penalty units.".
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__________________
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 6--Amendments Relating to Termination
s. 60
PART 6--AMENDMENTS RELATING TO TERMINATION
60. Reduced period of notice of intention to vacate in
certain circumstances
In section 237(1) of the Principal Act--
5 (a) in paragraph (c), for "Housing." substitute
"Housing; or";
(b) after paragraph (c) insert--
"(d) the tenant requires temporary crisis
accommodation and needs to vacate the
10 rented premises in order to obtain that
accommodation.".
61. Rent payable on termination without notice
In section 275 of the Principal Act, for sub-section
(1) substitute--
15 "(1) A resident who vacates a room without
giving notice must pay to the rooming house
owner the rent for the lesser of the following
periods--
(a) 2 days after vacating the room; or
20 (b) until another resident takes up
occupancy of the room.
Penalty: 5 penalty units.".
62. Section 298 substituted
For section 298 of the Principal Act substitute--
25 "298. Rent or hiring charge payable on
termination without notice
(1) A resident who vacates a site without giving
notice must pay to the caravan park owner
the rent for the lesser of the following
30 periods--
(a) 7 days after vacating the site; or
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s. 63
(b) until another resident takes up
occupancy of the site.
Penalty: 5 penalty units.
(2) A resident who vacates a caravan without
5 giving notice must pay to the caravan owner
the hiring charge for the lesser of the
following periods--
(a) 7 days after vacating the caravan; or
(b) until another resident takes up
10 occupancy of the caravan.
Penalty: 5 penalty units.".
63. Reasons for notice to vacate
In section 319 of the Principal Act--
(a) in paragraph (a), after "in the" insert
15 "relevant";
(b) in paragraph (d), after "specifies the" insert
"reason or".
64. New section 319A inserted
After section 319 of the Principal Act insert--
20 "319A. Composite notices to vacate
If a person is or becomes entitled to give 2 or
more notices to vacate under section 255,
256, 257, 258, 259, 260, 285 or 286--
(a) the person may give one composite
25 notice to vacate in accordance with
section 319; and
(b) that notice is to be taken to be a notice
to vacate under each of the sections
referred to in the notice.".
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s. 65
65. New Division 5 of Part 6 inserted
At the end of Part 6 of the Principal Act insert--
"Division 5--Can a Notice to Vacate be
Challenged?
5 321A. Application of Division
Nothing in this Division affects any right a
tenant or resident may have to challenge the
validity of any other notice to vacate under
this Act.
10 321B. Tenant or resident may apply to Tribunal
(1) On or before the hearing of an application
for a possession order in respect of a notice
to vacate given under section 255, 256, 257,
258, 259, 260, 285, 286 or 310, a tenant or
15 resident who has received the notice to
vacate may apply to the Tribunal challenging
the validity of the notice to vacate.
(2) An application under sub-section (1) must be
made within 30 days after the notice to
20 vacate is given.
321C. What can the Tribunal order?
(1) The Tribunal may consider an application
under section 321B and may determine
whether or not the notice to vacate is valid.
25 (2) If the Tribunal determines that the notice to
vacate is valid, the tenant or resident is not
entitled to bring any further application to
the Tribunal to challenge the validity of the
notice to vacate unless the Tribunal is
30 satisfied that exceptional circumstances exist
which justify reconsideration of the
determination made under this section.
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(3) Nothing in sub-section (2) affects the
operation of section 479.".
66. New section 327 inserted
After section 326 of the Principal Act insert--
5 "327. Applications where composite notice to
vacate is given
If a composite notice to vacate as provided
for in section 319A has been given to a
tenant or resident, a composite application
10 may be made under section 322(1), 323(a) or
324(1) or (2) (as the case requires) in respect
of each of the notices to vacate included in
the composite notice to vacate.".
67. What happens if personal documents are left behind
15 by a tenant or resident?
