Consumer Legislation Amendment Act 2019 (Vic)
Consumer Legislation Amendment Act 2019
No. 47 of 2019
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Australian Consumer Law and Fair Trading Act 2012
3New section 126A inserted
4Powers of court if requirement of Director or inspector not complied with
5Section 215 substituted
Part 3—Amendment of Domestic Building Contracts Act 1995
6Referral of domestic building work dispute to chief dispute resolution officer
7Withdrawal of referral
8Acceptance or rejection of referral
9Certificate of conciliation—dispute not suitable for conciliation
10New section 46AA inserted
11Conciliation rules
12Section 46D repealed
13Certificate of conciliation—dispute accepted for conciliation
14Who may be appointed as an assessor?
15Directions to assessor
16New section 48BA inserted
17Reporting the results of an examination
18When can a dispute resolution order be issued?
19Requirements for the payment of money
20Request to amend or cancel dispute resolution order
21Section 49M substituted
22Chief dispute resolution officer to direct assessor to examine work
23Chief dispute resolution officer may extend period for compliance
24Breach of dispute resolution order notice
25Right of building owner to end domestic building contract
26Section 49X substituted
27New section 51B inserted
28Appointment of conciliation officers
29Section 52G repealed
30Application for review of decision to pay money out of Domestic Building Dispute Resolution Victoria Trust Fund
31Publication of directions
Part 4—Amendment of Fundraising Act 1998
32Definitions
33Reference provisions
34Meaning of fundraising appeal
35Collection receptacles to be secure, numbered and labelled etc.
36Application for registration as a fundraiser
37New Division 2AA of Part 3 inserted
38All appeal money must be banked
39Other records that fundraisers must keep
40New Division 7A of Part 3 inserted
41Court may make orders concerning wrongly obtained assets
42Section 61D amended
43Judicial notice concerning authorisations
44Regulations
45Schedule—Infringement offences
Part 5—Amendment of Residential Tenancies Act 1997
Division 1—Amendments relating to pets
46Definitions
47Division 5B of Part 2 inserted
48New section 262AA inserted
49New section 533 inserted
50Definitions—Residential Tenancies Amendment Act 2018
51Section 61 of Residential Tenancies Amendment Act 2018 amended
52Division 5 of Schedule 1 amended
Division 2—Other amendments
53Premises used primarily as a residence
54Prescribed premises and prescribed agreements
55Note to section 60 inserted
56Rights of review
57Section 385 repealed
58Payment to Director of Housing
59Functions of Authority
60General power of Tribunal to make determinations
Part 6—Amendment of Residential Tenancies Amendment Act 2018
61Definitions
62New Division 1B and Division 1C of Part 2 inserted
63Not more than one bond is payable in respect of continuous occupation
64Section 54 amended
65Section 69 amended
66Urgent repairs
67Statute law revision
68Urgent repairs
69New Divisions 1A and 1B inserted in Part 4
70Owner's responsibility for charges for supply to non-complying appliances
71Caravan park rules
72Statute law revision
73Section 181 amended
74Urgent repairs to caravans
75New section 188A inserted
76New Division 9 of Part 4 inserted
77New Divisions 1A and 1B inserted in Part 4A
78Not more than one bond is payable in respect of continuous occupation
79New Division 7A inserted in Part 4A
80Section 227 substituted
81New sections 211A and 211B inserted
82New Division 9 of Part 2 inserted
83New section 240A inserted
84Manager may give person notice to leave—serious acts of violence
85Section 411 substituted
86Section 411A substituted and sections 411AB, 411AC, 411AD and 411AE inserted
87Further consequential amendments of Division 2 of Part 1
88Statute law revision
89Consequential amendments of Part 11
90Schedule 1 inserted
Part 7—Amendment of Residential Tenancies Act 1997 and Residential Tenancies Amendment Act 2018—Solar Homes Program
Division 1—Amendments of Residential Tenancies Act 1997
91Definitions—section 3
92Tenant's liability for various utility charges
93Landlord's liability for various utility charges
94New section 53AA inserted
95Application by landlord on other grounds
Division 2—Amendment of Residential Tenancies Amendment Act 2018
96Section 52 substituted
97New sections 53A and 53B inserted
98Matters that may be the subject of bond claim
99Consequential amendments of Division 4 of Part 2
Part 8—Amendment of Sex Work Act 1994
Division 1—Amendment of Sex Work Act 1994
100Register for businesses to which section 23 applies
101Secrecy
Division 2—Consequential amendment of Business Licensing Authority Act 1998
102Secrecy
Part 9—Repeal of this Act
103Repeal of this Act
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Endnotes
1 General information
Consumer Legislation Amendment Act 2019
No. 47 of 2019
[Assented to 3 December 2019]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Australian Consumer Law and Fair Trading Act 2012—
(i)to make amendments consequential to the commencement of the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 of the Commonwealth; and
(b)to amend the Domestic Building Contracts Act 1995—
(i)to streamline referrals of domestic building work disputes to Domestic Building Dispute Resolution Victoria; and
(ii)to further improve the issuing of certificates of conciliation and dispute resolution orders; and
(iii)to further improve the assessment of domestic building work by assessors; and
(iv)to empower the chief dispute resolution officer to approve forms, approve conciliation rules and appoint conciliators and assessors; and
(v)to give assessors statutory immunity from civil liability for acts or omissions done in good faith; and
(vi)to empower the Director to pay money out of the Domestic Building Dispute Resolution Victoria Trust Fund on the recommendation of the chief dispute resolution officer; and
(c)to amend the Fundraising Act 1998 to provide for the recognition as fundraisers of entities registered under the Australian Charities and Not-for-profits Commission Act 2012 of the Commonwealth and make other minor amendments; and
(d)to amend the Residential Tenancies Act 1997—
(i)to clarify the agreements to which that Act applies; and
(ii)to provide for the early commencement of provisions about the keeping of pets; and
(iii)to provide for the Solar Homes Program; and
(iv)to make further amendments consequential to the enactment of the Residential Tenancies Amendment Act 2018; and
(e)to amend the Residential Tenancies Amendment Act 2018—
(i)to provide for the Solar Homes Program; and
(ii)to make further amendments and to clarify the operation of various amendments in that Act; and
(f)to amend the Sex Work Act 1994 to clarify what information may be obtained from the exempt register under section 24 of that Act and by whom.
2Commencement
(1)This Part, sections 50, 51, 52, 53 and 54, Part 6 and Part 7 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation before 31 August 2020, it comes into operation on that day.
Part 2—Amendment of Australian Consumer Law and Fair Trading Act 2012
3New section 126A inserted
After section 126 of the Australian Consumer Law and Fair Trading Act 2012 insert—
"126A Power to obtain information, documents and evidence to investigate or inquire into terms of contract
The Director may obtain information, documents and evidence under sections 125 and 126 if the Director believes that a person is capable of providing information, producing documents or giving evidence that may assist the Director in investigating or inquiring into the terms of a consumer contract or small business contract for the purposes of determining whether or not to make an application to the court under section 250 of the Australian Consumer Law (Victoria)—
(a)as if a reference in section 125 to monitoring compliance with this Act or the regulations were a reference to investigating or inquiring into the terms of a consumer contract or small business contract for the purposes of determining whether or not to make an application to the court under section 250 of the Australian Consumer Law (Victoria); and
(b)as if a reference in section 126 to a matter that constitutes, or may constitute, a contravention of this Act were a reference to investigating or inquiring into the terms of a consumer contract or small business contract for the purposes of determining whether or not to make an application to the court under section 250 of the Australian Consumer Law (Victoria).".
4Powers of court if requirement of Director or inspector not complied with
In section 209(1) of the Australian Consumer Law and Fair Trading Act 2012, for "section 125, 126," substitute "section 125, 126, 126A,".
5Section 215 substituted
For section 215 of the Australian Consumer Law and Fair Trading Act 2012 substitute—
"215 Findings and admissions of fact made in a proceeding to be evidence
(1)In a proceeding against a person under section 216 or 217, a finding of fact made by a court or an admission of any fact made by the person before a court is evidence of that fact if the finding or admission is made in a proceeding under section 201, 210, 210A or 211 in which the person has been found to have contravened, or to have been involved in a contravention of, a provision of this Act (other than the Australian Consumer Law (Victoria)).
