Residential Tenancies Amendment Act 2018 (Vic)

Residential Tenancies Amendment Act 2018

No. 45 of 2018

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

Part 2—Amendments relating to definitions and application of Principal Act

4Purposes of Principal Act amended

5Definitions

6New sections 3A and 3B inserted

7Section 17 amended

8Minister may declare building to be a rooming house

9Application for exemption

10Order of Tribunal

Part 3—Amendments relating to  residential tenancies—residential rental agreements

11Section 26 amended

12Section 26A amended

13Invalid terms

14Section 27A amended

15New sections 27B and 27C inserted

16Section 29 amended

17New sections 29A and 29B inserted

18New Division 1A of Part 2 inserted

19Section 30 amended

20New section 30A inserted

21New Division 1B and Division 1C of Part 2 inserted

22What is the maximum bond?

23Not more than 1 bond is payable in respect of continuous occupation

24Condition report

25New section 35A inserted

26Condition report is evidence of state of repair

27Certain guarantees prohibited

28Maximum amount of certain guarantees

29Accrual of rent

30Limit on rent in advance

31Section 41 amended

32Where and how is rent to be paid?

33Receipts for rent

34Section 44 amended

35Section 49 amended

36Application and holding deposits

37Certain charges prohibited

38Section 52 substituted

39Section 53 amended

40New sections 53A and 53B inserted

41Section 54 amended

42New section 54A inserted

43Section 56 amended

44Section 57 amended

45Heading to Division 5 of Part 2 amended

46Section 61 substituted

47Section 62 substituted

48Section 63 substituted and new section 63A inserted

49Section 64 amended

50New Division 5A of Part 2 heading inserted

51Section 65 amended

52New section 65A inserted

53Section 66 amended

54Quiet enjoyment

55Section 68 amended

56New sections 68A and 68B inserted

57Section 69 amended

58Locks

59Locks for rented premises the subject of an intervention order

60New section 70B inserted

61New Division 5B inserted in Part 2

62New section 72AA inserted

63Urgent repairs

64Application to Tribunal for urgent repairs

65Application to Director to investigate need for non‑urgent repairs

66Section 75 substituted

67New section 75A inserted

68What can the Tribunal order?

69Payment of rent into Rent Special Account

70Section 78 amended

71Section 79 amended

72Section 81 amended

73Section 84 amended

74Entry of rented premises

75Grounds for entry of rented premises

76Section 89 substituted

77New section 89A inserted

78What if damage is caused during entry?

79Offence relating to entering rented premises

Part 4—Amendments relating to rooming houses—residency rights and duties

80Notice to resident of residency right

81New section 93A inserted

82Section 94 amended

83Harsh and unconscionable terms

84New sections 94AB, 94AC, 94AD, 94AE and 94AF inserted

85Consent required for increase in room capacity

86New Divisions 1B and 1C inserted in Part 3

87What is the maximum bond?

88Condition report

89New section 97A inserted

90Condition report is evidence of state of repair

91Limit on rent in advance

92New section 99A inserted

93Receipts for rent

94How much notice of rent increase is required?

95Resident's goods not to be taken for rent

96Separately metered rooms

97Section 109A amended

98Sections 110, 112 and 113 amended

99Section 114 substituted and new section 114A inserted

100Section 115 amended

101Resident must notify owner of and compensate for damage

102Sections 117, 118 and 119 amended

103New sections 120AA and 120AAB inserted

104Sections 120 and 121 amended

105Sections 122 and 123 amended

106Section 124 substituted

107Section 125 amended

108Duties relating to house rules

109Urgent repairs

110Application to Tribunal for urgent repairs

111Application to Director to investigate need for non‑urgent repairs

112Section 132 substituted

113What can the Tribunal order?

114Payment of rent into Rent Special Account

115Access to room

116Resident has duty to permit entry

117What if damage is caused during entry?

118Offence relating to entering room occupied by resident

119Standards for rooming houses etc.

120Records of gas and electrical safety checks

121Unregistered rooming house

122Information to be included in Rooming House Register

123Inspection of Rooming House Register

124New section 142KA inserted

Part 5—Amendments relating to caravan parks and movable dwellings

125Agreements

126New sections 144AA and 144AB inserted

127New section 144B inserted

128Caravan park owner to notify prospective resident of rights

129New Divisions 1A and 1B inserted in Part 4

130Payment of bond

131What is the maximum bond?

132Condition report

133New section 148A inserted

134Condition report is evidence of state of repair

135Limit on rent or hiring charge in advance

136New section 150A inserted

137Receipts for rent or hiring charge

138How much notice is required of rent or hiring charge increase?

139Resident's goods not to be taken for rent or hiring charge

140Section 161 substituted

141Resident's liability for electricity, gas and water charges

142Caravan park owner's liability for electricity, gas and water charges

143Owner's responsibility for charges for supply to non-complying appliances

144Owner must not seek overpayment for utility charges

145Sections 167, 169 and 170 amended

146Section 171 substituted and new sections 171A and 171B inserted

147Section 172 repealed

148Resident must notify owner of and compensate for damage

149Sections 174, 175, 176, 177 and 178 amended

150New section 178A inserted

151Duty of caravan park owner to maintain communal areas

152Maintenance and repair of caravans

153New sections 180A and 180B inserted

154Section 181 amended

155Statement of rights and copy of park rules

156Statement of scale of certain charges, fees and commissions

157Owner to give additional information

158Caravan park rules

159Duties relating to caravan park rules

160Urgent repairs to caravans

161New section 188A inserted

162Application to Tribunal for urgent repairs

163New section 189A inserted

164Application to Director to investigate need for non-urgent repairs

165New section 190A inserted

166Application to Tribunal for non-urgent repairs

167New section 191A inserted

168What can the Tribunal order?

