RESIDENTIAL TENANCIES ACT 1997

Victorian Consolidated Legislation

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RESIDENTIAL TENANCIES ACT 1997

No. 109 of 1997
Version incorporating amendments as at 12 February 2008

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

Division 1-Introductory provisions

1. Purposes
2. Commencement
3. Definitions
4. Act binds the Crown

Division 2-Application of Act to tenancy agreements and rooming houses
Subdivision 1-Application to tenancy agreements

5. Application of Act to assignees and transferees
6. Tenancy agreements exceeding 5 years
7. Premises used primarily as a residence
8. Premises connected to premises used for trade or business
9. Principal place of residence
10. Premises used for holidays
11. Farming and grazing
12. Contracts of employment
13. Contracts of sale or mortgages
14. Prescribed premises and prescribed tenancy agreements
15. Certain provisions not to apply to tenancy agreements
Subdivision 2-Application to rooming houses
16. Repealed
17. Room used by owner or owner's family or employees
18. Self-contained apartments
19. Minister may declare building to be a rooming house
Subdivision 3-Application to tenancy agreements and rooming houses
20. Hotels and motels
21. Educational institutions
22. Temporary crisis accommodation
23. Health or residential services

Division 3-Exemptions by Tribunal

24. Application for exemption
25. Order of Tribunal

PART 2-RESIDENTIAL TENANCIES-TENANCY AGREEMENTS

Division 1-General requirements for tenancy agreements

26. Tenancy agreements to be in standard form
27. Invalid terms
28. Harsh and unconscionable terms
29. Copy of agreement to be made available to tenant
30. Tenants with children

Division 2-Bonds

31. What is the maximum bond?
32. Application to increase maximum amount of bond
33. Tribunal may determine maximum bond
34. Not more than 1 bond is payable in respect of continuous occupation
35. Condition report
36. Condition report is evidence of state of repair
37. Certain guarantees prohibited
38. Maximum amount of certain guarantees

Division 3-Rents

39. Accrual of rent
40. Limit on rent in advance
41. Rent in advance under weekly tenancy agreement
42. Where and how is rent to be paid?
43. Receipts for rent
44. How much notice of rent increase is required?
45. Tenant may complain to Director about excessive rent
46. Application to Tribunal about excessive rent
47. What can the Tribunal order?
48. Tribunal can order refund of rent
49. Tenant's goods not to be taken for rent

Division 4-Other charges

50. Application and holding deposits
51. Certain charges prohibited
52. Tenant's liability for various utility charges
53. Landlord's liability for various utility charges
54. Landlord's liability for charges for supply to non-complying appliances
55. Reimbursement
56. Landlord must not seek overpayment for utility charge
57. Director of Housing may impose service charge
58. Indemnity for taxes and rates

Division 5-General duties of tenants and landlords

59. Tenant must not use premises for illegal purpose
60. Tenant must not cause nuisance or interference
61. Tenant must avoid damage to premises or common areas
62. Tenant must give notice of damage
63. Tenant must keep rented premises clean
64. Tenant must not install fixtures etc. without consent
65. Landlord's duty in relation to provision of premises
66. Landlord must give tenant certain information
67. Quiet enjoyment
68. Landlord's duty to maintain premises
69. Landlord must ensure replacement water appliances have A rating
70. Locks
71. Application to Tribunal to change locks without consent

Division 6-Repairs and maintenance

72. Urgent repairs
73. Application to Tribunal for urgent repairs
74. Application to Director to investigate need for non-urgent
repairs
75. Application to Tribunal for non-urgent repairs
76. What can the Tribunal order?
77. Payment of rent into Rent Special Account
78. Landlord may give tenant repair notice
79. Landlord may do repairs and tenant liable for costs
80. Declaration under Housing Act 1983 that house unfit for habitation

Division 7-Assignment and sub-letting

81. Assignment and sub-letting by a tenant
82. Tenant may apply to Tribunal
83. Director of Housing may withhold consent in certain circumstances
84. Landlord cannot ask for fee for giving consent

Division 8-Rights of entry

85. Entry of rented premises
86. Grounds for entry of rented premises
87. Manner of entry
88. What must be in a notice of entry?
89. Tenant has duty to permit entry
90. What if damage is caused during entry?
91. What if a person exercising right of entry fails to comply with Division?
91A. Offence relating to entering rented premises

