Consumer Legislation Amendment Act 2025 (Vic)
Consumer Legislation Amendment Act 2025
No. 46 of 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Residential Tenancies Act 1997
Division 1—Amendments in relation to transfer of bond scheme
3Definitions
4Definitions
5New Division 3A of Part 10 inserted
6Residential Bonds Investment Income Account
7Regulations
8Schedule 1A amended
Division 2—Amendments in relation to evidence requirements for certain bond claims
9Definitions
10Claims for rental bonds
11Person with interest in claim for bond may apply to Tribunal for bond repayment order
12Schedule 1A amended
Division 3—Amendments in relation to application and rent payment fees
13Section 51A substituted
14Schedule 1A amended
Division 4—Amendments in relation to minimum energy efficiency standards
15Definitions
16New sections 65C and 65D inserted
17Residential rental provider's duty to comply with safety-related repairs and maintenance requirements
18New section 68C inserted
19New section 142BAA inserted
20Schedule 1—Transitional provisions
21Schedule 1A amended
Division 5—Other amendments
22Statute law revisions
Part 3—Amendment of Australian Consumer Law and Fair Trading Act 2012
23New Part 5.3 inserted
24Functions of the Director
25Regulations
Part 4—Amendment of Estate Agents Act 1980
26New section 37M inserted
27Regulations
28Statute law revisions
Part 5—Amendment of Owners Corporations Act 2006
29New section 198C inserted
30Regulation-making powers
31Statute law revisions
Part 6—Amendment of Conveyancers Act 2006
32New section 46B inserted
33Regulations
34Statute law revisions
Part 7—Repeal of this Act
35Repeal of this Act
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Endnotes
1 General information
Consumer Legislation Amendment Act 2025
No. 46 of 2025
[Assented to 25 November 2025]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are—
(a)to amend the Residential Tenancies Act 1997—
(i)to provide for a transfer of bond scheme; and
(ii)to provide for certain evidence requirements in relation to claims for the repayment of bonds to residential rental providers; and
(iii)to broaden the prohibition on certain application and rent payment fees; and
(iv)to further provide for matters in relation to gas and electrical safety checks ; and
(v)to further provide for record keeping requirements in relation to rental minimum standards; and
(b)to amend the Australian Consumer Law and Fair Trading Act 2012—
(i)to provide for the confirmation of fuel retailers; and
(ii)to provide for the mandatory reporting of fuel prices by confirmed fuel retailers; and
(c)to amend the Estate Agents Act 1980, the Owners Corporations Act 2006 and the Conveyancers Act 2006—
(i)to provide for the approval of mandatory continuing professional development activities; and
(ii)to provide for regulation-making powers in relation to continuing professional development providers; and
(d)to make other minor and consequential amendments to those Acts.
2Commencement
(1)This Part and Parts 4, 5 and 6 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 of this Act does not come into operation before 13 October 2026, it comes into operation on that day.
PART 2—AMENDMENT OF RESIDENTIAL TENANCIES ACT 1997
Division 1—Amendments in relation to transfer of bond scheme
3Definitions
In section 3(1) of the Residential Tenancies Act 1997 insert—
"debt collection agency means a person that provides debt collection services on a commercial basis;
first residential rental agreement means, in relation to an application under section 423F, the residential rental agreement for which the Authority holds an amount of bond paid by the renter that the renter has requested to transfer;
first residential rental provider means, in relation to an application under section 423F, the residential rental provider under the first residential rental agreement;
payment plan, in Division 3A of Part 10, means a payment plan under section 423S;
RDRV proceeding has the same meaning as it has in section 3 of the Victorian Civil and Administrative Tribunal Act 1998;
Residential Bonds Investment Income Account means the account established under section 436(1);
second residential rental agreement means, in relation to an application under section 423F, the residential rental agreement in relation to which the renter has requested an amount of transferred bond to be held by the Authority;
second residential rental provider means, in relation to an application under section 423F, the residential rental provider under the second residential rental agreement;
specified bond claim means a claim made to the Authority under section 411 for the repayment of a bond—
(a)by a renter or that person's agent—
(i)for repayment of the bond to the residential rental provider; or
(ii)for apportionment of the bond as repayments to the renter and the residential rental provider; or
(b)jointly by a residential rental provider and a renter (or either of those person's agents)—
(i)for repayment of the bond to the residential rental provider; or
(ii)for apportionment of the bond as repayments to the renter and the residential rental provider;
transfer of bond guidelines means guidelines issued under section 423D;
transfer of bond scheme means the scheme in Division 3A of Part 10;".
4Definitions
(1)In section 404 of the Residential Tenancies Act 1997, in the definition of renter, for "renter" substitute "renter, other than in Division 3A,".
(2)In section 404 of the Residential Tenancies Act 1997, in the definition of residential rental agreement, for "agreement" substitute "agreement, other than in Division 3A,".
(3)In section 404 of the Residential Tenancies Act 1997, in the definition of residential rental provider, for "provider" substitute "provider, other than in Division 3A,".
5New Division 3A of Part 10 inserted
After section 423 of the Residential Tenancies Act 1997 insert—
"Division 3A—Transfer of bond scheme
Subdivision 1—Preliminary
423AFunctions of Secretary
The Secretary has the following functions in relation to the transfer of bonds under this Division—
(a)to administer the transfer of bonds;
(b)to assess the eligibility of renters who have applied for the transfer of bonds;
(c)to direct the Authority to transfer bonds that are held by the Authority in relation to certain residential rental agreements to be held in relation to other residential rental agreements;
(d)to direct the Authority to pay claims for repayments of bonds in relation to residential rental agreements after the bonds have been transferred;
(e)to recover debts due to the State under this Division, including by the referral of debts to debt collection agencies;
(f)to issue guidelines.
423BGeneral powers of Secretary
The Secretary has power to do all things that are necessary or convenient to be done for or in connection with, or incidental to, the performance of the Secretary's functions under this Division.
423CDelegation
The Secretary, by instrument, may delegate any of the Secretary's functions and powers under this Division, other than this power of delegation, to any person employed under Part 3 of the Public Administration Act 2004.
