RESIDENTIAL TENANCIES ACT 1997 - SCHEDULE 1
RESIDENTIAL TENANCIES ACT 1997 - SCHEDULE 1
Schedule 1—Transitional provisions
Division 1—General transitional provisions
1 General transitional provisions
(1) Unless the contrary intention appears in this Act, all persons, things and circumstances appointed or created by or under the Residential Tenancies Act 1980 , the Rooming Houses Act 1990 or the Caravan Parks and Movable Dwellings Act 1988 , or existing or continuing under any of those Acts immediately before the commencement of this clause continue, under and subject to this Act, to have the same status, operation and effect as they respectively would have had if this Act had not been enacted.
(2) This Schedule does not affect or take away from the Interpretation of Legislation Act 1984 .
(3) This Schedule applies despite anything to the contrary in any other provision of this Act.
2 Superseded references
On the commencement of this clause, in any Act (other than this Act) or in any instrument made under any Act or in any document of any kind—
(a) a reference to the Residential Tenancies Act 1980 is deemed to be a reference to the Residential Tenancies Act 1997 ; and
(b) a reference to the Rooming Houses Act 1990 is deemed to be a reference to the Residential Tenancies Act 1997 ; and
(c) a reference to the Caravan Parks and Movable Dwellings Act 1988 is deemed to be a reference to the Residential Tenancies Act 1997 .
3 Residential Tenancies Tribunal
The Residential Tenancies Tribunal established under this Act deemed to be the same body as the Residential Tenancies Tribunal established under the Residential Tenancies Act 1980 .
4 Registrar
The person who held the position of Registrar of the Residential Tenancies Tribunal immediately before the commencement of this clause is deemed on that commencement to be appointed as the Registrar of the Residential Tenancies Tribunal under this Act.
Subject to clause 6, the Residential Tenancies Fund established under this Act is deemed to be the same fund as the Residential Tenancies Fund established under the Residential Tenancies Act 1980 .
On the commencement of this clause—
(a) all money standing to the credit of the Rent Special Account under the Residential Tenancies Act 1980 shall form part of and be paid into the Rent Special Account established under this Act; and
(b) the Rent Special Account established under this Act is deemed to be the same account as the Rent Special Account under the Residential Tenancies Act 1980 .
(1) A notice given under section 105 of the Residential Tenancies Act 1980 in respect of a breach of a provision of Division 2 or 3 of Part IV of that Act is deemed to be a breach of duty notice given under Part 5 of this Act in respect of a breach of a corresponding provision of this Act.
(2) A notice given under section 120 of the Residential Tenancies Act 1980 in respect of a breach of a provision of Division 2, 3 or 4 of Part IV of that Act is deemed to be a breach of duty notice given under Part 5 of this Act in respect of a breach of a corresponding provision of this Act.
(3) A breach of duty notice given under section 40 of the Rooming Houses Act 1990 in respect of a breach of a duty under Division 1 of Part 3 of that Act is deemed to be a breach of duty notice given under Part 5 of this Act in respect of a breach of a corresponding duty under this Act.
(4) A breach of duty notice given under section 47 of the Caravan Parks and Movable Dwellings Act 1988 in respect of a breach of a duty under Division 1 of Part 3 of that Act is deemed to be a breach of duty notice given under Part 5 of this Act in respect of a breach of a corresponding duty under this Act.
Division 2—Bonds
8 Bonds
(1) Sections 65, 66, 67, 68, 69, 77, 78 and 79 of the Residential Tenancies Act 1980 as in force immediately before the commencement of this clause continue to apply in relation to a security deposit paid under a tenancy agreement under that Act before that commencement until the amount of the security deposit is lodged with the Authority under this section.
(2) Sections 14(5) and 15 of the Rooming Houses Act 1990 as in force immediately before the commencement of this clause continue to apply in relation to a bond paid under that Act before that commencement until the amount of the bond is lodged with the Authority under this section.
(3) Sections 14(5) and 15 of the Caravan Parks and Movable Dwellings Act 1988 as in force immediately before the commencement of this clause continue to apply in relation to a bond paid under that Act before that commencement until the amount of the bond is lodged with the Authority under this section.
(4) Part 10 of this Act does not apply to a security deposit or bond to which a provision of the Residential Tenancies Act 1980 , the Rooming Houses Act 1990 or the Caravan Parks and Movable Dwellings Act 1988 continues to apply under this clause.
(5) A landlord must before the compliance day give to the Authority the amount of any security deposit or bond held by the landlord immediately before the relevant day.
Penalty: 10 penalty units.
(6) An amount of security deposit or bond must be lodged together with a completed bond lodgment form.
(7) An amount lodged with the Authority under this clause is deemed to be a bond for the purposes of this Act and on that lodgment—
(a) this Act applies in respect of that bond; and
(b) the Residential Tenancies Act 1980 , Rooming Houses Act 1990 or Caravan Parks and Movable Dwellings Act 1988 , as the case requires, ceases to apply to that bond.
(8) Subclause (5) does not apply to an amount of security deposit or bond—
(a) that is paid to a tenant or resident or the Director of Housing or an agent of the Director of Housing or to which the landlord becomes entitled before the compliance day; or
(b) in respect of which a claim for compensation has been made to the Residential Tenancies Tribunal but is not determined before the compliance day.
(9) In this clause—
"compliance day" means the day that is 6 months after the relevant day;
"landlord" means—
(a) a landlord within the meaning of the Residential Tenancies Act 1980 ; or
(b) a rooming house owner within the meaning of the Rooming Houses Act 1990 ; or
(c) a caravan park owner or caravan owner within the meaning of the Caravan Parks and Movable Dwellings Act 1988 ;
"relevant day" means the day on which Part 10 of this Act comes into operation.
