Estate Agents, Residential Tenancies and Other Acts Amendment (Funding) Act 2024 (Vic)
Estate Agents, Residential Tenancies and Other Acts Amendment (Funding) Act 2024
No. 17 of 2024
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Estate Agents Act 1980
3Definitions
4Payments out of Fund
Part 3—Amendment of Residential Tenancies Act 1997
5Payments out of Residential Tenancies Fund
6Statute law revision
Part 4—Amendment of Business Licensing Authority Act 1998
7Sections 25A and 25B repealed
8Statute law revision
Part 5—Further amendment of Estate Agents Act 1980
9Definitions
10Part IIA repealed
11Powers of Authority to enter into agreements
12Functions of Director
13Powers of Director to enter into agreements
14Delegation by Director
15Payments out of Fund
16Application of excess money in Fund
17Complaints concerning estate agents etc. are privileged
18New Division 4 of Part IX inserted
Part 6—Amendment of Public Records Act 1973
20Sale or other disposal of prescribed records
23Statute law revision
Part 7—Repeal of this Act
24Repeal of this Act
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Endnotes
1 General information
Estate Agents, Residential Tenancies and Other Acts Amendment (Funding) Act 2024
No. 17 of 2024
[Assented to 21 May 2024]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The purposes of this Act are—
(a)to amend the Estate Agents Act 1980 and the Residential Tenancies Act 1997 in relation to funding dispute resolution and advocacy services; and
(b)to further amend the Estate Agents Act 1980 to abolish the Estate Agents Council; and
(c)to amend the Business Licensing Authority Act 1998 to facilitate the closure of the Sex Work Regulation Fund; and
(d)to make various statute law revision amendments in relation to these Acts.
2Commencement
(1)This Act except Parts 4, 5 and 6 comes into operation on the day after the day on which this Act receives the Royal Assent.
(2)Parts 4, 5 and 6 come into operation on 30 June 2024.
PART 2—AMENDMENT OF ESTATE AGENTS ACT 1980
3Definitions
In section 4(1) of the Estate Agents Act 1980, in the definition of Secretary, for "Justice" substitute "Government Services".
4Payments out of Fund
(1)After section 75(1)(hg) of the Estate Agents Act 1980 insert—
"(hh)without limiting paragraphs (e), (ea), (f), (hc), (he), (hf) or (hg), costs and expenses of establishing, and the on-going funding, operation and administration of the provision of dispute resolution services for disputes arising under the following housing and property related consumer Acts and the regulations made under those Acts—
(i)this Act;
(ii)the Company Titles (Home Units) Act 2013;
(iii)the Conveyancers Act 2006;
(iv)the Owners Corporations Act 2006;
(v)the Residential Tenancies Act 1997;
(vi)the Retirement Villages Act 1986;
(vii)the Rooming House Operators Act 2016;
(viii)the Sale of Land Act 1962;
(ix)any other prescribed housing and property related consumer Act;
(hi)funding the provision of consumer advocacy and assistance services under any housing and property related consumer Act referred to in paragraph (hh), including any regulations made under those Acts;".
(2)After section 75(1) of the Estate Agents Act 1980 insert—
"(1A)Nothing in subsection (1)(hh) or (hi) limits the operation of section 76.".
PART 3—AMENDMENT OF RESIDENTIAL TENANCIES ACT 1997
5Payments out of Residential Tenancies Fund
After section 493(a) of the Residential Tenancies Act 1997 insert—
"(ab)any money to fund the establishment, funding, operation and administrative costs for, or associated with, the provision of dispute resolution services for prescribed disputes arising under this Act and the regulations made under this Act; and".
6Statute law revision
(1)In section 57 of the Residential Tenancies Act 1997—
(a)in subsection (3A), for "Homes Victoria the" substitute "Homes Victoria, the";
(b)in subsection (4A), for "Victoria,," substitute "Victoria,".
(2)In section 3(1) of the Residential Tenancies Act 1997—
(a)in the definition of bond—
(i)in paragraph (a), for "his or her" substitute "the renter's";
(ii)in paragraph (b), for "his or her" substitute "the resident's";
(iii)in paragraph (c), for "his or her" substitute "the site tenant's";
(b)in the definition of resident, for "his or her" (where twice occurring) substitute "the person's".
(3)In section 20(3)(a) of the Residential Tenancies Act 1997, for "his or her" substitute "the person's".
(4)In section 60(2)(b) of the Residential Tenancies Act 1997, for "his or her" substitute "the renter's".
(5)In section 70A(5) of the Residential Tenancies Act 1997, for "he or she" substitute "the residential rental provider or that person's agent".
(6)In section 86(1)(e) of the Residential Tenancies Act 1997, for "his or her" substitute "the renter's".
(7)In section 92(1)(a) of the Residential Tenancies Act 1997, for "he or she" substitute "the resident".
(8)In section 94D(3) of the Residential Tenancies Act 1997, for "he or she gives" substitute "given".
(9)In section 111(2) of the Residential Tenancies Act 1997, for "his or her" substitute "the resident's".
(10)In section 112(2) of the Residential Tenancies Act 1997, for "his or her" substitute "the existing resident's".
