Consumer and Other Acts Miscellaneous Amendments Act 2021 (Vic)

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Consumer and Other Acts Miscellaneous Amendments Act 2021

No. 1 of 2021

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Associations Incorporation Reform Act 2012

3Review of financial statements

4Audit of financial statements

5Lodgement of annual statement with Registrar

Part 3—Amendment of Australian Consumer Law and Fair Trading Act 2012

6Definitions

7Statute law revision

Part 4—Amendment of Gambling Regulation Act 2003

8Purpose, objectives and outline

9Definitions for Act

10Procedure where place is entered under a warrant etc.

11Definitions for Division 4 of Part 4 of Chapter 3

12Consent required for reports and investigations

13Section 3.4.45 substituted

14Prohibition on lobbying in relation to grant of application

15Minister may create and allocate gaming machine entitlements

16Gaming licence

17Definitions for Part 3A of Chapter 4

18Sections 4.3A.3 and 4.3A.4 substituted

19Application for wagering and betting licence

20Determination of applications

21Section 4.3A.7A substituted

22Prohibition on lobbying in relation to grant of application

23Definitions for Division 7 of Part 3A of Chapter 4

24Secretary may require further information

25Updating information provided to Secretary

26Updating information provided to Minister

27Directions to provide information

28Events and betting competitions that cannot be approved under Part 5 of Chapter 4

29Licensee to pay charge

30Which public lotteries can be licensed?

31Repeal of Chapter 6 (Club keno)

32Definitions for Chapter 6A

33Heading to Division 1 of Part 2 of Chapter 6A amended

34Keno games conducted under this Chapter are lawful

35Keno not subject to Chapter 3

36Heading to Division 2 of Part 2 of Chapter 6A amended

37Agents of licensee

38Termination of certain agent agreements

39Approval of keno system

40Security of certain equipment

41Keno rules

42Disallowance of keno rules

43Heading to Part 2A of Chapter 6A substituted

44Approval of keno games for betting purposes

45Definitions for Part 3 of Chapter 6A

46Authority of keno licence

47Section 6A.3.2 substituted

48Consent required for reports and investigation

49Section 6A.3.7A substituted

50Prohibition on lobbying in relation to grant of application

51Issue of licence

52Duration of licence

53New section 6A.3.11AA inserted

54Engaging contractors and appointing agents to assist with keno games

55New sections 6A.3.22A and 6A.3.22B inserted

56Amendment of licence

57New Division 6A inserted in Part 3 of Chapter 6A

58Unclaimed prizes

59Returns to players

60Heading to Part 6 of Chapter 6A substituted

61New Part 7 of Chapter 6A inserted

62Meaning of interactive game

63Functions of Commission

64New section 10.1A.3 inserted

65Definitions for Part 2A of Chapter 10

66Application of Division 1 of Part 4 of Chapter 10

67Commission may require further information etc.

68Investigation of registrations of interest and applications for wagering and betting licence

69Heading to Division 1C of Part 4 of Chapter 10 amended

70Definitions for Division 1C of Part 4 of Chapter 10

71Heading to Division 1D of Part 4 of Chapter 10 amended

72Definition for Division 1D of Part 4 of Chapter 10

73Responsibilities of inspectors while on duty

74New section 10.5.14B inserted

75Definition for Division 2 of Part 6 of Chapter 10

76Definitions for Part 7 of Chapter 10

77Schedule 1 (Subject matter for regulations) amended

78Schedule 7 (Transitional provisions) amended

79References to keno licence and licensee

80References to keno games

Part 5—Amendment of Liquor Control Reform Act 1998

81Betting on licensed premises

Part 6—Amendment of Residential Tenancies Act 1997

82Residential rental agreements to be in standard form

83Grounds for entry of rented premises

84Notice for no specified reason

85Notice under periodic site agreement

86Repeal of Part

Part 7—Amendment of Residential Tenancies Amendment Act 2018

Division 1—Amendment of Residential Tenancies Amendment Act 2018

87Definitions

88Section 26A amended

89New section 70B inserted

90Sections 71 and 75 amended

91New sections 94AB, 94ABA, 94AC, 94AD, 94AE and 94AF inserted

92New sections 144AA, 144AB and 144AC inserted

93New section 206FA inserted

94New Division 9 of Part 2 inserted

95New Division 10 of Part 3 inserted

96New Division 9 of Part 4 inserted

97New Division 11 of Part 4A inserted

98Order of Tribunal

99New Part 10B inserted

100Service of documents

101Regulations

102Consequential amendments of Part 8

Division 2—Consequential amendment of Victorian Civil and Administrative Tribunal Act 1998

103New section 147A inserted

Part 8—Amendment of Rooming House Operators Act 2016

104Duration of licence

Part 12—Statute law revision

Division 1—Amendment of Conveyancers Act 2006

134Approval of auditors

135Courses of education for auditors

136Statute law revision

Division 2—Amendment of Estate Agents Act 1980

137Definitions

138Estate Agents Council

Part 13—Repeal of this Act

139Repeal of this Act

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Endnotes

1      General information

Consumer and Other Acts Miscellaneous Amendments Act 2021

No. 1 of 2021

[Assented to 9 February 2021]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The purposes of this Act are—

(a)to amend the Associations Incorporation Reform Act 2012—

(i)to clarify the annual financial reporting requirements for tier two incorporated associations; and

(ii)to update references to Chartered Accountants Australia and New Zealand; and

(b)to amend the Australian Consumer Law and Fair Trading Act 2012 to amend the definition of Intergovernmental Agreement to refer to the Intergovernmental Agreement as in force from time to time; and

(c)to amend the Gambling Regulation Act 2003 in relation to wagering and betting, keno and the monitoring licence; and

(d)to amend the Liquor Control Reform Act 1998 in relation to betting on licensed premises; and

(e)to amend the Residential Tenancies Act 1997—

(i)to provide for periodic residential rental agreements in writing to be in the prescribed standard form; and

(ii)to provide that certain notices to vacate cannot be issued if a caravan park or Part 4A site is to be closed; and

(iii)to change the repeal of Part 16 of that Act to 26 September 2020; and

(f)to amend the Residential Tenancies Amendment Act 2018 to make further amendments and to clarify the operation of various amendments in that Act; and

(g)to amend the Victorian Civil and Administrative Tribunal Act 1998 as a consequence of the enactment of the Residential Tenancies Amendment Act 2018; and

(h)to amend the Rooming House Operators Act 2016 to clarify the duration of a rooming house operator's licence in respect of which an application for renewal has been made; and

(l)to make statute law revision amendments to consumer Acts.

2Commencement

(1)Subject to subsection (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 operation before 1 June 2021, it comes into operation on that day.

Part 2—Amendment of Associations Incorporation Reform Act 2012

3Review of financial statements

For section 96(1)(a)(ii) of the Associations Incorporation Reform Act 2012 substitute—

"(ii)Chartered Accountants Australia and New Zealand; or".

4Audit of financial statements

For section 99(2)(c)(ii) of the Associations Incorporation Reform Act 2012 substitute—

"(ii)Chartered Accountants Australia and New Zealand; or".

5Lodgement of annual statement with Registrar

For section 102(4)(b) of the Associations Incorporation Reform Act 2012 substitute—

"(b)a copy of either—

(i)the report of the review of the financial statements provided in accordance with section 96(2)(b); or

(ii)the report of the audit of the financial statements carried out in accordance with section 96(5).".

Part 3—Amendment of Australian Consumer Law and Fair Trading Act 2012

6Definitions

In section 6(1) of the Australian Consumer Law and Fair Trading Act 2012, in the definition of Intergovernmental Agreement—

(a)omit "made on 2 July 2009";

(b)for "for the time being;" substitute "from time to time;".

7Statute law revision

In section 23(1) of the Australian Consumer Law and Fair Trading Act 2012, for "order" substitute "Order".

Part 4—Amendment of Gambling Regulation Act 2003

8Purpose, objectives and outline

For section 1.1(3)(e) of the Gambling Regulation Act 2003 substitute—

"(e)provides for the conduct under licence of keno games;".

9Definitions for Act

(1)In section 1.3(1) of the Gambling Regulation Act 2003—

(a)insert the following definition—

"approved keno game means a keno game approved by the Minister under section 6A.2A.1;";

(b)the definitions of club keno game and club keno system are repealed;

(c)in the definition of gambling industry participant, for paragraph (e) substitute—

"(e)a keno licensee; or";

(d)for the definition of keno game substitute—

"keno game means a game—

(a)that is a rapid draw lottery that meets the prescribed minimum frequency of draws (if any); and

(b)the outcome of which is determined by a random number generator that draws—

(i)a number from a set of numbers; or

(ii)a set of numbers from a larger set of numbers; and

(c)that is not conducted on a totalisator; and

(d)the results of which are not based on the outcome of a live event; and

(e)that meets any other prescribed requirements—

but does not include a game that is prescribed not to be a keno game;";

(e)in the definition of keno licence, for "the licence" substitute "a licence";

(f)in the definition of keno licensee, for "the keno licence" substitute "a keno licence";

(g)in the definition of keno system—

(i)for "keno games" (where first occurring) substitute "approved keno games";

(ii)for "keno games" (where secondly occurring) substitute "approved keno games, but not including a personal electronic device used to purchase a ticket directly from a keno licensee online";

(h)in the definition of key operative, for paragraph (ca) substitute—

"(ca)a keno licensee;";

(i)in the definition of Secretary, after "Justice" insert "and Community Safety".