(2)In a proceeding against a person under section 236, 237, 238 or 239 of the Australian Consumer Law (Victoria), a finding of fact made by a court is evidence of that fact if the finding is made in a proceeding under section 228, 232, 233, 234, 237, 246, 247 or 248 or any provision of Chapter 4 of that Law in which the person has been found to have contravened, or to have been involved in a contravention of, the Australian Consumer Law (Victoria).
(3)In a proceeding against a person under section 236, 237, 238 or 239 of the Australian Consumer Law (Victoria), an admission of any fact made by the person before a court is evidence of that fact if the admission is made in a proceeding under section 201, 210, 210A or 211 in which the person has been found to have contravened, or to have been involved in a contravention of, a provision of this Act (other than the Australian Consumer Law (Victoria)).
(4)A finding of fact referred to in subsection (1) or (2) may be proved by production of a document under the seal of the court from which the finding appears.
(5)An admission of a fact referred to in subsection (1) or (3) may be proved by production of a document from which the admission appears that is filed in the court.".
Part 3—Amendment of Domestic Building Contracts Act 1995
6Referral of domestic building work dispute to chief dispute resolution officer
(1)In section 45(2)(a) of the Domestic Building Contracts Act 1995, for "Director" substitute "chief dispute resolution officer".
(2)In section 45(2)(c) of the Domestic Building Contracts Act 1995 omit "(if known)".
7Withdrawal of referral
In section 45BA(1) of the Domestic Building Contracts Act 1995, for "a conciliation officer makes a recommendation under section 45C(1) in respect of that referral" substitute "the chief dispute resolution officer accepts or rejects the referral under section 45C(2)".
8Acceptance or rejection of referral
(1)Section 45C(1) of the Domestic Building Contracts Act 1995 is repealed.
(2)In section 45C(2) of the Domestic Building Contracts Act 1995, for "After considering the recommendation made by the conciliation officer, the" substitute "The".
(3)After section 45C(3)(d) of the Domestic Building Contracts Act 1995 insert—
"(e)the dispute relates to a construction contract within the meaning of section 4 of the Building and Construction Industry Security of Payment Act 2002 where the building owner is in the business of building residences and the contract is entered into in the course of, or in connection with, that business and one of the following applies—
(i)the dispute is the subject of an adjudication application under Division 2 of Part 3 of that Act which is yet to be determined;
(ii)the dispute is the subject of a review under Division 2A of Part 3 of that Act which is yet to be determined;
(iii)the dispute has been resolved under that Act; or".
9Certificate of conciliation—dispute not suitable for conciliation
After section 45F(4) of the Domestic Building Contracts Act 1995 insert—
"(4A)Within 10 days after receiving a certificate of conciliation under subsection (4), the referring party may make a written submission to the chief dispute resolution officer in relation to the chief dispute resolution officer's decision to issue the certificate of conciliation.
(4B)On receiving a written submission under subsection (4A), the chief dispute resolution officer must ensure that a conciliation officer—
(a)reviews the submission; and
(b)makes a recommendation to the chief dispute resolution officer to confirm or revise the chief dispute resolution officer's decision to issue the certificate of conciliation.
(4C)After considering the conciliation officer's recommendation under subsection (4B), the chief dispute resolution officer may confirm or revise the chief dispute resolution officer's decision to issue the certificate of conciliation.
(4D)The chief dispute resolution officer must give written notice to the referring party of a decision under subsection (4 C) within 10 business days after the decision is made.".
10New section 46AA inserted
After section 46 of the Domestic Building Contracts Act 1995 insert—
"46AA Powers of conciliation officer
(1)For the purposes of conducting a conciliation conference under this Division, a conciliation officer may—
(a)make any inquiries or obtain any information the conciliation officer considers necessary; and
(b)ask a party to the dispute to provide further information or documents relating to the dispute.
(2)A conciliation officer may fix a time for compliance with a request under subsection (1)(b) and may extend that time at the request of the party.".
11Conciliation rules
(1)In section 46B(3) of the Domestic Building Contracts Act 1995, for "Director" substitute "chief dispute resolution officer".
(2)In section 46B(4) of the Domestic Building Contracts Act 1995—
(a)for "Director" substitute "chief dispute resolution officer";
(b)for "the Consumer Affairs Victoria website" substitute "Domestic Building Dispute Resolution Victoria's website".
12Section 46D repealed
Section 46D of the Domestic Building Contracts Act 1995 is repealed.
13Certificate of conciliation—dispute accepted for conciliation
(1)In section 46E(1) of the Domestic Building Contracts Act 1995, for "after considering any submissions received within the time required under section 46D" substitute "as soon as practicable".
(2)For section 46E(2)(c) of the Domestic Building Contracts Act 1995 substitute—
"(c)the dispute has not been resolved under one of the following grounds—
(i)the dispute was not resolved by conciliation;
(ii)the dispute is no longer suitable for conciliation;
(iii)there is contested non-compliance with a record of agreement or a dispute resolution order.".
(3)Section 46E(5) of the Domestic Building Contracts Act 1995 is repealed.
14Who may be appointed as an assessor?
(1)In section 48(1) of the Domestic Building Contracts Act 1995, for "The Director, on the recommendation of the chief dispute resolution officer," substitute "The chief dispute resolution officer".
(2)In section 48(2)(b) of the Domestic Building Contracts Act 1995, for "Director" substitute "chief dispute resolution officer".
15Directions to assessor
For section 48B(2) of the Domestic Building Contracts Act 1995 substitute—
"(2)The direction must be in writing and may require the assessor to examine the domestic building work—
(a)to determine whether the domestic building work performed by the builder is defective or incomplete; or
(b)to determine whether the domestic building work has been carried out; or
(c)to determine whether the domestic building work has been carried out in order to satisfy the conditions set for payment by a building owner of an amount into the Domestic Building Dispute Resolution Victoria Trust Fund in accordance with a dispute resolution order under section 49C(1)(b); or
(d)for any other purpose reasonably necessary to further the resolution of a domestic building work dispute.
(3)If, as a result of the assessor's inquiry under subsection (2)(a), the assessor believes that the domestic building work is defective or incomplete, the assessor must estimate the number of business days required to rectify or complete the work.".
16New section 48BA inserted
After section 48B of the Domestic Building Contracts Act 1995 insert—
"48BA Protection against liability for assessors
(1)An assessor is not personally liable for anything done or omitted to be done in good faith—
(a)in the exercise of a power or the discharge of a duty under this Act; or
(b)in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act.
(2)Any liability resulting from an act or omission that, but for subsection (1), would attach to an assessor attaches instead to the State.".
17Reporting the results of an examination
(1)In section 48O(2) of the Domestic Building Contracts Act 1995, for "Director" substitute "chief dispute resolution officer".
(2)After section 48O(6) of the Domestic Building Contracts Act 1995 insert—
"(6A)A written submission under subsection (6) must—
(a)be in a form approved by the chief dispute resolution officer; and
(b)relate to the reasons and findings contained in the assessor's report of the results of the examination.".
18When can a dispute resolution order be issued?
For section 49(1)(b) of the Domestic Building Contracts Act 1995 substitute—
"(b)the chief dispute resolution officer is satisfied that—
(i)the parties have not resolved the dispute; or
(ii)the parties have consented to the making of the dispute resolution order; and".
19Requirements for the payment of money
After section 49C(1)(a) of the Domestic Building Contracts Act 1995 insert—
"(ab)a builder to pay an amount of money to the building owner for completion or rectification of the domestic building work under the contract or any part of the contract; or
(ac)a builder to pay an amount of money to the building owner in relation to a claim or entitlement arising under the domestic building contract or any part of the contract; or".
20Request to amend or cancel dispute resolution order
In section 49J(2) of the Domestic Building Contracts Act 1995 omit "only".
21Section 49M substituted
For section 49M of the Domestic Building Contracts Act 1995 substitute—
"49M Matters to be considered in deciding on request
In making a decision on a request under section 49J, the chief dispute resolution officer—
(a)must consider the extent to which any defective or incomplete domestic building work specified in the dispute resolution order has been rectified or completed; and
(b)may consider—
(i)the conduct of the parties; and
(ii)if section 49J(2) applies—any change in the nature of the dispute or the circumstances of the parties since the assessor gave a copy of the assessor's report to the chief dispute resolution officer under Division 5; and
(iii)any other matter the chief dispute resolution officer considers relevant.".