PART 3-ROOMING HOUSES-RESIDENCY RIGHTS AND DUTIES

Division 1-Residency rights

92. Residency right
92A. Exclusive occupancy right
92B. Shared room right
92C. Notice to resident of residency right
93. Rights cannot be assigned
94. Power to enter tenancy agreements or other agreements
94A. Harsh and unconscionable terms

Division 1A-Shared room rights

94B. Consent required for increase in room capacity
94C. Notice of increase in room capacity
94D. Consent of resident to increased room capacity

Division 2-Bonds

95. Payment of bond
96. What is the maximum bond?
97. Condition report
98. Condition report is evidence of state of repair

Division 3-Rent

99. Limit on rent in advance
100. Receipts for rent
101. How much notice of rent increase is required?
102. Resident may complain to Director about excessive rent
103. Application to Tribunal about excessive rent
104. What can the Tribunal order?
105. Payment of increased rent pending Tribunal decision
106. Rent must be reduced if services are reduced
106A. Rent must be reduced if room capacity increased
107. Resident's goods not to be taken for rent

Division 4-Other charges

108. Separately metered rooms
109. Schedule of services provided to be given to resident
109A. Director of Housing may impose service charge on resident

Division 5-General duties of residents and rooming house owners

110. Resident's use of room
111. Resident must not use room for illegal purposes
112. Resident's duty to pay rent
113. Quiet enjoyment-resident's duty
114. Resident must keep room in clean condition
115. Resident must not install fixtures without consent
116. Resident must notify owner of and compensate for damage
117. Resident must not keep pet without consent
118. Resident must give key to owner
119. Resident must observe house rules
120. Rooming house owner must keep room and house in good
repair
121. Rooming house owner must provide access
122. Quiet enjoyment-rooming house owner's duty
123. Security
124. Display of statement of rights and house rules
125. Owner to give additional information
126. House rules
127. Duties relating to house rules
128. What if house rules are thought to be unreasonable?

Division 6-Repairs

129. Urgent repairs
130. Application to Tribunal for urgent repairs
131. Application to Director to investigate need for non-urgent
repairs
132. Application to Tribunal for non-urgent repairs
133. What can the Tribunal order?
134. Payment of rent into Rent Special Account
135. Repair provisions not applicable to certain damage

Division 7-Rights of entry

136. Access to room
137. Grounds for entry of a room
138. Manner of entry
139. What must be in a notice of entry?
140. Resident has duty to permit entry
141. What if damage is caused during entry?
142. What if a person exercising right of entry fails to comply with Division?
142A. Offence relating to entering room occupied by resident

PART 4-CARAVAN PARKS AND MOVABLE DWELLINGS-RESIDENCY RIGHTS AND DUTIES

Division 1-Residency rights

143. Residency right
144. Agreements
144A. Harsh and unconscionable terms
145. Caravan park owner to notify prospective resident of rights

Division 2-Bonds

146. Payment of bond
147. What is the maximum bond?
148. Condition report
149. Condition report is evidence of state of repair

Division 3-Rents and hiring charges

150. Limit on rent or hiring charge in advance
151. Receipts for rent or hiring charge
152. How much notice is required of rent or hiring charge increase?
153. Resident may complain to Director about excessive rent or hiring charge
154. Application to Tribunal about excessive rent or hiring charge
155. What can the Tribunal order?
156. Payment of increased rent or hiring charge pending Tribunal decision
157. Additional rent
158. Additional hiring charge
159. Rent must be reduced if services are reduced
160. Resident's goods not to be taken for rent or hiring charges

Division 4-Other charges

161. Fee for supply of key
162. Resident's liability for electricity, gas and water charges
163. Caravan park owner's liability for electricity, gas and water charges
164. Owner's responsibility for charges for supply to non-complying appliances
165. Reimbursement
166. Owner must not seek overpayment for utility charges

Division 5-General duties of residents, caravan park owners and caravan owners

167. Resident's use of site
168. Resident must not use site for illegal purposes
169. Resident's duty to pay rent and hiring charge
170. Quiet enjoyment-resident's duty
171. Resident must keep site clean
172. Resident must not erect structures
173. Resident must notify owner of and compensate for damage
174. Number of persons residing on site
175. Resident must observe caravan park rules
176. Caravan park owner must provide access
177. Quiet enjoyment-caravan park owner's duty
178. Caravan park owner must keep park etc. clean
179. Duty of caravan park owner to maintain communal areas
180. Maintenance and repair of caravans
181. Owner must ensure water efficient appliances installed
182. Statement of rights and copy of park rules
183. Statement of scale of certain charges, fees and commissions
184. Owner to give additional information
185. Caravan park rules
186. Duties relating to caravan park rules
187. What if the caravan park rules are thought to be unreasonable?