423DTransfer of bond guidelines
(1)The Secretary may from time to time issue guidelines in relation to—
(a)the administrative process, manner and conduct for recovery of debts due to the State under this Division, including payment plans; and
(b)the hardship criteria for write-off of debts by the Secretary under this Division; and
(c)eligibility to enter payment plans.
(2)Guidelines issued under subsection (1) must not—
(a)be inconsistent with this Act or regulations made under this Act; and
(b)extend, change or limit any other Act or law.
(3)The Secretary must publish guidelines issued under subsection (1) on the Internet site of the Department.
423EAuthority may recover bank fees related to transfer of bond
The Authority may recover from a renter any bank fees incurred by the Authority in relation to—
(a)the transfer of the renter's bond; or
(b)the payment of a claim for the repayment of a bond under section 423P or 423Q.
Subdivision 2—Transfer of bond
423FRenter may apply for transfer of bond
(1)A renter may apply to the Secretary for a transfer of bond under this Division.
(2)An application under subsection (1) must be in the form approved by the Secretary.
(3)An application under subsection (1) must be accompanied by—
(a)the prescribed application fee; and
(b)if, after the proposed transfer of bond, there would be an outstanding amount of bond payable by the renter in relation to the second residential rental agreement, that outstanding amount of bond.
(4)The Secretary may require the applicant to provide any further information that the Secretary thinks fit in the manner required by the Secretary.
423GDecision about application for transfer of bond
(1)The Secretary may—
(a)give a written direction to the Authority to transfer an amount of bond it holds in relation to a first residential rental agreement to be held by the Authority in relation to the second residential rental agreement, if, on receiving an application under section 423F, the Secretary is satisfied that—
(i)the application meets the requirements of that section; and
(ii)the eligibility requirements specified in subsection (2) are met; or
(b)refuse to direct the Authority to transfer the amount of bond if—
(i)the Secretary is not so satisfied; or
(ii)the applicant does not provide further information required by the Secretary under section 423F(4) within a reasonable time of the requirement being made.
(2)For the purposes of subsection (1)(a)(ii), the specified eligibility requirements are that—
(a)the Authority holds an amount of bond in relation to a first residential rental agreement under which the applicant is a renter; and
(b)the applicant proposes that the bond is to be held by the Authority in relation to the second residential rental agreement; and
(c)no part of that bond was paid on behalf of the applicant by Homes Victoria or an agent of Homes Victoria; and
(d)the renter is the same person as the renter specified on the bond lodgement form for the amount of bond held in relation to the first residential rental agreement; and
(e)the bond is not subject to a claim under section 411; and
(f)the applicant has entered the second residential rental agreement but has not paid the bond under that agreement; and
(g)the applicant does not owe a debt to the State under this Division; and
(h)any other prescribed requirements are met by the applicant.
(3)The Secretary must give written notice of a decision under subsection (1) to the applicant as soon as practicable after the decision is made.
(4)If the Secretary has received an outstanding amount of bond under section 423F(3)(b), the Secretary must give the amount of bond to the Authority as soon as practicable after receiving it for payment into the Residential Bonds Account.
(5)The Authority must comply with a written direction under subsection (1).
423HNotice of bond transfer
The Secretary, as soon as practicable after the transfer of an amount of bond on a written direction under section 423G(1), must give written notice of the transfer to—
(a)the renter; and
(b)the second residential rental provider.
423IBond lodgement form—transferred bond
(1)After a second residential rental provider receives notice under section 423H, the second residential rental provider must—
(a)complete a bond lodgement form, in the form approved by the Authority, for the full amount of bond; and
(b)give the completed bond lodgement form to the renter to sign.
(2)As soon as practicable after receiving the completed bond lodgement form under subsection (1), the renter must—
(a)sign the completed bond lodgement form; and
(b)give the signed bond lodgement form to the second residential rental provider.
423JSecond residential rental provider must give copy of bond lodgement form to renter
A second residential rental provider must give a copy of the signed bond lodgement form to the renter within 10 days after receiving the signed bond lodgement form from the renter.
Penalty:25 penalty units in the case of a natural person;
125 penalty units in the case of a body corporate.
423KSecond residential rental provider must give bond lodgement form to Authority
A second residential rental provider must give the signed bond lodgement form to the Authority within 10 days after receiving the form from the renter.
Penalty:25 penalty units in the case of a natural person;
125 penalty units in the case of a body corporate.
423LRefund of bond paid
After the Authority has transferred an amount of bond on a written direction under section 423G(1), the Secretary may give a written direction to the Authority to refund any surplus amount of bond paid by the renter in relation to the second residential rental agreement to the renter.
423MReturn of bond if second residential rental agreement is invalid, etc.
(1)Subject to subsection (2), the Secretary may give a written direction to the Authority to repay an amount of bond paid by the renter in relation to a second residential rental agreement if the Secretary receives written notice from the Authority of either of the following circumstances—
(a)the second residential rental agreement is invalid under this Act;
(b)the second residential rental agreement is terminated.
(2)If the Secretary receives written notice under subsection (1), the Secretary may apply the amount of bond referred to in that subsection to any debt due to the State by the renter under section 423Z(1) by payment into the Residential Bonds Investment Income Account.
423NRefund of application fee in certain circumstances
(1)The Secretary must refund an application fee paid by an applicant under section 423F(3) to the applicant if—
(a)the Secretary refuses to direct the Authority to transfer the amount of bond under section 423G(1); or
(b)the second residential rental agreement is invalid under this Act and the bond is repaid to the applicant under section 423M; or
(c)the second residential rental agreement is terminated before the rented premises is occupied by the applicant.
(2)The refund of an application fee under subsection (1) must be paid out of the Residential Bonds Investment Income Account.
Subdivision 3—Payment of bond claims after transfer of bond—first residential rental agreement
423OAuthority to notify Secretary of bond claim
(1)The Authority, as soon as practicable after transferring an amount of bond on a written direction under section 423G(1), must give written notice to the Secretary of a specified bond claim in relation to the first residential rental agreement.
(2)A notice under subsection (1) must specify whether or not section 411AD applies to the claim specified in the notice.