22Chief dispute resolution officer to direct assessor to examine work
(1)For section 49S(1) of the Domestic Building Contracts Act 1995 substitute—
"(1)If a building owner gives notice to the chief dispute resolution officer under section 49R, the chief dispute resolution officer may—
(a)rely on a statement from the builder that the builder has failed to rectify defective domestic building work or complete domestic building work in accordance with the dispute resolution order; or
(b)direct an assessor to examine the work required to be carried out under the dispute resolution order.".
(2)In section 49S(2) of the Domestic Building Contracts Act 1995, for "The assessor" substitute "If the chief dispute resolution officer makes a direction under subsection (1)(b), the assessor".
23Chief dispute resolution officer may extend period for compliance
In section 49T of the Domestic Building Contracts Act 1995, for "On receiving a report under section 49S, the" substitute "The".
24Breach of dispute resolution order notice
(1)For section 49U(1) of the Domestic Building Contracts Act 1995 substitute—
"(1)Subject to section 49T, the chief dispute resolution officer must issue a breach of dispute resolution order notice if—
(a)the chief dispute resolution officer receives a report from an assessor under section 49S(2) that states the builder has failed to comply with a dispute resolution order; or
(b)the builder provides a statement referred to in section 49S(1)(a) that the builder has failed to rectify defective domestic building work or complete domestic building work in accordance with the dispute resolution order; or
(c)the building owner provides a statement that the building owner has failed to pay an amount of money in accordance with a dispute resolution order under section 49C(1)(a) or (b); or
(d)the builder provides a statement that the builder has failed to pay an amount to the building owner in accordance with a dispute resolution order under section 49C(1)(ab) or (ac); or
(e)the building owner has failed to pay an amount of money in accordance with a dispute resolution order under section 49C(1)(a) or (b).".
(2)In section 49U(2) of the Domestic Building Contracts Act 1995, for "each party to the domestic building work dispute" substitute "the builder and the building owner".
(3)For section 49U(3) of the Domestic Building Contracts Act 1995 substitute—
"(3)A breach of dispute resolution order notice must state that—
(a)in the case of a notice under subsection (1)(a), (b) or (d)—the builder may apply to VCAT for a review of the decision to issue the notice and the time within which the application may be made; or
(b)in the case of a notice under subsection (1)(c) or (e)—the building owner may apply to VCAT for a review of the decision to issue the notice and the time within which the application may be made.".
(4)For section 49U(4) of the Domestic Building Contracts Act 1995 substitute—
"(4)A breach of dispute resolution order notice takes effect in relation to the builder or the building owner immediately on being served on the builder and the building owner under subsection (2).".
(5)In section 49U(5) of the Domestic Building Contracts Act 1995, for "The chief" substitute "If the chief dispute resolution officer issues a breach of dispute resolution order notice under subsection (1)(a), (b) or (d), the chief".
(6)After section 49U(7) of the Domestic Building Contracts Act 1995 insert—
"(7A)If—
(a)the building owner has failed to pay an amount of money in accordance with a dispute resolution order under section 49C(1)(a) or (b); and
(b)the chief dispute resolution officer receives a report from an assessor under section 49S(2) that states the builder has not failed to rectify defective domestic building work or complete domestic building work in accordance with the dispute resolution order—
the chief dispute resolution officer may recover the costs of the assessor's report from the building owner in any court of competent jurisdiction as a debt due to the State.".
25Right of building owner to end domestic building contract
In section 49W(1)(c) of the Domestic Building Contracts Act 1995, after "dispute" (where secondly occurring) insert "to the extent possible in the circumstances".
26Section 49X substituted
For section 49X of the Domestic Building Contracts Act 1995 substitute—
"49X Right of builder to end domestic building contract
(1)A builder may, by written notice to the chief dispute resolution officer and the building owner, end a domestic building contract for domestic building work that is the subject of a dispute resolution order if—
(a)a copy of a breach of dispute resolution order notice has been served under section 49U(2) in relation to a failure by the building owner; and
(b)either—
(i)the period within which the building owner could apply to VCAT for review of the decision to issue the notice has ended and an application for review has not been made; or
(ii)the building owner has applied to VCAT for review of the decision to issue the notice and the decision has been affirmed; and
(c)the builder has complied with any dispute resolution order issued to the builder in relation to the domestic building work dispute to the extent possible in the circumstances; and
(d)the builder has complied with any conditions required to be complied with by the builder before the building owner is required to comply with the dispute resolution order.
(2)If a builder ends a domestic building contract under this section, the builder is released from any further performance of the contract.".
27New section 51B inserted
After section 51A of the Domestic Building Contracts Act 1995 insert—
"51B Director may pay amounts out of Domestic Building Dispute Resolution Victoria Trust Fund on the recommendation of the chief dispute resolution officer
(1)This section applies if—
(a)a party to a domestic building work dispute has paid money into the Domestic Building Dispute Resolution Victoria Trust Fund under section 51A(1); and
(b)the parties to the domestic building work dispute are unable to agree to give written notice to the Director under section 51A(4).
(2)The Director, on the recommendation of the chief dispute resolution officer, may pay some or all of the money out of the Fund.
(3)In making a recommendation to the Director under subsection (2), the chief dispute resolution officer must be satisfied that—
(a)the conditions for payment of that amount out of the Fund under section 51A(2)(b) have been met; and
(b)payment of that amount out of the Fund is appropriate; and
(c)failure to pay that amount out of the Fund would be unfair and cause detriment to at least one of the parties to the domestic building work dispute.
(4)If the Director proposes to pay money out of the Fund in accordance with subsection (2), the Director must give written notice to the parties to the domestic building work dispute of the intention to pay that amount out of the Fund.
(5)A notice under subsection (4) must state that a party to the domestic building work dispute may apply to VCAT within 10 business days after receiving the notice for review of the decision to pay money out of the Fund.".
28Appointment of conciliation officers
In section 52E of the Domestic Building Contracts Act 1995, for "Director" substitute "chief dispute resolution officer".
29Section 52G repealed
Section 52G of the Domestic Building Contracts Act 1995 is repealed.
30Application for review of decision to pay money out of Domestic Building Dispute Resolution Victoria Trust Fund
(1)In section 65(1) of the Domestic Building Contracts Act 1995, after "section 49G" insert "or 51B".
(2)In section 65(2) of the Domestic Building Contracts Act 1995, after "section 49G" insert "or 51B (as the case requires)".
31Publication of directions
In section 122(1)(b) of the Domestic Building Contracts Act 1995, after "Director" insert "or the chief dispute resolution officer".
Part 4—Amendment of Fundraising Act 1998
32Definitions
In section 3 of the Fundraising Act 1998—
(a)insert the following definitions—
"Commissioner of the ACNC has the same meaning as Commissioner has in the Commonwealth ACNC Act;
Commonwealth ACNC Act means the Australian Charities and Not-for-profits Commission Act 2012 of the Commonwealth;
Commonwealth registered entity means an entity registered under Part 2-1 of the Commonwealth ACNC Act;
deemed registered fundraiser means a Commonwealth registered entity that is taken to be registered as a fundraiser under section 23AB;";
(b)in the definition of unincorporated organisation, for "people" substitute "persons".
33Reference provisions
In section 4(9) of the Fundraising Act 1998, after "fundraiser" (where secondly occurring) insert "under section 21, 33M or 77".
34Meaning of fundraising appeal
(1)In section 5(3)(a)(ii) of the Fundraising Act 1998 omit "or".
(2)In section 5(3)(e) of the Fundraising Act 1998, for "people" (wherever occurring) substitute "persons".
35Collection receptacles to be secure, numbered and labelled etc.
In section 10(1)(b)(ii) of the Fundraising Act 1998, for "people" substitute "person".
36Application for registration as a fundraiser
(1)In section 18(2)(g)(iii) of the Fundraising Act 1998, for "people" substitute "persons".
(2)In section 18(3) of the Fundraising Act 1998, for "people" substitute "persons".
(3)In section 18(4) of the Fundraising Act 1998, for "people" substitute "persons".