In section 380 of the Principal Act--
(a) in paragraph (a), for "28 days" substitute
"90 days";
(b) in paragraph (c), for "collected; and"
20 substitute "collected.";
(c) paragraph (d) is repealed.
68. Disposal of personal documents
(1) Insert the following heading to section 381 of the
Principal Act--
25 "Disposal of personal documents after 90 days".
(2) In section 381(1) of the Principal Act, for "28 day
period" substitute "90 day period".
(3) In section 381 of the Principal Act, at the foot of
sub-section (2) insert--
30 "Note: It may be an offence under certain legislation of the
State and Commonwealth to destroy certain
documents.".
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s. 69
69. Disposal of certain goods left behind
In section 384 of the Principal Act, for sub-section
(2) substitute--
"(2) If goods of monetary value have been left
5 behind, the owner of premises may remove
and destroy or dispose of those goods if the
total estimated cost of the removal, storage
and sale of all those goods combined is
greater than the total monetary value of all
10 those goods combined.
(3) Sub-section (2) does not apply to goods to
which sub-section (1) applies.
(4) Nothing in this section affects the operation
of any other Act or law affecting the
15 removal, destruction or disposal of goods.
Note: Other legislation of the State and
Commonwealth may deal with the disposal of
goods for example, the Dangerous Goods Act
1985.".
20 70. Entitlement to dispose of stored goods
(1) In section 393 of the Principal Act, for sub-section
(3) substitute--
"(3) If stored goods are offered for sale at a
public auction in accordance with
25 section 391 and are not sold, the owner of
premises may dispose of the stored goods.
(4) An owner of premises is not liable to anyone
for loss or damage caused as a result of--
(a) the sale of stored goods in accordance
30 with this Part; or
(b) the disposal of stored goods in
accordance with sub-section (3).".
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(2) In section 395(3) of the Principal Act, for "which
may be removed" substitute "which may not be
removed".
__________________
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 7--Amendments Relating to the REsidential TEnancies Bond Authority
s. 71
PART 7--AMENDMENTS RELATING TO THE
RESIDENTIAL TENANCIES BOND AUTHORITY
71. Offences relating to lodgement of bonds
(1) In section 405 of the Principal Act, at the foot of
5 sub-section (4) insert--
"Penalty: 5 penalty units.".
(2) In section 406 of the Principal Act, for "before the
end of the fifth business day" substitute "within
10 business days".
10 72. Late lodgement of bond
In section 409(1) of the Principal Act, for
"14 days" substitute "15 business days".
73. New section 410A inserted
After section 410 of the Principal Act insert--
15 "410A. Payment of bond by cheque or money order
(1) Without limiting any manner in which a
bond may be paid, for the purposes of this
Division, a landlord receives a bond from a
tenant if the tenant gives the landlord a
20 cheque or money order for the amount of
bond made payable to the Authority.
(2) Despite anything to the contrary in this
Division, a tenant who gives a landlord a
cheque for an amount of bond made payable
25 to the Authority is not to be taken to have
paid a bond if the cheque is not honoured on
its presentation.".
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s. 74
74. Forms to be approved by Director of Consumer and
Business Affairs
(1) In section 412(3) of the Principal Act, for
"Minister" substitute "Director".
5 (2) In section 413(2) of the Principal Act, for
"Minister" substitute "Director".
75. Time for applications under section 414
(1) In section 414 of the Principal Act, after sub-
section (1) insert--
10 "(2) An application under this section must be
made within 10 business days after--
(a) the tenant delivers up vacant possession
of the rented premises; or
(b) the landlord becomes aware that the
15 tenant has abandoned the rented
premises.".
(2) In section 414 of the Principal Act, sub-section (3)
is repealed.
76. Certain bond applications to be made within
20 10 business days
In section 417(2) of the Principal Act, for
"14 days" substitute "10 business days".