Division 6-Repairs

188. Urgent repairs to caravans
189. Application to Tribunal for urgent repairs
190. Application to Director to investigate need for non-urgent
repairs
191. Application to Tribunal for non-urgent repairs
192. What can the Tribunal order?
193. Payment of hiring charge into Rent Special Account
194. Repair provisions not applicable to certain damage

Division 7-Transfer of rights and sale of caravans and movable dwellings

195. Transfer of residency right
196. What if the caravan park owner unreasonably withholds consent to transfer?
197. Owner must not charge fee for transfer of resident's rights
198. Sale of caravan

Division 8-Rights of entry

199. Entry of caravan by caravan park owner
200. Entry of caravan by caravan owner
201. Grounds for entry of caravan or site
202. Manner of entry
203. What must be in a notice of entry?
204. Resident has duty to permit entry
205. What if damage is caused during entry?
206. What if a person exercising right of entry fails to comply with Division?
206A. Offence relating to entering a site or caravan occupied by a resident

PART 5-COMPENSATION AND COMPLIANCE

207. Definitions
208. Breach of duty notice
209. Application for compensation or compliance order for breach
of duty
209A. Tribunal must hear application urgently
210. Application to Tribunal for compensation order on other
grounds
210A. Application to Tribunal by resident for compensation
211. Matters which may be considered by Tribunal
212. Orders of Tribunal
213. Compensation for unpaid rent
213A. Application for payment of rent arrears or hiring charge arrears from bond
213B. Application by landlord to Tribunal for loss or damage
214. Can a person recover compensation under this Part as well as from a bond?
215. What powers does a court have to award compensation?

PART 6-TERMINATION

Division 1-Termination of residential tenancies
Subdivision 1-When can a tenancy agreement be terminated?

216. Termination of tenancy agreement
217. Termination by agreement
218. Termination by consent
219. Termination after notice to vacate
220. Termination by abandonment
221. Termination where premises are sub-let
222. Termination where landlord not owner of premises
223. Termination by mortgagee
224. Termination by merger
225. Termination by disclaimer
226. Termination by tenant before possession
227. Termination by landlord before possession
228. Termination after death of sole tenant
229. Offence to obtain possession etc. of premises
Subdivision 2-Variations or creations of tenancy
230. Creation of periodic tenancy
231. New tenancy created where head tenancy terminated
232. Application to Tribunal for creation of tenancy agreement
233. Order of Tribunal
234. Reduction of fixed term tenancy agreement
Subdivision 3-Notice or abandonment by tenant
235. Notice of intention to vacate
236. Notice to have no effect in certain circumstances
237. Reduced period of notice of intention to vacate in certain circumstances
238. Premises destroyed or unfit for habitation
239. Failure of landlord to comply with Tribunal order
240. Successive breaches by landlord
241. Order of Tribunal that premises are abandoned
242. Abandoned premises and rent in advance
Subdivision 4-Notice by landlord, owner or mortgagee
243. Damage
244. Danger
245. Condition of premises
246. Non-payment of rent
247. Failure to pay bond
248. Failure to comply with Tribunal order
249. Successive breaches by tenant
250. Use of premises for illegal purpose
251. Permitting child to reside in premises
252. False statement to housing authority
253. Assignment or sub-letting without consent
254. Landlord's principal place of residence (fixed term tenancy)
255. Repairs
256. Demolition
257. Premises to be used for business
258. Premises to be occupied by landlord or landlord's family
259. Premises to be sold
260. Premises required for public purposes
261. End of fixed term tenancy
262. Tenant no longer meets eligibility criteria
262A. Tenant in transitional housing refuses alternative accommodation
263. Notice to vacate for no specified reason
264. Prohibition on letting premises after notice
265. Effect of excessive rent order on notice to vacate
266. Notice to have no effect in certain circumstances
267. Notice by owner
268. Notice by mortgagee

Division 2-Termination of residency rights in rooming houses
Subdivision 1-When does a residency right end?

