National Rental Affordability Scheme Regulations 2008 (Cth)
National Rental Affordability Scheme Regulations 2008
Select Legislative Instrument No. 232, 2008
made under the
National Rental Affordability Scheme Act 2008
Compilation No. 14
Compilation date: 9 March 2019
Includes amendments up to: F2019L00273
Registered: 14 March 2019
About this compilation
This compilation
This is a compilation of the National Rental Affordability Scheme Regulations 2008 that shows the text of the law as amended and in force on 9 March 2019 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary 1
1............ Name of Regulations.................................................................................................... 1
3............ The National Rental Affordability Scheme.................................................................. 1
4............ Definitions.................................................................................................................... 1
5............ Meaning of rental dwelling.......................................................................................... 4
Part 2—Application 5
6............ Purpose......................................................................................................................... 5
7............ Call for applications...................................................................................................... 5
8............ Form of application....................................................................................................... 5
9............ Time for dealing with applications............................................................................... 5
Part 3—Allocation 6
Division 1—General 6
10.......... Purpose......................................................................................................................... 6
11.......... Assessment criteria for allocations............................................................................... 6
12.......... Assessment of applications........................................................................................... 6
13.......... Offers of allocation....................................................................................................... 6
14.......... Allocations.................................................................................................................... 7
15.......... Notification to approved participants........................................................................... 8
16.......... Conditions of allocation................................................................................................ 9
17.......... Statement of Compliance............................................................................................ 11
18.......... Determining market value rent................................................................................... 12
19.......... Eligible tenants........................................................................................................... 13
Division 1A—Transfer and revocation of allocations 15
Subdivision A—Transfer on request 15
20.......... Transfer of allocation to another rental dwelling....................................................... 15
21.......... Transfer of allocation to another person or entity...................................................... 15
Subdivision B—Revocation generally 15
22.......... Revocation of allocation other than provisional allocation........................................ 15
22A....... Revocation of provisional allocation.......................................................................... 16
22B....... Matters that may be taken into account by Secretary in deciding to revoke an allocation 17
Subdivision C—Transfer or revocation because of breach 17
22BA.... Individual breach........................................................................................................ 17
22BB..... Serious breach............................................................................................................. 18
22BC..... Disqualifying breach................................................................................................... 19
22BD.... Approved participants code of conduct...................................................................... 19
22BE..... Secretary may determine breach on own initiative or on request by an investor....... 20
22BF..... Secretary must notify proposed determination........................................................... 21
22BG.... Transfer or revocation because of breach................................................................... 21
22BH.... Secretary may redirect incentive................................................................................ 22
22BJ...... Statement of compliance if allocation is transferred.................................................. 24
Subdivision D—General provisions 24
22C....... Contracts do not prevent transfers.............................................................................. 24
22D....... Obligations of approved participants when allocations are transferred...................... 24
Division 1B—Variation of certain conditions 25
23.......... Variation of certain conditions................................................................................... 25
Division 2—Variation of reservation of allocation 26
23A....... Applications to vary conditions of reservation—general........................................... 26
23B....... Application to vary dwelling’s location or style......................................................... 26
23C....... Application to vary dwelling’s agreed rental availability date................................... 27
23D....... Decisions on applications........................................................................................... 27
Part 4—Incentives 28
Division 1—Receiving incentives 28
24.......... Purpose....................................................................................................................... 28
25.......... Entitlement to receive incentives................................................................................ 28
25A....... Additional eligibility in 2012–13 and 2013–14 NRAS years..................................... 29
26.......... Full incentive amount for standard dwelling.............................................................. 29
27.......... Full incentive amount for subsidiary dwelling........................................................... 29
28.......... Reductions from full incentive amount...................................................................... 30
28A....... Elections to receive incentive as tax offset certificate................................................ 31
28AA.... Effect of election agreed to by Secretary.................................................................... 32
29.......... Receipt of incentives................................................................................................... 32
30.......... Variation of incentive amount.................................................................................... 33
Division 2—Obligations in relation to incentives 34
30A....... Approved participant’s obligations to investors......................................................... 34
30B....... Obligation to pass on incentives in timely manner..................................................... 34
30C....... Incentives not to be withheld or refused if investor fails or refuses to accept other services provided by approved participant................................................................................................... 34
30D....... Incentives not to be withheld or refused if bond not paid.......................................... 35
30E........ Approved participant must give summary of code of conduct to investors............... 35
Part 5—Ancillary matters 36
31.......... Record keeping........................................................................................................... 36
32.......... Sharing and use of information................................................................................... 36
32A....... Secretary may request other documents and information........................................... 36
32B....... Notice of end of allocation......................................................................................... 37
33.......... Review by AAT of decisions by Secretary................................................................. 37
Part 6—Transitional provisions 38
Division 1—Amendments made by the National Rental Affordability Scheme Amendment (Administrative Processes) Regulations 2017 38
34.......... Application—vacancy periods.................................................................................... 38
35.......... Application—variation of conditions of the reservation of an allocation.................. 38
Division 2—Amendments made by the National Rental Affordability Scheme Amendment (Investor Protection) Regulations 2017 39
36.......... Application................................................................................................................. 39
Division 3—Amendments made by the National Rental Affordability Scheme Amendment (Approved Participant Obligations) Regulations 2017 40
37.......... Application................................................................................................................. 40
Division 4—Amendments made by the National Rental Affordability Scheme Amendment (Investor Protection) Regulations 2018 41
38.......... Application................................................................................................................. 41
Division 5—Amendments made by the National Rental Affordability Scheme Amendment (Investor Protection) Regulations 2019 42
40.......... Definitions.................................................................................................................. 42
41.......... Operation of Subdivision C of Division 1A of Part 3................................................ 42
42.......... Internal review of incentive amounts under regulation 28......................................... 42
Schedule 1—Sets of assessment criteria 43
Endnotes51
Endnote 1—About the endnotes 51
Endnote 2—Abbreviation key 52
Endnote 3—Legislation history 53
Endnote 4—Amendment history 54
Endnote 5—Editorial changes 59
Part 1—Preliminary
1Name of Regulations
These Regulations are the National Rental Affordability Scheme Regulations 2008.
3The National Rental Affordability Scheme
For section 5 of the Act, these Regulations constitute the National Rental Affordability Scheme (the Scheme).
4Definitions
In these Regulations:
Act means the National Rental Affordability Scheme Act 2008.
agreed rental availability date, for a rental dwelling to which a reservation of an allocation relates, means:
(a)the rental availability date for the dwelling in a reporting timetable included in the conditions of the reservation of the allocation; or
(b)if a later rental availability date in relation to the dwelling has been agreed by the Secretary under these Regulations—the most recently agreed rental availability date for the dwelling.
applicant means a person or entity that:
(a)has made an application under subregulation 8(1) in relation to a proposal for one or more projects of rental dwellings; and
(b)is not an approved participant in relation to those dwellings.
approved participant, for an approved rental dwelling, means a person or entity to which an allocation in relation to the dwelling:
(a)has been made under regulation 14; or
(b)has been transferred under regulation 21 or 22BG.
approved participants code of conduct has the meaning given by regulation 22BD(1).
approved rental dwelling means a rental dwelling in relation to which an allocation:
(a)has been made under regulation 14; or
(b)has been transferred under regulation 20.
associated party, in relation to an approved rental dwelling, means a person, other than the approved participant or a tenant of an approved rental dwelling, who:
(a)is a party to an agreement that relates to the approved rental dwelling; and
(b)under the agreement, is required to pass on to another person who is not the approved participant any payment or benefit (including rent) relating to the approved rental dwelling.
call for applications means a call for applications under regulation 7.
compliance breach has the meaning given by subregulation 22BA(4).
conditions of the allocation, in relation to an approved rental dwelling, means the conditions set out in regulation 16.
conditions of the reservation of an allocation in relation to a rental dwelling means:
(a)the conditions relating to location, style, size and special attributes (if any) of the dwelling identified in the offer of the reservation under subparagraphs 13(2)(a)(iia) and (iii); and
(b)the other conditions specified under subregulation 13(3).
consumer protection law has the same meaning as in the Australian Postal Corporation Act 1989.
disqualifying breach has the meaning given by regulation 22BC.
eligible tenant has the meaning given by regulation 19.
endorsed charitable institution means an entity that is endorsed as exempt from income tax by the Commissioner of Taxation under section 50‑105 of the Income Tax Assessment Act 1997.
individual breach has the meaning given by subregulation 22BA(1).
insolvency event has the meaning given by subregulation 22BA(2).
investor, in relation to an approved rental dwelling, means a person:
(a)who is the legal or beneficial owner of the rental dwelling; and
(b)who is not an approved participant in relation to the dwelling.
market value rent has the meaning given by regulation 18.