423PSecretary may direct payment of specified bond claims
(1)The Secretary may give a written direction to the Authority to pay a specified bond claim in relation to a first residential rental agreement from the Residential Bonds Investment Income Account to the first residential rental provider, if—
(a)the Authority has transferred an amount of bond on a written direction under section 423G(1) that was held in relation to the first residential rental agreement; and
(b)the specified bond claim is not subject to an application to the Tribunal.
(2)The payment of a specified bond claim on a written direction under subsection (1) is an amount due to the State by the renter.
(3)Despite the transfer of an amount of bond on a written direction under section 423G(1), the payment of a specified bond claim under subsection (1) is taken to be repayment of the amount of bond.
423QSecretary may direct payment of disputed bond claims
(1)Subject to subsection (2), the Secretary may give a written direction to the Authority to pay a claim for the repayment of a bond in relation to a first residential rental agreement from the Residential Bonds Investment Income Account to the first residential rental provider, if—
(a)the Authority has transferred an amount of bond on a written direction under section 423G(1) that was held in relation to the first residential rental agreement; and
(b)the claim was made for repayment of the bond under section 411; and
(c)the claim is subject to an application to the Tribunal.
Note
See sections 419A and 420A.
(2)The Secretary must not give a written direction under subsection (1) until the claim is—
(a)finally determined by an order of the Tribunal or a court, including in any appeal proceeding; or
(b)settled by a settlement agreement in relation to an RDRV proceeding.
(3)A written direction under subsection (1) must specify payment of the claim in accordance with either of the following (as the case may be)—
(a)the order of the Tribunal;
(b)the settlement agreement in relation to an RDRV proceeding.
(4)The payment of a claim on a written direction under subsection (1) is an amount due to the State by the renter.
(5)The payment of a claim on a written direction under subsection (1) is satisfaction of the amount of bond to be repaid under either of the following (as the case may be)—
(a)the order of the Tribunal;
(b)the settlement agreement in relation to the RDRV proceeding.
(6)Despite the transfer of an amount of bond on a written direction under section 423G(1), the payment of a claim under subsection (1) is taken to be repayment of the amount of bond.
423RNotice of payment of bond claim
(1)On the payment of a claim on a written direction under section 423P(1) or 423Q(1), the Secretary must give written notice of the following to the renter—
(a)the payment;
(b)the amount due to the State by the renter under section 423P(2) or 423Q(4) (as the case may be);
(c)that the amount due is a debt due to the State under section 423Z(1).
(2)A notice under subsection (1) must specify that the renter must repay the amount due to the State to the Secretary within the later of—
(a)8 weeks after receiving the notice; or
(b)if the renter enters a payment plan in relation to the debt due to the State, the due date specified in the payment plan.
Subdivision 4—Payment plans
423SPayment plans available in certain circumstances
(1)The Secretary may offer a payment plan to a renter who—
(a)owes a debt to the State under section 423Z(1); and
(b)meets the eligibility criteria for a payment plan specified in the transfer of bond guidelines.
(2)A renter who owes a debt to the State under section 423Z(1) may make a written application to the Secretary to enter a payment plan with the renter.
(3)An application under subsection (2) must be in the form approved by the Secretary.
(4)The Secretary may refuse an application under subsection (2) if the Secretary is not satisfied that the renter meets the eligibility criteria in the transfer of bond guidelines.
(5)If the Secretary refuses to offer a payment plan to a renter under this section, the Secretary must give the renter written notice of the refusal as soon as practicable after the refusal decision is made.
423TPayment plans
(1)A payment plan may provide for the payment of a debt due to the State by a renter under section 423Z(1)—
(a)by instalments; or
(b)by an extension of time to pay; or
(c)by both instalments and an extension of time to pay.
(2)The Secretary must pay any amount received under a payment plan into the Residential Bonds Investment Income Account.
423UCommencement and term of payment plans
(1)A payment plan commences when the Secretary receives the first payment by its due date in accordance with the proposed payment plan from the renter to whom that plan was offered.
(2)The renter must pay the total amount specified in the payment plan by the earlier of—
(a)the due date specified in the payment plan; or
(b)if there is no due date specified in the payment plan, 8 weeks after the day on which the payment plan commenced.
423VVariation of payment plan—request by renter
(1)A renter to whom a payment plan applies may apply to the Secretary for a variation of the terms of the payment plan.
(2)The Secretary may vary the terms of a payment plan.
(3)A renter who applies for a variation under subsection (1) must continue to comply with the current terms of a payment plan pending a decision by the Secretary to vary those terms or refuse the application.
(4)The Secretary must give written notice to the applicant of the Secretary's decision to vary the payment plan or to refuse the application for variation as soon as practicable after the decision is made.
(5)If a variation is refused by the Secretary, the terms of the payment plan continue as they applied before the application for variation.
423WVariation of payment plan—debt write-off
(1)The Secretary may vary the terms of a payment plan if the Secretary has written off a part or the whole of the debt due to the State by a renter to whom the plan relates.
(2)The Secretary must give written notice to the renter of a variation of the payment plan under subsection (1) as soon as practicable after the variation.
423XAddition of fees and recovery costs to payment plan
(1)The Secretary may vary the terms of a payment plan if the amount of debt due to the State by the renter to whom the plan relates changes as a result of any fees, charges and costs being added to the debt under section 423Z(2).
(2)The Secretary must give written notice to the renter of a variation of the payment plan under subsection (1) as soon as practicable after the variation.
423YPayment plan cancellations
(1)A renter to whom a payment plan applies may make a written request to the Secretary to cancel the plan.
(2)On the cancellation of a payment plan, the Secretary must—
(a)apply any payment under the payment plan to the debt due to the State by the renter under section 423Z(1) by payment into the Residential Bonds Investment Income Account; and
(b)if the renter has repaid the debt due to the State, refund the renter any surplus amount paid under the payment plan by payment out of the Residential Bonds Investment Income Account.
Subdivision 5—Recovery and write-off of debt to State
423ZSecretary may recover payment of bond claim as debt due to State
(1)An amount due to the State by the renter under section 423P(2) or 423Q(4) is a debt due to the State and is recoverable by the Secretary in a court of competent jurisdiction.