(4)In section 18(4)(a) of the Fundraising Act 1998—
(a)omit "also";
(b)for "of them" substitute "person".
37New Division 2AA of Part 3 inserted
After Division 2 of Part 3 of the Fundraising Act 1998 insert—
'Division 2AA—Commonwealth registered entities
23ABEffect of Commonwealth registration
(1)If a Commonwealth registered entity gives a notice to the Director of its intention to conduct a fundraising appeal in Victoria, the Director is taken to have registered the entity as a fundraiser under section 19.
(2)A notice under subsection (1) must be in the form approved by the Director.
(3)A Commonwealth registered entity is taken to be registered as a fundraiser under this section on and from the date on which the Director receives a notice under subsection (1).
(4)Divisions 1, 2, 2A and 7 of this Part do not apply to a deemed registered fundraiser.
23ACDuration of deemed registration
The registration of a deemed registered fundraiser remains in force until—
(a)the Director deregisters the deemed registered fundraiser under section 33N; or
(b)the deemed registered fundraiser's registration under Part 2-1 of the Commonwealth ACNC Act is revoked.
23ADNotification of changes
(1)If a deemed registered fundraiser retains a commercial fundraiser to administer all or part of a fundraising appeal, the deemed registered fundraiser must notify the Director in writing within 28 days after entering into the retention agreement with the commercial fundraiser.
Penalty:in the case of a corporation, 240 penalty units;
in any other case, 120 penalty units or imprisonment for 12 months or both.
(2)A deemed registered fundraiser must notify the Director in writing within 28 days after becoming aware of the occurrence of the following events—
(a)the deemed registered fundraiser becomes an insolvent under administration or an externally-administered body corporate; or
(b)the deemed registered fundraiser is found guilty of a disqualifying offence.
Penalty:in the case of a corporation, 240 penalty units;
in any other case, 120 penalty units or imprisonment for 12 months or both.
23AEConditions on deemed registration
(1)At any time after receiving a notice under section 23AB, the Director may impose or vary a condition on a deemed registered fundraiser in relation to the conduct by the deemed registered fundraiser—
(a)of fundraising appeals generally; or
(b)of any fundraising appeal being conducted, or to be conducted, by the deemed registered fundraiser.
(2)The Director may impose a condition that has immediate effect if, in the opinion of the Director, there is a significant risk that an act or omission may occur that is significantly contrary to the public interest if the condition did not take effect immediately.
(3)Unless subsection (2) applies, the Director—
(a)must give the deemed registered fundraiser a written notice—
(i)setting out the conditions the Director wishes to impose or vary and the reasons why the Director wishes to impose or vary the conditions; and
(ii)inviting the deemed registered fundraiser to comment on the proposed conditions within a time specified in the notice; and
(b)must consider any comments made by the deemed registered fundraiser within the specified time.
(4)The Director must not specify a period of less than 7 days in a notice given under subsection (3)(a).
(5)If the Director decides to impose or vary a condition after considering any comments, the Director must give the deemed registered fundraiser a second written notice setting out the conditions and stating that the conditions apply from the date specified in the notice.
(6)For the purposes of subsection (5), the Director must not specify a date before the date on which a notice under that subsection is given to the deemed registered fundraiser.
(7)The Director may impose or vary a condition in a notice given under subsection (5) that differs from the conditions set out in a notice given under subsection (3)(a) if—
(a)the differences result from complying with any comments made under subsection (3)(b); or
(b)the differences are of a minor nature.
(8)Any guidelines issued under section 19C apply to conditions imposed under this section on a deemed registered fundraiser.
(9)Section 23A applies to a deemed registered fundraiser as if—
(a)a reference to a registered fundraiser were a reference to a deemed registered fundraiser; and
(b)a reference to section 19C or 23 were a reference to this section.
(10)The Director, by written notice to the deemed registered fundraiser, may revoke any condition imposed under this section.
23AFApplication of this Act to deemed registered fundraisers
(1)Part 2 applies to a deemed registered fundraiser as if—
(a)a reference to a registered fundraiser were a reference to a deemed registered fundraiser; and
(b)a reference to conditions or obligations imposed under section 19C or 23 were a reference to a condition imposed under section 23AE; and
(c)a reference to the fundraiser's registration were a reference to the fundraiser's deemed registration under section 23AB.
(2)Division 3 of Part 3 applies to a deemed registered fundraiser as if—
(a)a reference to a registered fundraiser were a reference to a deemed registered fundraiser; and
(b)a reference to a condition or an obligation imposed under section 19C or 23 were a reference to a condition imposed under section 23AE; and
(c)a reference to details given under section 18 or 22 were a reference to information notified under section 23AB; and
(d)in section 26(3), in the definition of beneficiary, paragraph (a) reads—
"(a)any person, thing, cause or class of person for which the deemed registered fundraiser intends to conduct a fundraising appeal that is notified to the Director under section 23AB;".
(3)Division 4 of Part 3 applies to a deemed registered fundraiser as if—
(a)a reference to a person who is deregistered as a fundraiser under Division 7 were a reference to an entity that is deregistered as a deemed registered fundraiser under Division 7A; and
(b)a reference to an intended beneficiary were a reference to any person, thing, cause or class of person for which the deemed registered fundraiser intends to conduct a fundraising appeal that is notified to the Director under section 23AB.
(4)Section 34 applies to a deemed registered fundraiser as if—
(a)a reference to registration obtained under this Act were a reference to a deemed registration obtained under section 23AB; and
(b)a reference to a registered fundraiser were a reference to a deemed registered fundraiser.
(5)Section 61A applies to a deemed registered fundraiser as if a reference to deregistration as a fundraiser were a reference to deregistration as a deemed registered fundraiser.
(6)Section 70A applies to a deemed registered fundraiser as if a reference to registered fundraisers were a reference to deemed registered fundraisers.
(7)Section 74 applies to a deemed registered fundraiser as if a reference to registered fundraisers were a reference to deemed registered fundraisers.
23AGSuspension of deemed registration
(1)The Director may suspend a deemed registration of a Commonwealth registered entity under section 23AB if the Director is satisfied that—
(a)the deemed registered fundraiser has contravened a provision of this Act; or
(b)the proceeds of an appeal conducted by the deemed registered fundraiser in Victoria have been mismanaged or misapplied; or
(c)the deemed registered fundraiser has paid an excessive commission or other remuneration to a collector or commercial fundraiser that administers part or all of an appeal in Victoria on behalf of the deemed registered fundraiser; or
(d)the deemed registered fundraiser has contravened a condition imposed on its deemed registration by the Director; or
(e)any other circumstances exist that justify the suspension.
(2)Before suspending a deemed registration under subsection (1), the Director—
(a)must give the deemed registered fundraiser a written notice—
(i)stating that the Director is considering whether to suspend the deemed registration and the reasons why the Director is considering doing so; and
(ii)inviting the deemed registered fundraiser to make a submission on the proposed suspension within a time specified in the notice; and
(b)must consider any submission made by the deemed registered fundraiser within the specified time.
(3)The Director must not specify a period of less than 7 days in a notice given under subsection (2)(a).
(4)If the Director decides to suspend a deemed registration of a Commonwealth registered entity after considering a submission under subsection (2)(a)(ii), the Director must give the deemed registered fundraiser a second written notice which states—
(a)that the registration of the deemed registered fundraiser is suspended and the reasons for the suspension; and
(b)when the suspension begins; and
(c)the period of the suspension; and
(d)any conditions to which the suspension is subject.
(5)A date specified under subsection (4)(b) must not be less than 28 days after the date on which the notice under subsection (4) is given to the deemed registered fundraiser.
(6)A suspension under this section remains in force until—
(a)the end of the period specified by the Director in subsection (4)(c); or
(b)the Director gives notice that the suspension has ended.
23AHAction to be taken on suspension
(1)If the Director suspends a Commonwealth registered entity's deemed registration under section 23AG, the entity must cease any fundraising activities that the entity was undertaking in Victoria immediately before the suspension took effect.
Penalty:in the case of a corporation, 240 penalty units;
in any other case, 120 penalty units or imprisonment for 12 months or both.
(2)If the Director suspends a Commonwealth registered entity's deemed registration under section 23AG, the entity must not undertake any new fundraising activities in Victoria.