NRAS incentive index means the Rents component of the Housing Group of the Consumer Price Index for the year, December quarter to December quarter as at 1 March of the immediately preceding NRAS year, using the Summary Table weighted average rate of eight capital cities housing component, as published in the Australian Bureau of Statistics publication Cat. no. 6401.0—Consumer Price Index, Australia, CPI: Group, Sub‑group and Expenditure Class, rounded to the nearest single decimal point.
NRAS market index means the Rents component of the Housing Group of the Consumer Price Index for the year, December quarter to December quarter as at 1 March of the immediately preceding NRAS year, using the capital city index for the relevant State, as published in the Australian Bureau of Statistics publication Cat. no. 6401.0—Consumer Price Index, Australia, CPI: Group, Sub‑group and Expenditure Class, Index Numbers by Capital City table (or equivalent), rounded to the nearest single decimal point.
NRAS tenant income index means the All Groups component of the Consumer Price Index, Percentage Change from Corresponding Quarter of Previous Year, December quarter, using the all groups weighted average of eight capital cities, as published in the Australian Bureau of Statistics publication Cat. no. 6401.0—Consumer Price Index, Australia, CPI: Groups, Weighted Average of Eight Capital Cities, Index Numbers and Percentage Changes, rounded to the nearest single decimal point.
pass on, in relation to an incentive, has the meaning given by subregulation 30A(2).
project means a set of related dwellings, and may include:
(a)a development of dwellings, or some dwellings within a development; or
(b)a set of dwellings in a nominated location; or
(c)for small pockets of dwellings—dwellings in more than 1 location.
proposal means a submission in an application to the National Rental Affordability Scheme for allocations.
Note:A proposal may include 1 or more projects in a range of locations.
provisional allocation has the meaning given by subregulation 14(2C).
redirected, in relation to an incentive, has the meaning given by subregulation 22BH(5).
serious breach has the meaning given by subregulation 22BB(1).
special conditions has the meaning given by regulation 13.
subsidiary dwelling means a rental dwelling that is separately identifiable and tenanted, but is part of a larger dwelling.
tax offset certificate means a certificate of a kind mentioned in paragraph 9(a) of the Act.
transfer request has the meaning given by paragraph 22BE(1)(b).
transitional period means the period of 3 months beginning on the commencement of Part 1 of Schedule 1 to the National Rental Affordability Scheme Amendment (Provisional Allocations and Other Measures) Regulation 2014.
unfair contract, in relation to an approved rental dwelling, means a contract that:
(a)relates to the approved rental dwelling; and
(b)includes a term that:
(i)results in a significant imbalance in the rights and obligations of the parties to the contract; and
(ii)is not reasonably necessary to protect the legitimate interests of a person other than an investor; and
(iii)if applied, or relied upon, would cause detriment (whether financial or otherwise) to an investor.
Note:Terms used in these Regulations that are defined in the Act include the following:
allocation, in relation to an incentive period, means an allotment to an approved participant of an entitlement to receive an incentive for an approved rental dwelling in relation to an NRAS year that falls within the incentive period if conditions are satisfied in relation to the rental dwelling.
incentive means:
(a) a National Rental Affordability Scheme Tax Offset; or
(b) an amount payable for an NRAS year.
incentive period means a 10 year period that starts on or after 1 July 2008.
NRAS year (short for National Rental Affordability Scheme year) means:
(a) the period beginning on 1 July 2008 and ending on 30 April 2009; and
(b) the year beginning on 1 May 2009 and later years beginning on 1 May.
rental dwelling means a dwelling for which rent is payable and includes:
(a) a part of the dwelling or building that is capable of being lived in as a separate residence; and
(b) a unit that is a dwelling; and
(c) any dwelling prescribed by the regulations to be a rental dwelling for the purposes of this definition;
but does not include a caravan, houseboat, another kind of mobile dwelling or any dwelling prescribed by the regulations not to be a rental dwelling for the purposes of this definition.
Secretary means the Secretary of the Department.
5Meaning of rental dwelling
For the definition of rental dwelling in section 4 of the Act, a dwelling is not a rental dwelling if landlord, tenancy, building, and health and safety laws of the State or Territory and local government area in which the dwelling is located do not apply to it.
Part 2—Application
6Purpose
This Part sets out the process for a person or entity to make an application for allocations under the Scheme.
7Call for applications
(1)The Secretary may, from time to time, make a call for applications for allocations under the Scheme.
(2)The Secretary may, with a call for applications or later, issue guidelines about how a person or entity may apply for allocations in response to the call.
(3)A call for applications must specify the set of assessment criteria in Schedule 1 that will apply to applications in response to the call.
8Form of application
(1)An application for allocations in response to a call for applications may be made by:
(a)a person or entity to whom Division 380 of the Income Tax Assessment Act 1997 applies; or
(b)an endorsed charitable institution.
(2)An application must:
(a)be in writing; and
(b)comply with any guidelines for the call; and
(c)contain a proposal for 1 or more projects of rental dwellings to be approved for the Scheme; and
(d)describe the style, size and special attributes (if any) of the proposed dwellings.
(3)A project may include dwellings that will not be available for rent until a time in the future, including dwellings that have not yet been built and cannot yet be individually identified.
9Time for dealing with applications
The Secretary must:
(a)make reasonable efforts to determine the applications and notify applicants of the results within 6 months after the date applications are received; and
(b)in any case, notify each applicant of the status of the application by that time.
Part 3—Allocation
Division 1—General
10Purpose
This Part provides for the making, transfer and revocation of allocations under the Scheme.
11Assessment criteria for allocations
Sets of assessment criteria for allocations in relation to calls are set out in Schedule 1.
12Assessment of applications
(1)The Secretary must assess applications in accordance with the assessment criteria specified for the call for applications, taking into account the overall goals expressed in the criteria as well as considering the individual applications.
(1A)If a set of assessment criteria specified for a call for applications is divided into subsets, the Secretary:
(a)must assess applications in accordance with the criteria in subset 1; and
(b)if an application does not meet 1 or more of the criteria in subset 1, either:
(i)decide not to make an offer of allocation for the application; or
(ii)assess the application against the criteria in subset 2, before making a decision whether to make an offer of allocation; and
(c)if the application meets the criteria in subset 1, assess the application against the criteria in subset 2, before making a decision whether to make an offer of allocation.
(2)The Secretary may seek additional information from an applicant, or any other person, and may invite an applicant to vary an application.
(3)The Secretary may choose any combination of dwellings from an application.
13Offers of allocation
(1)The Secretary may make offers to applicants in accordance with an assessment made under regulation 12.
(2)An offer must:
(a)identify:
(i)for an allocation—the location of each dwelling by title reference or street address; and
(iia)for a reservation of allocation—the location of each dwelling by postcode or other regional reference; and
(ii)the number of dwellings in each postcode or region; and
(iii)the style, size and special attributes (if any) of each dwelling; and
(b)set out any conditions (special conditions) that will apply to an allocation in relation to particular dwellings or groups of dwellings covered by the offer; and
(c)specify whether the offer may be accepted in part; and
(d)set a period of not less than 4 weeks during which the offer remains open.
(3)An offer that relates to a dwelling that is not yet available for rent must specify conditions, which may include a reporting timetable, that must be satisfied before an allocation (other than a provisional allocation) will be made for the dwelling.
(4)When the Secretary is satisfied that no offer is likely to be made to a particular applicant, he or she must notify the applicant.
(5)If the Secretary does not make an offer to an applicant, or does not make an offer to an applicant that relates to a particular dwelling, the applicant may, apply in writing for the reasons for the Secretary’s decision.
(6)The Secretary must, within 28 days after receiving the request for the reasons mentioned in subregulation (5), provide reasons for the decision.
(7)If the applicant does not agree with the reasons for the Secretary’s decision, or does not receive the reasons within the required time mentioned in subregulation (6), the applicant may apply for internal review of the Secretary’s decision (the original decision).
(8)If the original decision was made by a delegate of the Secretary, the internal review must be conducted by the Secretary, or another delegate of the Secretary.
(9)If the original decision was made by the Secretary, the internal review must be conducted by the Secretary.
(10)The decision which is reached after the internal review is a new decision.
14Allocations
(1)When an offer is accepted by an applicant in relation to a dwelling, the Secretary must:
(a)make an allocation in relation to the dwelling, specifying the date from which the allocation will operate or is taken to have operated; or
(b)reserve an allocation in relation to the dwelling.
Note:A reservation of an allocation may be varied under Division 2.
