COVID-19 Omnibus (Emergency Measures) Transitional Regulations 2021 (Vic)
Version No. 001
COVID-19 Omnibus (Emergency Measures) Transitional Regulations 2021
S.R. No. 19/2021
Version as at
28 March 2021
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Definitions
5References to Part 16 of the Residential Tenancies Act 1997
6Applications for possession orders
7Eligible disputes not referred by the Director
8Eligible disputes not resolved by alternative dispute resolution
9Amendment, cancellation, or extension of dispute resolution order
10Breach of dispute resolution orders
11Failure to comply with terms of agreement
12Tenants or renters not liable for compensation or lease break fees
13Site tenants not liable for compensation or lease break fees
14No breach of duty or term if COVID-19 reason—tenancy agreement
15No breach of duty or term if COVID-19 reason—rooming houses
16No breach of duty if COVID-19 reason—caravan parks
17No breach of duty or term if COVID-19 reason—site agreements
18No breach of duty or term if COVID-19 reason—SDA residency agreements
19Listing cannot be made in relation to certain breaches
20Applications for warrants of possession
21Notices to vacate for the non-payment of rent and for successive breaches by a site tenant of duty to pay rent
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 001
COVID-19 Omnibus (Emergency Measures) Transitional Regulations 2021
S.R. No. 19/2021
Version as at
28 March 2021
1Objective
The objective of these Regulations is to provide for transitional matters arising as a result of the repeal of Part 16 of the Residential Tenancies Act 1997.
2Authorising provision
These Regulations are made under section 62 of the COVID‑19 Omnibus (Emergency Measures) Act 2020.
3Commencement
These Regulations come into operation on 28 March 2021.
4Definitions
In these Regulations—
alternative dispute resolution, in relation to an eligible dispute, means the following—
(a)the conducting of mediation or conciliation in relation to the eligible dispute;
(b)the making of a dispute resolution order in relation to the eligible dispute;
caravan has the same meaning as it has in section 3(1) of the Residential Tenancies Act 1997;
caravan park has the same meaning as it has in section 3(1) of the Residential Tenancies Act 1997;
caravan park owner has the same meaning as it has in section 3(1) of the Residential Tenancies Act 1997;
chief dispute resolution officer means the person appointed under section 598(2) of the Residential Tenancies Act 1997 immediately before that section's repeal;
COVID-19 reason has the same meaning as the definition of COVID-19 reason had in section 537 of the Residential Tenancies Act 1997 immediately before that section's repeal;
COVID-19 Regulations means the Residential Tenancies (COVID-19 Emergency Measures) Regulations 2020[1];
dispute resolution order, in relation to an eligible dispute, means an order made under regulation 16(5) or (6) of the COVID-19 Regulations in relation to the dispute;
eligible agreement means the following—
(a)a tenancy agreement;
(b)an SDA residency agreement;
(c)a site agreement;
eligible dispute means a dispute about any of the following—
(a)a matter arising in relation to an eligible agreement or a residency right;
(b)an alleged breach of an eligible agreement or a breach of a duty in respect of a residency right;
(c)an alleged breach of a provision of the Residential Tenancies Act 1997 or the Residential Tenancies Regulations 2021[2] in relation to an eligible agreement or a residency right;
fixed term residential rental agreement has the same meaning as it has in section 3(1) of the Residential Tenancies Act 1997;
fixed term tenancy agreement has the same meaning as the definition of fixed term tenancy agreement in section 3(1) of the Residential Tenancies Act 1997 immediately before the repeal of that definition by the Residential Tenancies Amendment Act 2018;
landlord has the same meaning as the definition of landlord in section 3(1) of the Residential Tenancies Act 1997 immediately before that definition's repeal by the Residential Tenancies Amendment Act 2018;
non-local DVO has the same meaning as it has in section 4 of the National Domestic Violence Order Scheme Act 2016;
Part 4A site has the same meaning as it has in section 3(1) of the Residential Tenancies Act 1997;
payment related application has the same meaning as the definition of payment related applications in regulation 10(2) of the COVID-19 Regulations immediately before its expiry;
payment related matter has the same meaning as the definition of payment related matter in regulation 10(1) of the COVID-19 Regulations immediately before its expiry;
personal safety intervention order has the same meaning as it has in section 4 of the Personal Safety Intervention Orders Act 2010;
relevant duty provision means the following provisions as in force immediately before the commencement of section 5(1) of the Residential Tenancies Amendment Act 2018—