Penalty:in the case of a corporation, 240 penalty units;
in any other case, 120 penalty units or imprisonment for 12 months or both.
(3)If the Director suspends a Commonwealth registered entity's deemed registration under section 23AG, the entity must give the Director an inventory of the assets of any fundraising appeal being conducted in Victoria by the entity within 3 working days after the suspension takes effect.
Penalty:in the case of a corporation, 240 penalty units;
in any other case, 120 penalty units or imprisonment for 12 months or both.
(4)If the Director suspends a Commonwealth registered entity's deemed registration under section 23AG, the entity must not, without the Director's written consent, pay out or otherwise distribute or deal with any asset obtained as a result of any fundraising appeal conducted in Victoria during the period of its deemed registration.
Penalty:in the case of a corporation, 240 penalty units;
in any other case, 120 penalty units or imprisonment for 12 months or both.
23AIDisclosure of information relating to Commonwealth registered entities
The Director may enter into an agreement with the Commissioner of the ACNC in relation to—
(a)the manner in which a Commonwealth registered entity provides information for the purposes of this Act; and
(b)the provision of information obtained under the Commonwealth ACNC Act to the Director for the purposes of this Act.'.
38All appeal money must be banked
In section 27(2)(c) of the Fundraising Act 1998, for "people" substitute "persons".
39Other records that fundraisers must keep
In section 30(1)(d)(ii) of the Fundraising Act 1998, for "people" substitute "person".
40New Division 7A of Part 3 inserted
After section 33M of the Fundraising Act 1998 insert—
"Division 7A—Deregistration of deemed registered fundraisers under this Act
33NDirector may deregister deemed registered fundraisers
(1)The Director, by written notice, may deregister a Commonwealth registered entity as a deemed registered fundraiser if the Director is satisfied that—
(a)the deemed registered fundraiser has contravened a provision of this Act; or
(b)the proceeds of an appeal conducted by the deemed registered fundraiser in Victoria have been mismanaged or misapplied; or
(c)the deemed registered fundraiser has paid an excessive commission or other remuneration to a collector or commercial fundraiser that administers part or all of an appeal in Victoria on behalf of the deemed registered fundraiser; or
(d)the deemed registered fundraiser has contravened a condition imposed on its registration by the Director; or
(e)any other circumstances exist that justify the deregistration.
(2)Before deregistering a Commonwealth registered entity as a deemed registered fundraiser under subsection (1), the Director—
(a)must give the deemed registered fundraiser a written notice—
(i)stating that the Director is considering whether to deregister the deemed registered fundraiser and the reasons why the Director is considering doing so; and
(ii)inviting the deemed registered fundraiser to make a submission on the proposed deregistration within a time specified in the notice; and
(b)must consider any submission made by the deemed registered fundraiser within the specified time.
(3)The Director must not specify a period of less than 7 days in a notice given under subsection (2)(a).
(4)If the Director decides to suspend a deemed registration of a Commonwealth registered entity after considering a submission under subsection (2)(a)(ii), the Director must give the Commonwealth registered entity a second written notice which states—
(a)that the deemed registered fundraiser is deregistered for the purposes of this Act and the reasons for the deregistration; and
(b)when the deregistration takes effect; and
(c)any conditions with which the Commonwealth registered entity must comply before the entity may give any further notice under section 23AB(1).
(5)A date specified under subsection (4)(b) must not be less than 28 days after the date on which the notice under subsection (4) is given to the Commonwealth registered entity.
33OAction to be taken on deregistration
(1)If the Director deregisters a Commonwealth registered entity under section 33N, the entity must cease any fundraising activities that the entity was undertaking in Victoria immediately before the deregistration took effect.
Penalty:in the case of a corporation, 240 penalty units;
in any other case, 120 penalty units or imprisonment for 12 months or both.
(2)If the Director deregisters a Commonwealth registered entity under section 33N, the entity must not undertake any new fundraising activities in Victoria.
Penalty:in the case of a corporation, 240 penalty units;
in any other case, 120 penalty units or imprisonment for 12 months or both.
(3)If the Director deregisters a Commonwealth registered entity under section 33N, the entity must give the Director an inventory of the assets of any fundraising appeal being conducted in Victoria by the entity within 3 working days after the suspension takes effect.
Penalty:in the case of a corporation, 240 penalty units;
in any other case, 120 penalty units or imprisonment for 12 months or both.
(4)If the Director deregisters a Commonwealth registered entity under section 33N, the entity must not, without the Director's written consent, pay out or otherwise distribute or deal with any asset obtained as a result of any fundraising appeal conducted in Victoria during the period of its deemed registration.
Penalty:in the case of a corporation, 240 penalty units;
in any other case, 120 penalty units or imprisonment for 12 months or both.
33PRestriction on further registration
(1)If the Director deregisters a Commonwealth registered entity under section 33N, the Director may prohibit the entity from giving any further notice under section 23AB(1)—
(a)for a period specified by the Director; or
(b)until the Director advises the entity in writing that the entity may give notice under section 23AB(1).
(2)For the purposes of subsection (1)(b), the Director must consider the Commonwealth registered entity's compliance with any conditions specified in section 33N(4)(c).".
41Court may make orders concerning wrongly obtained assets
In section 36(1)(b) of the Fundraising Act 1998, for "people" substitute "persons".
42Section 61D amended
(1)In the heading to section 61D of the Fundraising Act 1998, for "a" substitute "an infringement".
(2)For section 61D(1) of the Fundraising Act 1998 substitute—
"(1)An authorised officer may serve an infringement notice on a person who the authorised officer has reason to believe has committed an offence against—
(a)a provision of this Act specified in the Schedule; or
(b)a provision of this Act or the regulations prescribed as an infringement offence.".
43Judicial notice concerning authorisations
In section 70 of the Fundraising Act 1998, for "people" substitute "persons".
44Regulations
(1)In section 71(1)(b) of the Fundraising Act 1998, for "people" substitute "person".
(2)After section 71(1)(b) of the Fundraising Act 1998 insert—
"(c)prescribing infringement offences against a provision of this Act or the regulations for the purposes of section 61D;".
(3)After section 71(1)(da) of the Fundraising Act 1998 insert—
"(db)prescribing matters in relation to the registration of Commonwealth registered entities under this Act;".
(4)For section 71(2)(c) of the Fundraising Act 1998 substitute—
"(c)may prescribe infringement penalties, including different penalties for different classes of persons; and".
(5)In section 71(2)(d) of the Fundraising Act 1998, for "people" substitute "person".
45Schedule—Infringement offences
In the Schedule to the Fundraising Act 1998, after "Section 9(1)" insert "Section 9(2)".
Part 5—Amendment of Residential Tenancies Act 1997
Division 1—Amendments relating to pets
46Definitions
In section 3(1) of the Residential Tenancies Act 1997 insert the following definition—
"pet means any animal other than an assistance dog within the meaning of the Equal Opportunity Act 2010;".
47Division 5B of Part 2 inserted
Before Division 6 of Part 2 of the Residential Tenancies Act 1997 insert—
"Division 5B—Pets
71ATenant may keep a pet at rented premises with consent or Tribunal order
A tenant may keep a pet at the rented premises if—
(a)the landlord has consented in writing to the tenant keeping the pet on the premises; or
(b)the Tribunal has made an order permitting the tenant to keep the pet on the rented premises.
Note
A landlord is taken to have consented to a request to keep a pet on the rented premises unless, within 14 days of being given the request, the landlord makes an application to the Tribunal—see section 71C(2).
71BTenant's request for consent to keep pet on rented premises
(1)A tenant who requests the landlord's consent to keep a pet on the rented premises must do so in the form approved by the Director.
(2)A tenant who makes a request under subsection (1) must give the request to the landlord.
71CLandlord must not unreasonably refuse consent to keep a pet on rented premises
(1)A landlord must not unreasonably refuse to consent to the tenant keeping a pet on the rented premises.
(2)The landlord is taken to have consented to a request to the keeping of a pet on the rented premises unless, within 14 days after being given the request, the landlord applies to the Tribunal under section 71D.
