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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Residential Tenancies (Amendment) Act 2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Definition of "Director of Housing voucher" 2
5. Bond lodgment form 3
6. Receipt for bond 3
7. Payment of bond by cheque, Director of Housing voucher or
money order 3
8. Payment out of bonds 3
9. New section 411A inserted 4
411A. Payment out of certain Director of Housing bonds held
on 30 June 2003 4
10. Payment out by agreement 5
11. Payment to Director of Housing or landlord by agreement 5
12. New section 413A inserted 6
413A. Authority to notify Director of Housing on receipt of
new bond 6
13. Application to Tribunal by tenant or Director of Housing 6
14. Bond paid by Director of Housing 6
15. Authority to record names 7
16. Functions of Authority 7
ENDNOTES 8
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PARLIAMENT OF VICTORIA
Initiated in Assembly 7 October 2003
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Residential Tenancies Act 1997 to make provision for
the Director of Housing to pay amounts of bonds on behalf of tenants
by means of vouchers, to enable the refund of amounts of certain
bonds to the Director of Housing, to provide that it is a function of the
Residential Tenancies Bond Authority to collect certain information
and to disclose that information to the Director of Housing and for
other purposes.
Residential Tenancies (Amendment) Act
2003
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Residential Tenancies Act 1997--
551100B.I1-10/10/2003 BILL LA CIRCULATION 10/10/2003
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Residential Tenancies (Amendment) Act 2003
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Act No.
(a) to provide that the Director of Housing may
pay amounts of bonds on behalf of tenants
by means of Director of Housing vouchers;
Victorian Legislation and Parliamentary Documents
and
5 (b) to enable the Authority to refund amounts of
certain bonds paid by the Director of
Housing and held by the Authority on
30 June 2003 to the Director of Housing; and
(c) to provide that it is a function of the
10 Authority to collect certain information and
to disclose that information to the Director of
Housing.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
15 operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 30 June 2004, it comes into
operation on that day.
3. Principal Act
20 See: In this Act, the Residential Tenancies Act 1997
Act No.
is called the Principal Act.
109/1997.
Reprint No. 3
as at
1 July 2003.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Definition of "Director of Housing voucher"
In section 404 of the Principal Act insert the
following definition--
25 ' "Director of Housing voucher" means a
voucher issued by the Director of Housing or
an agent of the Director of Housing for
payment of an amount of bond on behalf of a
tenant;'.
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Residential Tenancies (Amendment) Act 2003
s. 5
Act No.
5. Bond lodgment form
In section 405(2) of the Principal Act, for "paid
Victorian Legislation and Parliamentary Documents
the" substitute "paid an amount of".
6. Receipt for bond
5 In section 407(1)(c) of the Principal Act, for "the
bond" insert "an amount of bond".
7. Payment of bond by cheque, Director of Housing
voucher or money order
(1) In the heading to section 410A of the Principal
10 Act, after "cheque" insert ", Director of
Housing voucher".
(2) For section 410A(1) of the Principal Act
substitute--
"(1) Without limiting any manner in which a
15 bond may be paid, for the purposes of this
Division, a landlord receives a bond from a
tenant if the tenant gives the landlord the
amount of the bond--
(a) in the form of a cheque made payable
20 to the Authority; or
(b) in the form of a money order made
payable to the Authority; or
(c) in the form of a Director of Housing
voucher; or
25 (d) in a combination of 2 or more forms
specified in paragraphs (a), (b) and
(c).".
8. Payment out of bonds
In section 411 of the Principal Act--
30 (a) in paragraph (c), for "court." substitute
"court; or";
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Act No.
(b) after paragraph (c) insert--
"(d) in the case of an amount of bond paid
Victorian Legislation and Parliamentary Documents
by the Director of Housing or an agent
of the Director of Housing on behalf of
5 a tenant, in accordance with--
(i) paragraph (b) or (c); or
(ii) section 411A; or
(iii) section 413(1) or (1A).".