(a)in relation to a tenancy agreement, section 89 or any provision of Division 5 of Part 2 of the Residential Tenancies Act 1997;
(b)in relation to an agreement referred to in section 94(2) of the Residential Tenancies Act 1997, section 140 or any provision of Division 5 of Part 3 of that Act;
(c)in relation to a residency to which Part 4 of the Residential Tenancies Act 1997 applies, section 204 or any provision of Division 5 of Part 4 of that Act;
(d)in relation to a site agreement, section 206ZZM or any provision of Division 5 or 6 of Part 4A of the Residential Tenancies Act 1997;
(e)in relation to an SDA residency agreement, section 498Y or any provision of Division 4 of Part 12A of the Residential Tenancies Act 1997;
rent has the same meaning as the definition of rent in section 3(1) of the Residential Tenancies Act 1997 immediately before the amendment of that definition by the Residential Tenancies Amendment Act 2018;
rented premises has the same meaning as the definition of rented premises in section 3(1) of the Residential Tenancies Act 1997 immediately before the amendment of that definition by the Residential Tenancies Amendment Act 2018;
renter has the same meaning as it has in section 3(1) of the Residential Tenancies Act 1997;
resident has the same meaning as it has in section 3(1) of the Residential Tenancies Act 1997;
residential rental provider has the same meaning as it has in section 3(1) of the Residential Tenancies Act 1997;
rooming house has the same meaning as it has in section 3(1) of the Residential Tenancies Act 1997;
rooming house operator has the same meaning as it has in section 3(1) of the Rooming House Operators Act 2016;
rooming house owner has the same meaning as the definition of rooming house owner in section 3(1) of the Residential Tenancies Act 1997 immediately before that definition's repeal by the Residential Tenancies Amendment Act 2018;
SDA enrolled dwelling has the same meaning as it has in section 3(1) of the Residential Tenancies Act 1997;
SDA provider has the same meaning as it has in section 498B of the Residential Tenancies Act 1997;
SDA residency agreement has the same meaning as it has in section 498B of the Residential Tenancies Act 1997;
SDA resident has the same meaning as it has in section 498B of the Residential Tenancies Act 1997;
site has the same meaning as it has in section 3(1) of the Residential Tenancies Act 1997;
site agreement has the same meaning as it has in section 3(1) of the Residential Tenancies Act 1997;
site owner has the same meaning as it has in section 3(1) of the Residential Tenancies Act 1997;
site tenant has the same meaning as it has in section 3(1) of the Residential Tenancies Act 1997;
tenancy agreement has the same meaning as the definition of tenancy agreement in section 3(1) of the Residential Tenancies Act 1997 immediately before that definition's repeal by the Residential Tenancies Amendment Act 2018;
tenant has the same meaning as the definition of tenant in section 3(1) of the Residential Tenancies Act 1997 immediately before that definition's repeal by the Residential Tenancies Amendment Act 2018.
5References to Part 16 of the Residential Tenancies Act 1997
In these Regulations, unless the context otherwise requires, a reference to Part 16 of the Residential Tenancies Act 1997 is a reference to that Part—
(a)as modified by the COVID-19 Regulations before their expiry; and
(b)as in force immediately before its repeal.
6Applications for possession orders
(1)On and after the repeal of Part 16 of the Residential Tenancies Act 1997, an application for a possession order may be made under Division 1 of Part 7 or Division 11 of Part 12A of that Act in respect of rented premises, a room in a rooming house, a building, a caravan, a site in a caravan park, a Part 4A site or the area or room of an SDA enrolled dwelling exclusively occupied by an SDA resident for which VCAT made a termination order under Part 16 of that Act, whether before its repeal or in accordance with regulation 7.
(2)For the purposes of subregulation (1), a reference in Division 1 of Part 7 or Division 11 of Part 12A of the Residential Tenancies Act 1997 to a notice to vacate includes a reference to a termination order referred to in subregulation (1).
(3)For the purposes of sections 329 and 498ZZG of the Residential Tenancies Act 1997, a reference to the termination date specified in the notice to vacate or notice of intention to vacate accompanying the application in those sections is a reference to the termination date specified in a termination order referred to in subregulation (1).
7Eligible disputes not referred by the Director
(1)On the repeal of Part 16 of the Residential Tenancies Act 1997, the Director must refer an eligible dispute to VCAT, if the dispute has not been referred before that repeal—
(a)to the chief dispute resolution officer under regulation 7 of the COVID-19 Regulations; or
(b)to VCAT under regulation 8 of the COVID‑19 Regulations.