71DApplication to refuse consent to keep a pet on rented premises or exclude a pet from rented premises
(1)A landlord may apply to the Tribunal for an order that it is reasonable for the landlord to refuse consent to keep the pet on the rented premises.
(2)A landlord who reasonably believes a tenant is keeping a pet on the rented premises without the landlord's consent may apply to the Tribunal for an order to exclude the pet from the rented premises.
71ETribunal orders—pets
(1)On an application under section 71D, the Tribunal may make—
(a)an order that the tenant is permitted to keep the pet on the rented premises; or
(b)if satisfied that it is reasonable to refuse consent to the keeping of the pet on the rented premises, the following—
(i)an order that it is reasonable to refuse consent to the keeping of the pet on the rented premises;
(ii)an order excluding the pet from the rented premises.
(2)In determining an application under section 71D, the Tribunal may have regard to the following matters—
(a)the type of pet the tenant proposes to keep, or is keeping, on the rented premises;
(b)the character and nature of the rented premises;
(c)the character and nature of the appliances, fixtures and fittings on the rented premises;
(d)whether refusing consent to keep the pet on rented premises is permitted under any Act;
(e)any prescribed matters;
(f)any other matter the Tribunal considers relevant.
(3)If the Tribunal makes an order excluding the pet from the rented premises, the Tribunal must specify the date on which the order takes effect.".
48New section 262AA inserted
After section 262 of the Residential Tenancies Act 1997 insert—
"262AA Notice to vacate when pet kept without consent
(1)A landlord may give a tenant a notice to vacate rented premises if—
(a)the Tribunal has made an order under section 71E excluding a pet from the rented premises; and
(b)at least 14 days have passed since the order took effect; and
(c)the tenant has not complied with the order.
(2)The notice must specify a date that is not less than 28 days after the day on which the notice is given.".
49New section 533 inserted
After section 532 of the Residential Tenancies Act 1997 insert—
"533 Transitional provision—Consumer Legislation Amendment Act 2019—pets
Division 5B of Part 2 as inserted by the Consumer Legislation Amendment Act 2019 does not apply to a tenancy agreement in existence before the commencement of that Division, unless the tenant, on or after that commencement, introduces or wishes to keep a pet at the rented premises.".
50Definitions—Residential Tenancies Amendment Act 2018
In section 5(1) of the Residential Tenancies Amendment Act 2018, the proposed definition of pet in section 3(1) of the Residential Tenancies Act 1997 is repealed.
51Section 61 of Residential Tenancies Amendment Act 2018 amended
(1)For the heading to section 61 of the Residential Tenancies Amendment Act 2018 substitute "Division 5B of Part 2 substituted".
(2)In section 61 of the Residential Tenancies Amendment Act 2018, for "After section 71 of the Principal Act insert—" substitute "For Division 5B of Part 2 of the Principal Act substitute—".
(3)In section 61 of the Residential Tenancies Amendment Act 2018, in proposed section 71E(1)(a) of the Residential Tenancies Act 1997, for "a pet" substitute "the pet".
52Division 5 of Schedule 1 amended
Clause 17 of Division 5 to Schedule 1 of the Residential Tenancies Act 1997 is repealed.
Division 2—Other amendments
53Premises used primarily as a residence
At the end of section 7 of the Residential Tenancies Act 1997 insert—
"(2)This Act does not apply to an agreement where the Director of Housing, the Secretary to the Department of Health and Human Services or a registered agency within the meaning of the Housing Act 1983 leases premises to a person or other entity who—
(a)does not reside in the premises; and
(b)uses the premises to provide residential accommodation to any other person.
(3)This Act does not apply to an agreement under which the Director of Housing leases a share in premises to the co-owner of the premises.".
54Prescribed premises and prescribed agreements
(1)Insert the following heading to section 14 of the Residential Tenancies Act 1997—
"Prescribed premises and prescribed agreements".
(2)In section 14(1) of the Residential Tenancies Act 1997, for "a tenancy" substitute "an".
(3)In section 14(2) of the Residential Tenancies Act 1997, for "a tenancy" substitute "an".
55Note to section 60 inserted
At the foot of section 60 of the Residential Tenancies Act 1997 insert—
"Note
This section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.".
56Rights of review
In section 142L(1) of the Residential Tenancies Act 1997, after "142K" insert "or 142KA".
57Section 385 repealed
Section 385 of the Residential Tenancies Act 1997 is repealed.
58Payment to Director of Housing
In section 413(2) of the Residential Tenancies Act 1997, for "Director" substitute "Authority".
59Functions of Authority
After section 431(cb) of the Residential Tenancies Act 1997 insert—
"(cc)to disclose the information (including names of persons) referred to in paragraph (ca) to the Director, for the purpose of the Director carrying out any function under this Act, whether that information was collected before, on or after the commencement of this paragraph.".
60General power of Tribunal to make determinations
After section 472(1) of the Residential Tenancies Act 1997 insert—
"(1A)Without limiting this section, the Tribunal, on an application or in a proceeding before it for a contravention of section 30E, may make any orders it thinks fit, including the following—
(a)an order terminating the tenancy agreement;
(b)an order requiring the payment of compensation to any person.
(1B)Subsection (1A)(a) applies despite the operation of section 91B.".
Part 6—Amendment of Residential Tenancies Amendment Act 2018
61Definitions
(1)In section 5(1) of the Residential Tenancies Amendment Act 2018, after paragraph (a)(ii) of the proposed definition of duty provision in section 3(1) of the Residential Tenancies Act 1997, insert—
"(iii)any provision of Division 5A of Part 2; or".
(2)In section 5(1) of the Residential Tenancies Amendment Act 2018, in the proposed definition of efficiency rating system in section 3(1) of the Residential Tenancies Act 1997, for "181" substitute "129(4), 164(1), 181, 188(3), 188A(3)".
(3)In section 5(2) of the Residential Tenancies Amendment Act 2018 omit "standard form tenancy agreement,".
62New Division 1B and Division 1C of Part 2 inserted
(1)In section 21 of the Residential Tenancies Amendment Act 2018, at the foot of proposed section 30B of the Residential Tenancies Act 1997 insert—
"Penalty:60 penalty units in the case of a natural person;
300 penalty units in the case of a body corporate.".
(2)In section 21 of the Residential Tenancies Amendment Act 2018, at the foot of proposed section 30C of the Residential Tenancies Act 1997 insert—
"Penalty:60 penalty units in the case of a natural person;
300 penalty units in the case of a body corporate.".
(3)In section 21 of the Residential Tenancies Amendment Act 2018, in proposed section 30D(d) of the Residential Tenancies Act 1997 omit "operator of the".
(4)In section 21 of the Residential Tenancies Amendment Act 2018, at the foot of proposed section 30D of the Residential Tenancies Act 1997 insert—
"Penalty:60 penalty units in the case of a natural person;
300 penalty units in the case of a body corporate.".
(5)In section 21 of the Residential Tenancies Amendment Act 2018, at the foot of proposed section 30E of the Residential Tenancies Act 1997 insert—
"Note
Section 472(1A) provides for orders that the Tribunal may make on an application or in proceedings in respect of a contravention of this section.".
63Not more than one bond is payable in respect of continuous occupation
(1)In section 23(1)(b) of the Residential Tenancies Amendment Act 2018, for '"renter".' substitute '"renter";'.
(2)After section 23(1)(b) of the Residential Tenancies Amendment Act 2018 insert—
'(c)for section 34(1)(a) of the Principal Act substitute—
"(a)has paid a bond for the initial residential rental agreement under which the amount of rent payable for one week does not exceed the amount prescribed for the purposes of section 31; and".'.
64Section 54 amended
(1)After section 41(2)(a) of the Residential Tenancies Amendment Act 2018 insert—
'(ab)for "water supplied" substitute "water, electricity or gas supplied";'.
(2)In section 41(2)(b) of the Residential Tenancies Amendment Act 2018, after "above a" insert "prescribed level of".
65Section 69 amended
(1)For section 57(1) of the Residential Tenancies Amendment Act 2018 substitute—
'(1)In the heading to section 69 of the Principal Act—
(a)for "Landlord" substitute "Residential rental provider";
(b)omit "water".'.
(2)In section 57(2)(c) of the Residential Tenancies Amendment Act 2018, after "above a" insert "prescribed level of".