9. New section 411A inserted
10 After section 411 of the Principal Act insert--
"411A. Payment out of certain Director of
Housing bonds held on 30 June 2003
(1) This section applies if--
(a) the Authority, on 30 June 2003, holds
15 an amount of bond paid by the Director
of Housing or an agent of the Director
of Housing on behalf of a tenant; and
(b) the Authority receives a new bond
(whether before, on or after the
20 commencement of section 9 of the
Residential Tenancies (Amendment)
Act 2003) in relation to a tenancy
agreement for the same premises to
which the amount of bond referred to in
25 paragraph (a) relates; and
(c) no application for a refund of the
amount of bond referred to in
paragraph (a) is made in accordance
with section 413(1) or 413(1A) within
30 12 months of the date on which the
Authority receives the new bond
referred to in paragraph (b).
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Act No.
(2) The Authority may pay to the Director of
Housing the amount of bond referred to in
sub-section (1)(a).
Victorian Legislation and Parliamentary Documents
(3) If, after the Authority pays an amount under
5 sub-section (2), the Authority holds a
remaining amount of bond in relation to the
tenancy agreement for which the amount of
bond referred to in sub-section (1)(a) was
paid, the Authority may pay to the tenant the
10 remaining amount of bond.".
10. Payment out by agreement
In section 412(6) of the Principal Act, before
"bond" insert "amount of".
11. Payment to Director of Housing or landlord by
15 agreement
(1) After section 413(1) of the Principal Act insert--
"(1A) A landlord and the Director of Housing may
apply jointly to the Authority for a refund to
the Director of Housing of the amount of
20 bond paid by the Director of Housing or an
agent of the Director of Housing on behalf of
a tenant if the landlord is unable to obtain the
tenant's agreement to make an application to
the Authority under sub-section (1).".
25 (2) After section 413(2) of the Principal Act insert--
"(3) If any part of the amount of bond is to be
paid to the landlord, the application must not
be made earlier than 7 days before the
termination date in respect of the tenancy
30 agreement.".
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12. New section 413A inserted
After section 413 of the Principal Act insert--
Victorian Legislation and Parliamentary Documents
"413A. Authority to notify Director of Housing on
receipt of new bond
5 As soon as practicable after receiving a new
bond from a landlord in respect of a tenancy
agreement for the same premises for which
the Authority already holds an amount of
bond paid by the Director of Housing or an
10 agent of the Director of Housing on behalf of
a tenant, the Authority must notify the
Director of Housing that the Authority has
received a new bond in respect of a tenancy
agreement for those premises.".
15 13. Application to Tribunal by tenant or Director of
Housing
(1) Insert the following heading to section 416 of the
Principal Act--
"Application to Tribunal by tenant or Director
20 of Housing".
(2) In section 416(3) of the Principal Act, for "the
bond" insert "an amount of bond".
14. Bond paid by Director of Housing
(1) In section 421(1) of the Principal Act, for "a
25 bond" substitute "an amount of bond".
(2) In section 421(3)(a) of the Principal Act, for
"bond was" substitute "amount of bond was".
(3) In section 421(3)(b) of the Principal Act, before
"bond" insert "amount of".
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Act No.
15. Authority to record names
After section 427(1)(a) of the Principal Act
Victorian Legislation and Parliamentary Documents
insert--
"(aa) in the case of a bond lodgment form that
5 states that an amount of bond has been paid
by the Director of Housing or an agent of the
Director of Housing on behalf of a tenant--
(i) the fact that the amount of bond has
been so paid; and
10 (ii) the amount of the bond that has been so
paid; and".
16. Functions of Authority
After section 431(c) of the Principal Act insert--
"(ca) to collect the information contained in bond
15 lodgment forms given to the Authority and
other information kept by the Authority in
relation to bonds held by the Authority;
(cb) to disclose the information (other than
persons' names) referred to in paragraph (ca),
20 whether it was collected before, on or after
the commencement of section 16 of the
Residential Tenancies (Amendment) Act
2003, to the Director of Housing for the
purpose of the use of that information by the
25 Director of Housing in research, compiling
statistics and public education;".
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Residential Tenancies (Amendment) Act 2003
Endnotes
Act No.
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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