269. Termination after notice
270. Termination by Tribunal
271. Termination by abandonment
272. Termination if room or rooming house destroyed
273. Offences relating to interference with rights
Subdivision 2-Notice or abandonment by resident
274. Notice of intention to vacate room
275. Rent payable on termination without notice
276. Rent payable if room vacated early
277. Order of abandonment
Subdivision 3-Notice by rooming house owner or rooming house mortgagee
278. Damage
279. Danger
280. Disruption
281. Non-payment of rent
282. Failure of resident to comply with Tribunal order
283. Successive breaches by resident
284. Use of room for illegal purpose
285. Sale of rooming house
286. Repairs or demolition
287. Prohibition on renting after notice
287A. Resident in transitional housing refuses alternative accommodation
288. Notice for no specified reason
289. Notice of no effect
290. Notice by rooming house mortgagee

Division 3-Termination of residency rights in caravan parks
Subdivision 1-When does a residency right end?

291. Termination after notice
292. Termination by agreement
293. Termination on execution of warrant
294. Termination by abandonment
295. Offences relating to interference with rights
Subdivision 2-Notice or abandonment by resident
296. Notice of intention to vacate site or caravan
297. Notice if caravan destroyed or unfit for habitation
298. Rent or hiring charge payable on termination without notice
299. Rent or hiring charge payable if site or caravan vacated early
300. Abandonment of site or caravan
301. Order of abandonment
Subdivision 3-Notice by caravan park owner, caravan owner or caravan mortgagee
302. Damage
303. Danger
304. Disruption
305. Non-payment of rent
306. Non-payment of hiring charges
307. Failure of resident to comply with Tribunal order
308. Successive breaches by resident
309. Use of site or caravan for illegal purpose
310. Sale of caravan
311. Change of use
312. Occupation by caravan owner
313. Prohibition on hiring of caravans or renting of sites after
notice
314. Notice for no specified reason
315. Notice of no effect
316. Notice by caravan park mortgagee
317. Notice by caravan mortgagee

Division 4-Notices under this Part 318. Form of notice of intention to vacate

319. Form of notice to vacate
319A. Composite notices to vacate
320. What if 2 or more notices can be served?
321. How can a notice be withdrawn?

Division 5-Can a notice to vacate be challenged?

321A. Application of Division
321B. Tenant or resident may apply to Tribunal
321C. What can the Tribunal order?

PART 7-REGAINING POSSESSION-POSSESSION ORDERS AND WARRANTS

Division 1-Applications for possession orders

322. Application for possession order by landlord
323. Application for possession order by rooming house owner
324. Application for possession order by caravan park owner or caravan owner
325. Application for possession order by mortgagee
326. Time for application
327. Applications where composite notice to vacate is given
328. Repealed
329. Hearing of application for possession order
330. Order of Tribunal
331. Order to be dismissed or adjourned in certain circumstances
332. Order not to be made in certain circumstances
333. Contents of possession order
334. Effect of possession order for rented premises

Division 2-Alternative procedure for possession

335. Application for possession order where rent owing
336. Landlord to give tenant notice to vacate
337. Landlord may apply for possession order in respect of notice under section 261.
338. Objection by tenant
339. Request for determination if no notice of objection
340. Repealed
341. Principal registrar to make determination if no notice of
objection
342. Effect of possession order
343. What if the principal registrar is not satisfied that
determination should be made?