(2)In section 1.3(1) of the Gambling Regulation Act 2003, in the definition of relevant applicant, invitee or registrant—

(a)after paragraph (a) insert—

"(ab)a person the Minister has invited to apply for the wagering and betting licence but that has not applied for the wagering and betting licence under section 4.3A.5; or

(ac)a person the Minister has invited to apply for a keno licence but that has not applied for a keno licence under section 6A.3.5; or";

(b)after paragraph (b) insert—

"(ba)a person the Minister is considering to invite to apply for the wagering and betting licence under section 4.3A.3; or

(bb)a person the Minister is considering to invite to apply for a keno licence under section 6A.3.3; or";

(c)for paragraph (c) substitute—

"(c)a person who registers an interest in the grant of a public lottery licence; or";

(d)in paragraph (d), for "the keno licence" substitute "a keno licence".

10Procedure where place is entered under a warrant etc.

In section 2.5.40(2)(c)(i) and (e) of the Gambling Regulation Act 2003, after "oath" insert "or affirmation".

11Definitions for Division 4 of Part 4 of Chapter 3

In section 3.4.38 of the Gambling Regulation Act 2003—

(a)insert the following definitions—

"pending applicant means a person the Minister has invited to apply for the monitoring licence but that has not applied for the monitoring licence under section 3.4.42;

possible invitee means a person the Minister is considering inviting to apply for the monitoring licence.";

(b)for the definition of interested person substitute—

"interested person means—

(a)a possible invitee; or

(b)a pending applicant; or

(c)an applicant; or

(d)the monitoring licensee; or

(e)an associate of a person referred to in paragraph (a), (b), (c) or (d); or

(f)an officer, employee, agent or contractor of—

(i)a person referred to in paragraph (a), (b), (c) or (d); or

(ii)an associate of a person referred to in paragraph (a), (b), (c) or (d);";

(c)for the definition of licence awarding process substitute—

"licence awarding process means the following—

(a)the Minister's decision to invite a person to apply for the monitoring licence;

(b)the Minister's determination whether to grant or refuse an application for the monitoring licence;

(c)the preparation or making of a recommendation or report, or any other thing that may be or is required to be done under the Act, for the purpose of the Minister making a decision or determination referred to in paragraph (a) or (b);";

(d)in the definition of monitoring service provider, for "3.4.59LG." substitute "3.4.59LG;".

12Consent required for reports and investigations

In section 3.4.41A of the Gambling Regulation Act 2003—

(a)in subsection (1)—

(i)after "Division 1C" insert "or 1D";

(ii)in paragraph (a), for "or pending applicant" substitute ", pending applicant or applicant";

(iii)in paragraph (b)(ii), after "pending applicant" insert "or an applicant";

(b)subsection (2) is repealed.

13Section 3.4.45 substituted

For section 3.4.45 of the Gambling Regulation Act 2003 substitute—

"3.4.45   Prohibition on improper interference

(1)An interested person in relation to the monitoring licence must not improperly interfere with the preparation or making of a recommendation or report under this Act in relation to a possible invitee, pending applicant or applicant.

(2)If an interested person improperly interferes with the preparation or making of a recommendation or report under this Act in relation to a possible invitee, pending applicant or applicant, the Minister may refuse to consider, or consider further—

(a)whether to invite the possible invitee to apply for the monitoring licence; or

(b)an application for the monitoring licence made by the pending applicant or applicant.".

14Prohibition on lobbying in relation to grant of application

(1)In the heading to section 3.4.45A of the Gambling Regulation Act 2003 omit "in relation to grant of application".

(2)In section 3.4.45A(2) of the Gambling Regulation Act 2003, for "consider or to grant an application for the monitoring licence" substitute "invite a person to apply for the monitoring licence, to consider an application for the monitoring licence or to grant an application for the monitoring licence".

15Minister may create and allocate gaming machine entitlements

In section 3.4A.5(9)(ba) of the Gambling Regulation Act 2003, for '"(i) whether' substitute "(i) whether".

16Gaming licence

(1)In section 4.3.2(a) of the Gambling Regulation Act 2003, for "Chapter 3; and" substitute "Chapter 3.".

(2)Section 4.3.2(b) of the Gambling Regulation Act 2003 is repealed.

17Definitions for Part 3A of Chapter 4

In section 4.3A.1AA of the Gambling Regulation Act 2003—

(a)insert the following definitions—

"pending applicant means a person the Minister has invited to apply for the wagering and betting licence but that has not applied for the wagering and betting licence under section 4.3A.5;

possible invitee means a person the Minister is considering inviting to apply for the wagering and betting licence.";

(b)for the definition of interested person substitute—

"interested person means—

(a)a possible invitee; or

(b)a pending applicant; or

(c)an applicant; or

(d)the wagering and betting licensee; or

(e)an associate of a person referred to in paragraph (a), (b), (c) or (d); or

(f)an officer, employee, agent or contractor of—

(i)a person referred to in paragraph (a), (b), (c) or (d); or

(ii)an associate of a person referred to in paragraph (a), (b), (c) or (d);";

(c)for the definition of licence awarding process substitute—

"licence awarding process means the following—

(a)the Minister's decision to invite a person to apply for the wagering and betting licence;

(b)the Minister's determination whether to grant or refuse an application for the wagering and betting licence;

(c)the preparation or making of a recommendation or report, or any other thing that may be or is required to be done under the Act, for the purpose of the Minister making a decision or determination referred to in paragraph (a) or (b);";

(d)the definition of registrant is repealed.

18Sections 4.3A.3 and 4.3A.4 substituted

For sections 4.3A.3 and 4.3A.4 of the Gambling Regulation Act 2003 substitute—

"4.3A.3   Minister may invite applications

(1)The Minister may invite a person that is a body corporate but not a prohibited person to apply for the wagering and betting licence.

(2)The Minister may take into account any other matter in deciding whether to invite a person to apply for the wagering and betting licence.

(3)In this section—

prohibited person means—

(a)a licensed racing club; or

(b)Racing Products; or

(c)Racing Victoria; or

(d)VicRacing; or

(e)a body corporate—

(i)in which any share is held by or on behalf of an entity referred to in paragraph (a), (b), (c) or (d); or

(ii)of which an entity referred to in paragraph (a), (b), (c) or (d) is a member.

4.3A.4Secretary may report on suitability of persons Minister is considering to invite to apply for wagering and betting licence

(1)If requested by the Minister, the Secretary must give a written report to the Minister in relation to a person the Minister is considering inviting to apply for the wagering and betting licence.

(2)A report may include any recommendations the Secretary thinks fit.

(3)The report must include the reasons for any findings or recommendations contained in it.

4.3A.4AConsent required for reports and investigation

For the purpose of preparing a report under section 4.3A.4 or 4.3A.6 to give to the Minister and for investigations and inquiries to be carried out under Division 1C or 1D of Part 4 of Chapter 10 for the purpose of preparing a report under section 4.3A.4 or 4.3A.6, the Secretary must obtain the written consent of—

(a)a possible invitee, pending applicant or applicant; and

(b)any other person the Secretary considers relevant to the consideration by the Minister of whether—

(i)to invite a possible invitee to apply for the wagering and betting licence; or

(ii)a pending applicant or an applicant should be granted the wagering and betting licence under this Division.".

19Application for wagering and betting licence

(1)In section 4.3A.5(1) of the Gambling Regulation Act 2003—

(a)for "section 4.3A.3(7) to apply for a wagering and betting licence" substitute "section 4.3A.3(1) to apply for the wagering and betting licence";

(b)in paragraph (b)(i), for "a wagering and betting licence" substitute "the wagering and betting licence".

(2)For the note at the foot of section 4.3A.5 of the Gambling Regulation Act 2003 substitute—

"Note

Division 1D of Part 4 of Chapter 10 provides for the investigation of an application for the wagering and betting licence.".

20Determination of applications

Section 4.3A.7(2)(a)(ix) of the Gambling Regulation Act 2003 is repealed.

21Section 4.3A.7A substituted

For section 4.3A.7A of the Gambling Regulation Act 2003 substitute—

"4.3A.7A   Prohibition on improper interference

(1)An interested person in relation to the wagering and betting licence must not improperly interfere with the preparation or making of a recommendation or report under this Act in relation to a possible invitee, pending applicant or applicant.