(2)The Secretary may withdraw a reservation of an allocation in relation to a dwelling if any of the following events occur:
(a)the dwelling is not available for rent by the agreed rental availability date for the dwelling;
(b)the Secretary is satisfied that the dwelling will not be available for rent by the agreed rental availability date for the dwelling;
(c)the applicant fails to comply with any condition of the reservation;
(d)any advertisement relating to the reservation:
(i)is likely to mislead; or
(ii)misrepresents the Scheme; or
(iii)exaggerates or overstates the tax or other financial advantages resulting from involvement in the Scheme; or
(iv)presents the government as underwriting or endorsing the applicant, the dwelling or a proposed investment; or
(v)presents the government as dealing directly with investors; or
(vi)presents the government as being in partnership with any applicant, person or entity publishing details in association with the Scheme;
(e)the application for the allocation:
(i)includes information that is false or misleading; or
(ii)fails to include information that the applicant knew, or ought reasonably to have known, was relevant;
(f)an application made under Division 2 in relation to the reservation of the allocation:
(i)includes information that is false or misleading; or
(ii)fails to include information that the applicant knew, or ought reasonably to have known, was relevant.
Note:Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.
(2A)If the Secretary reserves an allocation in relation to a dwelling under paragraph (1)(b), the Secretary must make the allocation on the earlier of:
(a)the date when the conditions of the reservation of the allocation are satisfied; and
(b)the agreed rental availability date for the dwelling.
Note:The agreed rental availability date for a dwelling in relation to which a reservation of an allocation applies cannot be after 30 June 2016 (see regulation 23C).
(2B)An allocation made under subregulation (2A) operates on the day the allocation is made.
(2C)An allocation that is made on the agreed rental availability date for a dwelling under paragraph (2A)(b), and in relation to which the conditions of the reservation of the allocation have not been satisfied, is a provisional allocation.
(3)On making an allocation, or deciding to withdraw a reservation of an allocation, the Secretary must notify the applicant.
15Notification to approved participants
A notification of allocation must include the following:
(a)particulars of the allocation, including those identifying the approved rental dwelling; and
(b)the conditions that apply to the allocation; and
(c)for subsidiary dwellings—the incentive amount for each dwelling under regulation 27.
16Conditions of allocation
(1A)The Secretary must make an allocation for an incentive period in respect of a rental dwelling on the conditions set out in this regulation.
Note:See section 7 of the Act.
(1B)The rental dwelling must:
(a)not have been lived in as a residence at any time before the first day of the incentive period; or
(b)have been unfit for anyone to live in, and since the day on which it has been made fit for living in, not have been lived in as a residence between that day and the first day of the incentive period.
(1C)To the extent that the rental dwelling is rented during an NRAS year that falls within the incentive period:
(a)the rental dwelling must be rented to one or more eligible tenants; and
(b)the rent that is charged for the rental dwelling must, at all times during the year, be at least 20% less than the market value rent for the dwelling.
Note:Eligible tenant is defined in regulation 19.
(1D)To the extent that the rental dwelling is not rented during an NRAS year (the relevant NRAS year) that falls within the incentive period—the dwelling must not be vacant for:
(a)a period of more than 26 weeks during the relevant NRAS year (whether or not the period is continuous); or
(b)a continuous period of more than 26 weeks that:
(i)begins no more than 26 weeks before the end of the previous NRAS year; and
(ii)ends in the relevant NRAS year.
(1)The approved participant for an approved rental dwelling must lodge Statements of Compliance for the dwelling with the Department in accordance with regulation 17.
(2)The approved participant must ensure that each approved rental dwelling, and the management of it, complies, at the time (the first available rent time) the dwelling first becomes available for rent and at all times after the first available rent time, with the landlord, tenancy, building, and health and safety laws of the State or Territory and local government area in which the dwelling is located.
(2A)The approved participant must not, in relation to an allocation made to the approved participant:
(a)provide information to the Secretary or the Department that is false or misleading; or
(b)fail to provide information to the Secretary or the Department that the approved participant knows, or ought reasonably to know, is relevant.
(3)The approved participant must ensure that all special conditions are complied with.
(4)The approved participant for an approved rental dwelling must obtain market rent valuations of the dwelling in accordance with regulation 18 and subregulations (5) and (5A) of this regulation:
(a)when the dwelling is first available for rent under the National Rental Affordability Scheme; and
(b)at the end of the fourth and seventh years of the incentive period in respect of the dwelling.
(5)A market rent valuation of an approved rental dwelling obtained under paragraph (4)(a) or (b) must:
(a)relate to the market value rent for the dwelling on a date within the permitted valuation period for the market rent valuation; and
(b)specify the date to which the market value rent relates.
(5A)For subregulation (5):
(a)the permitted valuation period for a market rent valuation of an approved rental dwelling to be obtained under paragraph (4)(a) is the 26 week period:
(i)beginning 13 weeks before the day when the dwelling is first available for rent under the National Rental Affordability Scheme; and
(ii)ending at the end of 13 weeks after that day; and
(b)the permitted valuation period for a market rent valuation of an approved rental dwelling to be obtained under paragraph (4)(b) is the 26 week period:
(i)beginning 13 weeks before the last day of the fourth or seventh year (as the case may be) of the incentive period in respect of the dwelling; and
(ii)ending at the end of 13 weeks after that day.
(6)The approved participant for an approved rental dwelling:
(a)must lodge with the Department the market rent valuation of the dwelling obtained under paragraph (4)(a):
(i)within 13 weeks of the day when the dwelling is first available for rent under the National Rental Affordability Scheme; or
(ii)if the Secretary approves an extended period under subregulation (6A)—within the extended period; and
(b)must lodge with the Department the market rent valuations of the dwelling obtained under paragraph (4)(b):
(i)within 13 weeks of the last day of the fourth or seventh year (as the case may be) of the incentive period in respect of the dwelling; or
(ii)if the Secretary approves an extended period under subregulation (6A)—within the extended period.
(6A)Subject to subregulation (6B), the Secretary may, on application in writing by the approved participant for an approved rental dwelling, approve an extended period within which a market rent valuation of the dwelling must be lodged under subregulation (6).
(6B)The Secretary must not approve an extended period for lodging a market rent valuation unless:
(a)the Secretary is satisfied that the applicant for the approval has a reasonable excuse for not being able to obtain and lodge the valuation within the period mentioned in subparagraph (6)(a)(i) or (b)(i) (as the case requires); or
(b)both of the following apply:
(i)the allocation concerned has been transferred to another dwelling or to another person or entity;
(ii)the Secretary is satisfied that, because of the transfer, it is reasonable to extend the period for obtaining and lodging the valuation.
(6C)If the Secretary approves an extended period under subregulation (6A), the Secretary must notify the applicant for the approval, in writing, of the extended period.
(11A)If the allocation is a provisional allocation, the conditions of the reservation of the allocation (other than the condition relating to the agreed rental availability date) must be satisfied.
(12)The approved participant for an approved rental dwelling must, within the time specified by the Secretary, answer any queries from the Secretary, and give the Secretary any information and documents requested by the Secretary, about matters relating to the Scheme.
17Statement of Compliance
(1)The approved participant for an approved rental dwelling must lodge with the Department a Statement of Compliance for the dwelling in relation to each NRAS year for which the approved participant wishes to receive an incentive.
(2)The Statement of Compliance must be lodged:
(a)by 30 June after the end of the NRAS year for which the approved participant wishes to receive an incentive; or
(b)if the Secretary approves a later date under subregulation (2A) or (2B)—by the later date.
(2A)Subject to subregulation (2C), the Secretary may, on the Secretary’s own initiative and if the Secretary considers it appropriate, approve a later date by which Statements of Compliance for approved rental dwellings in relation to a particular NRAS year must be lodged.
(2B)Subject to subregulations (2C) and (2D), the Secretary may, on application in writing by the approved participant for an approved rental dwelling, approve a later date by which a Statement of Compliance for the dwelling in relation to an NRAS year must be lodged.
(2C)The Secretary must not, under subregulation (2A) or (2B), approve a date by which a Statement of Compliance for an approved rental dwelling in relation to an NRAS year must be lodged that is later than 30 September after the end of the NRAS year.
(2D)The Secretary must not, under subregulation (2B), approve a later date by which a Statement of Compliance for an approved rental dwelling in relation to an NRAS year must be lodged unless the Secretary is satisfied that the applicant has a reasonable excuse for not being able to lodge, or for not lodging, the Statement by 30 June after the end of the NRAS year.
(2E)If the Secretary approves a later date under subregulation (2A), the Secretary must notify, in writing, all approved participants for approved rental dwellings of the later date.
(2F)If the Secretary approves a later date under subregulation (2B), the Secretary must notify the applicant for the approval, in writing, of the later date.