(2)A debt under subsection (1) includes—
(a)fees and charges (other than bank fees) incurred by the Secretary in relation to the payment of a claim of an amount of bond; and
(b)any additional fees and costs that have been added to the debt as recovery costs under this Act or regulations made under this Act.
(3)The Secretary may take any prescribed debt recovery action to recover a debt referred to in subsection (1).
(4)The Secretary may give any person employed under Part 3 of the Public Administration Act 2004 a written direction to take any prescribed debt recovery action to recover a debt referred to in subsection (1).
(5)Any debt recovery action taken under subsection (3) or (4) must not be taken—
(a)within 8 weeks after the renter receives a notice under section 423R(1) in relation to the debt; or
(b)in the case of a debt to which a payment plan applies, before the renter has failed to comply with the terms of the payment plan.
(6)A renter who owes a debt referred to in subsection (1) must pay the prescribed fee (if any) to the Secretary for any debt recovery action taken under—
(a)subsection (3); or
(b)a written direction under subsection (4).
423ZASecretary may refer unrecovered debts to debt collection agencies
(1)The Secretary may refer a debt due to the State by a renter under section 423Z(1) to a debt collection agency for recovery if the debt is not recovered by action taken—
(a)under section 423Z(3); or
(b)on a written direction under section 423Z(4).
(2)If a debt due to the State by a renter is referred to a debt collection agency under subsection (1), the renter must pay the prescribed fee (if any) to the Secretary.
(3)Any cost of referring a debt to a debt collection agency and fee payable under this section is added to the debt due to the State by the renter under section 423Z(1) as recovery costs.
423ZBSecretary may direct payment of debt to State with bond
The Secretary may give a written direction to the Authority to apply an amount of bond specified in the direction to any unpaid debt due to the State by the renter under section 423Z(1) by payment into the Residential Bonds Investment Income Account, if—
(a)the second residential rental agreement has terminated; and
(b)there are no outstanding claims for an amount of bond in relation to that agreement.
423ZCSecretary may determine debt write-off
(1)A renter who owes a debt to the State under section 423Z(1) may make a written application to the Secretary to write-off the debt.
(2)The Secretary, by written determination, may write-off a debt due to the State by a renter under section 423Z(1) in accordance with the transfer of bond guidelines.
(3)The Secretary may refuse an application under subsection (1) if the Secretary is not satisfied that the hardship criteria for write-off of debt in the transfer of bond guidelines has been met.
(4)If the Secretary refuses to write-off a debt under this section, the Secretary must give the renter written notice of the refusal as soon as practicable after the refusal decision is made.
Subdivision 6—Review of scheme
423ZDReview of transfer of bond scheme
(1)The Minister must cause an independent review of the transfer of bond scheme to be undertaken—
(a)no earlier than 12 months after this Division comes into operation; and
(b)no later than 3 years after this Division comes into operation.
(2)Without limiting the matters for review under this section, the operation of the transfer of bond scheme must be considered.
(3)A written report on the review conducted under this section must be given to the Minister.
(4)The report on the review conducted under this section must be laid before each House of the Parliament within 6 months after that report is given to the Minister under subsection (3).".
6Residential Bonds Investment Income Account
(1)After section 436(2A) of the Residential Tenancies Act 1997 insert—
"(2B)There must be paid into the Residential Bonds Investment Income Account any fee or charge paid to the Secretary under Division 3A of this Part.".
(2)Before section 436(3)(a) of the Residential Tenancies Act 1997 insert—
"(aa)any amount to be paid to a residential rental provider on written direction by the Secretary under section 423P or 423Q; and
(aab)on the written direction of the Secretary, the refund of any fee paid to the Secretary by a renter under Division 3A of this Part; and
(aac)any amount incurred by the Secretary as an establishment cost of the transfer of bond scheme; and".
7Regulations
After section 511(1)(ff) of the Residential Tenancies Act 1997 insert—
"(fg)prescribing fees and charges payable under Division 3A of Part 10, including—
(i)an application fee; and
(ii)more than one fee to be imposed, or one fee to be imposed in stages, for any recovery action taken for debts due to the State, including fees imposed in stages that are added to the debt as recovery costs;
(fh)the administrative process, manner and conduct for the recovery by the Secretary of debts due to the State under section 423Z(1) by renters, including the issue of the following—
(i)notices of debt;
(ii)reminder notices;
(iii)final reminder notices;
(iv)notices of final demand;".
8Schedule 1A amended
After Item 102 in Part 1 of Schedule 1A to the Residential Tenancies Act 1997 insert—
"102ASection 423J
102BSection 423K".
Division 2—Amendments in relation to evidence requirements for certain bond claims
9Definitions
(1)In section 3(1) of the Residential Tenancies Act 1997 insert the following definition—
"bond claim evidence means any of the following types of documentary evidence—
(a)an invoice;
(b)a receipt;
(c)a quote;
(d)a photograph;
(e)any other prescribed evidence;".
(2)In section 3(1) of the Residential Tenancies Act 1997, after paragraph (d) of the definition of condition report insert—
"(e)for the purposes of Part 10, a condition report referred to in paragraph (a), (b), (c) or (d);".
10Claims for rental bonds
After section 411(1) of the Residential Tenancies Act 1997 insert—
"(1A)At least 3 days before a claim for repayment of a bond to the residential rental provider is made, the residential rental provider or that person's agent must give each renter bond claim evidence that supports the claim.
(1B)Bond claim evidence given under subsection (1A) must not conflict with a statement in a condition report.".
11Person with interest in claim for bond may apply to Tribunal for bond repayment order
After section 419A(1) of the Residential Tenancies Act 1997 insert—
"(1A)A residential rental provider or that person's agent must not make an application under subsection (1) for an order requiring the Authority to repay the bond to the residential rental provider unless—
(a)the application is accompanied by bond claim evidence that supports the application; and
(b)the bond claim evidence does not conflict with a statement in a condition report.
Penalty:25 penalty units in the case of a natural person;
125 penalty units in the case of a body corporate.".
12Schedule 1A amended
After Item 101 in Part 1 of Schedule 1A to the Residential Tenancies Act 1997 insert—
"101ASection 419A(1A)".