77. Compensation for bond claimed fraudulently
In section 423(2) of the Principal Act, for "pay an
25 amount of bond to a person" substitute "pay as
compensation to a person an amount not
exceeding the amount of the bond paid out".
__________________
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Act No.
Part 8--Amendments Relating to the Victorian Civil and
s. 78
ADMINISTRATIVE Tribunal
PART 8--AMENDMENTS RELATING TO THE VICTORIAN
CIVIL AND ADMINISTRATIVE TRIBUNAL
78. New section 209A inserted
After section 209 of the Principal Act insert--
5 "209A. Tribunal must hear application urgently
The Tribunal must hear an application under
section 209 within 5 business days after the
application is made if the application relates
to--
10 (a) a breach of section 89 in relation to a
right of entry for a purpose set out in
section 86(1)(b); or
(b) a breach of section 140 in relation to a
right of entry for a purpose set out in
15 section 137(b); or
(c) a breach of section 204 in relation to a
right of entry for a purpose set out in
section 201(b).".
79. Rent arrears and possession orders
20 In section 213 of the Principal Act, sub-section (3)
is repealed.
80. New sections 213A and 213B inserted
After section 213 of the Principal Act insert--
"213A. Application for payment of rent arrears or
25 hiring charge arrears from bond
(1) If an application for a possession order is
made under Part 7 as a result of a failure by a
tenant or a resident to pay rent or, in the case
of a caravan, a failure by the resident to pay
30 a hiring charge, the applicant, at the same
time, may apply to the Tribunal for payment
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ADMINISTRATIVE Tribunal
of compensation by the tenant or resident for
the unpaid rent or hiring charge owed.
(2) On an application under sub-section (1), the
Tribunal may--
5 (a) make a determination of the amount of
rent owing to the landlord, rooming
house owner or caravan park owner or,
in the case of a caravan owner, the
amount of hiring charge owing to the
10 caravan owner, at the date of the
application; and
(b) make a determination directing the
Authority, on termination of the
tenancy agreement or when the
15 residency right ends, to pay out an
amount of bond to or on account of the
landlord, rooming house owner,
caravan park owner or caravan owner
(as the case requires) in respect of the
20 rent or hiring charge owing.
213B. Application by landlord to Tribunal for loss
or damage
If a possession order is made under Part 7 as
a result of a failure by a tenant to pay rent, an
25 application by the landlord to the Tribunal
under this Part (other than under
section 213A) for payment by the tenant of
compensation for loss or damage suffered by
the landlord as a result of the failure of the
30 tenant to pay rent must be made within
28 days after the tenant delivers up vacant
possession of the rented premises.".
81. Extension of period for hearing applications for
abandonment
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 8--Amendments Relating to the Victorian Civil and
s. 82
ADMINISTRATIVE Tribunal
In sections 241(2), 277(2) and 301(2) of the
Principal Act, for "2 business days" substitute
"5 business days".
82. Possession order to be made within 7 days of hearing
5 In section 330 of the Principal Act, for sub-section
(2) substitute--
"(2) If an application for a possession order is
made under section 322(3), 323(b) or
324(3)--
10 (a) the application must be heard within
14 days after the application is made;
and
(b) the possession order must be made
within 7 days of that hearing.".
15 83. Order to be dismissed or adjourned in certain
circumstances
In section 331 of the Principal Act, for sub-section
(3) substitute--
"(3) On the resumption of an adjourned hearing,
20 the Tribunal--
(a) may make a possession order if the
tenant has continued to accrue arrears
of rent during the adjournment period;
and
25 (b) must dismiss the application if the
tenant--
(i) has paid all the arrears which were
the subject of the original
application; and
30 (ii) has accrued no further arrears of
rent from the time of the
application to the date of
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 8--Amendments Relating to the Victorian Civil and
s. 84
ADMINISTRATIVE Tribunal
resumption of the adjourned
hearing.".