(2)VCAT is to deal with a dispute referred to it under subregulation (1) in accordance with the Residential Tenancies Act 1997, as if Part 16 of that Act and the COVID‑19 Regulations had not been repealed or expired, and, for that purpose, those provisions are taken to continue in force.
8Eligible disputes not resolved by alternative dispute resolution
(1)This regulation applies to an eligible dispute that the Director has referred to the chief dispute resolution officer under regulation 7 of the COVID-19 Regulations as in force immediately before the repeal of Part 16 of the Residential Tenancies Act 1997.
(2)Immediately before the repeal of Part 16 of the Residential Tenancies Act 1997, the chief dispute resolution officer must give written notice to VCAT and the parties to an eligible dispute that the dispute has not been resolved by alternative dispute resolution if the dispute is of a kind referred to in subregulation (3)(a), (b) or (c).
(3)On the repeal of Part 16 of the Residential Tenancies Act 1997, an eligible dispute to which this regulation applies is taken to be a payment related application that has not been resolved by alternative dispute resolution, if the chief dispute resolution officer—
(a)has not decided whether or not to accept the eligible dispute for alternative dispute resolution under regulation 14(1)(a) of the COVID-19 Regulations; or
(b)has accepted the eligible dispute for alternative dispute resolution under regulation 14(1)(a) of the COVID-19 Regulations, but has not—
(i)prepared a written agreement in respect of the resolution of the eligible dispute under regulation 18 of the COVID‑19 Regulations; or
(ii)made a dispute resolution order in respect of the resolution of the eligible dispute under regulation 16(5) or (6) of the COVID-19 Regulations; or
(iii)given written notice to the parties under regulation 14(6) of the COVID-19 Regulations that the eligible dispute is no longer suitable for alternative dispute resolution; or
(iv)given notice to the parties under regulation 21(1) of the COVID-19 Regulations that the eligible dispute has not been resolved by alternative dispute resolution; or
(c)has decided not to accept the eligible dispute for alternative dispute resolution but has not given written notice of that decision to the parties under regulation 14(5) of the COVID-19 Regulations.
(4)VCAT is to deal with an eligible dispute to which this regulation applies in accordance with the Residential Tenancies Act 1997, as if Part 16 of that Act and the COVID‑19 Regulations had not been repealed or expired, and, for that purpose, those provisions are taken to continue in force.
9Amendment, cancellation, or extension of dispute resolution order
(1)This regulation applies to a dispute resolution order made before the repeal of Part 16 of the Residential Tenancies Act 1997.
(2)On and after the repeal of Part 16 of the Residential Tenancies Act 1997, a party or all the parties referred to in a dispute resolution order to which this regulation applies may apply to VCAT to amend, cancel or extend the time for compliance with a dispute resolution order, if—
(a)a party to the dispute resolution order or all the parties to the dispute resolution order seek to—
(i)amend the dispute resolution order; or
(ii)cancel the dispute resolution order; or
(iii)extend the period for compliance with the dispute resolution order; or
(b)at the request of a party or all the parties to the dispute resolution order, the chief dispute resolution officer has not made a decision under regulation 25(1) of the COVID-19 Regulations.
(3)An application under subregulation (2) must be made—
(a)within 60 days after the dispute resolution order was given to the party; or
(b)if VCAT is satisfied a longer period is appropriate because of special circumstances, within a longer period specified by VCAT.
(4)VCAT may—
(a)determine an application made under subregulation (2); and
(b)amend, cancel or extend the period for compliance with the dispute resolution order—
(i)on the ground that there has been a substantial change in the nature of the eligible dispute to which the dispute resolution order relates, or to the circumstances of the parties since the order was made; or
(ii)if there has been a failure or inability to comply with the dispute resolution order, VCAT is satisfied that the failure or inability was due to factors outside the control of the party required to comply with the order.
10Breach of dispute resolution orders
(1)This regulation applies to a dispute resolution order as in force immediately before the repeal of Part 16 of the Residential Tenancies Act 1997 if—
(a)before the repeal of Part 16 of that Act, a party applied for a notice under regulation 28(2)(b) of the COVID-19 Regulations and on and after that repeal, that notice has not been given; or
(b)on and after the repeal of Part 16 of that Act, a party to that order considers that the order has not been complied with, whether the non-compliance occurred before, on or after that repeal.