(2)If an interested person improperly interferes with the preparation or making of a recommendation or report under this Act in relation to a possible invitee, pending applicant or applicant, the Minister may refuse to consider, or consider further—

(a)whether to invite the possible invitee to apply for the wagering and betting licence; or

(b)an application made by the pending applicant or applicant.".

22Prohibition on lobbying in relation to grant of application

(1)In the heading to section 4.3A.7B of the Gambling Regulation Act 2003 omit "in relation to grant of application".

(2)In section 4.3A.7B(2) of the Gambling Regulation Act 2003, for "consider a registration of interest or an application for the wagering and betting licence, or to grant an application for the wagering and betting licence" substitute "invite a person to apply for the wagering and betting licence, to consider an application for the wagering and betting licence or to grant an application for the wagering and betting licence".

23Definitions for Division 7 of Part 3A of Chapter 4

In section 4.3A.35 of the Gambling Regulation Act 2003—

(a)in the definition of interested person—

(i)paragraph (b) is repealed;

(ii)in paragraph (c), omit "or registrant";

(iii)in paragraph (d), for "applicant or registrant;" substitute "applicant.";

(b)the definitions of registrant and registration of interest are repealed.

24Secretary may require further information

In section 4.3A.36(1)(a) and (b), (2) and (3)(b) of the Gambling Regulation Act 2003 omit "or registration of interest".

25Updating information provided to Secretary

For section 4.3A.37(1)(b) of the Gambling Regulation Act 2003 substitute—

"(b)a change occurs in that information before the application is granted or refused—".

26Updating information provided to Minister

(1)In the heading to section 4.3A.38 of the Gambling Regulation Act 2003 omit "registration of interest or".

(2)In section 4.3A.38 of the Gambling Regulation Act 2003—

(a)subsection (1) is repealed;

(b)in subsection (3), for "subsection (1) or (2)" substitute "subsection (2)";

(c)in subsection (4)—

(i)for "subsection (1) or (2)" substitute "subsection (2)";

(ii)for "registration of interest or application (as the case requires)" substitute "application";

(d)in subsection (5), for "registration of interest or application, for the purposes of the application of subsection (1) or (2)" substitute "application, for the purposes of the application of subsection (2)";

(e)In subsection (6) the definition of relevant registration information is repealed.

27Directions to provide information

In section 4.3A.39A of the Gambling Regulation Act 2003—

(a)for subsection (3)(a) substitute—

"(a)persons whom the Minister is considering to invite to apply for the wagering and betting licence";

(b)after subsection (3)(a) insert—

"(ab)persons who are invited to apply for the wagering and betting licence under this Part;".

28Events and betting competitions that cannot be approved under Part 5 of Chapter 4

In section 4.5.2(b) of the Gambling Regulation Act 2003, for "club keno" substitute "keno".

29Licensee to pay charge

In section 4.6.7(2) of the Gambling Regulation Act 2003, for ", approved betting competitions and club keno games" substitute "and approved betting competitions".

30Which public lotteries can be licensed?

In section 5.3.2(2)(c) of the Gambling Regulation Act 2003, for "club keno" substitute "keno".

31Repeal of Chapter 6 (Club keno)

Chapter 6 of the Gambling Regulation Act 2003 is repealed.

32Definitions for Chapter 6A

(1)In section 6A.1.2(1) of the Gambling Regulation Act 2003—

(a)insert the following definition—

"amount received by a keno licensee, in relation to an approved keno game, includes entries in the approved keno game for which payment was not received by the keno licensee;";

(b)the definition of amount received by the keno licensee is repealed;

(c)in the definition of keno revenue, for "the keno licensee for keno games" substitute "a keno licensee for approved keno games";

(d)for the definition of keno venue substitute—

"keno venue means premises under the control of a keno licensee or sales agent of a keno licensee where tickets for an approved keno game conducted by the licensee are sold.".

(2)In section 6A.1.2(2) of the Gambling Regulation Act 2003, for "keno games" substitute "approved keno games".

33Heading to Division 1 of Part 2 of Chapter 6A amended

In the heading to Division 1 of Part 2 of Chapter 6A of the Gambling Regulation Act 2003, before "keno" insert "approved".

34Keno games conducted under this Chapter are lawful

(1)In the heading to section 6A.2.1 of the Gambling Regulation Act 2003, for "Keno games" substitute "Approved keno games".

(2)In section 6A.2.1 of the Gambling Regulation Act 2003, for "A keno game" substitute "An approved keno game".

35Keno not subject to Chapter 3

(1)In the heading to section 6A.2.2 of the Gambling Regulation Act 2003, for "Keno" substitute "Approved keno games".

(2)In section 6A.2.2 of the Gambling Regulation Act 2003, for "A keno game" substitute "An approved keno game".

36Heading to Division 2 of Part 2 of Chapter 6A amended

In the heading to Division 2 of Part 2 of Chapter 6A of the Gambling Regulation Act 2003, before "keno" insert "approved".

37Agents of licensee

In section 6A.2.4 of the Gambling Regulation Act 2003—

(a)in subsection (1), for "the keno licensee" substitute "a keno licensee";

(b)in subsection (2)—

(i)for "The keno licensee" substitute "A keno licensee";

(ii)for "keno games" substitute "approved keno games";

(c)in subsection (3)—

(i)for "The keno licensee must" substitute "A keno licensee must";

(ii)in paragraphs (a)(ii) and (b), for "keno games" substitute "approved keno games";

(d)in subsection (4), for "The keno licensee" substitute "A keno licensee".

38Termination of certain agent agreements

In section 6A.2.4A of the Gambling Regulation Act 2003—

(a)in subsection (1)—

(i)in paragraph (b), for "the keno licensee's" substitute "a keno licensee's";

(ii)in paragraphs (c) and (d), for "the keno licensee, played a keno game at the place where they sell tickets on keno games on behalf of the licensee" substitute "a keno licensee, played an approved keno game at the place where the agent sells tickets on approved keno games on behalf of the licensee";

(b)in subsection (2), for "the keno licensee" substitute "a keno licensee";

(c)in subsection (3), for "The keno licensee" substitute "A keno licensee";

(d)in subsections (4), (5) and (6), for "the keno licensee" (wherever occurring) substitute "a keno licensee".

39Approval of keno system

In section 6A.2.5(1) and (2) of the Gambling Regulation Act 2003, for "The keno licensee must not conduct a keno game" substitute "A keno licensee must not conduct an approved keno game".

40Security of certain equipment

In section 6A.2.6 of the Gambling Regulation Act 2003—

(a)in subsection (1), for "The keno licensee" substitute "A keno licensee";

(b)in subsection (2), for "keno games" substitute "approved keno games".

41Keno rules

In section 6A.2.11 of the Gambling Regulation Act 2003—

(a)in subsection (1)—

(i)for "The keno licensee" substitute "A keno licensee";

(ii)for "keno games" substitute "approved keno games";

(b)in subsection (2)—

(i)for "The keno licensee must not conduct a keno game" substitute "A keno licensee must not conduct an approved keno game";

(ii)in paragraph (a), for "keno games" substitute "approved keno games";

(iii)in paragraph (b), for "keno game" substitute "approved keno game";

(c)in subsection (3), for "a keno game" (wherever occurring) substitute "an approved keno game";

(d)in subsection (4), for "keno games" substitute "approved keno games";

(e)in subsection (5)—

(i)for "keno games" substitute "approved keno games";

(ii)for "a keno game" substitute "an approved keno game".

42Disallowance of keno rules

In section 6A.2.14 of the Gambling Regulation Act 2003—

(a)in subsection (1), for "the keno licensee" substitute "a keno licensee";

(b)in subsection (3)(b)—

(i)for "keno game" substitute "approved keno game";

(ii)for "keno games" substitute "approved keno games".

43Heading to Part 2A of Chapter 6A substituted

For the heading to Part 2A of Chapter 6A of the Gambling Regulation Act 2003 substitute—

"Part 2A—Approval of keno games".

44Approval of keno games for betting purposes

For section 6A.2A.1(1) of the Gambling Regulation Act 2003 substitute—

"(1)Subject to subsection (1A), the Minister, by instrument, may approve a keno game.

(1A)The Minister must not approve a keno game if—

(a)in the Minister's opinion, the keno game is offensive or contrary to the public interest; or

(b)the keno game is a keno game, or a keno game of a class, that is prohibited by a harm minimisation direction under Part 7.".

