COVID-19 Commercial and Residential Tenancies Legislation Amendment (Extension) Act 2020 (Vic)

COVID-19 Commercial and Residential Tenancies Legislation Amendment (Extension) Act 2020

No. 25 of 2020

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of COVID-19 Omnibus (Emergency Measures) Act 2020

Division 1—Retail leases and non-retail commercial leases and licences related amendments

3Definitions

4Meaning of eligible lease

5Regulations modifying law relating to certain retail leases and non-retail commercial leases and licences

6Effect of regulations and certain orders made under regulations

7Change to Minister reference to reflect machinery of government change

8Extension of operation of Part 2.2

Division 2—Miscellaneous

9Regulations dealing with transitional matters

Part 3—Residential tenancies related amendments

Division 1—Amendment of Residential Tenancies Act 1997

10Section 615 substituted and new section 616 inserted

Division 2—Amendment of Residential Tenancies Amendment Act 2018

11Commencement

12Repeal of amending Act

Division 3—Amendment of Consumer and Other Acts Miscellaneous Amendments Act 2020

13Purposes

14Section 86 repealed

Part 4—Repeal of this Act

15Repeal of this Act

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Endnotes

1      General information

COVID-19 Commercial and Residential Tenancies Legislation Amendment (Extension) Act 2020

No. 25 of 2020

[Assented to 22 September 2020]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the COVID-19 Omnibus (Emergency Measures) Act 2020—

(i)to extend the operation of Part 2.2 of that Act under which regulations may be made to modify the law relating to retail leases and non-retail commercial leases and licences until 26 April 2021; and

(ii)to make further provision in relation to the subject matter of regulations which may be made under Part 2.2 of that Act, including the making of orders directing landlords under eligible leases to give or agree to give specified rent relief to tenants under eligible leases and conferring jurisdiction on VCAT to enforce such orders; and

(b)to amend the Residential Tenancies Act 1997 to extend the operation of Part 16 of that Act until—

(i)28 March 2021; or

(ii)if a later date is fixed by Governor in Council (being a date after 28 March 2021 and before 27 April 2021), that date; and

(c)to make consequential amendments to the Residential Tenancies Amendment Act 2018 and the Consumer and Other Acts Miscellaneous Amendments Act 2020.

2Commencement

(1)This Act, except Division 1 of Part 2 and Division 3 of Part 3, comes into operation on the day after the day on which it receives the Royal Assent.

(2)Subject to subsection (3), Division 1 of Part 2 and Division 3 of Part 3 come into operation on a day or days to be proclaimed.

(3)If a provision of Division 1 of Part 2 or Division 3 of Part 3 does not come into operation before 1 June 2021, it comes into operation on that day.

Part 2—Amendment of COVID-19 Omnibus (Emergency Measures) Act 2020

Division 1—Retail leases and non-retail commercial leases and licences related amendments

3Definitions

In section 12 of the COVID-19 Omnibus (Emergency Measures) Act 2020—

(a)insert the following definition—

"specified rent relief means a waiver or deferral of rent payable under an eligible lease;";

(b)the definitions of qualifies for the jobkeeper scheme and SME entity are repealed.

4Meaning of eligible lease

For section 13(1) of the COVID-19 Omnibus (Emergency Measures) Act 2020 substitute—

"(1)An eligible lease is a retail lease or a non-retail commercial lease or licence, or a retail lease or a non-retail commercial lease or licence of a specified class—

(a)that is prescribed; and

(b)that is in effect on the day the first regulations made under section 15 come into operation.".