(2)If a party considers that a dispute resolution order to which this regulation applies has not been complied with, the party may apply to VCAT in relation to the eligible dispute to which that order relates.
(3)VCAT may—
(a)determine an application made under subregulation (2); and
(b)make any orders that VCAT considers appropriate.
(4)In determining an application under subregulation (2), VCAT must consider—
(a)the dispute resolution order, including whether the order was made by consent or otherwise; and
(b)if the dispute resolution order was not made by consent, the reasons for making the order; and
(c)any evidence of the conduct of the parties since the dispute resolution order came into effect; and
(d)any statement by the chief dispute resolution officer in the reasons for making the dispute resolution order as to whether the chief dispute resolution officer was satisfied that a party to the dispute—
(i)did not participate in mediation or conciliation; or
(ii)did not participate in mediation or conciliation in good faith.
11Failure to comply with terms of agreement
(1)This regulation applies to a written agreement prepared under regulation 18(2) of the COVID-19 Regulations immediately before the repeal of Part 16 of the Residential Tenancies Act 1997, if—
(a)on that repeal, the chief dispute resolution officer has not done one of the following after receiving notice under regulation 19(1) of the COVID-19 Regulations—
(i)amended the agreement; or
(ii)extended the time for compliance with the agreement; or
(iii)made a dispute resolution order under regulation 16(6)(b) of the COVID-19 Regulations in relation to the eligible dispute; or
(iv)given a notice under regulation 21(1) of the COVID-19 Regulations that the eligible dispute has not been resolved by alternative dispute resolution; or
(b)on and after the repeal of Part 16 of that Act, a party to the written agreement considers that the agreement has not been complied with, whether the non-compliance occurred before, on or after that repeal.
(2)If a party considers that a written agreement to which this regulation applies has not been complied with in part or in whole, the party may apply to VCAT in relation to the eligible dispute to which the agreement relates.
(3)If satisfied that the agreement has not been complied with, VCAT may—
(a)amend the agreement; or
(b)extend the time for compliance with the agreement; or
(c)terminate the agreement and make any orders that VCAT considers appropriate.
12Tenants or renters not liable for compensation or lease break fees
(1)This regulation applies if—
(a)the tenant or renter—
(i)before the repeal of Part 16 of the Residential Tenancies Act 1997, gave a notice of intention to vacate under Subdivision 3 of Division 1 of Part 6 of the Residential Tenancies Act 1997; and
(ii)meets one of the following—
(A)is a tenant or renter referred to in section 237(1)(b), (c), (d) or (e) or section 545(1)(e) or (f) of that Act as in force immediately before its repeal;
(B)is excluded from the rented premises the subject of the tenancy agreement or residential rental agreement (as the case may be) under a family violence intervention order, non-local DVO made by a court that is a recognised DVO or personal safety intervention order;
(C)is a protected person under a family violence intervention order, non-local DVO made by a court that is a recognised DVO or personal safety intervention order and is seeking to reduce the term of the tenancy agreement or residential rental agreement (as the case may be) to protect their own safety or the safety of their children;
(D)is suffering severe hardship; and
(iii)vacated the premises on or after the termination date specified in the notice, whether before, on or after the repeal of Part 16 of that Act; or
(b)VCAT made an order in respect of the tenant or renter under section 543 of that Act for a reduction in the term of a fixed term tenancy agreement or residential rental agreement (as the case may be).
(2)On an application for compensation by a landlord or residential rental provider under Part 5 of the Residential Tenancies Act 1997 on and after the repeal of Part 16 of that Act, a tenant or renter referred to in subregulation (1) is not liable—
(a)to compensate the landlord or residential rental provider for loss suffered by the landlord or residential rental provider as a result of the early termination of a tenancy agreement or residential rental agreement (as the case may be); or
(b)to pay any lease break fee (however described) in relation to the early termination of the tenancy agreement or residential rental agreement (as the case may be).
(3)VCAT must not make an order under Part 5 of the Residential Tenancies Act 1997 directing a tenant or renter referred to in subregulation (1) to pay compensation to a landlord or residential rental provider for loss suffered by the landlord or the residential rental provider as a result of the early termination of a tenancy agreement or residential rental agreement (as the case may be), including any loss of rent that would have been payable under the agreement if it had not been terminated.