Division 3—Amendments in relation to application and rent payment fees
13Section 51A substituted
For section 51A of the Residential Tenancies Act 1997 substitute—
51ACertain application and rent payment fees prohibited"
A person, other than an ADI, must not demand or receive a fee for any prescribed matter in relation to an application to enter into a residential rental agreement or the payment of rent.
Penalty:80 penalty units in the case of a natural person;
400 penalty units in the case of a body corporate.".
14Schedule 1A amended
In Item 27A in Part 1 of Schedule 1A to the Residential Tenancies Act 1997, for "51A(1)" substitute "51A".
Division 4—Amendments in relation to minimum energy efficiency standards
15Definitions
In section 3(1) of the Residential Tenancies Act 1997 insert the following definitions—
'electrical safety check means a check of all electrical installations, fixtures and fittings carried out in accordance with section 4 of AS/NZS 3019 "Electrical installations—Periodic assessment", as published or amended from time to time;
gas safety check means—
(a)the following gas installation checks—
(i)that LPG cylinders and associated gas components are installed correctly;
(ii)that appliance gas isolation valves are installed where required by AS/NZS 5601.1 "Gas installations", as published or amended from time to time;
(iii)that gas appliances and their components are accessible for servicing and adjustment;
(iv)that the gas installation is electrically safe;
(v)that clearances from appliances to combustible surfaces are in accordance with installation instructions and AS/NZS 5601.1 "Gas installations", as published or amended from time to time;
(vi)that there is adequate ventilation for appliances to operate safely;
(vii)that gas appliances (including cookers) are adequately restrained from tipping over;
(viii)checking the condition of gas appliance flue systems including chimneys;
(ix)checking gas appliances for evidence of certification; and
(b)testing gas installations for leakage; and
(c)for a standard gas installation, servicing all Type A gas appliances that are part of that installation;
Note
A standard is prescribed under section 72 of the Gas Safety Act 1997 for servicing work carried out on a Type A gas appliance that is part of a standard gas installation. Section 72 of the Gas Safety Act 1997 requires that a person carrying out gasfitting work ensures that the work complies with the standards and requirements prescribed under that Act in relation to that work.
gasfitting work means work prescribed to be gasfitting work for the purposes of section 221C(1) of the Building Act 1993 by regulations made for the purposes of that section;
licensed electrician means an electrical installation worker within the meaning of section 3 of the Electricity Safety Act 1998 who holds a licence issued under Division 2 of Part 3 of that Act to carry out all classes of electrical installation work that are classes of electrical work prescribed by the regulations made for the purposes of that Division;
licensed gasfitter means a person who is licensed by the Authority under section 221M of the Building Act 1993 to carry out gasfitting work;
open‑flued gas appliance means an indoor gas appliance that—
(a)uses a gaseous fuel to produce flame, heat, light, power or an aesthetic effect; and
(b)is designed to be connected to a flue system; and
(c)draws combustion air from the room or space in which it is installed;
pre-draughtproofing gas check means—
(a)a check of the rented premises to identify the presence of any flueless space heaters or open-flued gas appliances; and
(b)a check of the rented premises to identify any areas that require adequate ventilation for appliances to operate safely; and
(c)a check to identify whether there are any areas in the rented premises where draughtproofing work should not be undertaken;
registered electrician means an electrical contractor within the meaning of section 3 of the Electricity Safety Act 1998 that is registered under section 31 of that Act;
registered gasfitter means a person who is registered by the Authority under section 221O of the Building Act 1993 to carry out gasfitting work;'.
16New sections 65C and 65D inserted
Before section 66 of the Residential Tenancies Act 1997 insert—
"65C Records in relation to compliance with rental minimum standards for rented premises
(1)A residential rental provider must keep records sufficient to demonstrate compliance with section 65A.
(2)The Director may publish a notice that sets out guidance about what records are sufficient to demonstrate compliance with section 65A.
(3)A notice under subsection (2) must be published in the Government Gazette and on an Internet site maintained by the Director.
65DResidential rental provider must produce relevant records at Director's request
At the request of the Director, a residential rental provider must produce any records required to be kept under section 65C in the manner specified by the Director as soon as practicable after the request has been made.
Penalty:150 penalty units in the case of a natural person;
750 penalty units in the case of a body corporate.
65ERecords in relation to compliance with rental minimum standards for premises advertised for rent
(1)If a residential rental provider or the provider's agent advertises or otherwise offers premises to let, the provider or the provider's agent must keep records sufficient to demonstrate compliance with section 65B.
(2)The Director may publish a notice that sets out guidance about what records are sufficient to demonstrate compliance with section 65B.
(3)A notice under subsection (2) must be published in the Government Gazette and on an Internet site maintained by the Director.
65FResidential rental provider or provider's agent must produce relevant records at Director's request
At the request of the Director, a residential rental provider or the provider's agent must produce any records required to be kept under section 65E in the manner specified by the Director as soon as practicable after the request has been made.
Penalty:150 penalty units in the case of a natural person;
750 penalty units in the case of a body corporate.".
17Residential rental provider's duty to comply with safety-related repairs and maintenance requirements
After section 68A(1) of the Residential Tenancies Act 1997 insert—
"(1A)If a residential rental agreement does not contain a term prescribed under section 27C(2), the residential rental provider must—
(a)ensure an electrical safety check of all electrical installations, appliances and fittings provided by the residential rental provider in the rented premises is conducted every 2 years by a licensed electrician or a registered electrician; and
(b)at the request of the renter, provide the renter with the date of the most recent electrical safety check in writing; and
(c)if an electrical safety check has not been conducted within the last 2 years at the time the renter first occupies the rented premises, arrange for an electrical safety check to be conducted as soon as practicable.
(1B)If a residential rental agreement does not contain a term prescribed under section 27C(2) and the rented premises contains any appliances, fixtures or fittings provided by the residential rental provider which use or supply gas, the residential rental provider must—
(a)ensure a gas safety check of all gas installations and fittings is conducted every 2 years by a licensed gasfitter or a registered gasfitter; and
(b)at the request of the renter, provide the renter with the date of the most recent gas safety check in writing; and
(c)if a gas safety check has not been conducted within the last 2 years at the time the renter first occupies the rented premises, arrange for a gas safety check to be conducted as soon as practicable.".