(3)The Statement must be in a form approved by the Secretary and must include:
(a)a statement that at all times during the year, any tenant or tenants of the dwelling were eligible tenants, or details of any way in which this requirement was not met; and
(b)details of the rental charged over the year; and
(c)a statement that the rental charged during the year was at all times at least 20% less than the market value rent of the dwelling for the year, or details of any way in which this requirement was not met; and
(d)details of any period during which the dwelling was vacant; and
(e)details of each investor for the dwelling; and
(f)a statement that at all times during the year the approved participant, in respect of the dwelling, complied with landlord, tenancy, building, and health and safety laws of the State or Territory and local government area in which the dwelling is located, or details of any way in which such laws were not complied with; and
(fa)a statement that at all times during the year the approved participant complied with consumer protection laws in relation to the allocation, or details of any way in which such laws were not complied with; and
(g)a statement that all special conditions have been complied with or details of any way in which this requirement was not met; and
(h)a statement that the approved participant has complied with the approved participant’s obligations under Division 2 of Part 4, or details of any way in which those obligations were not complied with; and
(i)such other information as is required by the form.
18Determining market value rent
(1A)In these Regulations, the market value rent for an approved rental dwelling for a year of an incentive period in respect of the dwelling is:
(a)for the period of 12 months beginning when the dwelling is first available for rent under the National Rental Affordability Scheme—the market value rent for the dwelling, assessed under subregulation (1) for the purpose of obtaining a market rent valuation of the dwelling under paragraph 16(4)(a); and
(b)for the fifth year of the incentive period in respect of the dwelling—the market value rent for the dwelling at the end of the fourth year of the incentive period, assessed under subregulation (1) for the purpose of obtaining a market rent valuation of the dwelling under paragraph 16(4)(b); and
(c)for the eighth year of the incentive period in respect of the dwelling—the market value rent for the dwelling at the end of the seventh year of the incentive period, assessed under subregulation (1) for the purpose of obtaining a market rent valuation of the dwelling under paragraph 16(4)(b); and
(d)for any other year (the relevant year) of the incentive period in respect of the dwelling—the market value rent for the dwelling for the year immediately preceding the relevant year, indexed on the first day of the relevant year in accordance with the NRAS market index, and rounded to the next whole dollar.
(1)In these Regulations, the market value rent for an approved rental dwelling, for the purpose of obtaining a market rent valuation of the dwelling under paragraph 16(4)(a) or (b), is the amount assessed as the market value rent for the dwelling in a written valuation prepared by a valuer who:
(a)is registered as a valuer:
(i)in the State or Territory in which the dwelling is located; and
(ii)with a professional organisation that has a code of conduct and adopts the professional practice standards of the Australian Property Institute; and
(b)has no commercial relationship with, or interest in:
(i)the registered owner or manager of the dwelling; or
(ii)a recipient of a Commonwealth, State or Territory government benefit in relation to the dwelling.
(2)A valuer preparing a valuation under subregulation (1) must assess the market value rent of an approved rental dwelling on the basis of the condition in which the dwelling is to be rented, including whether the dwelling will be rented fully or partially furnished.
19Eligible tenants
(1)In this regulation:
(a)a reference to the tenants of an approved rental dwelling is a reference to a particular person or persons who are tenants of the dwelling; and
(b)the day on which those tenants become tenants of the dwelling is their start day; and
(c)the 12 month period beginning on their start day or an anniversary of their start day is an eligibility year for those tenants; and
(d)adult means:
(i)a person 18 years of age or older; or
(ii)a person under 18 years of age living independently outside of the family home and who is not financially dependent on an eligible tenant; and
(e)child means a person under 18 years of age who is financially dependent on an eligible tenant.
(2)For these Regulations, the tenants of an approved rental dwelling become eligible tenants on their start date if their combined gross income for the 12 months ending on the day before the start date does not exceed the income limit for their household as set out in this regulation.
(3)Eligible tenants cease to be eligible tenants if:
(a)they cease to be tenants of an approved rental dwelling; or
(b)their combined gross income exceeds the income limit for their household by 25% or more in 2 consecutive eligibility years.
(4)The income limits for a household are:
(a)if a household does not include a sole parent:
(i)$40 501 for the first adult; and
(ii)$15 490 for each additional adult; and
(iii)$13 432 for each child; or
(b)if a household includes a sole parent:
(i)$42 599 for the first sole parent; and
(ii)$15 490 for each additional adult; and
(iii)$13 432 for each child.
(4A)For this regulation:
(a)each subsidiary dwelling that forms part of an approved rental dwelling may only include 1 household; and
(b)an approved rental dwelling, other than an approved rental dwelling mentioned in paragraph (a), may only include 1 household; and
(c)the combined gross incomes of the tenants in a subsidiary dwelling must be considered in assessing the household income for that subsidiary dwelling.
(5)The income limits mentioned in subregulation (4), for a household for each subsequent year beginning 1 May, are the amounts for the previous year indexed in accordance with the NRAS tenant income index, rounded to the next whole dollar.
(6)The Secretary may, by legislative instrument, change from time to time, any or all of the income limits mentioned in subregulation (4).
Division 1A—Transfer and revocation of allocations
Subdivision A—Transfer on request
20Transfer of allocation to another rental dwelling
If the approved participant for an approved rental dwelling, or a person acting on behalf of the approved participant, requests the Secretary, in a form approved by the Secretary, to transfer the allocation to a different rental dwelling, the Secretary may transfer the allocation as requested.
21Transfer of allocation to another person or entity
(1)If the approved participant (the original approved participant) for an approved rental dwelling, or a person acting on behalf of the approved participant, requests the Secretary, in a form approved by the Secretary, to transfer the allocation to another person or entity (the gaining approved participant), the Secretary may transfer the allocation as requested.
Transfer of incentive
(2)If the Secretary transfers that allocation, the Secretary may give an incentive to the gaining approved participant instead of the original approved participant if:
(a)the original approved participant requests the Secretary to give the incentive to the gaining approved participant; and
(b)the gaining approved participant agrees to accept the incentive.
Subdivision B—Revocation generally
22Revocation of allocation other than provisional allocation
(1)The Secretary may revoke an allocation (other than a provisional allocation) made to an approved participant in relation to an approved rental dwelling if:
(a)any conditions of the allocation are not complied with; or
(aa)the approved participant fails to comply with the approved participant’s obligations under Division 2 of Part 4; or
(ab)the approved participant provides false or misleading information about the Scheme to an investor for the approved rental dwelling; or
(ac)the approved participant fails to provide information to an investor that the approved participant knows, or ought reasonably to know, is relevant; or
(ad)the approved participant fails to comply with a consumer protection law in relation to the allocation; or
(ae)if the approved participant receives a tax offset certificate in respect of the approved rental dwelling—the approved participant claims a tax offset (or a part of a tax offset) in relation to the certificate to which the approved participant is not entitled; or
(af)if the approved participant is a company—either:
(i)ASIC has published notice of the proposed deregistration of the company under paragraph 601AA(4)(d) or 601AB(3)(b) of the Corporations Act 2001; or
(ii)a court has ordered the deregistration of the company by ASIC under paragraph 413(1)(d) or 481(5)(b) or subsection 509(2) of that Act; or
(ag)the approved participant:
(i)becomes bankrupt; or
(ii)takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii)compounds with one or more of his or her creditors; or
(iv)makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or
(b)the application for the allocation:
(i)includes information that is false or misleading; or
(ii)fails to include information that the applicant knew, or ought reasonably to have known, was relevant.
Note:Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.
(2)If an allocation is revoked under subregulation (1), no incentive is payable for the NRAS year in which the revocation occurred, or in any subsequent NRAS year.
22ARevocation of provisional allocation
The Secretary may revoke a provisional allocation in relation to a rental dwelling if:
(a)any conditions of the allocation are not complied with; or
(b)any advertisement relating to the allocation:
(i)is likely to mislead; or
(ii)misrepresents the Scheme; or
(iii)exaggerates or overstates the tax or other financial advantages resulting from involvement in the Scheme; or
(iv)presents the Commonwealth as underwriting or endorsing the approved participant or the dwelling; or
(v)presents the Commonwealth as dealing directly with investors; or
(vi)presents the Commonwealth as being in partnership with the approved participant or any person or entity publishing details in association with the Scheme; or
(c)the application for the allocation:
(i)includes information that is false or misleading; or
(ii)fails to include information that the applicant knew, or ought reasonably to have known, was relevant; or
(d)an application made under Division 2 to vary the conditions of the reservation of the allocation:
(i)includes information that is false or misleading; or
(ii)fails to include information that the applicant knew, or ought reasonably to have known, was relevant.
Note:Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.