Division 3-Recovery of possession of rented premises where occupied without consent

344. Application for possession order if premises occupied without consent
345. Order of Tribunal
346. What must the possession order provide?
347. Notice to occupiers of premises
348. Direction of Tribunal if occupier fails to appear
349. Order of Tribunal if occupier appears
350. Effect of this Division

Division 4-Warrants of possession

351. Issue of warrant of possession
352. Postponement of issue of warrant in certain cases
353. Immediate issue of warrant if failure to comply during postponement
354. Extension of time for warrant to be executed
355. Warrant of possession
356. Lapsing of possession order and lapsing or cancellation of warrant of possession
357. Execution of warrant
358. Offence to re-enter rooming house, site or caravan

Division 5-Sheriff's powers to remove caravans

359. Removal of caravan from a caravan park
360. Sheriff's powers to remove
361. What happens to personal documents?
362. Disposal of personal documents after 90 days
363. Reclaiming documents before disposal
364. Rightful owner may claim caravan and goods
365. Sale of caravan and goods
366. Tribunal may order compensation from Residential Tenancies Fund

PART 8-VIOLENCE ON CERTAIN PREMISES

367. Definitions
368. Manager may give person notice to leave-serious acts of violence
368A. Offence to give notice to leave or purported notice to leave without reasonable grounds
369. Offence to remain on premises if given notice to leave
370. What happens to a tenancy agreement or residency right if a notice to leave is given?
371. How long does a suspension last?
372. Offence to re-enter premises during suspension
373. Notice to principal registrar
374. Landlord, rooming house owner or caravan park owner may make urgent application to Tribunal
375. Tribunal must hear application urgently
376. What can the Tribunal order?
377. Offence to allow occupation of premises pending application or hearing
377A. Notice to leave prohibited if notice to vacate under section 244, 279 or 303 already given

PART 9-GOODS LEFT BEHIND BY TENANTS AND RESIDENTS

Division 1-Preliminary

378. Application of this Part 379. Definitions

Division 2-Personal documents left behind

380. What happens if personal documents are left behind by a tenant or resident?
381. Disposal of personal documents after 90 days
382. Reclaiming personal documents before disposal

Division 3-Goods left behind

383. Application of Division
384. Disposal of certain goods left behind
385. Request to Director to state whether goods can be removed
and destroyed or disposed of
386. What must a landlord do about goods which are left behind?
387. What must a rooming house owner do about goods left
behind?
388. What must a caravan park owner etc. do about goods left
behind?
389. Rightful owner may reclaim stored goods before sale
390. What if a caravan owned by a resident is abandoned on site?
391. Sale of stored goods
392. Sale of stored goods by public auction to be advertised
393. Entitlement to removal and storage costs
394. Purchaser takes good title

Division 4-Orders of Tribunal

395. What if proceeds of sale are not sufficient to cover costs?
396. What if goods or documents are disposed of in contravention
of this Part?
397. What if goods or documents are wrongfully retained?
398. What if goods or documents are damaged or lost?
399. What if stored goods have been sold in accordance with this
Part?
400. What if personal documents are disposed of in accordance
with section 381?
401. What orders can the Tribunal make?
402. Payment of compensation to owner who relies on Director's statement
403. When is compensation payable out of the Residential
Tenancies Fund?

PART 10-BONDS AND THE RESIDENTIAL TENANCIES BOND AUTHORITY

Division 1-Interpretation

404. Definitions

Division 2-Payment of bonds to Residential Tenancies Bond Authority

405. Bond lodgement form
406. Duty to pay bond to Authority
407. Receipt for bond
408. Bond held on trust
409. What if the landlord is late in lodging the bond?
410. Payment of bond into Residential Bonds Account
410A. Payment of bond by cheque, Director of Housing voucher
or money order

Division 3-Payment out of bonds

411. Payment out of bonds
411A. Payment out of certain Director of Housing bonds held on 30 June 2003.
412. Payment out by agreement
413. Payment to Director of Housing by agreement
413A. Authority to notify Director of Housing on receipt of new bond
414. Application to Tribunal by landlord
415. Determination of application
416. Application to Tribunal by tenant or Director of Housing
417. Application to Tribunal by landlord
418. Application by landlord where rent unpaid
419. Application by landlord on other grounds
420. Determination by Tribunal
421. Bond paid by Director of Housing
422. Unclaimed money
423. Prohibition of claims

Division 4-General provisions relating to bonds

424. Notice of assignment or transfer by landlord
425. Notice of assignment or transfer by tenant
426. Agent to produce authorisation on request
427. Authority to record names
428. Tenant must not use bond as rent

Division 5-Residential Tenancies Bond Authority

429. Establishment of Authority
430. Constitution of Authority
431. Functions of Authority
432. Powers of Authority
433. Authority subject to Minister's general direction and control
434. Delegation

Division 6-Bond Accounts

435. Residential Bonds Account
436. Residential Bonds Investment Income Account
437. Residential Tenancies Fund
438. Borrowing and investment powers of Authority
439. Additional amounts

PART 11-FUNCTIONS OF TRIBUNAL

Division 1-Repealed

440-445. Repealed

Division 2-Jurisdiction of Tribunal

446. Jurisdiction of Tribunal
447. Limits of jurisdiction of Tribunal
448. Proceedings of Tribunal not justiciable

Division 3-Who may apply to Tribunal?