(4)For the purposes of determining an application referred to in subregulation (2)—
(a)section 237 of the Residential Tenancies Act 1997, as modified by regulation 34 of the COVID‑19 Regulations and as in force immediately before its repeal, continues to apply as if it had not been repealed; and
(b)section 545 of the Residential Tenancies Act 1997, as modified by regulation 39 of the COVID‑19 Regulations and as in force immediately before its repeal, continues to apply as if it had not been repealed.
13Site tenants not liable for compensation or lease break fees
(1)This regulation applies if—
(a)the site tenant—
(i)before the repeal of Part 16 of the Residential Tenancies Act 1997, gave a notice of intention to vacate to the site owner under Subdivision 3 of Division 3A of Part 6 of that Act; and
(ii)meets one of the following—
(A)is a site tenant referred to in section 317T(1)(b), (c) or (d) or section 578(1)(d) or (e) of that Act as in force immediately before its repeal;
(B)is excluded from the Part 4A site the subject of the site agreement under a family violence intervention order, non-local DVO made by a court that is a recognised DVO or personal safety intervention order;
(C)is a protected person under a family violence intervention order, non-local DVO made by a court that is a recognised DVO or personal safety intervention order and is seeking to reduce the term of the site agreement to protect their own safety or the safety of their children;
(D)is suffering severe hardship; and
(iii)vacated the site on or after the termination date specified in the notice, whether before, on or after the repeal of Part 16 of that Act; or
(b)VCAT made an order in respect of the site tenant under section 576 of that Act for a reduction in the term of a fixed term site agreement.
(2)On an application for compensation by the site owner under Part 5 of the Residential Tenancies Act 1997, on and after the repeal of Part 16 of that Act, a site tenant referred to in subregulation (1) is not liable—
(a)to compensate the site owner for loss suffered by the site owner as a result of the early termination of a site agreement; or
(b)to pay any lease break fee (however described) in relation to the early termination of the site agreement.
(3)VCAT must not make an order under Part 5 of the Residential Tenancies Act 1997 directing a site tenant referred to in subregulation (1) to pay compensation to a site owner for loss suffered by the site owner as a result of the early termination of a site agreement, including any loss of rent that would have been payable under the site agreement if it had not been terminated.
(4)For the purposes of determining an application referred to in subregulation (2)—
(a)section 317T of the Residential Tenancies Act 1997, as modified by regulation 35 of the COVID‑19 Regulations and as in force immediately before its repeal, continues to apply as if it had not been repealed; and
(b)section 578 of the Residential Tenancies Act 1997, as modified by regulation 49 of the COVID‑19 Regulations and as in force immediately before its repeal, continues to apply as if it had not been repealed.
14No breach of duty or term if COVID-19 reason—tenancy agreement
Despite the repeal of section 542 of the Residential Tenancies Act 1997, a tenant, renter, landlord or residential rental provider who would have breached a term of a tenancy agreement or a relevant duty provision but for section 542 (as in force immediately before its repeal) during the period that section was in operation, is taken, on and after that repeal, not to have breached the term or provision during that period if the tenant, renter, landlord or residential rental provider (as the case may be) was unable to comply with, or it was not reasonably practicable for that entity to comply with, that term or provision because of a COVID-19 reason.
15No breach of duty or term if COVID-19 reason—rooming houses
Despite the repeal of section 555 of the Residential Tenancies Act 1997, a resident, rooming house owner or rooming house operator who would have breached a term of an agreement referred to in section 94(2) of that Act (as in force immediately before the commencement of section 5(1) of the Residential Tenancies Amendment Act 2018) or a relevant duty provision but for section 555 (as in force immediately before its repeal) during the period that section was in operation, is taken, on and after that repeal, not to have breached the term or provision during that period if the resident, rooming house owner or rooming house operator (as the case may be) was unable to comply with, or it was not reasonably practicable for that entity to comply with, that term or provision because of a COVID-19 reason.
16No breach of duty if COVID-19 reason—caravan parks
Despite the repeal of section 565 of the Residential Tenancies Act 1997, a resident, caravan park owner or caravan owner who would have breached a relevant duty provision but for section 565 (as in force immediately before its repeal) during the period that section was in operation, is taken, on and after that repeal, not to have breached the provision during that period if the resident, caravan park owner or caravan owner (as the case may be) was unable to comply with, or it was not reasonably practicable for that entity to comply with, that provision because of a COVID-19 reason.