66Urgent repairs
In section 63(3) of the Residential Tenancies Amendment Act 2018, in proposed section 72(3) of the Residential Tenancies Act 1997, after "above a" insert "prescribed level of".
67Statute law revision
In section 75(4)(b) of the Residential Tenancies Amendment Act 2018, for "or the landlord's" substitute "or landlord's".
68Urgent repairs
In section 109(3) of the Residential Tenancies Amendment Act 2018, in proposed section 129(4) of the Residential Tenancies Act 1997, after "above a" insert "prescribed level of".
69New Divisions 1A and 1B inserted in Part 4
In section 129 of the Residential Tenancies Amendment Act 2018, in proposed section 145E(1)(d) of the Residential Tenancies Act 1997, before "details" insert "prescribed".
70Owner's responsibility for charges for supply to non-complying appliances
(1)In section 143 of the Residential Tenancies Amendment Act 2018, after "above a" insert "prescribed level of".
(2)At the end of section 143 of the Residential Tenancies Amendment Act 2018 insert—
'(2)In section 164(1) of the Principal Act, after "cost of water" insert ", gas or electricity".'.
71Caravan park rules
In section 158(1) of the Residential Tenancies Amendment Act 2018, for '(3)"' substitute '(3), a caravan"'.
72Statute law revision
In section 159(2) of the Residential Tenancies Amendment Act 2018, for "186(1)" substitute "186(2)".
73Section 181 amended
(1)After section 154(1) of the Residential Tenancies Amendment Act 2018 insert—
'(1A)In section 181 of the Principal Act, after "supplies water" insert ", gas or electricity".'.
(2)In section 154(2) of the Residential Tenancies Amendment Act 2018, after "above a" insert "prescribed level of".
74Urgent repairs to caravans
In section 160(2) of the Residential Tenancies Amendment Act 2018, in proposed section 188(3) of the Residential Tenancies Act 1997, after "above a" (where twice occurring) insert "prescribed level of".
75New section 188A inserted
In section 161 of the Residential Tenancies Amendment Act 2018, in proposed section 188A(3) of the Residential Tenancies Act 1997—
(a)for "an efficiency" (where first occurring) substitute "a prescribed efficiency";
(b)for "an efficiency" (where secondly occurring) substitute "the efficiency";
(c)after "above a" (where twice occurring) insert "prescribed level of".
76New Division 9 of Part 4 inserted
(1)In the heading to section 176 of the Residential Tenancies Amendment Act 2018, for "9" substitute "7A".
(2)In section 176 of the Residential Tenancies Amendment Act 2018, for "206A" substitute "198".
(3)In section 176 of the Residential Tenancies Amendment Act 2018, in the heading to proposed Division 9 of Part 4 of the Residential Tenancies Act 1997, for "9" substitute "7A".
(4)In section 176 of the Residential Tenancies Amendment Act 2018, in the heading to proposed section 206BAA of the Residential Tenancies Act 1997, for "206BAA" substitute "198A".
(5)In section 176 of the Residential Tenancies Amendment Act 2018, in the heading to proposed section 206BAB of the Residential Tenancies Act 1997, for "206BAB" substitute "198B".
77New Divisions 1A and 1B inserted in Part 4A
In section 183 of the Residential Tenancies Amendment Act 2018, in proposed section 206JF(1)(e) of the Residential Tenancies Act 1997, before "details" insert "prescribed".
78Not more than one bond is payable in respect of continuous occupation
At the end of section 185 of the Residential Tenancies Amendment Act 2018 insert—
'(2)For section 206N(a) of the Principal Act substitute—
"(a)has paid a bond for the initial site agreement under which the amount of rent payable for one week does not exceed the prescribed amount; and".'.
79New Division 7A inserted in Part 4A
In section 216 of the Residential Tenancies Amendment Act 2018, in proposed section 206ZZAA(3) of the Residential Tenancies Act 1997, after "above a" (where twice occurring) insert "prescribed level of".
80Section 227 substituted
For section 227 of the Residential Tenancies Amendment Act 2018 substitute—
'227 Breach of duty notice
(1)In section 208(2)(b) of the Principal Act, for "damage" substitute "damage, if any,".
(2)In section 208(2)(c) of the Principal Act—
(a)in subparagraph (i), for "possible; or" substitute "possible; and";
(b)in subparagraph (ii), for "owed;" substitute "owed, if the breach has resulted in loss or damage to that person;".
(3)At the foot of section 208(2)(f) of the Principal Act insert—
"Note
Section 506(1)(da) provides that a document to be served on or given to a person under this Act may be served or given by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.".'.
81New sections 211A and 211B inserted
In section 232 of the Residential Tenancies Amendment Act 2018, in the note at the foot of proposed section 211A(3) of the Residential Tenancies Act 1997, for "242" substitute "91ZH".
82New Division 9 of Part 2 inserted
(1)In section 236 of the Residential Tenancies Amendment Act 2018, in proposed section 91ZB(1)(a) of the Residential Tenancies Act 1997, for "91ZZD" substitute "91ZZD, 91ZZDA".
(2)In section 236 of the Residential Tenancies Amendment Act 2018, in proposed section 91ZM(7) of the Residential Tenancies Act 1997, in the definition of occasion of non‑payment of rent, for "is given a notice to vacate under this section for owing" substitute "owes".
(3)In section 236 of the Residential Tenancies Amendment Act 2018, after proposed section 91ZZD of the Residential Tenancies Act 1997 insert—
"91ZZDA End of fixed term residential rental agreement of more than 5 years
(1)A residential rental provider under a fixed term residential rental agreement for a fixed term of more than 5 years, before the end of the term of the residential rental agreement, may give the renter a notice to vacate the rented premises at the end of the initial fixed term.
(2)The notice must specify a termination date that is on or after the date of the end of the initial fixed term.
(3)The notice must be given—
(a)not less than the prescribed period before the end of the initial fixed term; or
(b)if no period has been prescribed under paragraph (a), 90 days before the end of the initial fixed term.
(4)In this section—
initial fixed term includes any extension of the initial fixed term agreed to by the residential rental provider and the renter under the residential rental agreement.".
(4)In section 236 of the Residential Tenancies Amendment Act 2018, in proposed section 91ZZI(1) and (2) of the Residential Tenancies Act 1997, for "91ZZD" substitute "91ZZD, 91ZZDA".
(5)In section 236 of the Residential Tenancies Amendment Act 2018, in proposed section 91ZZI(4), (5)(a) and (5)(b) of the Residential Tenancies Act 1997, for "91ZZD" substitute "91ZZD or 91ZZDA".
83New section 240A inserted
After section 240 of the Residential Tenancies Amendment Act 2018 insert—
"240A Consequential amendments arising from repeal of Part 6
On the coming into operation of an item in Schedule 1, each provision of the Principal Act, or each heading of a provision of the Principal Act, specified in that item is amended as set out in the item.".
84Manager may give person notice to leave—serious acts of violence
In section 255 of the Residential Tenancies Amendment Act 2018, in proposed section 368(2A)(b) of the Residential Tenancies Act 1997, for "commit" substitute "to commit".
85Section 411 substituted
(1)In section 286 of the Residential Tenancies Amendment Act 2018, in the penalty at the foot of proposed section 411(5) of the Residential Tenancies Act 1997, for 'units.".' substitute "units.".
(2)In section 286 of the Residential Tenancies Amendment Act 2018, at the foot of proposed section 411 of the Residential Tenancies Act 1997 insert—
'Note
Section 506(1)(da) provides that a document to be served on or given to a person under this Act may be served or given by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.".'.
86Section 411A substituted and sections 411AB, 411AC, 411AD and 411AE inserted
(1)In section 287 of the Residential Tenancies Amendment Act 2018, at the foot of proposed section 411A of the Residential Tenancies Act 1997 insert—
"Note
Section 506(1)(da) provides that a document to be served on or given to a person under this Act may be served or given by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.".
(2)In section 287 of the Residential Tenancies Amendment Act 2018, in proposed section 411AD(1) of the Residential Tenancies Act 1997, for "notice" substitute "notice, in a form approved by the Authority,".
87Further consequential amendments of Division 2 of Part 1
Section 342(13) and (14) of the Residential Tenancies Amendment Act 2018 is repealed.