22BMatters that may be taken into account by Secretary in deciding to revoke an allocation
In deciding whether to revoke an allocation under this Subdivision, the Secretary may take into account the following matters:
(a)whether the approved participant has failed to manage an allocation in accordance with the objectives of the Scheme;
(b)any advice provided to the Secretary by a Commonwealth, State or Territory regulatory authority about whether the conduct of the approved participant in relation to an allocation has contravened a law of the Commonwealth or of a State or Territory;
(c)any matters notified to the Secretary about the approved participant’s conduct by a State or Territory government;
(d)any conduct by the approved participant in relation to an allocation which the Secretary considers might bring the Scheme into disrepute;
(e)the approved participant’s current financial circumstances including, but not limited to, financial circumstances that may significantly limit the approved participant’s capacity to comply with the conditions of the allocation;
(f)the nature, significance, persistence and seriousness of any contravention of:
(i)a condition of an allocation; or
(ii)an obligation under Division 2 of Part 4;
(g)the need to ensure that:
(i)allocations under the Scheme are properly managed; and
(ii)investors maintain confidence in the Scheme;
(h)whether the approved participant has ever:
(i)become bankrupt; or
(ii)applied to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii)compounded with his or her creditors; or
(iv)assigned his or her remuneration for the benefit of creditors;
(i)any other matter that the Secretary considers relevant.
Subdivision C—Transfer or revocation because of breach
22BAIndividual breach
(1)The Secretary may determine that the approved participant for an approved rental dwelling has committed an individual breach if the Secretary is satisfied that the approved participant:
(a)is the subject of an insolvency event; or
(b)has breached the approved participants code of conduct in relation to the dwelling; or
(c)has committed a compliance breach in relation to the dwelling.
(2)The approved participant is the subject of an insolvency event if the approved participant:
(a)dies or ceases to exist; or
(b)becomes bankrupt or insolvent; or
(c)commences to be wound up.
(3)The approved participant breaches the approved participants code of conduct if the approved participant fails to comply with the code.
(4)The approved participant commits a compliance breach if:
(a)the approved participant fails to comply with the Act or these regulations (other than the approved participants code of conduct); or
(b)a condition of the allocation for the dwelling is contravened in circumstances that are within the control of the approved participant.
22BBSerious breach
(1)The Secretary may determine that the approved participant for an approved rental dwelling has committed a serious breach if the Secretary is satisfied that:
(a)the approved participant has breached the approved participants code of conduct in relation to 3 or more investors within a period of 6 months, resulting in material financial detriment to those investors; or
(b)has committed a compliance breach that involves one or more of the following:
(i)providing false or misleading information to the Secretary or the Department in relation to the National Rental Affordability Scheme;
(ii)failing to comply with the law of the Commonwealth or a State or Territory in relation to the dwelling or any other aspect of the National Rental Affordability Scheme;
(iii)claiming a tax offset that the approved participant is not entitled to claim;
(iv)passing on a tax offset to a person who is not entitled to claim the tax offset; or
(c)all of the following apply:
(i)the approved participant has breached the approved participants code of conduct or committed a compliance breach;
(ii)the Secretary has, by writing, required the approved participant to take remedial action in relation to the breach;
(iii)the remedial action is not taken within 28 days after the requirement is given to the approved participant; or
(d)all of the following apply:
(i)the approved participant has breached the approved participants code of conduct or committed a compliance breach;
(ii)the Secretary has given the approved participant a written warning in relation to the breach;
(iii)within 12 months after being given the warning, the approved participant commits a similar breach (whether in relation to the same or another allocation).
(2)If the Secretary determines that the approved participant has committed a serious breach:
(a)the Secretary may publish notice of the breach on the Department’s website; and
(b)an investor for any approved rental dwelling (the investor’s dwelling) for which the allocation is held by the approved participant dwelling may, by writing, request the Secretary to transfer the allocation for the investor’s dwelling.
22BCDisqualifying breach
The Secretary may determine that an approved participant for an approved rental dwelling has committed a disqualifying breach if:
(a)the Secretary is satisfied that the approved participant is the subject of an insolvency event; or
(b)the Secretary:
(i)has determined that the approved participant has committed a serious breach; and
(ii)is satisfied that the Secretary could, within 12 months, determine that the approved participant has committed another serious breach.
22BDApproved participants code of conduct
(1)The approved participants code of conduct is set out in subsection (2).
(2)The approved participant for an approved rental dwelling:
(a)must comply with legal obligations relating to investors in a timely manner; and
(b)must comply with the law of the Commonwealth and the States and Territories in relation to dealings with investors and tenants; and
(c)must lodge an annual Statement of Compliance in relation to the dwelling; and
(d)must respond to a communication from an investor within 30 days, unless the approved participant has a reasonable excuse; and
(e)must have an internal or external dispute resolution mechanism for use by investors; and
(f)must not enforce, seek to enforce or threaten to enforce an unfair contract; and
(g)must not make a misrepresentation to an investor; and
(h)must not engage in misleading or deceptive conduct in relation to an investor; and
(i)must not threaten or coerce an investor to take an action the investor is not required to take under contract; and
(j)must not prevent an investor from entering into a contract with a suitably qualified and experienced person in relation to the dwelling; and
(k)must not threaten to take action that would result in an investor not receiving incentive to which the investor is entitled under law; and
(l)must not require an investor to enter into a contract with another person in relation to the dwelling, unless the contract relates to a property management service provider and the approved participant is able to ensure that the provider:
(i)complies with the contract between the provider and the investor; and
(ii)complies with legal obligations relating to the investor in a timely manner; and
(iii)complies with the laws of the Commonwealth and the States and Territories in relation to dealings with investors and tenants; and
(iv)does not enforce, seek to enforce or threaten to enforce an unfair contract with an investor; and
(v)does not make a misrepresentation to an investor; and
(vi)does not engage in misleading or deceptive conduct in relation to an investor; and
(vii)does not threaten or coerce an investor to take action the investor is not required to take under contract; and
(m)if the approved participant requires the investor to enter into a contract as mentioned in paragraph (l)—ensures that the property management service provider acts in accordance with subparagraphs (l)(i) to (vii).
22BESecretary may determine breach on own initiative or on request by an investor
(1)The Secretary may determine that an approved participant for an approved rental dwelling has committed an individual breach, a serious breach or a disqualifying breach:
(a)on the Secretary’s own initiative; or
(b)on a written request (the transfer request) by an investor for the allocation for the dwelling to be transferred because the approved participant has committed an individual breach, a serious breach or a disqualifying breach.
(2)A transfer request:
(a)must:
(i)be in a form approved by the Secretary; and
(ii)include details of the breach alleged by the investor; but
(b)does not need to specify whether the breach is an individual breach, a serious breach or a disqualifying breach.
(3)However, an investor must not make a transfer request unless:
(a)the investor has given the approved participant written notice of the alleged breach; and
(b)90 days have passed since the notice was given; and
(c)the investor is satisfied that the approved participant has not taken appropriate action in relation to the alleged breach.
(4)Subsection (3) does not apply in relation to an insolvency event.
22BFSecretary must notify proposed determination
(1)Before determining that the approved participant for an approved rental dwelling has committed an individual breach, a serious breach or a disqualifying breach, the Secretary must give written notice of the proposed determination to:
(a)the approved participant; and
(b)if the Secretary proposes to make the determination because an investor made a transfer request—the investor.
(2)The notice must:
(a)state that the Secretary proposes to determine that the approved participant has committed the breach; and
(b)invite the approved participant or investor, as the case requires, to make a written submission to the Secretary about the proposed determination no later than 14 days after the day the Secretary gives the notice.
(3)In deciding whether to make the determination, the Secretary must have regard to any submission so made.
(4)Subregulation (3) does not limit the matters to which the Secretary may have regard in deciding whether to make the determination.
22BGTransfer or revocation because of breach
(1)This regulation applies if:
(a)the Secretary has determined that an approved participant for an approved rental dwelling has committed an individual breach, a serious breach or a disqualifying breach; and
(b)either:
(i)the Administrative Appeals Tribunal has confirmed the Secretary’s decision to make the determination; or
(ii)the period for making an application to the Administrative Appeals Tribunal for review of the Secretary’s decision to make the determination has expired.
Individual breach
(2)The Secretary must transfer the allocation for the dwelling to another person or entity if:
(a)the Secretary has determined that the approved participant committed an individual breach; and
(b)an investor has requested the transfer.
Serious breach—investor requested transfer
(3)The Secretary must transfer the allocation for the dwelling to another person or entity if:
(a)the Secretary has determined that the approved participant committed a serious breach; and
(b)an investor has requested the transfer.
Note:The investor may make this request under paragraph 22BB(2)(b) or 22BE(1)(b).
Serious breach—determined on the Secretary’s own initiative
(4)The Secretary may transfer or revoke the allocation for the dwelling to another person or entity if:
(a)the Secretary has determined that the approved participant committed a serious breach; and
(b)the determination was made on the Secretary’s own initiative under paragraph 22BB(1)(a).
Disqualifying breach
(5)If the Secretary determines that the approved participant committed a disqualifying breach, the Secretary must transfer or revoke all of the approved participant’s allocations for approved rental dwellings to other persons or entities within 6 months.