45Definitions for Part 3 of Chapter 6A

In section 6A.3.1AA of the Gambling Regulation Act 2003—

(a)insert the following definitions—

"pending applicant means a person the Minister has invited to apply for a keno licence but that has not applied for that licence under section 6A.3.5;

possible invitee means a person the Minister is considering inviting to apply for a keno licence.";

(b)in the definition of applicant, for "the keno licence" substitute "a keno licence";

(c)for the definition of interested person substitute—

"interested person means—

(a)a possible invitee; or

(b)a pending applicant; or

(c)an applicant; or

(d)a keno licensee; or

(e)an associate of a person referred to in paragraph (a), (b), (c) or (d); or

(f)an officer, employee, agent or contractor of—

(i)a person referred to in paragraph (a), (b), (c) or (d); or

(ii)an associate of a person referred to in paragraph (a), (b), (c) or (d);";

(d)for the definition of licence awarding process substitute—

"licence awarding process means the following—

(a)the Minister's decision to invite a person to apply for a keno licence;

(b)the Minister's determination whether to grant or refuse an application for a keno licence;

(c)the preparation or making of a recommendation or report, or any other thing that may be or is required to be done under the Act, for the purpose of the Minister making a decision or determination referred to in paragraph (a) or (b);";

(e)in the definition of lobbying activity, in paragraph (b), for "the keno licence" (where first occurring) substitute "a keno licence";

(f)in the definition of lobbyist, in paragraph (b), for "client." substitute "client;".

46Authority of keno licence

In section 6A.3.1 of the Gambling Regulation Act 2003, for "the keno licensee to conduct keno games" substitute "a keno licensee to conduct the approved keno games in respect of the licence".

47Section 6A.3.2 substituted

For section 6A.3.2 of the Gambling Regulation Act 2003 substitute—

"6A.3.2   Minister determines number of keno licences

The Minister is to determine from time to time the number of keno licences that may be issued.".

48Consent required for reports and investigation

In section 6A.3.4A of the Gambling Regulation Act 2003—

(a)in subsection (1)—

(i)after "Division 1C" insert "or 1D";

(ii)in paragraph (a), for "or pending applicant" substitute ", pending applicant or applicant";

(iii)in paragraph (b)(i), for "the keno licence" substitute "a keno licence";

(iv)for paragraph (b)(ii) substitute—

"(ii)a pending applicant or an applicant should be granted a keno licence under this Division.";

(b)subsection (2) is repealed.

49Section 6A.3.7A substituted

For section 6A.3.7A of the Gambling Regulation Act 2003 substitute—

"6A.3.7A   Prohibition on improper interference

(1)An interested person in relation to a keno licence must not improperly interfere with the preparation or making of a recommendation or report under this Act in relation to a possible invitee, pending applicant or applicant.

(2)If an interested person improperly interferes with the preparation or making of a recommendation or report under this Act in relation to a possible invitee, pending applicant or applicant, the Minister may refuse to consider, or consider further—

(a)whether to invite the possible invitee to apply for a keno licence; or

(b)an application for a keno licence made by the pending applicant or applicant.".

50Prohibition on lobbying in relation to grant of application

(1)In the heading to section 6A.3.7B of the Gambling Regulation Act 2003 omit "in relation to grant of application".

(2)In section 6A.3.7B(2) of the Gambling Regulation Act 2003, for "consider an application for the keno licence, or to grant an application for the keno licence" substitute "invite a person to apply for a keno licence, to consider an application for a keno licence or to grant an application for a keno licence".

51Issue of licence

For section 6A.3.8(2) of the Gambling Regulation Act 2003 substitute—

"(2)A keno licence cannot be issued under this section that has effect, otherwise than as provided by section 6A.3.12, at any time while the keno licence in effect immediately before the commencement of section 47 of the Consumer and Other Acts Miscellaneous Amendments Act 2021 is in force.".

52Duration of licence

For section 6A.3.11(1)(b) of the Gambling Regulation Act 2003 substitute—

"(b)is valid for the term specified in the licence, unless terminated earlier in accordance with this Chapter or extended under section 6A.3.11A.".

53New section 6A.3.11AA inserted

After section 6A.3.11 of the Gambling Regulation Act 2003 insert—

"6A.3.11AA   Exclusivity period for licence

(1)When issuing a keno licence, the Minister may specify one or more periods of time as the exclusivity period for the licence.

(2)If an exclusivity period is specified for one or more keno licences, no new keno licence can be issued that has effect, otherwise than as provided by section 6A.3.12, at any time during the exclusivity period.".

54Engaging contractors and appointing agents to assist with keno games

(1)In the heading to section 6A.3.15 of the Gambling Regulation Act 2003, for "keno games" substitute "approved keno games".

(2)In section 6A.3.15 of the Gambling Regulation Act 2003—

(a)in subsection (1), for "keno games" substitute "approved keno games".

(b)in subsection (2), for "the keno licensee" substitute "a keno licensee".

55New sections 6A.3.22A and 6A.3.22B inserted

After section 6A.3.22 of the Gambling Regulation Act 2003 insert—

"6A.3.22A   Notification of other affected licensees

(1)The Minister may require a keno licensee who requests a licence amendment to notify in writing the licensee of any other keno licence that, in the Minister's opinion, may be adversely affected if the amendment is made.

(2)Notification under subsection (1)—

(a)must be in the form and contain the information required by the Minister; and

(b)must include the reasons for the requested amendment; and

(c)must inform the licensee to whom it is given of their right to object to the requested amendment.

(3)If a requirement made by this section is not complied with, the Minister may refuse to consider the request for amendment.

6A.3.22BObjection by other licensees

(1)A keno licensee who receives notice under section 6A.3.22A may lodge a written objection with the Minister.

(2)The objection must be lodged within 28 days after receiving the notice.".

56Amendment of licence

(1)In section 6A.3.23 of the Gambling Regulation Act 2003—

(a)in subsection (1), after "licensee" insert "and to any keno licensee who lodged an objection under section 6A.3.22B";

(b)in subsections (1A) and (1B), for "the keno licence" substitute "a keno licence";

(c)in subsection (2), after "Minister" insert "must have regard to any objections lodged under section 6A.3.22B, and".

57New Division 6A inserted in Part 3 of Chapter 6A

After section 6A.3.34B of the Gambling Regulation Act 2003 insert—

"Division 6A—Requirements in relation to registered players

6A.3.34CDefinitions

In this Division—

keno funds means all money standing to the credit of a registered player in an account with the keno licensee with whom they are registered that is operated for the purpose of enabling the registered player to purchase a ticket in an approved keno game directly from the licensee;

registered player means a person registered with a keno licensee—

(a)who may purchase a ticket in an approved keno game directly from the licensee; and

(b)who, as a requirement of that registration, has an account with the licensee for the purpose of enabling the registered player to purchase a ticket in an approved keno game directly from the licensee.

6A.3.34DVerification of registered player's identity

A keno licensee must ensure that a registered player's identity is verified in accordance with the conditions of the licensee's keno licence.

Penalty:600 penalty units.

6A.3.34EKeno funds of registered players

(1)A keno licensee must hold all keno funds of a registered player on trust for that registered player.

Penalty:60 penalty units.

(2)A keno licensee must not disburse or otherwise deal with keno funds of a registered player held on trust except—

(a)as authorised under this Act; or

(b)as authorised under an agreement between the keno licensee and the registered player; or

(c)as the Commission authorises by notice in writing from time to time.

Penalty:60 penalty units.

(3)A keno licensee may, in accordance with the keno rules of the licensee, debit from the keno funds of a registered player the amount of a ticket in an approved keno game purchased directly from the licensee.

(4)A keno licensee must remit any funds to a registered player under a request made under subsection (5).

(5)A registered player, or an authorised representative of the registered player, may request a keno licensee to remit any keno funds of the registered player held by the licensee.

(6)A keno licensee must comply with a request made under subsection (5) within one business day after the request is received.

Penalty:60 penalty units.

(7)Subsections (4), (5) and (6) apply only after the registered player's identity has been verified under section 6A.3.34D and apply subject to any applicable laws of the Commonwealth.

(8)If a keno licensee has not recorded on behalf of a registered player for a period of 2 years a ticket purchased using keno funds, the licensee must—

(a)remit to the registered player any keno funds held on trust for the player; or

(b)if the registered player cannot be found, deal with the funds as unclaimed money under the Unclaimed Money Act 2008.

6A.3.34FDisclosure of names of registered players

On the written request of the Commission, a keno licensee must provide the Commission with a list of all the licensee's registered players.".

58Unclaimed prizes

In section 6A.3.39D of the Gambling Regulation Act 2003—

(a)in subsection (1), for "the keno licensee" (where first occurring) substitute "a keno licensee";

(b)in subsection (2)—

(i)for "a keno game" substitute "an approved keno game";

(ii)for "one keno game" substitute "one approved keno game".

59Returns to players

In section 6A.4.1 of the Gambling Regulation Act 2003—

(a)in subsection (1), for "The keno licensee" substitute "A keno licensee";

(b)in subsection (2)—

(i)for "The keno licensee" substitute "A keno licensee";

(ii)in paragraph (a), for "keno game" substitute "approved keno game".

(c)in subsection (2A)—

(i)for "The keno licensee" substitute "A keno licensee";

(ii)for "keno games" (where twice occurring) substitute "approved keno games";

(d)in subsection (2B), for "the keno licensee" substitute "a keno licensee".