88Statute law revision
In section 365(1) of the Residential Tenancies Amendment Act 2018, in paragraph (e) of the proposed definition of residential rental provider in section 3(1) of the Residential Tenancies Act 1997, for "(d)." substitute "(d);".
89Consequential amendments of Part 11
After section 366(1) of the Residential Tenancies Amendment Act 2018 insert—
'(1A)In section 472(1A)(a) of the Principal Act, for "tenancy" substitute "residential rental".'.
90Schedule 1 inserted
After Part 20 of the Residential Tenancies Amendment Act 2018 insert—
'Schedule 1—Consequential amendments arising from repeal of Part 6 of Principal Act
Section 240A
1In section 39, for "242" substitute "91ZH".
2In section 199(c), for "301" substitute "206AP".
3In section 200(b), for "301" substitute "206AP".
4In section 206ZZI(1)(c), for "317W" substitute "207V".
5In section 206ZZI(2)(c), for "317W" substitute "207V".
6In section 208(2)(e)(ii), for "240 or 317V" substitute "91ZF or 207U".
7In section 208(2)(e)(iii), for "249, 283, 308 or 317ZB" substitute "91ZP, 142ZH, 206AX or 207ZB".
8In section 214A(1), for "317E or section 317I" substitute "207D or 207H".
9In the heading to section 323A, for "289A" substitute "142ZO".
10In section 323A, for "289A" (where twice occurring) substitute "142ZO".
11In section 325(4)(a), for "317ZI" substitute "207ZI".
12In section 330(1)(a)(i), (c) and (e), for "289A" substitute "142ZO".
13In section 331(1)(a)(i), for "246" substitute "91ZM".
14In section 331(1)(a)(ii), for "281" substitute "142ZF".
15In section 331(1)(a)(iii), for "305 or 306" substitute "206AU or 206AV".
16In section 332(1)(a), for "248, 282, 307 or 317U" substitute "91ZO, 142ZG, 206AW or 207ZA".
17In section 333(1)(a)(iia), for "289A" substitute "142ZO".
18In section 333(1A), for "289A" substitute "142ZO".
19In section 358(1), for "289A" substitute "142ZO".
20In the heading to section 377A, for "244, 279, 303 or 317Y" substitute "91ZJ, 142ZC, 206AR or 207X".
21In section 377A(a), for "244" substitute "91ZJ".
22In section 377A(b), for "279" substitute "142ZC".
23In section 377A(c), for "303" substitute "206AR".
24In section 377A(d), for "317Y" substitute "207X".
25In section 390, for "301" substitute "206AP".
26In section 390A, for "317W" substitute "207V".
27In section 439E(1)(b), for "243, 244, 246, 248, 250, 253, 278, 279, 281, 282, 284, 302, 303, 305, 307, 309, 317X, 317Y, 317ZA, 317ZC or 317ZD" substitute "91ZI, 91ZJ, 91ZM, 91ZO, 91ZQ, 91ZV, 142ZB, 142ZC, 142ZF, 142ZG, 142ZI, 206AQ, 206AR, 206AU, 206AW, 206AY, 207W, 207X, 207ZA, 207ZC or 207ZD".
28In section 479(1)(ab), for "321C" substitute "91ZZT, 142ZY or 206AZN".'.
Part 7—Amendment of Residential Tenancies Act 1997 and Residential Tenancies Amendment Act 2018—Solar Homes Program
Division 1—Amendments of Residential Tenancies Act 1997
91Definitions—section 3
In section 3(1) of the Residential Tenancies Act 1997 insert the following definitions—
"solar energy system means—
(a)solar photovoltaic system;
(b)solar hot water system;
(c)solar battery system;
(d)any combination of a system or systems referred to in paragraphs (a) to (c);
(e)any ancillary equipment related to a system referred to in paragraphs (a) to (d);
Solar Homes Program means the program administered by the Minister administering section 8 of the Renewable Energy (Jobs and Investment) Act 2017 under which rebates or loans or both rebates and loans are provided for the installation of any solar energy system;".
92Tenant's liability for various utility charges
In section 52 of the Residential Tenancies Act 1997, for "A tenant" substitute "Subject to section 53AA, a tenant".
93Landlord's liability for various utility charges
In section 53(1) of the Residential Tenancies Act 1997, for "A landlord" substitute "Subject to section 53AA, a landlord".
94New section 53AA inserted
After section 53 of the Residential Tenancies Act 1997 insert—
"53AA Agreements relating to installation of solar energy system
(1)A landlord and tenant may enter an agreement under which the tenant is liable for an amount in relation to the costs and charges for the installation of a solar energy system under the Solar Homes Program for the rented premises.
(2)An agreement under subsection (1) must be consistent with the Solar Homes Program.".
95Application by landlord on other grounds
After section 419(1) of the Residential Tenancies Act 1997 insert—
"(2)A landlord is not entitled to claim an amount of bond for an amount owing or payable to the landlord under an agreement referred to in section 53AA.".
Division 2—Amendment of Residential Tenancies Amendment Act 2018
96Section 52 substituted
In section 38 of the Residential Tenancies Amendment Act 2018, in proposed section 52 of the Residential Tenancies Act 1997, for "A renter" substitute "Subject to section 53AA, a renter".
97New sections 53A and 53B inserted
In section 40 of the Residential Tenancies Amendment Act 2018, for "After section 53" substitute "Before section 54".
98Matters that may be the subject of bond claim
In section 287 of the Residential Tenancies Amendment Act 2018, at the end of proposed section 411AB of the Residential Tenancies Act 1997 insert—
"(2)A residential rental provider is not entitled to claim an amount of bond for an amount owing or payable to the residential rental provider under an agreement referred to in section 53AA.".
99Consequential amendments of Division 4 of Part 2
Before section 347(1) of the Residential Tenancies Amendment Act 2018 insert—
'(1AA)In section 53AA(1) of the Principal Act—
(a)for "landlord" substitute "residential rental provider";
(b)for "tenant" (where twice occurring) substitute "renter".'.
Part 8—Amendment of Sex Work Act 1994
Division 1—Amendment of Sex Work Act 1994
100Register for businesses to which section 23 applies
After section 24(3) of the Sex Work Act 1994 insert—
"(3A)The register referred to in subsection (2) is an exempt document within the meaning of section 5(1) of the Freedom of Information Act 1982 to which section 38 of that Act applies.
Note
Section 87(2) provides that a person must not record or divulge information in the register referred to in subsection (2).".
101Secrecy
(1)For section 87(1)(c) of the Sex Work Act 1994 substitute—
"(c)any person employed under Part 3 of the Public Administration Act 2004;
(d)the Chairperson, Deputy Chairperson and any other member of the Business Licensing Authority, appointed under section 5(1) of the Business Licensing Authority Act 1998;
(e)any other person whose services are being made use of by the Advisory Committee.".
(2)For section 87(2) of the Sex Work Act 1994 substitute—
"(2)A person bound by this section must not directly or indirectly, except in the exercise of powers or performance of functions under or in connection with this Act, make a record of, or divulge to any person—
(a)any information that concerns a person and is acquired in the exercise of those powers or performance of those functions; or
(b)any information in the register referred to in section 24(2), whether or not that information concerns a person.
Penalty:60 penalty units.
(2A)A police officer does not commit an offence against subsection (2) if the police officer records or divulges to any person any information that is in the register referred to in section 24(2), whether or not that information concerns a person, if the recording or divulging is carried out in the performance of duties by the police officer under or in connection with any Act.".
Division 2—Consequential amendment of Business Licensing Authority Act 1998
102Secrecy
After section 18(1) of the Business Licensing Authority Act 1998 insert—
"(1A)This section does not apply to conduct which constitutes an offence against section 87(2) of the Sex Work Act 1994.".
Part 9—Repeal of this Act
103Repeal of this Act
This Act is repealed on 31 August 2021.
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: 12 September 2019
Legislative Council: 17 October 2019
The long title for the Bill for this Act was "A Bill for an Act to amend the Australian Consumer Law and Fair Trading Act 2012, the Domestic Building Contracts Act 1995, the Fundraising Act 1998, the Residential Tenancies Act 1997, the Residential Tenancies Amendment Act 2018 and the Sex Work Act 1994 and for other purposes."
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