(11)In section 113(1) of the Residential Tenancies Act 1997, for "his or her" substitute "the resident's".
(12)In section 116(1) of the Residential Tenancies Act 1997, for "his or her" substitute "the resident's".
(13)In section 121(a) of the Residential Tenancies Act 1997, for "his or her" substitute "the resident's".
(14)In section 122 of the Residential Tenancies Act 1997, for "his or her" (where twice occurring) substitute "the resident's".
(15)In section 123 of the Residential Tenancies Act 1997, for "his or her" substitute "the resident's".
(16)In section 135 of the Residential Tenancies Act 1997, for "his or her" substitute "the resident's".
(17)In section 137(d) of the Residential Tenancies Act 1997, for "his or her" substitute "the resident's".
(18)In the example at the foot of section 142K(2) of the Residential Tenancies Act 1997, for "his or her" substitute "for the individual's".
(19)In section 143(a) of the Residential Tenancies Act 1997, for "he or she" substitute "the resident".
(20)In section 145 of the Residential Tenancies Act 1997—
(a)for "his or her" (where twice occurring) substitute "the person's";
(b)for "he or she" substitute "the person".
(21)In section 167(2) of the Residential Tenancies Act 1997, for "his or her" substitute "the resident's".
(22)In section 170 of the Residential Tenancies Act 1997, for "his or her" substitute "the resident's".
(23)In section 173(1) of the Residential Tenancies Act 1997, for "his or her" substitute "the resident's".
(24)In section 194 of the Residential Tenancies Act 1997, for "his or her" substitute "the resident's".
(25)In section 195(1) of the Residential Tenancies Act 1997, for "his or her" substitute "the resident's".
(26)In section 195(4) of the Residential Tenancies Act 1997, for "himself or herself" substitute "personally".
(27)In section 197 of the Residential Tenancies Act 1997, for "his or her" substitute "the resident's".
(28)In section 201(d) of the Residential Tenancies Act 1997, for "his or her" substitute "the resident's".
(29)In section 206B(b) of the Residential Tenancies Act 1997, for "his or her" substitute "the site tenant's".
(30)In section 206JA(1)(a) of the Residential Tenancies Act 1997, for "his or her" substitute "the site tenant's".
(31)In section 206ZI(2)(b) of the Residential Tenancies Act 1997, for "his or her" substitute "the site tenant's".
(32)In section 206ZL of the Residential Tenancies Act 1997, for "his or her" substitute "the site tenant's".
(33)In section 206ZO(1) of the Residential Tenancies Act 1997, for "his or her" substitute "the site tenant's".
(34)In section 206ZZB of the Residential Tenancies Act 1997, for "he or she" substitute "the site tenant".
(35)In section 206ZZJ(d) of the Residential Tenancies Act 1997, for "his or her" substitute "the site tenant's".
(36)In section 208(2)(g) of the Residential Tenancies Act 1997, for "his or her" substitute "that person's".
(37)In section 333 of the Residential Tenancies Act 1997—
(a)in subsection (2), for "he or she" substitute "the renter or resident";
(b)in subsection (3), for "he or she" (where twice occurring) substitute "the resident".
(38)In section 362(1) of the Residential Tenancies Act 1997, for "he or she" substitute "the sheriff".
(39)In section 363 of the Residential Tenancies Act 1997, for "he or she" substitute "that former resident or other person".
(40)In section 365(2) of the Residential Tenancies Act 1997, for "he or she" substitute "the sheriff".
(41)In section 382(1) of the Residential Tenancies Act 1997, for "he or she" substitute "the person".
(42)In section 394 of the Residential Tenancies Act 1997, for "he or she" substitute "the purchaser".
(43)In section 486(a)(i) and (d) of the Residential Tenancies Act 1997, for "him or her" substitute "the Director".
(44)In section 488 of the Residential Tenancies Act 1997, for "his or her" substitute "the Director's".
(45)In section 499 of the Residential Tenancies Act 1997—
(a)in subsection (2), for "his or her" substitute "the relevant person's";
(b)in subsection (3)(c), for "his or her" substitute "the person's".
(46)In section 502 of the Residential Tenancies Act 1997, for "his or her" substitute "their".
(47)In section 510C(1) of the Residential Tenancies Act 1997, for "he or she" substitute "the authorised officer".
(48)In section 524(1) of the Residential Tenancies Act 1997, for "his or her" substitute "the Minister's".
(49)In section 525(6)(a) of the Residential Tenancies Act 1997 omit "his or her".
PART 4—AMENDMENT OF BUSINESS LICENSING AUTHORITY ACT 1998
7Sections 25A and 25B repealed
Sections 25A and 25B of the Business Licensing Authority Act 1998 are repealed.
8Statute law revision
(1)In section 5(2) of the Business Licensing Authority Act 1998, for "he or she" substitute "the person".
(2)In section 16 of the Business Licensing Authority Act 1998, for "his or her" substitute "the Registrar's".
(3)In section 17(1) of the Business Licensing Authority Act 1998, for "he or she" substitute "the Registrar".