84. Limits of jurisdiction of Tribunal
(1) In section 447(1) of the Principal Act, paragraph
5 (a) is repealed.
(2) In section 447 of the Principal Act, after sub-
section (1) insert--
"(1A) Subject to sub-section (3), the Tribunal must
not hear and determine an application--
10 (a) by a landlord or tenant under a tenancy
agreement which involves a monetary
claim for an amount exceeding
$10 000; or
(b) by a rooming house owner or resident
15 in relation to the rooming house
provisions, a residency right or an
agreement referred to in section 94(2)
which involves a monetary claim for an
amount exceeding $10 000; or
20 (c) by a caravan park owner, a caravan
owner or a resident in relation to the
caravan park provisions, a residency
right or an agreement referred to in
section 144(1), (2) or (3) which
25 involves a monetary claim for an
amount exceeding $10 000.".
85. Review of determinations
In section 479(1) of the Principal Act, after
paragraph (a) insert--
30 "(ab) a determination made by the Tribunal under
section 321C;".
41
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 8--Amendments Relating to the Victorian Civil and
s. 86
ADMINISTRATIVE Tribunal
86. New section 480 inserted
After section 479 of the Principal Act insert--
"480. Offence to fail to comply with
determination of Tribunal
5 (1) A person to whom a determination of the
Tribunal under this Act applies must comply
with that determination.
Penalty: 10 penalty units and 2 penalty
units for each day the non-
10 compliance continues after the
time within which the person is
required to comply with the
determination, up to a maximum
of 20 penalty units.
15 (2) This section applies--
(a) despite anything to the contrary in
section 133 of the Victorian Civil and
Administrative Tribunal Act 1998;
and
20 (b) whether the determination of the
Tribunal relates to a monetary order or
a non-monetary order within the
meaning of the Victorian Civil and
Administrative Tribunal Act 1998.".
__________________
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 9--MISCELLANEOUS Amendments and transitional provisions
s. 87
PART 9--MISCELLANEOUS AMENDMENTS AND
TRANSITIONAL PROVISIONS
87. Amendment of references to supply authority
In section 3(1) of the Principal Act, in
5 paragraph (a) of the definition of "separately
metered", for "supply authority" substitute
"supplier of the utility".
88. Duty provisions--required times
(1) In section 207 of the Principal Act, in the
10 definition of "duty provision", in paragraph (a)(ii)
for "and 66" substitute ", 66 and 71".
(2) In section 207 of the Principal Act, in the
definition of "required time"--
(a) in paragraph (a), for sub-paragraph (i)
15 substitute--
"(i) for a duty under section 89 in relation
to a right of entry for a purpose set out
in section 86(1)(a), (c) or (f), 14 days;
or
20 (ia) for a duty under section 89 in relation
to a right of entry for a purpose set out
in section 86(1)(b), (d) or (e), 3 days;
or";
(b) in paragraph (c), for sub-paragraph (i)
25 substitute--
"(i) for a duty under section 204 in relation
to a right of entry for a purpose set out
in section 201(a), (c) or (e), 7 days; or
(ia) for a duty under section 204 in relation
30 to a right of entry for a purpose set out
in section 201(b) or (d), 3 days; or".
43
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 9--MISCELLANEOUS Amendments and transitional provisions
s. 89
89. Contents of breach of duty notice
In section 208(2) of the Principal Act--
(a) for paragraph (e) substitute--
"(e) state that if the notice is not complied
5 with--
(i) an application for compensation or
a compliance order may be made
to the Tribunal; or
(ii) if section 240 applies, a notice of
10 intention to vacate may be given;
or
(iii) if section 249, 283 or 308 (as the
case requires) applies, a notice to
vacate may be given; and";
15 (b) in paragraph (h), after "is owed" insert "or
by that person's agent".
90. Successive breach notice applies whether or not
breach remedied
(1) In section 240(1) of the Principal Act--
20 (a) in paragraph (c), for "section 208; and"
substitute "section 208.";
(b) paragraph (d) is repealed.