5Regulations modifying law relating to certain retail leases and non-retail commercial leases and licences

In section 15(1) of the COVID-19 Omnibus (Emergency Measures) Act 2020—

(a)after paragraph (n) insert—

"(na)the making of orders directing landlords under eligible leases to give or agree to give specified rent relief to tenants under eligible leases (binding orders) and the content of such orders;

(nb)the process for applications by tenants under eligible leases for binding orders (rent relief applications) including the content of rent relief applications and documents that may accompany rent relief applications;

(nc)requiring matter in a rent relief application, or a document that may accompany a rent relief application, be verified by statutory declaration;

(nd)preconditions that must exist or be met before a rent relief application may be made;

(ne)the process for dealing with and deciding rent relief applications, including the criteria to be applied in deciding rent relief applications;

(nf)the amendment or revocation of binding orders;

(ng)the process for applications for the amendment or revocation of binding orders;

(nh)the process for dealing with and deciding applications referred to in paragraph (ng), including the criteria to be applied in deciding such applications;

(ni)the correction of errors or omissions in binding orders on the application of persons to whom the orders relate or by the entity that makes the orders on its own initiative;

(nj)the enforcement of binding orders in cases of non-compliance with such orders;

(nk)preconditions that must exist or be met before proceedings relating to compliance with binding orders may be commenced in VCAT;

(nl)the admissibility in evidence in a proceeding in VCAT or a court of specified material related to a mediation referred to in paragraph (k);";

(b)after paragraph (o) insert—

"(oa)conferring jurisdiction on VCAT—

(i)to review the making, amendment or revocation of a binding order;

(ii)to hear and determine proceedings relating to compliance with binding orders;".

6Effect of regulations and certain orders made under regulations

(1)In the heading to section 17 of the COVID-19 Omnibus (Emergency Measures) Act 2020, after "regulations" insert "and certain orders made under regulations".

(2)In section 17(1) of the COVID-19 Omnibus (Emergency Measures) Act 2020, after "section 15" insert "or an order made pursuant to regulations made under section 15(1)(na)".

7Change to Minister reference to reflect machinery of government change

(1)In the heading to section 16 of the COVID-19 Omnibus (Emergency Measures) Act 2020, for "Jobs, Innovation and Trade" substitute "Industry Support and Recovery".

(2)In section 16 of the COVID-19 Omnibus (Emergency Measures) Act 2020, for "Jobs, Innovation and Trade" substitute "Industry Support and Recovery".

8Extension of operation of Part 2.2

In section 22 of the COVID-19 Omnibus (Emergency Measures) Act 2020, for "the day that is 6 months after its commencement" substitute "26 April 2021".

Division 2—Miscellaneous

9Regulations dealing with transitional matters

In section 62(6) of the COVID-19 Omnibus (Emergency Measures) Act 2020, for "the day that is 6 months after its commencement" substitute "26 April 2021".

Part 3—Residential tenancies related amendments

Division 1—Amendment of Residential Tenancies Act 1997

10Section 615 substituted and new section 616 inserted

For section 615 of the Residential Tenancies Act 1997 substitute—

"615   Repeal of Part

This Part is repealed on—

(a)28 March 2021; or

(b)if a later date is fixed under section 616, that date.

616Order to extend operation of Part beyond 28 March 2021

The Governor in Council, by Order published in the Government Gazette, may fix a date on which this Part is repealed, being a date after 28 March 2021 and before 27 April 2021.".

Division 2—Amendment of Residential Tenancies Amendment Act 2018

11Commencement

In section 2(2) of the Residential Tenancies Amendment Act 2018, for "1 January 2021" substitute "27 April 2021".

12Repeal of amending Act

In section 389 of the Residential Tenancies Amendment Act 2018, for "1 January 2022" substitute "27 April 2022".

Division 3—Amendment of Consumer and Other Acts Miscellaneous Amendments Act 2020

13Purposes

Section 1(e)(iii) of the Consumer and Other Acts Miscellaneous Amendments Act 2020 is repealed.

14Section 86 repealed

Section 86 of the Consumer and Other Acts Miscellaneous Amendments Act 2020 is repealed.

Part 4—Repeal of this Act

15Repeal of this Act

This Act is repealed on 1 June 2022.

Note

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

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Endnotes

1   General information

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

Minister's second reading speech—

Legislative Assembly: 3 September 2020

Legislative Council: 15 September 2020

The long title for the Bill for this Act was "A Bill for an Act to amend the COVID-19 Omnibus (Emergency Measures) Act 2020 and the Residential Tenancies Act 1997 and to make consequential amendments to other Acts and for other purposes."