449-451 Repealed
452. General applications to the Tribunal
453-471. Repealed

Division 4-Orders of Tribunal

472. General power of Tribunal to make determinations
473. Powers of Tribunal where 2 or more tenancy agreements
affect same premises
474-478 Repealed
479. Review of certain determinations and orders
480. Offence to fail to comply with determination of Tribunal

Division 5-Repealed

481-484 Repealed

Division 6-Rent Special Account

485. Rent Special Account

PART 12-ADMINISTRATION

Division 1-Director of Consumer Affairs Victoria

486. Functions of Director
487. Powers of Director
488. Director subject to Minister's general direction and control
489. Delegation by Director
490. Reports of Director

Division 2-Residential Tenancies Fund

491. Establishment of Residential Tenancies Fund
492. Payments into the Residential Tenancies Fund
493. Payments out of Residential Tenancies Fund
494. Treasurer's powers and duties in relation to Residential
Tenancies Fund
495. Director may authorise payments for research etc.
496. Loans to tenants and residents from Residential Tenancies
Fund
497. Loans to landlords etc. from Residential Tenancies Fund
498. Recovery of loan money
498A. Director may authorise payment for certain legal costs

PART 13-GENERAL

Division 1-Offences

499. Confidentiality
500. Repealed
501. Offence to make false representation-tenancy agreement or residency right
502. Offence to persuade person not to exercise rights or take proceedings
503. Offence to aid, abet, counsel or procure commission of offence
504. Offence to give false information
505. Certain penalties prohibited

Division 2-Evidence and legal proceedings

506. Service of documents
507. Onus of proof that Act does not apply
507A. Application of provisions of Fair Trading Act 1999.
508. Proceedings for offences
508A. Extended period to prosecute certain offences
509. Jurisdiction of Supreme Court, County Court and Magistrates' Court
510. Application to Supreme Court, County Court or Magistrates' Court
510A. Parties to Tribunal proceedings

Division 2A-Infringement Notices

510B. Definitions
510C. Power to serve a notice
510D. Form of notice
510E-510J Repealed

Division 3-Regulations

511. Regulations

PART 14-REGULATION OF CARAVAN PARKS AND MOVABLE DWELLINGS

Division 1-Application

512. Application of this Part 513. Minister may exempt caravan park from compliance with this Part

Division 2-Regulation of caravan parks and movable dwellings

514. Standards regulations
515. Registration regulations
516. Additional powers

Division 3-Application of building and planning laws

517. Building provisions
518. Planning provisions

Division 4-Applications and appeals

519. Application by caravan park owner for exemption
520. Referral of disputes by caravan park owners
521. Appeals

Division 5-Enforcement

522. Compliance notice
523. Closure order
524. Delegations
525. Authorised persons
526. Powers of entry and inspection
527. Proceedings for offences against this Part or the regulations

PART 15-TRANSITIONAL PROVISIONS

528. Definition of 2005 Act
529. Number of occupants of room frozen at Royal Assent
530. Rights of existing residents
531. Notice to existing residents
532. Transitional provisions
533. Repealed
__________________
SCHEDULE 1-Transitional Provisions

Division 1-General transitional provisions
1. General transitional provisions
2. Superseded references
3. Residential Tenancies Tribunal
4. Registrar
5. Residential Tenancies Fund
6. Rent Special Account
7. Breach of duty notice

Division 2-Bonds
8. Bonds

Division 3-Transitional and savings provisions-Residential Tenancies (Amendment) Act 2002.
9. Section 16 tenancy agreements
10. Applications for non-urgent repairs
11. Warrants of possession
SCHEDULE 2-Infringement Offences
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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