Sch. 1 cl. 8(10) inserted by No. 40/2022 s. 60(47).
(10) On and from the commencement of section 60 of the Residential Tenancies, Housing and Social Services Regulation Amendment (Administration and Other Matters) Act 2022 , a reference to the Director of Housing in this clause includes a reference to Homes Victoria.
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 agreement created under section 16 as in force immediately before its repeal is not affected and the rooming house provisions do not apply to that agreement.
10 Applications for non-urgent repairs
Section 75(2) as amended by the Residential 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 application has not expired before that commencement.
11 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 Minister is sufficient for the purposes of Part 7 if the warrant—
(a) was issued before the commencement of section 90 of that Act; and
(b) before that commencement has not—
(i) lapsed or been cancelled; or
(ii) been executed.
Sch. 1 Div. 4 (Heading and cls 12–14) inserted by No. 21/2012 s. 239(Sch. 6 item 36.5).
Division 4—Australian Consumer Law and
Fair Trading Act 2012
Sch. 1 cl. 12 inserted by No. 21/2012 s. 239(Sch. 6 item 36.5).
12 Commencement day
In this Division, commencement day means the day on which section 236 of the Australian Consumer Law and Fair Trading Act 2012 comes into operation.
Sch. 1 cl. 13 inserted by No. 21/2012 s. 239(Sch. 6 item 36.5).
13 Saving for protected tenants
Part V of the Landlord and Tenant Act 1958 continues to apply to a lease of premises to which that Part applied immediately before the commencement day for so long as those premises remain prescribed premises.
Sch. 1 cl. 14 inserted by No. 21/2012 s. 239(Sch. 6 item 36.5).
14 Part V leases of prescribed premises to be transitioned to Residential Tenancies Act 1997 except in certain circumstances
(1) If a lessee in possession of premises to which Part V of the Landlord and Tenant Act 1958 applies dies on or after the commencement day, only the partner of the lessee who is residing with the lessee at the time of that death may take over the protected tenancy pursuant to section 106 of that Act.
(2) Despite section 14(3) and except in the circumstances described in subclause (1), Part V of the Landlord and Tenant Act 1958 will cease to apply on and from the date of death of a lessee who was in possession of premises under a lease to which that Part applied.
Sch. 1 Div. 5 (Heading and cls 15–20) inserted by No. 45/2018 s. 368.
Division 5—Residential Tenancies Amendment Act 2018
Sch. 1 cl. 15 inserted by No. 45/2018 s. 368.
15 Definitions
In this Division—
"fixed term tenancy agreement" has the same meaning as the definition of fixed term tenancy agreement had in section 3(1) immediately before its repeal by the Residential Tenancies Amendment Act 2018 ;
"periodic tenancy agreement" has the same meaning as the definition of periodic tenancy agreement had in section 3(1) immediately before its repeal by the Residential Tenancies Amendment Act 2018 ;
"tenancy agreement" has the same meaning as the definition of tenancy agreement had in section 3(1) immediately before its repeal by the Residential Tenancies Amendment Act 2018 ;
"tenant" has the same meaning as the definition of tenant had in section 3(1) immediately before its repeal by the Residential Tenancies Amendment Act 2018 .
Sch. 1 cl. 16 inserted by No. 45/2018 s. 368.
16 Fixed term tenancy agreements
(1) The amendments made to sections 17, 19, 26, 26A, 27, 27A, 30, 36, 37, 38, 39, 40, 41, 42, 43, 44, 49, 50, 66 by the Residential Tenancies Amendment Act 2018 do not apply to—
(a) a fixed term tenancy agreement entered into before the commencement of the applicable amendment until that agreement is terminated; and
(b) a periodic tenancy agreement that commenced before the commencement of the applicable amendment until that agreement is terminated.
(2) Sections 17, 19, 26, 26A, 27, 27A, 30, 36, 37, 38, 39, 40, 41, 42, 43, 44, 49, 50 and 66 as in force immediately before the applicable amendment by the Residential Tenancies Amendment Act 2018 continue to apply to—
(a) a fixed term tenancy agreement entered into before the commencement of that amendment until the end of that agreement; and
(b) a periodic tenancy agreement that commenced before the commencement of that amendment until the end of that agreement.
(3) Sections 3A, 27B, 27C, Divisions 1A, 1B and 1C of Part 2 and sections 35A and 65A, as inserted by the Residential Tenancies Amendment Act 2018 , do not apply to a fixed term tenancy agreement or a periodic tenancy agreement referred to in subclause (1).
Sch. 1 cl. 17 inserted by No. 45/2018 s. 368, repealed by No. 47/2019 s. 52.
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Sch. 1 cl. 18 inserted by No. 45/2018 s. 368.
18 Residential rental agreements
Without limiting section 3B—
(a) a reference in a tenancy agreement to a landlord is taken to be a reference to a residential rental provider, unless the context requires otherwise; and
(b) a reference in a tenancy agreement to a tenant is taken to be a reference to a renter, unless the context requires otherwise; and
(c) a reference in a tenancy agreement to a tenancy agreement is taken to be a reference to a residential rental agreement, unless the context requires otherwise.
Sch. 1 cl. 19 inserted by No. 45/2018 s. 368.
On and from the commencement of the definition of rooming house operator in section 3(1), as inserted by the Residential Tenancies Amendment Act 2018 , unless the context requires otherwise, a reference to a rooming house owner in any agreement under section 94 or in relation to a residency right under Part 3 is taken to be a reference to a rooming house operator.
Sch. 1 cl. 20 inserted by No. 45/2018 s. 368, repealed by No. 109/1997 Sch. 1 cl. 20(4).
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Sch. 1A inserted by No. 45/2018 s. 322.