60Heading to Part 6 of Chapter 6A substituted

For the heading to Part 6 of Chapter 6A of the Gambling Regulation Act 2003 substitute—

"Part 6—Competition authorisations".

61New Part 7 of Chapter 6A inserted

After Part 6 of Chapter 6A of the Gambling Regulation Act 2003 insert—

"Part 7—Harm minimisation directions—keno game providers

6A.7.1Definitions

In this Part—

harm minimisation direction means a direction made or varied under section 6A.7.2;

harm minimisation requirement means a matter under section 6A.7.3 that may be specified in a harm minimisation direction;

keno game provider means—

(a)a keno licensee; or

(b)a person authorised or permitted to conduct a keno game, in Victoria or elsewhere, under a licence, other than a keno licence, issued under this or another Act; or

(c)a person authorised or permitted to conduct a keno game, in Victoria or elsewhere, under the law of another State or a Territory; or

(d)an employee or agent of a person mentioned in paragraph (a), (b) or (c).

6A.7.2Harm minimisation direction

(1)The Minister, by notice published in the Government Gazette, may direct a keno game provider to meet a specified harm minimisation requirement in relation to keno games offered to persons located in Victoria.

(2)The Minister must not give a direction under subsection (1) unless the Minister is satisfied it is in the public interest to do so.

(3)The Minister, by notice published in the Government Gazette, may vary or revoke a direction.

(4)Subject to subsection (5), a direction or a variation or revocation of a direction takes effect on the day notice of the direction, variation or revocation is published in the Government Gazette or on any later day specified in the direction.

(5)A direction that prohibits the conduct of a keno game or keno games of a class, or a variation of such a direction, cannot take effect earlier than 30 days after the day notice of the direction or variation is published in the Government Gazette.

(6)A direction remains in force until it is revoked by the Minister.

6A.7.3Harm minimisation requirement matters

(1)A harm minimisation direction may specify all or any of the following matters in relation to a keno game provider—

(a)any matter that the keno game provider must comply with in relation to the minimisation of harm or consumer protection;

(b)how the keno game provider must comply with any matter in relation to the minimisation of harm or consumer protection;

(c)that the keno game provider must comply with the whole or part of the requirements set out in a prescribed document;

(d)how the keno game provider must meet any of the requirements set out in a prescribed document.

(2)Without limiting subsection (1) or section 6A.7.2, a harm minimisation direction may prohibit the conduct of a keno game or keno games of a class.

(3)A harm minimisation direction may—

(a)apply generally or be of limited application; and

(b)apply differently according to differences in time, place or circumstances; and

(c)exempt a keno game provider or class of keno game provider, or keno game or class of keno game, from any requirement of the direction.

6A.7.4Tabling and disallowance

(1)The Minister must ensure that a harm minimisation direction or a variation or revocation of a harm minimisation direction is tabled in each House of Parliament within 6 sitting days of that House after—

(a)the date on which the notice of the harm minimisation direction is published in the Government Gazette under section 6A.7.2(1); or

(b)the date on which notice of the variation or revocation is published in the Government Gazette under section 6A.7.2(3).

(2)A harm minimisation direction or a variation or revocation of a harm minimisation direction may be disallowed by the Parliament.

(3)If a harm minimisation direction or a variation or revocation of a direction is disallowed by the Parliament, no direction, variation or revocation of a direction which is the same in substance as the disallowed direction, variation or revocation of a direction may be made within 6 months after the date of the disallowance unless it is made with the approval of the Parliament.

(4)Any harm minimisation direction or variation or revocation of a direction made in contravention of subsection (3) is void and of no effect.

6A.7.5Act prevails over harm minimisation direction

A harm minimisation direction is of no effect to the extent that it is inconsistent with this Act.

6A.7.6Offence to not comply with a harm minimisation direction

A keno game provider must comply with a harm minimisation direction that applies to the keno game provider.

Penalty:60 penalty units.".

62Meaning of interactive game

In section 7.1.3(2) of the Gambling Regulation Act 2003—

(a)paragraph (e) is repealed;

(b)in paragraph (ea), for "a keno game" substitute "an approved keno game".

63Functions of Commission

In section 10.1.4(2)(f) of the Gambling Regulation Act 2003, for "club keno" substitute "keno".

64New section 10.1A.3 inserted

After section 10.1A.2 of the Gambling Regulation Act 2003 insert—

"10.1A.3   Delegation of certain reporting functions of Secretary

(1)The Secretary, by instrument, may delegate a function under any of the following provisions to an executive within the meaning of the Public Administration Act 2004 who is employed in a role of Deputy Secretary or equivalent—

(a)section 4.3A.4;

(b)section 4.3A.4A;

(c)section 4.3A.6;

(d)section 6A.3.4;

(e)section 6A.3.4A;

(f)section 6A.3.6.

(2)A person to whom a function is delegated under subsection (1) has all the functions of the Secretary under Division 1C and 1D of Part 4 that are necessary for the performance of the function delegated.".

65Definitions for Part 2A of Chapter 10

In section 10.2A.1 of the Gambling Regulation Act 2003, in the definition of regulatory review, for "club keno" substitute "keno".

66Application of Division 1 of Part 4 of Chapter 10

In section 10.4.1(a) of the Gambling Regulation Act 2003, for "a monitoring licence, a wagering and betting licence" substitute "the monitoring licence, the wagering and betting licence".

67Commission may require further information etc.

Section 10.4.5(3)(j) of the Gambling Regulation Act 2003, is repealed.

68Investigation of registrations of interest and applications for wagering and betting licence

Division 1A of Part 4 of Chapter 10 of the Gambling Regulation Act 2003 is repealed.

69Heading to Division 1C of Part 4 of Chapter 10 amended

In the heading to Division 1C of Part 4 of Chapter 10 of the Gambling Regulation Act 2003, for "keno licence or monitoring licence" substitute "monitoring licence, wagering and betting licence or keno licence".

70Definitions for Division 1C of Part 4 of Chapter 10

In section 10.4.7P of the Gambling Regulation Act 2003—

(a)in the definition of pending applicant, for "or section 6A.3.5" substitute ", 4.3A.5 or 6A.3.5";

(b)in the definition of relevant licence, for paragraph (b) substitute—

"(b)the wagering and betting licence; or

(c)a keno licence.".

71Heading to Division 1D of Part 4 of Chapter 10 amended

In the heading to Division 1D of Part 4 of Chapter 10 of the Gambling Regulation Act 2003, for "keno licence or monitoring licence" substitute "monitoring licence, wagering and betting licence or keno licence".

72Definition for Division 1D of Part 4 of Chapter 10

In section 10.4.7Y of the Gambling Regulation Act 2003, for the definition of relevant licence substitute—

"relevant licence means—

(a)the monitoring licence; or

(b)the wagering and betting licence; or

(c)a keno licence.".

73Responsibilities of inspectors while on duty

In section 10.5.5(c) of the Gambling Regulation Act 2003, for "club keno" substitute "keno".

74New section 10.5.14B inserted

After section 10.5.14A of the Gambling Regulation Act 2003 insert—

"10.5.14B   Application of Division to personal electronic devices

Nothing in this Division authorises or permits an inspector to—

(a)inspect or seize a personal electronic device that is or may be used to participate in gambling authorised by or under this Act or another Act; or

(b)require a person to answer questions or provide information in relation to any such device.".

75Definition for Division 2 of Part 6 of Chapter 10

In section 10.6.5 of the Gambling Regulation Act 2003, in the definition of relevant person—

(a)for paragraph (da) substitute—

"(da)a keno licensee.";

(b)in paragraph (h), for "licence;" substitute "licence.";

(c)paragraph (i) is repealed.

76Definitions for Part 7 of Chapter 10

In section 10.7.1(1) of the Gambling Regulation Act 2003—

(a)in the definition of allow a minor to gamble paragraphs (e) and (f) are repealed;

(b)in the definition of gamble paragraph (d) is repealed.

77Schedule 1 (Subject matter for regulations) amended

(1)In item 1.1 of Schedule 1 to the Gambling Regulation Act 2003, for "the keno licensee to conduct keno games" substitute "a keno licensee to conduct approved keno games".

(2)After item 1.2 of Schedule 1 to the Gambling Regulation Act 2003 insert—

"1.3Prescribing—

(a)the minimum frequency of draws for a game to be a keno game; and

(b)further requirements for a game to be a keno game; and

(c)a game not to be a keno game.".

78Schedule 7 (Transitional provisions) amended

After Part 35 of Schedule 7 to the Gambling Regulation Act 2003 insert—

"Part 36—Consumer and Other Acts Miscellaneous Amendments Act 2021

36.1Definition

In this Part—

amending Act means the Consumer and Other Acts Miscellaneous Amendments Act 2021.

36.2Approval of keno games for betting purposes

A keno game the approval of which was in force under section 6A.2A.1 immediately before the commencement of section 44 of the amending Act is taken on and after that commencement to be an approved keno game.