Requirements for transfer
(6)The Secretary must not transfer an allocation to a person or entity under this regulation unless:
(a)the Secretary is satisfied that the person or entity:
(i)has the capacity to properly manage the allocation; and
(ii)is a suitable person or entity to whom the allocation may be transferred; and
(b)the person or entity has agreed in writing to the transfer.
22BHSecretary may redirect incentive
(1)This regulation applies if, under this Subdivision, the Secretary transfers an allocation for an approved rental dwelling from an approved participant (the original approved participant) to another person or entity (the gaining approved participant).
Incentive for year of transfer
(2)The Secretary may give an incentive to the gaining approved participant instead of the original approved participant if:
(a)the Secretary transfers the allocation during an NRAS year; and
(b)apart from the operation of this regulation and any determination in force under subregulation 25(2), the original approved participant:
(i)would be entitled to receive the incentive for the approved rental dwelling for the NRAS year; and
(ii)would be required to pass on all or part of the incentive to an investor.
Incentive for an earlier year
(3)The Secretary may give an incentive to the gaining approved participant instead of the original approved participant if:
(a)the Secretary transfers an allocation during an NRAS year; and
(b)apart from the operation of this regulation and any determination in force under subregulation 25(2), the original approved participant:
(i)would be entitled to receive the incentive for the approved rental dwelling for an earlier NRAS year; and
(ii)would be required to pass on all or part of the incentive to an investor.
Redirected incentive to be given to investor
(4)If the Secretary gives an incentive to the gaining approved participant:
(a)the gaining approved participant must give the incentive to the investor concerned; and
(b)to avoid doubt, and despite any agreement to the contrary, the original approved participant is no longer required to pass on all or part of the incentive to the investor.
Meaning of redirected
(5)An incentive given to a gaining approved participant under this regulation is redirected.
Secretary to notify of proposed redirection
(6)Before the Secretary redirects an incentive, the Secretary must give written notice of the proposed redirection to the following:
(a)the original approved participant;
(b)the investor concerned.
(7)The notice must invite the original approved participant or investor, as the case requires, to make a written submission to the Secretary about the proposed redirection no later than 14 days after the day the Secretary gives the notice.
Incentive that has been given cannot be redirected
(8)To avoid doubt, this regulation does not apply to allow the Secretary to redirect an incentive that has already been given to an original approved participant.
22BJStatement of compliance if allocation is transferred
If the Secretary transfers an allocation for an approved rental dwelling from an approved participant to another person or entity during an NRAS year, the Secretary may require the gaining approved participant (within the meaning of regulation 22BH) to lodge a Statement of Compliance for the dwelling that includes statements and details for either or both of the following:
(a)the NRAS year;
(b)the previous NRAS year.
Note:For access to information held by an original approved participant, see regulation 22D.
Subdivision D—General provisions
22CContracts do not prevent transfers
A contract has no effect to the extent that the contract prohibits or prevents an investor from, or penalises an investor for:
(a)requesting the transfer of an allocation; or
(b)assisting with, or supporting in any way, a request for the transfer of an allocation.
22DObligations of approved participants when allocations are transferred
(1)This regulation applies if an allocation is transferred from an approved participant (the original approved participant) to another person or entity (the gaining approved participant).
(2)The original approved participant must give to the gaining approved participant any information that is:
(a)requested by the Secretary; and
(b)relevant to the administration of the Scheme.
(3)The information must be given within 21 days after the request is made.
Division 1B—Variation of certain conditions
23Variation of certain conditions
(1)The Secretary may, with the agreement of the approved participant, vary the special conditions in relation to an approved rental dwelling.
(2)The Secretary may, with the agreement of an approved participant for an approved rental dwelling, vary a condition of the reservation of the allocation in relation to the dwelling that relates to the size of the dwelling.
Division 2—Variation of reservation of allocation
23AApplications to vary conditions of reservation—general
(1)An applicant who has accepted an offer of a reservation of an allocation in relation to a rental dwelling, or a person acting on behalf of the applicant, may apply to the Secretary, in accordance with this Division, to vary the conditions of the reservation relating to any of the following:
(a)the dwelling’s location;
(b)the dwelling’s style;
(c)the dwelling’s size;
(d)the dwelling’s special attributes (if any);
(e)the agreed rental availability date for the dwelling.
(2)An application must be in writing, in a form approved by the Secretary.
(3)An application must:
(a)set out all commercial arrangements associated with the proposed variation, including the consideration or monetary value in respect of, arising from, or otherwise associated with the proposed variation; and
(b)be accompanied by any documents directly relating to the commercial arrangements; and
(c)if the application is for a variation of the location of a dwelling, or the agreed rental availability date for the dwelling, because of a natural disaster—include documents or information about the natural disaster that justify the application.
Note:Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.
(4)The applicant must, within the time specified by the Secretary, answer any queries from the Secretary, and give the Secretary any documents requested by the Secretary, in relation to an application.
23BApplication to vary dwelling’s location or style
(1)An application to vary a rental dwelling’s location or style must not be made under regulation 23A after the transitional period.
(2)Despite subregulation (1), an application to vary a rental dwelling’s location may be made after the transitional period if, because of a natural disaster, the dwelling cannot be built:
(a)in the location specified in the conditions of the reservation relating to the dwelling; or
(b)if that location has been varied under this Division—in the varied location.
23CApplication to vary dwelling’s agreed rental availability date
(1)An application under regulation 23A to vary the agreed rental availability date for a rental dwelling must specify the new rental availability date for the dwelling. The new date must be:
(a)if the application for the allocation in relation to the rental dwelling was made in response to the call for applications made on 18 April 2013—no later than 31 July 2015; or
(b)in any other case—no later than 30 June 2016.
(2)After the transitional period, an applicant may make only one application under regulation 23A to vary the agreed rental availability date for a rental dwelling.
(3)If an application is made under regulation 23A after the transitional period to vary the agreed rental availability date for a rental dwelling, the new rental availability date requested by the applicant must not be later than 3 months after the agreed rental availability date for the dwelling.
(d)proposals which maximize affordable housing outcomes for tenants including building and design features that reduce the overall costs for tenants;
(e)proposals consisting of dwellings that comply with the sound proofing requirements of the State, Territory or local government area in which the dwelling is located.
Note:For paragraph (2)(e), proposals that include sound proofing that exceeds the State, Territory or local government requirements, and demonstrate how those requirements are exceeded, may be given priority.
Set 4
1Criteria
(1)The assessment criteria are the following:
(a)there is a demonstrated need for the proposal;
(b)the proposal addresses the priority areas of interest in subitem (2);
(c)the proposal delivers accessibility and sustainability outcomes, including the following:
(i)proximity of dwellings to transport, schools, shops, health services and employment opportunities;
(ii)types of dwellings and proposed household compositions that facilitate a balanced social mix;
(iii)use of universal design principles or other measures that make properties more accessible to people who are ageing or live with disabilities;
(d)the applicant has demonstrated capacity and experience;
(e)the proposal is financially viable;
(f)the proposal details or forecasts, for each dwelling:
(i)the energy rating of the dwelling; and
(ii)the extent to which the dwelling incorporates efficient lighting, environmentally friendly hot water systems, ventilation and water tanks.
Note:For paragraph (1)(f), proposals that include high energy ratings for each dwelling, or demonstrate that each dwelling incorporates some or all of the matters mentioned in subparagraph (1)(f)(ii), may be given priority.
(2)The priority areas of interest are the following:
(a)proposals involving 1 000 or more rental dwellings;
(b)proposals that are consistent with State, Territory or local government affordable housing priorities;
(c)proposals that include rental dwellings for tenants with special needs (including people with mental and physical disabilities, older Australians and indigenous Australians);
(d)proposals which maximize affordable housing outcomes for tenants including building and design features that reduce the overall costs for tenants;
(e)proposals consisting of dwellings that comply with the sound proofing requirements of the State, Territory or local government area in which the dwelling is located.
Note:For paragraph (2)(e), proposals that include sound proofing that exceeds the State, Territory or local government requirements, and demonstrate how those requirements are exceeded, may be given priority.
Set 5
1Criteria
(1)The assessment criteria are the following:
(a)there is a demonstrated need for the proposal;
(b)the proposal addresses the priority areas of interest in subitem (2);
(c)the proposal delivers accessibility and sustainability outcomes, including the following:
(i)proximity of dwellings to transport, schools, shops, health services and employment opportunities;
(ii)types of dwellings and proposed household compositions that facilitate a balanced social mix;
(iii)use of universal design principles or other measures that make properties more accessible to people who are ageing or live with disabilities;
(d)the applicant has demonstrated capacity and experience;
(e)the proposal is financially viable;
(f)the proposal details or forecasts, for each dwelling:
(i)the energy rating of the dwelling; and
(ii)the extent to which the dwelling incorporates efficient lighting, environmentally friendly hot water systems, ventilation and water tanks.