18New section 68C inserted
After section 68B of the Residential Tenancies Act 1997 insert—
"68C Residential rental provider must conduct pre-draughtproofing gas check
(1)This section applies if a rented premises contains any appliances, fixtures or fittings provided by the residential rental provider which use or supply gas.
(2)A residential rental provider must only undertake draughtproofing work in the rented premises if—
(a)a pre-draughtproofing gas check for the rented premises has been conducted by a licensed gasfitter or a registered gasfitter; and
(b)the licensed gasfitter or registered gasfitter who conducted the pre‑draughtproofing gas check has advised the residential rental provider of all of the following—
(i)the presence of any flueless space heaters or open-flued gas appliances;
(ii)the areas in the rented premises that require adequate ventilation for appliances to operate safely;
(iii)the areas where draughtproofing work should not be undertaken; and
(c)at the time the draughtproofing is undertaken, a pre-draughtproofing gas check has been conducted within the last 6 months.
Notes
1 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.
2 See section 65A regarding prescribed rental minimum standards.".
19New section 142BAA inserted
After section 142B of the Residential Tenancies Act 1997 insert—
"142BAA Records in relation to compliance with standards for rooming houses
(1)If a rooming house operator provides a room in a rooming house to a rooming house resident, the operator must keep records sufficient to demonstrate compliance with section 142B(1).
(2)If a rooming house operator provides a resident of a rooming house a facility or service, the operator must keep records sufficient to demonstrate compliance with section 142B(2).
(3)If a rooming house operator provides a resident of a rooming house with access to a common area, the operator must keep records sufficient to demonstrate compliance with section 142B(3).
(4)The Director may publish a notice that sets out guidance about what records are sufficient to demonstrate compliance with section 142B(1), (2) or (3).
(5)A notice under subsection (4) must be published in the Government Gazette and on an Internet site maintained by the Director.
142BABRooming house operator must produce relevant records at Director's request
At the request of the Director, a rooming house operator must produce any records required to be kept under section 142BAA in the manner specified by the Director as soon as practicable after the request has been made.
Penalty:150 penalty units in the case of a natural person;
750 penalty units in the case of a body corporate.".
20Schedule 1—Transitional provisions
At the end of clause 16 of Schedule 1 to the Residential Tenancies Act 1997 insert—
"(5)Despite subclause (3), on and from the commencement of section 17 of the Consumer Legislation Amendment Act 2025, section 27C(2), as inserted by the Residential Tenancies Amendment Act 2018, applies to a fixed term tenancy agreement or a periodic tenancy agreement referred to in subclause (1) in relation to the following safety-related activities—
(a)a gas safety check;
(b)an electrical safety check.".
21Schedule 1A amended
In Part 2 of Schedule 1A to the Residential Tenancies Act 1997—
(a)after Item 1 insert—
"1A Section 65D 1B Section 65F";
(b)after Item 8 insert—
"8A Section 142BAB".
Division 5—Other amendments
22Statute law revisions
(1)For section 46(2) of the Residential Tenancies Act 1997 substitute—
"(2)An application under subsection (1) must be made within 30 days after the renter receives the Director's report.".
(2)For section 103(2) of the Residential Tenancies Act 1997 substitute—
"(2)An application under subsection (1) must be made within 30 days after the resident receives the Director's report.".
(3)For section 154(2) of the Residential Tenancies Act 1997 substitute—
"(2)An application under subsection (1) must be made within 30 days after the resident receives the Director's report.".
PART 3—AMENDMENT OF AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
23New Part 5.3 inserted
After Part 5.2 of the Australian Consumer Law and Fair Trading Act 2012 insert—
"PART 5.3—FUEL RETAILERS
Division 1—Interpretation
106ADefinitions
In this Part—
biodiesel means a diesel fuel obtained by esterification of oil derived from plants or animals;
confirmed fuel retailer means a fuel retailer that has received a notice of confirmation under section 106C;
emergency has the same meaning as in the Emergency Management Act 2013;
fuel means any of the following—
(a)petroleum products within the meaning of the Business Franchise (Petroleum Products) Act 1979;
(b)biodiesel;
(c)compressed gas;
(d)liquefied natural gas;
(e)liquefied petroleum gas;
fuel pump display means the numerical display of the normal fuel price appearing on a metered fuel pump at a service station;
fuel retailer means a person or body that carries on the business of supplying fuel for retail sale;
liquefied petroleum gas means a hydrocarbon fluid composed predominantly of any of the following hydrocarbons or mixtures of all or any of them—
(a)propane;
(b)propylene;
(c)butane;
(d)butylene;
maximum fuel price means a price provided by a confirmed fuel retailer to the Director in accordance with section 106F(1) for a type of fuel;
normal fuel price, in relation to a type of fuel, means the price per litre at which fuel of that type is offered to retail consumers without any discount (whether by a voucher, discount rate, reward scheme or any other means) applying;
notice of confirmation means a notice of confirmation provided by the Director under section 106C;
service station means a building, place or premises where fuel is supplied for retail sale, but does not include a building, place or premises where the primary business is the hiring, leasing or sale of motor vehicles.
Division 2—Confirmation of fuel retailers
106BFuel retailers must provide information to Director
(1)A fuel retailer must provide the following information to the Director in accordance with any requirements of the Director—
(a)the business or company name of the fuel retailer;
(b)the business logo (if any) of the fuel retailer;
(c)the ABN of the fuel retailer;
(d)the trading name of the fuel retailer (if applicable) and the street address and postal address of the office of the fuel retailer;
(e)the number of service stations operated by the fuel retailer;
(f)the names of the fuel retailer's service stations (if different from the trading name described in paragraph (d));
(g)the street address, email address and telephone number of each of the fuel retailer's service stations;
(h)the name, position title, email address and telephone number of the person providing the information;
(i)the name, position title, email address and telephone number of the primary contact person for each of the fuel retailer's service stations (if different from the person described in paragraph (h));
(j)the method the fuel retailer will use to provide information relating to fuel prices for each of its service stations to the Director;
(k)the trading hours of each of the fuel retailer's service stations;
(l)the brands and types of fuel offered for retail sale at each of the fuel retailer's service stations;
(m)if membership may be required to purchase fuel at any of the fuel retailer's service stations;
(n)any other information required by the Director.