36.3Duration of existing keno licence

The amendment of section 6A.3.11 by section 52 of the amending Act does not apply to the keno licence that was in effect immediately before the commencement of section 47 of the amending Act.".

79References to keno licence and licensee

(1)In sections 6A.3.3(1) and (2), 6A.3.4(1), 6A.3.11A(3), 6A.3.13(2A) and (3), 6A.3.17(1), 6A.3.19(1), 6A.3.23A(1) and (2), 6A.3.30A(1)(b)(ii), 6A.3.39A(3) and 6A.3.39B(1) of the Gambling Regulation Act 2003, for "the keno licence" (wherever occurring) substitute "a keno licence".

(2)In sections 3.4.5(c)(vi), 3.4.61(1)(c)(iiic), 6A.1.3(1) and (2), 6A.2.7(1), 6A.3.10A(1), 6A.3.11A(1), 6A.3.13(1), 6A.3.30A(1)(a) and (b)(i), 6A.3.39A(1), 6A.3.39B(1) and 10.4.11(7) (in paragraph (h) of the definition of regulated person) of the Gambling Regulation Act 2003, for "the keno licensee" substitute "a keno licensee".

(3)In sections 6A.1.3(3), 6A.2.6(1), 6A.2.9, 6A.2.10, 6A.2.13(1) and (2), 6A.3.10A(4) and (5), 6A.3.13A, 6A.3.22(1), 6A.3.24(1), 6A.4.3(1) and 6A.5.1(1) of the Gambling Regulation Act 2003, for "The keno licensee" substitute "A keno licensee".

80References to keno games

(1)In sections 6A.2.3(1), 6A.2.10, 6A.2.13(2), 6A.3.12(7) (in the definition of preparatory action) and 6A.3.39C(1) of the Gambling Regulation Act 2003, for "a keno game" (wherever occurring) substitute "an approved keno game".

(2)In sections 6A.2.6(2), 6A.2.7(1), 6A.2.8(a) and (b), 6A.2.9(a), 6A.2.13(1) and (2), 6A.4.3(2) and 6A.5.2(1) of the Gambling Regulation Act 2003, for "keno games" substitute "approved keno games".

Part 5—Amendment of Liquor Control Reform Act 1998

81Betting on licensed premises

In section 115(2) of the Liquor Control Reform Act 1998—

(a)for paragraph (b) substitute—

"(b)if—

(i)a gaming machine is on the premises in accordance with Chapter 3 of the Gambling Regulation Act 2003; and

(ii)the betting is engaged in during the playing of a game on the gaming machine in accordance with that Chapter; or";

(b)in paragraph (ba)(i), after "2003" insert "or a keno licence under Chapter 6A of that Act".

Part 6—Amendment of Residential Tenancies Act 1997

82Residential rental agreements to be in standard form

After section 26(1A) of the Residential Tenancies Act 1997 insert—

"(1B)If a periodic residential rental agreement is in writing it must be in the prescribed standard form for a periodic residential rental agreement.".

83Grounds for entry of rented premises

In section 86(1)(g) of the Residential Tenancies Act 1997, for "233A(3)" substitute "233A(1)".

84Notice for no specified reason

For section 314(5) of the Residential Tenancies Act 1997 substitute—

"(5)Subsection (1) does not apply if the caravan park—

(a)is to be converted to a use other than a caravan park; or

(b)is to be closed.".

85Notice under periodic site agreement

After section 317ZG of the Residential Tenancies Act 1997 insert—

"(3)Subsection (1) does not apply if the Part 4A park is to be closed.".

86Repeal of Part

In section 615 of the Residential Tenancies Act 1997, for "the day that is 6 months after its commencement" substitute "26 September 2020".

Part 7—Amendment of Residential Tenancies Amendment Act 2018

Division 1—Amendment of Residential Tenancies Amendment Act 2018

87Definitions

(1)In section 5(1) of the Residential Tenancies Amendment Act 2018, in the proposed definition of standard form in section 3(1) of the Residential Tenancies Act 1997, for "26(1) or (1A)(b);" substitute "26(1), (1A)(b) or (1B);".

(2)In section 5(3)(l) of the Residential Tenancies Amendment Act 2018, in paragraph (a) of the proposed definition of temporary crisis accommodation in section 3(1) of the Residential Tenancies Act 1997, after "period" insert "(if any)".

88Section 26A amended

(1)In section 12(1) of the Residential Tenancies Amendment Act 2018, in the heading to proposed section 26A of the Residential Tenancies Act 1997—

(a)for "terms" substitute "term";

(b)omit "for fixed term of more than 5 years".

(2)In section 12(2) of the Residential Tenancies Amendment Act 2018, in proposed section 26A(1) of the Residential Tenancies Act 1997 omit "for a fixed term of more than 5 years" (where twice occurring).

(3)For section 12(3)(a) of the Residential Tenancies Amendment Act 2018 substitute—

'(a)for "tenancy agreement for a fixed term of more than 5 years" substitute "residential rental agreement";'.

89New section 70B inserted

(1)In section 60 of the Residential Tenancies Amendment Act 2018, in the heading to proposed section 70B of the Residential Tenancies Act 1997, after "91W(1)(b)" insert "and (1A)(b)".

(2)In section 60 of the Residential Tenancies Amendment Act 2018, in proposed section 70B(1) of the Residential Tenancies Act 1997, after "91W(1)(b)" insert "or (1A)(b)".

90Sections 71 and 75 amended

(1)In section 71(5) of the Residential Tenancies Amendment Act 2018, in proposed section 79(4) of the Residential Tenancies Act 1997, for "receipt of particulars of the costs of the repairs under subsection (3)." substitute "the repairs are completed.".

(2)In section 75(1)(e) of the Residential Tenancies Amendment Act 2018, for "233A(3)" substitute "233A(1)".

91New sections 94AB, 94ABA, 94AC, 94AD, 94AE and 94AF inserted

(1)In the heading to section 84 of the Residential Tenancies Amendment Act 2018, after "94AB," insert "94ABA,".

(2)In section 84 of the Residential Tenancies Amendment Act 2018, after proposed section 94AB of the Residential Tenancies Act 1997 insert—

"94ABA   Offence to include prohibited term in fixed term rooming house agreement

(1)A rooming house operator or resident must not prepare or authorise the preparation of a fixed term rooming house agreement that contains a term referred to in section 94AD.

Penalty:25 penalty units.

(2)If a fixed term rooming house agreement contains a prohibited term, that term is void and unenforceable.".

92New sections 144AA, 144AB and 144AC inserted

(1)In the heading to section 126 of the Residential Tenancies Amendment Act 2018, for "and 144AB" substitute ", 144AB and 144AC".

(2)In section 126 of the Residential Tenancies Amendment Act 2018, in proposed section 144AB(3) of the Residential Tenancies Act 1997, for 'tear.".' substitute "tear.".

(3)In section 126 of the Residential Tenancies Amendment Act 2018, after proposed section 144AB of the Residential Tenancies Act 1997 insert—

'144AC   Offence to include prohibited term in agreement under section 144

(1)A caravan park owner, caravan owner or resident must not prepare or authorise the preparation of an agreement under section 144 that contains a term referred to in section 144AA.

Penalty:25 penalty units.

(2)If an agreement under section 144 contains a prohibited term, that term is void and unenforceable.".'.

93New section 206FA inserted

(1)In the heading to section 181 of the Residential Tenancies Amendment Act 2018, for "section 206FA" substitute "sections 206FA and 206FB".

(2)In section 181 of the Residential Tenancies Amendment Act 2018, in the note at the foot of proposed section 206FA(2) of the Residential Tenancies Act 1997, for 'invalid.".' substitute "invalid.".

(3)In section 181 of the Residential Tenancies Amendment Act 2018, after proposed section 206FA of the Residential Tenancies Act 1997 insert—

'206FB   Offence to include prohibited term in site agreement

(1)A site owner or site tenant must not prepare or authorise the preparation of a site agreement that contains a term referred to in section 206FA.

Penalty:25 penalty units.

(2)If a site agreement contains a prohibited term, that term is void and unenforceable.".'.

94New Division 9 of Part 2 inserted

(1)In section 236 of the Residential Tenancies Amendment Act 2018, for proposed section 91W(1) of the Residential Tenancies Act 1997 substitute—

"(1)On an application under section 91V(1)(a), if satisfied as to the matters set out in subsection (1B), the Tribunal may make an order terminating the existing residential rental agreement.".

(2)In section 236 of the Residential Tenancies Amendment Act 2018, after proposed section 91W(1) of the Residential Tenancies Act 1997 insert—

"(1A)On an application under section 91V(1)(b), if satisfied as to the matters set out in subsection (2), the Tribunal may make an order—

(a)terminating the existing residential rental agreement; and

(b)requiring the residential rental provider to enter into a new residential rental agreement with the person and other persons (if any) referred to in the application.