17No breach of duty or term if COVID-19 reason—site agreements
Despite the repeal of section 575 of the Residential Tenancies Act 1997, a site tenant or site owner who would have breached a term of a site agreement or a relevant duty provision but for section 575 (as in force immediately before its repeal) during the period that section was in operation, is taken, on and after that repeal, not to have breached the term or provision during that period if the site tenant or site owner (as the case may be) was unable to comply with, or it was not reasonably practicable for that entity to comply with, that provision because of a COVID-19 reason.
18No breach of duty or term if COVID-19 reason—SDA residency agreements
Despite the repeal of section 588 of the Residential Tenancies Act 1997, an SDA resident or SDA provider who would have breached a term of an SDA residency agreement or a relevant duty provision but for section 588 (as in force immediately before its repeal) during the period that section was in operation, is taken, on an after that repeal, not to have breached the term or provision during that period if the SDA resident or SDA provider (as the case may be) was unable to comply with, or it was not reasonably practicable for that entity to comply with, that provision because of a COVID-19 reason.
19Listing cannot be made in relation to certain breaches
Despite the repeal of section 596 of the Residential Tenancies Act 1997, a landlord, residential rental provider or database operator must not list personal information about a person in a residential tenancy database under section 439E of that Act for the circumstances referred to in section 596(1)(a), (b) and (c) of that Act as in force immediately before its repeal, that occurred during the period that section 596 was in operation.
20Applications for warrants of possession
(1)This regulation applies if—
(a)an application for a possession order was made under Part 7 of the Residential Tenancies Act 1997 before 25 April 2020 and the possession order to which the application relates was made on or after 29 March 2020; or
(b)a possession order was made under Part 7 of that Act before 29 March 2020 and section 613 of the Residential Tenancies Act 1997 applied to the possession order immediately before that section's repeal.
(2)Despite the repeal of Part 16 of the Residential Tenancies Act 1997—
(a)a landlord, residential rental provider, rooming house owner, rooming house operator, caravan park owner, caravan owner, site owner, SDA provider or mortgagee is not entitled to obtain a warrant of possession under Part 7 of that Act in relation to an application or possession order to which this regulation applies; and
(b)a warrant of possession must not be issued in accordance with section 351 of that Act, despite any direction on a possession order to which this regulation applies.
21Notices to vacate for the non-payment of rent and for successive breaches by a site tenant of duty to pay rent
(1)This regulation applies to an eligible dispute that—
(a)either—
(i)the Director referred to VCAT in accordance with regulation 7(1); or
(ii)the chief dispute resolution officer gave written notice in accordance with regulation 8(2) to VCAT and the parties to the eligible dispute that the dispute has not been resolved by alternative dispute resolution; and
(b)VCAT is to deal with in accordance with regulation 7(2) or 8(4), as the case requires.
(2)A notice to vacate for the non-payment of rent under section 91ZM, 142ZF, 206AU or 498ZX(1)(a) of the Residential Tenancies Act 1997 must not be given and any notice purportedly given is of no effect if—
(a)an eligible dispute to which this regulation applies is referred to VCAT and the dispute is about a payment related matter; or
(b)on and after the repeal of Part 16 of that Act, a payment related application is made in respect of the eligible dispute that has not been resolved by alternative dispute resolution.
(3)A notice to vacate given under section 207ZB of the Residential Tenancies Act 1997 in respect of successive breaches by a site tenant of the duty to pay rent must not be given and any notice purportedly given is of no effect if—
(a)an eligible dispute to which this regulation applies is referred to VCAT and the dispute is about a payment related matter; or
(b)on and after the repeal of Part 16 of that Act, a payment related application is made in respect of the eligible dispute that has not been resolved by alternative dispute resolution.
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The COVID-19 Omnibus (Emergency Measures) Transitional Regulations 2021, S.R. No. 19/2021 were made on 23 March 2021 by the Governor in Council under section 62 of the COVID‑19 Omnibus (Emergency Measures) Act 2020, No. 11/2020 and came into operation on 28 March 2021: regulation 3.
The COVID-19 Omnibus (Emergency Measures) Transitional Regulations 2021 will sunset 10 years after the day of making on 23 March 2031 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the COVID-19 Omnibus (Emergency Measures) Transitional Regulations 2021 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
This version does not contain amendments that are not yet in operation.
4 Explanatory details
[1] Reg. 4 def. of COVID-19 Regulations: S.R. No. 35/2020 as amended by S.R. No. 95/2020.
[2] Reg. 4 def. of eligible dispute: S.R. No. 3/2021.
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