(2)A fuel retailer must provide information under subsection (1)—
(a)if the fuel retailer commences trading on or before the commencement day, within 14 business days after the commencement day; or
(b)if the fuel retailer commences trading after the commencement day, on or before the first day on which the fuel retailer offers any fuel for sale to retail customers.
(3)In this section—
commencement day means the day on which Part 3 of the Consumer Legislation Amendment Act 2025 comes into operation.
106CConfirmation of fuel retailers
On receiving information from a fuel retailer under section 106B, the Director must give the fuel retailer written confirmation if the Director is satisfied that—
(a)the fuel retailer has complied with section 106B; and
(b)the information provided by the fuel retailer is accurate.
106DFuel retailer must update information
A fuel retailer must notify the Director of any change to the information referred to in section 106B within 14 business days after the change.
106EOffence to sell fuel without confirmation
A fuel retailer must not offer any fuel for sale, or sell any fuel, to a retail customer unless the fuel retailer has received a notice of confirmation.
Penalty:120 penalty units.
Division 3—Fuel price reporting
106FConfirmed fuel retailers must provide maximum fuel price to Director
(1)A confirmed fuel retailer must provide to the Director the maximum fuel price at which the retailer intends to offer a type of fuel for sale to retail customers.
(2)The confirmed fuel retailer must provide a maximum fuel price to the Director under subsection (1)—
(a)for each of the retailer's service stations at which the type of fuel is to be offered for sale to retail customers; and
(b)at the prescribed time or, if no time is prescribed, between 8.30 a.m. and 2 p.m. on—
(i)the day before the day on which the price applies; or
(ii)if the price applies for more than one day, the day before the first day on which the price applies; and
(c)in the prescribed form and manner or, if no form or manner is prescribed, in the form and manner approved by the Director.
(3)A confirmed fuel retailer must not, without reasonable excuse, fail to provide a maximum fuel price to the Director in accordance with this section.
Penalty:120 penalty units.
(4)For the purposes of subsection (3), it is a reasonable excuse for a confirmed fuel retailer to fail to provide a maximum fuel price in accordance with this section if the retailer is unable to provide the price due to—
(a)an emergency; or
(b)in the case of a maximum fuel price that must be provided by way of a software application, the unavailability of that application as a result of circumstances beyond the retailer's control; or
(c)any prescribed circumstances.
106GOffence to sell fuel above the maximum fuel price
(1)A confirmed fuel retailer must not offer a type of fuel for sale to retail customers at a price that is higher than the maximum fuel price that applies to the retailer at the time of the offer.
Penalty:120 penalty units.
(2)For the purposes of subsection (1), a maximum fuel price applies to a confirmed fuel retailer for a 24-hour period beginning—
(a)at the prescribed time; or
(b)if no time is prescribed, at 6 a.m. on the day on which the maximum fuel price applies.
106HOffence to sell fuel at a price higher than any price at which fuel previously sold that day
(1)A confirmed fuel retailer must not offer a type of fuel for sale to retail customers at a price that is higher than any price at which the retailer has previously offered the type of fuel on the same day.
Penalty:120 penalty units.
(2)In this section—
day means the 24-hour period beginning—
(a)at the prescribed time; or
(b)if no time is prescribed, at 6 a.m.
106INotification of change in fuel price
(1)If a confirmed fuel retailer increases or decreases the normal fuel price for a type of fuel on any fuel pump, the retailer must notify the Director—
(a)as soon as practicable, but not more than 30 minutes, after the price is increased or decreased in the fuel pump display; and
(b)in accordance with the regulations (if any).
(2)A confirmed fuel retailer must not, without reasonable excuse, fail to notify the Director in accordance with subsection (1).
Penalty:120 penalty units.
(3)For the purposes of subsection (2), it is a reasonable excuse for a confirmed fuel retailer to fail to notify the Director in accordance with subsection (1) if the retailer is unable to notify the Director due to—
(a)an emergency; or
(b)in the case of a notification that must be provided by way of a software application, the unavailability of that application as a result of circumstances beyond the retailer's control; or
(c)any prescribed circumstances.
106JNotification of unavailability of fuel
(1)If a fuel offered for retail sale by a confirmed fuel retailer is temporarily unavailable, the retailer must notify the Director as soon as reasonably practicable.
(2)A confirmed fuel retailer must not, without reasonable excuse, fail to notify the Director in accordance with subsection (1).
Penalty:120 penalty units.
(3)For the purposes of subsection (2), it is a reasonable excuse for a confirmed fuel retailer to fail to notify the Director in accordance with subsection (1) if the retailer is unable to notify the Director due to—
(a)an emergency; or
(b)in the case of a notification that must be provided by way of a software application, the unavailability of that application as a result of circumstances beyond the retailer's control; or
(c)any prescribed circumstances.
106KConfirmed fuel retailers may decrease normal fuel price
Nothing in this Part prevents a confirmed fuel retailer—
(a)offering a fuel for sale to retail customers at a price lower than the maximum fuel price that applies to the retailer in relation to that fuel at the time of the offer; or
(b)decreasing the normal fuel price at any time.
Division 4—Information sharing
106LCollection, use, disclosure and publication of information relating to fuel prices
(1)Subject to anything to the contrary in this Act or any other Act, the Director may collect, use, disclose or publish any information or data if the collection, use, disclosure or publication is necessary for the Director to perform a function or exercise a power under this Part.
(2)Without limiting subsection (1), the Director may disclose or publish the following information for the purposes of making that information publicly available or protecting the interests of consumers—
(a)the business logos and trading names of fuel retailers;
(b)the street address and geographical locations of service stations;
(c)the trading hours and telephone numbers of service stations;
(d)the brands and types of fuel offered for sale to retail consumers at service stations;
(e)the normal fuel prices and maximum fuel prices for types of fuel offered for sale at service stations;
(f)whether membership is required to purchase fuel at service stations.".