(1B)For the purposes of subsection (1), the matters are—

(a)the specified person or that person's dependent children would be likely to suffer severe hardship if the residential rental agreement were not terminated; and

(b)the hardship suffered by the specified persons would be greater than any hardship the residential rental provider would suffer if the order were made; and

(c)if a renter of the rented premises is excluded from the rented premises under a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order, it is reasonable to do so given the length of the exclusion under the notice or order and the length of the existing residential rental agreement; and

(d)it is reasonable to do so given the interests of any other renters (other than any excluded renter) under the existing residential rental agreement and, in particular, whether the other renters support the specified person's application.".

(3)In section 236 of the Residential Tenancies Amendment Act 2018, in proposed section 91W(2) of the Residential Tenancies Act 1997, for "(1)" substitute "(1A)".

(4)In section 236 of the Residential Tenancies Amendment Act 2018, in proposed section 91W(4) of the Residential Tenancies Act 1997, for "(1)(b)" substitute "(1A)".

(5)In section 236 of the Residential Tenancies Amendment Act 2018, in proposed section 91W(5) of the Residential Tenancies Act 1997, for "(1)(a)" substitute "(1)".

(6)In section 236 of the Residential Tenancies Amendment Act 2018, in proposed section 91W(6) of the Residential Tenancies Act 1997, for "(1)(b)" substitute "(1A)".

(7)In section 236 of the Residential Tenancies Amendment Act 2018, in proposed section 91W(7) of the Residential Tenancies Act 1997, after "(1)" insert "or (1A)".

(8)In section 236 of the Residential Tenancies Amendment Act 2018, in proposed section 91X(1) of the Residential Tenancies Act 1997, after "91W(1)" insert "or (1A)".

(9)In section 236 of the Residential Tenancies Amendment Act 2018—

(a)in proposed section 91Y(4)(a) of the Residential Tenancies Act 1997—

(i)for "sections 91T(1) and" substitute "section";

(ii)after "91W(2)" insert ", in the case of an application under section 91V(1)(b)";

(b)after proposed section 91Y(4)(a) of the Residential Tenancies Act 1997 insert—

"(b)as to those matters set out in section 91W(1B), in the case of an application under section 91V(1)(a); and";

(c)in proposed section 91Y(4)(b) of the Residential Tenancies Act 1997, for "(b)" substitute "(c)".

95New Division 10 of Part 3 inserted

(1)In section 237 of the Residential Tenancies Amendment Act 2018, for proposed section 142T(1) of the Residential Tenancies Act 1997 substitute—

"(1)On an application under section 142S(1)(a), if satisfied as to the matters set out in subsection (1B), the Tribunal may make an order terminating the existing fixed term rooming house agreement or agreement under section 94(2).".

(2)In section 237 of the Residential Tenancies Amendment Act 2018, after proposed section 142T(1) of the Residential Tenancies Act 1997 insert—

"(1A)On an application under section 142S(1)(b), if satisfied as to the matters set out in subsection (2), the Tribunal may make an order—

(a)terminating the existing fixed term rooming house agreement or agreement under section 94(2); and

(b)requiring the rooming house operator to enter into a new fixed term rooming house agreement or agreement under section 94(2) with the person and other persons (if any) referred to in the application.

(1B)For the purposes of subsection (1), the matters are—

(a)the specified person or that person's dependent children would be likely to suffer severe hardship if the fixed term rooming house agreement or agreement under section 94(2) were not terminated; and

(b)the hardship suffered by the specified persons would be greater than any hardship the rooming house operator would suffer if the order were made; and

(c)if a resident of the rooming house is excluded from the rooming house under a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order, it is reasonable to do so given the length of the exclusion under the notice or order and the length of the existing fixed term rooming house agreement or agreement under section 94(2); and

(d)it is reasonable to do so given the interests of any other residents (other than any excluded resident) under the existing fixed term rooming house agreement or agreement under section 94(2) and, in particular, whether the other residents support the specified person's application.".

(3)In section 237 of the Residential Tenancies Amendment Act 2018, in proposed section 142T(2) of the Residential Tenancies Act 1997, for "(1)" substitute "(1A)".

(4)In section 237 of the Residential Tenancies Amendment Act 2018, in proposed section 142T(4) of the Residential Tenancies Act 1997, for "(1)(b)" substitute "(1A)".

(5)In section 237 of the Residential Tenancies Amendment Act 2018, in proposed section 142T(5) of the Residential Tenancies Act 1997, for "(1)(a)" substitute "(1)".

(6)In section 237 of the Residential Tenancies Amendment Act 2018, in proposed section 142T(6) of the Residential Tenancies Act 1997, for "(1)(b)" substitute "(1A)".

(7)In section 237 of the Residential Tenancies Amendment Act 2018, in proposed section 142T(7) of the Residential Tenancies Act 1997, after "(1)" insert "or (1A)".

(8)In section 237 of the Residential Tenancies Amendment Act 2018, in proposed section 142U(1) of the Residential Tenancies Act 1997, after "142T(1)" insert "or (1A)".

(9)In section 237 of the Residential Tenancies Amendment Act 2018—

(a)in proposed section 142V(4)(a) of the Residential Tenancies Act 1997, after "142T(2)" insert ", in the case of an application under section 142S(1)(b)";

(b)after proposed section 142V(4)(a) of the Residential Tenancies Act 1997 insert—

"(b)as to those matters set out in section 142T(1B), in the case of an application under section 142S(1)(a); and";

(c)in proposed section 142V(4)(b) of the Residential Tenancies Act 1997, for "(b)" substitute "(c)".

96New Division 9 of Part 4 inserted

(1)In section 238 of the Residential Tenancies Amendment Act 2018, for proposed section 206AH(1) of the Residential Tenancies Act 1997 substitute—

"(1)On an application under section 206AG(1)(a), if satisfied as to the matters set out in subsection (1B), the Tribunal may make an order terminating the existing agreement under section 144.".

(2)In section 238 of the Residential Tenancies Amendment Act 2018, after proposed section 206AH(1) of the Residential Tenancies Act 1997 insert—

"(1A)On an application under section 206AG(1)(b), if satisfied as to the matters set out in subsection (2), the Tribunal may make an order—

(a)terminating the existing agreement under section 144; and

(b)requiring the caravan park owner or caravan owner (as the case may be) to enter into a new agreement under section 144 with the person and other persons (if any) referred to in the application.

(1B)For the purposes of subsection (1), the matters are—

(a)the specified person or that person's dependent children would be likely to suffer severe hardship if the agreement under section 144 were not terminated; and

(b)the hardship suffered by the specified persons would be greater than any hardship the caravan park owner or caravan owner (as the case may be) would suffer if the order were made; and

(c)if a resident is excluded from the site, caravan or caravan park under a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order, it is reasonable to do so given the length of the exclusion under the notice or order and the length of the existing agreement under section 144; and

(d)it is reasonable to do so given the interests of any other residents (other than any excluded resident) under the existing agreement under section 144 and, in particular, whether the other residents support the specified person's application.".

(3)In section 238 of the Residential Tenancies Amendment Act 2018, in proposed section 206AH(2) of the Residential Tenancies Act 1997, for "(1)" substitute "(1A)".

(4)In section 238 of the Residential Tenancies Amendment Act 2018, in proposed section 206AH(4) of the Residential Tenancies Act 1997, for "(1)(b)" substitute "(1A)".

(5)In section 238 of the Residential Tenancies Amendment Act 2018, in proposed section 206AH(5) of the Residential Tenancies Act 1997, for "(1)(a)" substitute "(1)".

(6)In section 238 of the Residential Tenancies Amendment Act 2018, in proposed section 206AH(6) of the Residential Tenancies Act 1997, for "(1)(b)" substitute "(1A)".

(7)In section 238 of the Residential Tenancies Amendment Act 2018, in proposed section 206AH(7) of the Residential Tenancies Act 1997, after "(1)" insert "or (1A)".

(8)In section 238 of the Residential Tenancies Amendment Act 2018, in proposed section 206AI(1) of the Residential Tenancies Act 1997, after "206AH(1)" insert "or (1A)".

(9)In section 238 of the Residential Tenancies Amendment Act 2018—

(a)in proposed section 206AJ(4)(a) of the Residential Tenancies Act 1997, after "206AH(2)" insert ", in the case of an application under section 206AG(1)(b)";

(b)after proposed section 206AJ(4)(a) of the Residential Tenancies Act 1997 insert—

"(b)as to those matters set out in section 206AH(1B), in the case of an application under section 206AG(1)(a); and";

(c)in proposed section 206AJ(4)(b) of the Residential Tenancies Act 1997, for "(b)" substitute "(c)".

97New Division 11 of Part 4A inserted

(1)In section 239 of the Residential Tenancies Amendment Act 2018, for proposed section 207N(1) of the Residential Tenancies Act 1997 substitute—

"(1)On an application under section 207M(1)(a), if satisfied as to the matters set out in subsection (1B), the Tribunal may make an order terminating the existing site agreement for the Part 4A site.".