(4)In section 21(4)(a) of the Business Licensing Authority Act 1998, for "his or her" substitute "the person's".
(5)In the Schedule to the Business Licensing Authority Act 1998—
(a)in clause 1(1)—
(i)in paragraph (a), for "his or her" substitute "the member's";
(ii)in paragraph (c), for "him or her" substitute "the member";
(b)in clause 3—
(i)in subclause (1), for "he or she" substitute "the member";
(ii)in subclause (2)(b), for "his or her" substitute "the member's";
(c)in clause 4(2), for "he or she" substitute "the Deputy Chairperson";
(d)in clause 5(2), for "he or she" (wherever occurring) substitute "the person";
(e)in clause 7(1), for "his or her" substitute "the member's".
PART 5—FURTHER AMENDMENT OF ESTATE AGENTS ACT 1980
9Definitions
In section 4 of the Estate Agents Act 1980, the definition of Council is repealed.
10Part IIA repealed
Part IIA of the Estate Agents Act 1980 is repealed.
11Powers of Authority to enter into agreements
In section 8(1) of the Estate Agents Act 1980 omit "and after consultation with the Council".
12Functions of Director
Section 9(d) of the Estate Agents Act 1980 is repealed.
13Powers of Director to enter into agreements
In section 10(1) of the Estate Agents Act 1980 omit "and after consultation with the Council".
14Delegation by Director
In section 11(2) of the Estate Agents Act 1980 omit "consult with the Council and".
15Payments out of Fund
Section 75(1)(c) and (d) of the Estate Agents Act 1980 are repealed.
16Application of excess money in Fund
In section 76(3) of the Estate Agents Act 1980—
(a)omit "the Council and";
(b)for "she or he" substitute "the Minister";
(c)in paragraph (d)(iii), for "his or her" substitute "their".
17Complaints concerning estate agents etc. are privileged
In section 92C of the Estate Agents Act 1980—
(a)in paragraph (a), for ", the Director or the Council" substitute "or the Director";
(b)in paragraph (b) omit ", Council".
18New Division 4 of Part IX inserted
After Division 3 of Part IX of the Estate Agents Act 1980 insert—
"Division 4—Estate Agents, Residential Tenancies and Other Acts Amendment (Funding) Act 2024
105Estate Agents Council abolished
(1)On the commencement day—
(a)the Estate Agents Council established by section 6 as in force immediately before the commencement day is abolished; and
(b)any person holding office as a member of the Estate Agents Council immediately before the commencement day ceases to hold office.
(2)In this section—
commencement day means the day on which Part 5 of the Estate Agents, Residential Tenancies and Other Acts Amendment (Funding) Act 2024 comes into operation.".
PART 6—AMENDMENT OF PUBLIC RECORDS ACT 1973
20Sale or other disposal of prescribed records
(1)In section 17(2) of the Public Records Act 1973, for "his" substitute "the owner's".
(2)In section 17(5) of the Public Records Act 1973—
(a)for "he" (where first and thirdly occurring) substitute "the Minister";
(b)for "he refuses to consent" substitute "consent is refused".
23Statute law revision
(1)In section 2 of the Public Records Act 1973, in paragraph (a) of the definition of public record, for "his" substitute "the officer's".
(2)In section 7(a) of the Public Records Act 1973, for "his control" substitute "the control of the Keeper of Public Records".
(3)In section 8(b) of the Public Records Act 1973—
(a)for "he" substitute "the Keeper of Public Records";
(b)for "his control" substitute "the control of the Keeper of Public Records".
(4)In section 9(1) of the Public Records Act 1973, for "he" substitute "the Minister".
(5)In section 11(1) of the Public Records Act 1973, for "his control" substitute "the control of the Keeper of Public Records".
(6)In section 14(1) of the Public Records Act 1973, for "he" substitute "the Minister".
(7)In section 15(1) of the Public Records Act 1973, for "his opinion" substitute "the opinion of the Keeper of Public Records".
(8)In section 16 of the Public Records Act 1973—
(a)in subsection (1), for "he" substitute "the Minister";
(b)in subsection (3)(b), for "his opinion" substitute "the opinion of the Keeper of Public Records";
(c)in subsection (5), for "him" substitute "the Keeper of Public Records".
(9)In section 20 of the Public Records Act 1973, for "he" substitute "the Keeper of Public Records".
(10)In section 21 of the Public Records Act 1973—
(a)in subsection (1), for "his functions" substitute "the functions of the Keeper of Public Records";
(b)in subsection (2) omit "with him".
PART 7—REPEAL OF THIS ACT
24Repeal of this Act
This Act is repealed on 30 June 2025.
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: 21 February 2024
Legislative Council: 21 March 2024
The long title for the Bill for this Act was "A Bill for an Act to amend the Residential Tenancies Act 1997 in relation to funding dispute resolution and advocacy services, to amend the Estate Agents Act 1980 in relation to funding dispute resolution and advocacy services and to abolish the Estate Agents Council, to amend the Business Licensing Authority Act 1998 to facilitate closure of the Sex Work Regulation Fund, to amend the Public Records Act 1973 and for other purposes."
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