(2) In section 249(1) of the Principal Act--
(a) in paragraph (c), for "section 208; and"
25 substitute "section 208.";
(b) paragraph (d) is repealed.
(3) In section 283(1) of the Principal Act--
(a) in paragraph (c), for "section 208; and"
substitute "section 208.";
30 (b) paragraph (d) is repealed.
44
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 9--MISCELLANEOUS Amendments and transitional provisions
s. 91
(4) In section 308(1) of the Principal Act--
(a) in paragraph (c), for "section 208; and"
substitute "section 208.";
(b) paragraph (d) is repealed.
5 91. Warrant of possession
In section 355(1)(a) of the Principal Act, for
"approved by the Minister" substitute "prescribed
by rules made under the Victorian Civil and
Administrative Tribunal Act 1998".
10 92. Notice to leave for serious acts of violence
(1) In section 368 of the Principal Act, for
"reasonably believes" (where twice occurring),
substitute "has reasonable grounds to believe".
(2) In section 368 of the Principal Act, after sub-
15 section (3) insert--
"(4) A notice to leave under this section must be
given as soon as it is possible for the
manager to safely do so after the serious act
of violence has occurred or the safety of a
20 person on the premises has been
endangered.".
93. New section 368A inserted
After section 368 of the Principal Act insert--
"368A. Offence to give notice to leave or purported
25 notice to leave without reasonable grounds
A manager of managed premises must not
give--
(a) a notice to leave under section 368; or
(b) a document which purports to be a
30 notice to leave under section 368--
unless the manager has reasonable grounds
to believe that--
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 9--MISCELLANEOUS Amendments and transitional provisions
s. 94
(c) a serious act of violence by a resident
or a resident's visitor has occurred on
the rented premises; or
(d) the safety of any person on the
5 managed premises is in danger from a
resident or a resident's visitor.
Penalty: 20 penalty units.".
94. Payment of rent during suspension
In section 370(2) of the Principal Act, after "sub-
10 section (1)," insert "unless the Tribunal makes an
order under section 376(1)(b),".
95. Compensation to resident for reasonable expenses
In section 376 of the Principal Act, for sub-section
(3) substitute--
15 "(3) If the Tribunal orders under sub-section
(1)(b) that the suspension of the tenancy
agreement or residency right cease--
(a) the resident is not required to pay rent
or hiring charges in respect of the
20 period of the suspension; and
(b) the Tribunal must order that
compensation be paid to the resident
comprising--
(i) a refund of the rent or hiring
25 charges paid during the period of
the suspension; and
(ii) any reasonable expenses incurred
by the resident relating to the
period of suspension.".
46
541271B.I1-15/5/2002 BILL LA CIRCULATION 22-10-2004
Residential Tenancies (Amendment) Act 2002
Act No.
Part 9--MISCELLANEOUS Amendments and transitional provisions
s. 96
96. New section 377A inserted
After section 377 of the Principal Act insert--
"377A. Notice to leave prohibited if notice to vacate
under section 244, 279 or 303 already given
5 A manager is not entitled to give a notice to
leave under section 368 in respect of an act
or omission if--
(a) a landlord has given a notice to vacate
under section 244 in respect of that act
10 or omission; or
(b) a rooming house owner has given a
notice to vacate under section 279 in
respect of that act or omission; or
(c) a caravan park owner has given a notice
15 to vacate under section 303 in respect
of that act or omission.".
97. References to Registrar substituted
In the Principal Act--
(a) in section 333(1)(c), for "Registrar"
20 substitute "principal registrar";
(b) in section 486(a)(i), for "Registrar"
substitute "principal registrar".
98. Confidentiality
In section 499(3)(a)(i) of the Principal Act omit
25 "obtained".