(2)In section 239 of the Residential Tenancies Amendment Act 2018, after proposed section 207N(1) of the Residential Tenancies Act 1997 insert—

"(1A)On an application under section 207M(1)(b), if satisfied as to the matters set out in subsection (2), the Tribunal may make an order—

(a)terminating the existing site agreement for the Part 4A site; and

(b)requiring the site owner to enter into a new site agreement for the Part 4A site with the person and other persons (if any) referred to in the application.

(1B)For the purposes of subsection (1), the matters are—

(a)the specified person or that person's dependent children would be likely to suffer severe hardship if the site agreement for the Part 4A site were not terminated; and

(b)the hardship suffered by the specified persons would be greater than any hardship the site owner would suffer if the order were made; and

(c)if a site tenant is excluded from the Part 4A dwelling under a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order, it is reasonable to do so given the length of the exclusion under the notice or order and the length of the existing site agreement for the Part 4A site; and

(d)it is reasonable to do so given the interests of any other site tenants (other than any excluded site tenant) under the existing site agreement for the Part 4A site and, in particular, whether the other site tenants support the specified person's application.".

(3)In section 239 of the Residential Tenancies Amendment Act 2018, in proposed section 207N(2) of the Residential Tenancies Act 1997, for "(1)" substitute "(1A)".

(4)In section 239 of the Residential Tenancies Amendment Act 2018, in proposed section 207N(4) of the Residential Tenancies Act 1997, for "(1)(b)" substitute "(1A)".

(5)In section 239 of the Residential Tenancies Amendment Act 2018, in proposed section 207N(5) of the Residential Tenancies Act 1997, for "(1)(a)" substitute "(1)".

(6)In section 239 of the Residential Tenancies Amendment Act 2018, in proposed section 207N(6) of the Residential Tenancies Act 1997, for "(1)(b)" substitute "(1A)".

(7)In section 239 of the Residential Tenancies Amendment Act 2018, in proposed section 207N(7) of the Residential Tenancies Act 1997, after "(1)" insert "or (1A)".

(8)In section 239 of the Residential Tenancies Amendment Act 2018, in proposed section 207O(1) of the Residential Tenancies Act 1997, after "207N(1)" insert "or (1A)".

(9)In section 239 of the Residential Tenancies Amendment Act 2018—

(a)in proposed section 207P(4)(a) of the Residential Tenancies Act 1997, after "207N(2)" insert ", in the case of an application under section 207M(1)(b)";

(b)after proposed section 207P(4)(a) of the Residential Tenancies Act 1997 insert—

"(b)as to those matters set out in section 207N(1B), in the case of an application under section 207M(1)(a); and";

(c)in proposed section 207P(4)(b) of the Residential Tenancies Act 1997, for "(b)" substitute "(c)".

98Order of Tribunal

In section 244(4) of the Residential Tenancies Amendment Act 2018, in proposed section 330(3) of the Residential Tenancies Act 1997, for '91ZK, 142ZD, 206AS or 207Y."' substitute '91ZJ, 142ZC, 206AR or 207X."'.

99New Part 10B inserted

In section 310 of the Residential Tenancies Amendment Act 2018, in proposed section 439P(2) of the Residential Tenancies Act 1997, for "the information specified in subsection (3)" substitute "any information specified in subsection (3) that is given to the Director by the Tribunal".

100Service of documents

After section 337(1) of the Residential Tenancies Amendment Act 2018 insert—

'(1A)In section 506(3) of the Principal Act, for "Part 6" substitute "this Act, other than under Part 12A,".'.

101Regulations

In section 340(a) of the Residential Tenancies Amendment Act 2018, for proposed section 511(1)(ac)(iii) of the Residential Tenancies Act 1997 substitute—

'(iii)prescribing or requiring compliance with any other standards prescribed under any other Act or law in relation to, or applicable to, the condition of any residential premises, including energy and water efficiency standards;

(iv)prescribing or requiring compliance with industry minimum standards;";'.

102Consequential amendments of Part 8

After section 362(2) of the Residential Tenancies Amendment Act 2018 insert—

'(2A)In section 370(2) of the Principal Act, for "376(1)(b)," substitute "376(1B),".'.

Division 2—Consequential amendment of Victorian Civil and Administrative Tribunal Act 1998

103New section 147A inserted

After section 147 of the Victorian Civil and Administrative Tribunal Act 1998 insert—

"147A   Information sharing functions—Residential Tenancies Act 1997

(1)It is a function of the Tribunal, on making a registrable order to give the Director of Consumer Affairs Victoria, as soon as practicable, the following information—

(a)the name of the residential rental provider to whom the order relates;

(b)the address of the residential rental provider to whom the order relates (if disclosed to the Tribunal);

(c)the address of the rented premises in respect of which the order was made;

(d)if the residential rental provider has an agent, the business name and address of the agent;

(e)the date of the order;

(f)the provision of the Residential Tenancies Act 1997 that the residential rental provider was found to have contravened (if recorded on the order).

(2)It is a function of the Tribunal, on receiving an application which includes a claim for repayment of a bond, if requested by the Authority, to give the Authority, as soon as practicable, the following information—

(a)the names of each of the parties to the application;

(b)the address of the rented premises in respect of which the bond is held;

(c)the business name and business address of the residential rental provider's agent (if disclosed on the application);

(d)the date of the application;

(e)the bond number assigned to the bond by the Authority (if disclosed on the application).

(3)It is a function of the Tribunal, on making an order under section 419A, 420A or 420B of the Residential Tenancies Act 1997, if requested by the Authority, to give the Authority, as soon as practicable, the following information—

(a)the name of each party to the application on which the order was made;

(b)the address of the rented premises in respect of which the bond is held;

(c)the business name and business address of the residential rental provider's agent (if disclosed to the Tribunal);

(d)the bond number assigned to the bond by the Authority (if disclosed to the Tribunal);

(e)any transfer details or payee amounts set out in the order;

(f)the date of the order;

(g)any other details included in the order.

(4)This section does not limit—

(a)the closing of a file under section 146; or

(b)a suppression order under the Open Courts Act 2013.

(5)In this section—

Authority means the Residential Tenancies Bond Authority established under the Residential Tenancies Act 1997;

bond has the same meaning as in section 3(1) of the Residential Tenancies Act 1997;

registrable order means an order of the Tribunal under Part 5 of the Residential Tenancies Act 1997 which requires a residential rental provider to—

(a)remedy a contravention; or

(b)pay compensation; or

(c)refrain from committing a contravention;

rented premises has the same meaning as in section 439O of the Residential Tenancies Act 1997;

residential rental provider has the same meaning as in section 439O of the Residential Tenancies Act 1997.".

Part 8—Amendment of Rooming House Operators Act 2016

104Duration of licence

After section 20(1) of the Rooming House Operators Act 2016 insert—

"(1A)If an application for renewal of a licence is made under Division 2 within the period referred to in section 10 and the renewal does not occur before the end of that period, the licence continues in force after the expiry of the licence period until the licence is either renewed or the application is refused.".

Part 12—Statute law revision

Division 1—Amendment of Conveyancers Act 2006

134Approval of auditors

In section 83(1)(a)(i) of the Conveyancers Act 2006, for "the Institute of Chartered Accountants in Australia;" substitute "Chartered Accountants Australia and New Zealand;".

135Courses of education for auditors

In section 90(2) of the Conveyancers Act 2006, for "the Institute of Chartered Accountants in Australia" substitute "Chartered Accountants Australia and New Zealand".

136Statute law revision

In section 188(2)(d)(ii) of the Conveyancers Act 2006, for "corporation" substitute "body corporate".

Division 2—Amendment of Estate Agents Act 1980

137Definitions

In section 4(1) of the Estate Agents Act 1980, in paragraph (a) of the definition of approved auditor, for "The Institute of Chartered Accountants in Australia;" substitute "Chartered Accountants Australia and New Zealand;".

138Estate Agents Council

In section 6(2) of the Estate Agents Act 1980—

(a)in paragraph (c), for "1" substitute "one";

(b)in paragraph (d)—

(i)for "1" substitute "one";

(ii)for "The Institute of Chartered Accountants in Australia;" substitute "Chartered Accountants Australia and New Zealand".

Part 13—Repeal of this Act

139Repeal of this Act

This Act is repealed on 1 June 2022.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.


Minister's second reading speech—

Legislative Assembly: 17 June 2020

Legislative Council: 12 November 2020

The long title for the Bill for this Act was "A Bill for an Act to make miscellaneous amendments to the Associations Incorporation Reform Act 2012, the Australian Consumer Law and Fair Trading Act 2012, the Gambling Regulation Act 2003, the Liquor Control Reform Act 1998, the Residential Tenancies Act 1997, the Residential Tenancies Amendment Act 2018, the Rooming House Operators Act 2016, the Victorian Civil and Administrative Tribunal Act 1998 to make statute law revision amendments to consumer Acts and for other purposes."

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