Note:For paragraph (1)(f), proposals that include high energy ratings for each dwelling, or demonstrate that each dwelling incorporates some or all of the matters mentioned in subparagraph (1)(f)(ii), may be given priority.
(2)The priority areas of interest are the following:
(a)proposals for which an application for funding under the Social Housing Initiative has been made by 30 June 2009;
(b)proposals involving 100 or more rental dwellings;
(c)smaller proposals of not less than 20 rental dwellings where those proposals deliver dwellings in areas of especially high rental stress or deliver innovative and affordable rental housing solutions;
(d)proposals that are consistent with State, Territory or local government affordable housing priorities;
(e)proposals that include rental dwellings for tenants with special needs (including people with mental and physical disabilities, older Australians and indigenous Australians);
(f)proposals which maximize affordable housing outcomes for tenants including building and design features that reduce the overall costs for tenants;
(g)proposals consisting of dwellings that comply with the sound proofing requirements of the State, Territory or local government area in which the dwelling is located.
Note:For paragraph (2)(g), proposals that include sound proofing that exceeds the State, Territory or local government requirements, and demonstrate how those requirements are exceeded, may be given priority.
Set 6
1Criteria—subset 1
The assessment criteria for subset 1 are the following:
(a)the proposal involves 20 or more rental dwellings;
(b)there is a demonstrated need for the proposal;
(c)the relevant State or Territory supports the proposal;
(d)the applicant has demonstrated capacity and experience to comply with the Scheme requirements, or capacity to comply with the Scheme requirements into the future;
(e)the applicant’s proposal demonstrates compliance or prospective compliance with the Scheme requirements and appears reasonable and viable.
2Criteria—subset 2
The criteria for subset 2 are the following:
(a)proposals involving 100 or more rental dwellings are preferred;
(b)the proposal consists of dwellings that comply with the sound proofing requirements of the State, Territory or local government area in which the dwelling is located;
(c)the proposal includes rental dwellings for tenants with special needs (including people with mental and physical disabilities, older Australians and indigenous Australians);
(d)the proposal maximizes affordable housing outcomes for tenants, including building and design features that reduce the overall costs for tenants;
(e)the proposal delivers accessibility and sustainability outcomes, including the following:
(i)proximity of dwellings to transport, schools, shops, health services and employment opportunities;
(ii)types of dwellings and proposed household compositions that facilitate a balanced social mix;
(iii)use of universal design principles or other measures that make properties more accessible to older Australians or people who live with disabilities;
(f)the proposal details or forecasts, for each dwelling:
(i)the energy rating of the dwelling; and
(ii)the extent to which the dwelling incorporates efficient lighting, environmentally friendly hot water systems, ventilation and water tanks.
Note for paragraph (b): Proposals that include sound proofing that exceeds the State, Territory or local government requirements, and demonstrate how those requirements are exceeded, may be given priority.
Note for paragraph (f): proposals that include high energy ratings for each dwelling, or demonstrate that each dwelling incorporates some or all of the matters mentioned in subparagraph (f)(ii), may be given priority.
Set 7
1Criteria—subset 1
The assessment criteria for subset 1 are the following:
(a)the proposal involves 100 or more rental dwellings;
(b)there is a demonstrated need for the proposal;
(c)the relevant State or Territory supports the proposal;
(d)the applicant has demonstrated capacity and experience to comply with the Scheme requirements, or capacity to comply with the Scheme requirements into the future;
(e)the applicant’s proposal demonstrates compliance or prospective compliance with the Scheme requirements and appears reasonable and viable.
2Criteria—subset 2
The criteria for subset 2 are the following:
(a)the proposal consists of dwellings that comply with the sound proofing requirements of the State, Territory or local government area in which the dwelling is located;
(b)the proposal includes rental dwellings for tenants with special needs (including people with mental and physical disabilities, older Australians and indigenous Australians);
(c)the proposal maximizes affordable housing outcomes for tenants, including building and design features that reduce the overall costs for tenants;
(d)the proposal delivers accessibility and sustainability outcomes, including the following:
(i)proximity of dwellings to transport, schools, shops, health services and employment opportunities;
(ii)types of dwellings and proposed household compositions that facilitate a balanced social mix;
(iii)use of universal design principles or other measures that make properties more accessible to older Australians or people who live with disabilities;
(e)the proposal details or forecasts, for each dwelling:
(i)the energy rating of the dwelling; and
(ii)the extent to which the dwelling incorporates efficient lighting, environmentally friendly hot water systems, ventilation and water tanks.
Note for paragraph (a): Proposals that include sound proofing that exceeds the State, Territory or local government requirements, and demonstrate how those requirements are exceeded, may be given priority.
Note for paragraph (e): Proposals that include high energy ratings for each dwelling, or demonstrate that each dwelling incorporates some or all of the matters mentioned in subparagraph (e)(ii), may be given priority.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| ad = added or inserted | o = order(s) |
| am = amended | Ord = Ordinance |
| amdt = amendment | orig = original |
| c = clause(s) | par = paragraph(s)/subparagraph(s) |
| C[x] = Compilation No. x | /sub‑subparagraph(s) |
| Ch = Chapter(s) | pres = present |
| def = definition(s) | prev = previous |
| Dict = Dictionary | (prev…) = previously |
| disallowed = disallowed by Parliament | Pt = Part(s) |
| Div = Division(s) | r = regulation(s)/rule(s) |
| ed = editorial change | reloc = relocated |
| exp = expires/expired or ceases/ceased to have | renum = renumbered |
| effect | rep = repealed |
| F = Federal Register of Legislation | rs = repealed and substituted |
| gaz = gazette | s = section(s)/subsection(s) |
| LA = Legislation Act 2003 | Sch = Schedule(s) |
| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
| effect | SR = Statutory Rules |
| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
| cannot be given effect | SubPt = Subpart(s) |
| mod = modified/modification | underlining = whole or part not |
| No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
| Number and year | FRLI registration | Commencement | Application, saving and transitional provisions |
| 232, 2008 | 28 Nov 2008 (F2008L04484) | 1 July 2008 (r 2) | |
| 133, 2009 | 24 June 2009 (F2009L02494) | 1 July 2008 (r 2) | — |
| 78, 2010 | 10 May 2010 (F2010L01193) | 11 May 2010 (r 2) | — |
| 95, 2011 | 22 June 2011 (F2011L01124) | 1 May 2010 (r 2) | — |
| 300, 2012 | 13 Dec 2012 (F2012L02444) | 14 Dec 2012 (s 2) | — |
| 140, 2013 | 2 July 2013 (F2013L01298) | 3 July 2013 (s 2) | — |
| 137, 2014 | 22 Sept 2014 (F2014L01260) |
Sch 1 (items 27–38): 23 Dec 2014 (s 2 item 3) Sch 1 (item 39): 1 May 2010 (s 2 item 4) Remainder: 23 Sept 2014 (s 2 items 1, 2) |
— |
| as amended by | |||
| 170, 2014 | 3 Nov 2014 (F2014L01463) | Sch 1 (item 14): 4 Nov 2014 (s 2) | — |
| 170, 2014 | 3 Nov 2014 (F2014L01463) | Sch 1 (items 1–13, 15–19): 4 Nov 2014 (s 2) | — |
| 77, 2015 | 1 June 2015 (F2015L00772) | 2 June 2015 (s 2) | — |
| Name | Registration | Commencement | Application, saving and transitional provisions |
| National Rental Affordability Scheme Amendment (Administrative Processes) Regulations 2017 | 14 July 2017 (F2017L00921) | 15 July 2017 (s 2(1) item 1) | — |
| National Rental Affordability Scheme Amendment (Investor Protection) Regulations 2017 | 17 Nov 2017 (F2017L01488) | 18 Nov 2017 (s 2(1) item 1) | — |
| National Rental Affordability Scheme Amendment (Approved Participant Obligations) Regulations 2017 | 20 Dec 2017 (F2017L01677) | 21 Dec 2017 (s 2(1) item 1) | — |
| National Rental Affordability Scheme Amendment (Investor Protection) Regulations 2018 | 6 Nov 2018 (F2018L01547) | 7 Nov 2018 (s 2(1) item 1) | — |
| National Rental Affordability Scheme Amendment (Investor Protection) Regulations 2019 | 8 Mar 2019 (F2019L00273) | 9 Mar 2019 (s 2(1) item 1) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| Part 1 | |
| r 2............................................. | rep LA s 48D |
| r 4............................................. | am No 133, 2009; No 137, 2014; F2017L01488; F2018L01547; F2019L00273 |
| Part 2 | |
| r 8............................................. | am No 137, 2014 |
| Part 3 | |
| Division 1 | |
| Division 1 heading...................... | ad No 137, 2014 |
| r 10............................................ | rs F2017L01488 |