24Functions of the Director
After section 109(l) of the Australian Consumer Law and Fair Trading Act 2012 insert—
"(la)to collect and publish information relating to the prices at which fuel is offered for sale to retail customers including, but not limited to, normal fuel prices, maximum fuel prices and information relating to fuel retailers;".
25Regulations
After section 232(1)(c) of the Australian Consumer Law and Fair Trading Act 2012 insert—
"(ca)for the purposes of Part 5.3, matters relating to—
(i)the confirmation of fuel retailers; and
(ii)fuel price reporting; and
(iii)the disclosure of information in accordance with section 106L;".
PART 4—AMENDMENT OF ESTATE AGENTS ACT 1980
26New section 37M inserted
Before section 38 of the Estate Agents Act 1980 insert—
"37M Mandatory continuing professional development activities
(1)For the purposes of this Part, the Authority may approve mandatory continuing professional development activities that form part of the continuing professional development requirements under this Part.
(2)The Authority must publish notice of any mandatory continuing professional development activities approved under subsection (1) on the Internet site of the Director.
(3)A mandatory continuing professional development activity takes effect on the date specified in the notice under subsection (2).
(4)The Authority must take all reasonable steps to give written notice to each estate agent of an approved mandatory continuing professional development activity.
(5)The Authority must take all reasonable steps to give written notice to each registered agent's representative of an approved mandatory continuing professional development activity.
Note
The category of registered agent's representative is established by the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025.".
27Regulations
Before section 99(1)(d) of the Estate Agents Act 1980 insert—
"(daa)prescribing matters in relation to the regulation of continuing professional development activity providers, including—
(i)approving continuing professional development providers to provide continuing professional development activities; and
(ii)prohibiting continuing professional development providers from providing continuing professional development activities;".
28Statute law revisions
(1)In section 4(1) of the Estate Agents Act 1980—
(a)insert the following definition—
"externally administered body corporate means a Chapter 5 body corporate as defined by section 9 of the Corporations Act;";
(b)the definition of externally-administered body corporate is repealed.
(2)In section 14(5)(d) of the Estate Agents Act 1980, for "externally-administered" substitute "externally administered".
(3)In section 22(1)(b) of the Estate Agents Act 1980, for "externally-administered" substitute "externally administered".
(4)In section 31E(1)(d) of the Estate Agents Act 1980, for "externally-administered" substitute "externally administered".
PART 5—AMENDMENT OF OWNERS CORPORATIONS ACT 2006
29New section 198C inserted
At the end of Part 12 of the Owners Corporations Act 2006 insert—
"198C Mandatory continuing professional development activities
(1)For the purposes of this Part, the Business Licensing Authority may approve mandatory continuing professional development activities that form part of the continuing professional development requirements under this Part.
(2)The Business Licensing Authority must publish notice of any mandatory continuing professional development activities approved under subsection (1) on the Internet site of the Director.
(3)A mandatory continuing professional development activity takes effect on the date specified in the notice under subsection (2).
(4)The Business Licensing Authority must take all reasonable steps to give written notice to each manager who is a natural person of an approved mandatory continuing professional development activity.
(5)The Business Licensing Authority must take all reasonable steps to give written notice to each registered officer in effective control of an approved mandatory continuing professional development activity.
Note
The category of registered officer in effective control is established by the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025.".
30Regulation-making powers
Before section 204(1)(e) of the Owners Corporations Act 2006 insert—
"(eaa)prescribing matters in relation to the regulation of continuing professional development activity providers, including—
(i)approving continuing professional development providers to provide continuing professional development activities; and
(ii)prohibiting continuing professional development providers from providing continuing professional development activities;".
31Statute law revisions
(1)In section 3 of the Owners Corporations Act 2006, in the definition of externally administered body corporate, for "has the same meaning as it has in" substitute "means a Chapter 5 body corporate as defined by section 9 of".
(2)In section 179(c) of the Owners Corporations Act 2006, for "externally-administered" substitute "externally administered".
(3)In section 186(1)(b) of the Owners Corporations Act 2006, for "externally-administered" substitute "externally administered".
(4)In section 187(1)(d) of the Owners Corporations Act 2006, for "externally-administered" substitute "externally administered".
PART 6—AMENDMENT OF CONVEYANCERS ACT 2006
32New section 46B inserted
Before section 47 of the Conveyancers Act 2006 insert—
"46B Mandatory continuing professional development activities
(1)For the purposes of this Part, the Authority may approve mandatory continuing professional development activities that form part of the continuing professional development requirements under this Part.
(2)The Authority must publish notice of any mandatory continuing professional development activities approved under subsection (1) on the Internet site of the Director.
(3)A mandatory continuing professional development activity takes effect on the date specified in the notice under subsection (2).
(4)The Authority must take all reasonable steps to give written notice to each licensee of an approved mandatory continuing professional development activity.".
33Regulations
Before section 188(2)(b) of the Conveyancers Act 2006 insert—
"(baa)prescribing matters in relation to the regulation of continuing professional development activity providers, including—
(i)approving continuing professional development providers to provide continuing professional development activities; and
(ii)prohibiting continuing professional development providers from providing continuing professional development activities; and".
34Statute law revisions
(1)In section 3 of the Conveyancers Act 2006 insert the following definition—
"externally administered body corporate means a Chapter 5 body corporate as defined by section 9 of the Corporations Act;".
(2)In section 5(e) of the Conveyancers Act 2006, for "an externally-administered body corporate within the meaning of the Corporations Act" substitute "an externally administered body corporate".
(3)In section 140(1)(a) and (b) of the Conveyancers Act 2006, for "an externally-administered body corporate under that Act" substitute "an externally administered body corporate".
PART 7—REPEAL OF THIS ACT
35Repeal of this Act
This Act is repealed on 13 October 2027.
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: 16 October 2025
Legislative Council: 30 October 2025
The long title for the Bill for this Act was "A Bill for an Act to amend the Residential Tenancies Act 1997, the Australian Consumer Law and Fair Trading Act 2012, the Estate Agents Act 1980, the Owners Corporations Act 2006, the Conveyancers Act 2006 and for other purposes."
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