99. Electronic service of documents
At the foot of section 506(3) of the Principal Act
insert--
"Note: The Electronic Transactions (Victoria) Act 2000
30 provides for the service of documents by electronic
communication in accordance with that Act.".
47
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 9--MISCELLANEOUS Amendments and transitional provisions
s. 100
100. New section 508A inserted
After section 508 of the Principal Act insert--
"508A. Extended period to prosecute certain
offences
5 Despite section 26 of the Magistrates'
Court Act 1989, proceedings for the
following offences may be commenced
within the period of 3 years after the
commission of the alleged offence--
10 (a) an offence against section 31(1), 96 or
147;
(b) an offence against section 35(1), 97(1)
or 148(1);
(c) an offence against section 37(1);
15 (d) an offence against section 66(1), 124 or
182;
(e) an offence against section 146(3);
(f) an offence against section 183(1);
(g) an offence against section 405(1) or (4);
20 (h) an offence against section 406.".
101. New Division 3 inserted into Schedule 1 to Principal
Act
In Schedule 1 to the Principal Act, after
Division 2 insert--
25 "Division 3--Transitional and Savings Provisions--
Residential Tenancies (Amendment) Act 2002
9. Section 16 tenancy agreements
Despite the repeal of section 16 by the Residential
Tenancies (Amendment) Act 2002, a tenancy
30 agreement created under section 16 as in force
immediately before its repeal is not affected and the
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 9--MISCELLANEOUS Amendments and transitional provisions
s. 101
rooming house provisions do not apply to that
agreement.
10. Applications for non-urgent repairs
Section 75(2) as amended by the Residential
5 Tenancies (Amendment) Act 2002 applies to an
application in relation to a Director's report received
before the commencement of section 17 of that Act if
the period under section 75(2) (as in force
immediately before its amendment) for making the
10 application has not expired before that
commencement.
11. Caravan park residency periods
Despite the amendment of paragraph (b)(ii) of the
definition of "resident" in section 3 and the
15 amendment of section 145(b) by the Residential
Tenancies (Amendment) Act 2002, those sections,
as in force immediately before the commencement of
section 44 of that Act, continue to apply to a person
who has commenced occupation of a site in a caravan
20 park as his or her main residence.
12. Warrants of possession
Despite the amendment of section 355(1) by the
Residential Tenancies (Amendment) Act 2002, a
warrant of possession in the form approved by the
25 Minister is sufficient for the purposes of Part 7 if the
warrant--
(a) was issued before the commencement of
section 91 of that Act; and
(b) before that commencement has not--
30 (i) lapsed or been cancelled; or
(ii) been executed.".
__________________
49
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Residential Tenancies (Amendment) Act 2002
Act No.
Part 10--Amendment of Victorian Civil and Administrative Tribunal Act
s. 102
1998
PART 10--AMENDMENT OF VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL ACT 1998
102. New clause 77A inserted into Schedule 1 to the
Victorian Civil and Administrative Tribunal Act 1998
5 See: In Part 17 of Schedule 1 to the Victorian Civil
Act No.
and Administrative Tribunal Act 1998, after
53/1998.
Reprint No. 2 clause 77 insert--
as at
15 July 2001 "77A. Failure to comply with determinations
and
amending Section 133 does not apply to the failure to comply
Act Nos
10 with a determination of the Tribunal made under the
98/2000,
Residential Tenancies Act 1997.
2/2001,
68/2001 and
Note: See section 480 of the Residential Tenancies
96/2001.
Act 1997.".
LawToday:
www.dms.
dpc.vic.
gov.au
103. New rule making power inserted into Schedule 2 to
15 the Victorian Civil and Administrative Tribunal Act
1998
At the end of Schedule 2 to the Victorian Civil
and Administrative Tribunal Act 1998 insert--
"Form and content of a warrant of possession under
20 section 355 of the Residential Tenancies Act 1997.".
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Residential Tenancies (Amendment) Act 2002
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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