| r 12............................................ | am 2010 No. 78 |
| r 13............................................ | am 2010 No. 78; No. 137, 2014 |
| r 14............................................ | am 2010 No. 78; No 137, 2014 |
| r 16............................................ | rs No 133, 2009 |
| am No 137, 2014; No 170, 2014; No 77, 2015; F2017L00921; F2017L01488; F2018L01547; F2019L00273 | |
| r 17............................................ | rs No 133, 2009 |
| am No 78, 2010; No 137, 2014; No 170, 2014; F2017L01488; F2017L01677 | |
| r 18........................................... | am No 170, 2014 |
| r 19............................................ | am 2009 No. 133; 2010 No. 78; 2011 No. 95 |
| ed C13 | |
| Division 1A | |
| Division 1A heading.................... | ad F2017L01488 |
| Subdivision A | |
| Subdivision A heading................. | ad F2018L01547 |
| r 20............................................ | rs No 137, 2014 |
| am No 137, 2014; F2019L00273 | |
| r 21............................................ | rs No 137, 2014 |
| am No 137, 2014; F2019L00273 | |
| ed C14 | |
| Subdivision B heading................. | ad F2018L01547 |
| rep F2019L00273 | |
| r 21A......................................... | ad No 78, 2010 |
| rep No 137, 2014 | |
| ad F2017L01488 | |
| am F2017L01677; F2018L01547 | |
| rep F2019L00273 | |
| r 21B......................................... | ad F2017L01488 |
| rep F2019L00273 | |
| r 21C......................................... | ad F2017L01488 |
| rep F2019L00273 | |
| r 21D......................................... | ad F2018L01547 |
| rep F2019L00273 | |
| r 21E.......................................... | ad F2018L01547 |
| rep F2019L00273 | |
| Subdivision B | |
| Subdivision C heading................. | ad F2018L01547 |
| rep F2019L00273 | |
| Subdivision B heading................. | ad F2019L00273 |
| r 22............................................ | am No 78, 2010; No 137, 2014; F2017L01488; F2017L01677 |
| r 22A......................................... | ad No 137, 2014 |
| Subdivision D heading................. | ad F2018L01547 |
| rep F2019L00273 | |
| r 22B......................................... | ad F2017L01488 |
| am F2019L00273 | |
| Subdivision C | |
| Subdivision C............................. | ad F2019L00273 |
| r 22BA....................................... | ad F2019L00273 |
| r 22BB....................................... | ad F2019L00273 |
| r 22BC....................................... | ad F2019L00273 |
| r 22BD....................................... | ad F2019L00273 |
| r 22BE....................................... | ad F2019L00273 |
| r 22BF....................................... | ad F2019L00273 |
| r 22BG....................................... | ad F2019L00273 |
| r 22BH....................................... | ad F2019L00273 |
| r 22BJ........................................ | ad F2019L00273 |
| Subdivision D | |
| Subdivision D heading................. | ad F2019L00273 |
| r 22C......................................... | ad F2018L01547 |
| r 22D......................................... | ad F2018L01547 |
| am F2019L00273 | |
| Division 1B | |
| Division 1B heading.................... | ad F2017L01488 |
| r 23............................................ | am F2017L00921 |
| Division 2 | |
| Division 2.................................. | ad No 137, 2014 |
| r 23A......................................... | ad No 137, 2014 |
| r 23B......................................... | ad No 137, 2014 |
| r 23C......................................... | ad No 137, 2014 |
| r 23D......................................... | ad No 137, 2014 |
| Part 4 | |
| Part 4 heading............................. | rs F2017L01488 |
| Division 1 | |
| Division 1 heading...................... | ad F2017L01488 |
| r 24............................................ | am F2017L01488 |
| r 25............................................ | rs No 137, 2014 |
| am No 170, 2014; F2017L01488 | |
| rs F2018L01547 | |
| am F2019L00273 | |
| r 25A......................................... | ad 2012 No. 300 |
| r 26............................................ | am 2011 No. 95; No 137, 2014 |
| r 27............................................ | am 2011 No. 95; No 137, 2014 |
| r 28............................................ | am No 78, 2010; No 137, 2014; No 170, 2014; F2019L00273 |
| r 28A......................................... | ad No 78, 2010 |
| am No 140, 2013 | |
| rs No 137, 2014 | |
| am F2017L01488 | |
| r 28AA....................................... | ad No 137, 2014 |
| am No 170, 2014 | |
| r 29............................................ | am No 133, 2009; No 78, 2010; No 137, 2014; F2017L01488 |
| Division 2 | |
| Division 2 heading...................... | am F2017L01677 |
| Division 2.................................. | ad F2017L01488 |
| r 30A......................................... | ad F2017L01488 |
| am F2017L01677; F2018L01547; F2019L00273 | |
| r 30B......................................... | ad F2017L01488 |
| am F2018L01547; F2019L00273 | |
| r 30C......................................... | ad F2017L01677 |
| am F2018L01547 | |
| r 30D......................................... | ad F2017L01677 |
| am F2018L01547 | |
| r 30E.......................................... | ad F2019L00273 |
| Part 5 | |
| r 32............................................ | rs F2019L00273 |
| r 32A......................................... | ad F2019L00273 |
| r 32B......................................... | ad F2019L00273 |
| r 33............................................ | ad No 133, 2009 |
| am F2017L01488; F2018L01547; F2019L00273 | |
| Part 6 | |
| Part 6......................................... | ad No 137, 2014 |
| Division 1 | |
| Division 1 heading...................... | ad No 170, 2014 |
| rep 23 Sept 2015 (r 37) | |
| ad F2017L00921 | |
| Division 1.................................. | rep 23 Sept 2015 (r 37) |
| ad F2017L00921 | |
| r 34............................................ | ad No 137, 2014 |
| rep 23 Sept 2015 (r 37) | |
| ad F2017L00921 | |
| r 35............................................ | ad No 137, 2014 |
| rep 23 Sept 2015 (r 37) | |
| ad F2017L00921 | |
| Division 2 | |
| Division 2.................................. | ad No 170, 2014 |
| rep 5 Nov 2015 (r 44) | |
| ad F2017L01488 | |
| r 36............................................ | ad No 137, 2014 |
| rep 23 Sept 2015 (r 37) | |
| ad F2017L01488 | |
| Division 3 | |
| Division 3.................................. | ad F2017L01677 |
| r 37............................................ | ad No 137, 2014 |
| am No 170, 2014 | |
| rep 23 Sept 2015 (r 37) | |
| ad F2017L01677 | |
| Division 4 | |
| Division 4.................................. | ad F2018L01547 |
| r 38............................................ | ad No 170, 2014 |
| rep 5 Nov 2015 (r 44) | |
| ad F2018L01547 | |
| r 38A......................................... | ad No 170, 2014 |
| rep 5 Nov 2015 (r 44) | |
| r 39............................................ | ad No 170, 2014 |
| rep 5 Nov 2015 (r 44) | |
| r 40............................................ | ad No 170, 2014 |
| rep 5 Nov 2015 (r 44) | |
| r 41............................................ | ad No 170, 2014 |
| rep 5 Nov 2015 (r 44) | |
| r 42............................................ | ad No 170, 2014 |
| rep 5 Nov 2015 (r 44) | |
| r 43............................................ | ad No 170, 2014 |
| rep 5 Nov 2015 (r 44) | |
| r 44............................................ | ad No 170, 2014 |
| rep 5 Nov 2015 (r 44) | |
| Division 3.................................. | ad No 77, 2015 |
| rep 3 June 2016 (r 46) | |
| r 45............................................ | ad No 77, 2015 |
| rep 3 June 2016 (r 46) | |
| r 46............................................ | ad No 77, 2015 |
| rep 3 June 2016 (r 46) | |
| Division 5 | |
| Division 5.................................. | ad F2019L00273 |
| r 40............................................ | ad F2019L00273 |
| r 41............................................ | ad F2019L00273 |
| r 42............................................ | ad F2019L00273 |
| Schedule 1 | |
| Schedule 1.................................. | am 2009 No. 133; 2010 No. 78 |
Endnote 5—Editorial changes
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.
Subregulation 21(1)
Kind of editorial change
Changes to grammar, syntax or the use of conjunctives or disjunctives
Details of editorial change
Schedule 1 item 13 of the National Rental Affordability Scheme Amendment (Investor Protection) Regulations 2019 instructs to omit “another approved participant, or another person or entity” and substitute “or another person or entity (the gaining approved participant)” in subregulation 21(1).
The amended subregulation 21(1) reads as follows:
(1)If the approved participant (the original approved participant) for an approved rental dwelling, or a person acting on behalf of the approved participant, requests the Secretary, in a form approved by the Secretary, to transfer the allocation to or another person or entity (the gaining approved participant), the Secretary may transfer the allocation as requested.
This compilation was editorially changed to omit the word “or” (second occurring) to correct the grammatical error.
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