169Payment of hiring charge into Rent Special Account

170Heading to Division 7 of Part 4 amended

171Transfer of residency right

172Sale of caravan

173Resident has duty to permit entry

174What if damage is caused during entry?

175Offence relating to entering a site or caravan occupied by a resident

176New Division 9 of Part 4 inserted

Part 6—Amendments relating to site agreements and Part 4A dwellings

177New section 206BA inserted

178Site agreements to be in writing

179New section 206EA inserted

180Terms of site agreement

181New section 206FA inserted

182Site agreement consideration period

183New Divisions 1A and 1B inserted in Part 4A

184What is the maximum bond?

185Not more than one bond is payable in respect of continuous occupation

186Part 4A site condition report

187New section 206OA inserted

188Condition report is evidence of state of repair

189Certain guarantees prohibited

190Rent, fees and charges under site agreements

191New section 206SA inserted

192Limit on rent in advance

193New section 206TA inserted

194Receipts for rent

195How much notice is required of rent increase?

196Site tenant may complain to Director about excessive rent

197Site tenant's goods not to be taken for rent

198Section 206ZD substituted

199Site tenant's liability for electricity, gas and water charges

200Site owner's liability for electricity, gas and water charges

201Site owner must not seek overpayment for utility charges

202Site tenant's use of site

203Sections 206ZJ, 206ZK and 206ZL amended

204Section 206ZM substituted and new sections 206ZMA and 206ZMB inserted

205Section 206ZN repealed

206Site tenant must notify site owner of and compensate for damage

207Sections 206ZP and 206ZQ amended

208Site owner must give tenant certain information

209Part 4A site plans

210Sections 206ZT, 206U and 206V amended

211New sections 206ZVA, 206ZVB and 206ZVC inserted

212Duty of site owner to maintain communal areas

213Site owner to give additional information

214Site owner may make Part 4A park rules

215Amendment of Part 4A park rules

216New Division 7A inserted in Part 4A

217New section 206ZZBAA inserted

218Site owner's duties to site tenants committees

219Assignment by a site tenant

220Sub-letting by a site tenant

221Site owner cannot ask for fee for giving consent

222Sale of Part 4A dwelling

223Site tenant has duty to permit entry

224What if damage is caused during entry?

225Offence relating to entering a site occupied by a site tenant

Part 7—Amendments relating to compensation and compliance

226Definitions

227Breach of duty notice

228New section 209AAB inserted

229New section 210AA inserted

230Application to Tribunal for compensation order on other grounds

231Matters which may be considered by Tribunal

232New sections 211A and 211B inserted

233Orders of Tribunal

234Compensation for unpaid rent

235New sections 215A and 215B inserted

Part 8—Amendments relating to termination

236New Division 9 of Part 2 inserted

237New Division 10 of Part 3 inserted

238New Division 9 of Part 4 inserted

239New Division 11 of Part 4A inserted

240Part 6 repealed

Part 9—Amendments relating to regaining possession—possession orders and warrants

241Section 322 substituted

242Application for possession order by mortgagee

243Section 327 repealed

244Order of Tribunal

245New section 330A inserted

246Order to be dismissed or adjourned in certain circumstances

247Order not to be made in certain circumstances

248New section 332A inserted

249Contents of possession order

250Division 2 of Part 7 repealed

251Issue of warrant of possession

252Postponement of issue of warrant in certain cases

253Section 353 substituted

254Lapsing of possession order and lapsing or cancellation of warrant of possession

Part 10—Amendments relating to violence on certain premises

255Manager may give person notice to leave—serious acts of violence

256Offence to give notice to leave or purported notice to leave without reasonable grounds

257Offence to remain on premises if given notice to leave

258Offence to re-enter premises during suspension

259Increase in penalty in section 372

260New section 372A inserted

261Tribunal must hear application urgently

262What can the Tribunal order?

263Offence to allow occupation of premises pending application or hearing

Part 11—Amendments relating to goods left behind by renters, residents and site tenants

264Definitions—Part 9

265What happens if personal documents are left behind?

266Reclaiming personal documents before disposal

267Disposal of certain goods left behind

268Sections 386, 387 and 388 substituted

269Sections 388A and 389 repealed

270Sections 391 and 392 substituted

271Section 393 repealed

272Purchaser takes good title

273Section 395 substituted and new section 395A inserted

274Sections 396, 397 and 398 substituted

275Sections 399 and 399A repealed

276What orders can the Tribunal make?

277Sections 402 and 403 repealed

Part 12—Amendments relating to bonds and the Residential Tenancies Bond Authority

278Definitions

279Bond lodgment form

280Duty to pay bond to Authority

281Receipt for bond

282Section 409 amended

283Section 410A substituted

284Payment of substitute bond

285Division 3 of Part 10 heading substituted

286Section 411 substituted

287Section 411A substituted and sections 411AB, 411AC, 411AD and 411AE inserted

288Section 411B amended

289Repeal of sections 412, 413A, 414, 415, 416, 417, 418 and 419

290New section 419A inserted

291Determination by Tribunal

292New sections 420A, 420B and 420C inserted

293Section 424 amended

294Section 425 amended

295Agent to produce authorisation on request

296Authority to record names

297Section 428 amended

298Residential Bonds Investment Income Account

Part 13—Amendments relating to residential tenancy databases

299Notice of usual use of database

300Notice of listing if database used

301Listing can be made only for particular breaches by particular persons

302Further restriction on listing

303Section 439G amended

304Ensuring quality of listing—database operator's obligation

305Providing copy of personal information listed

306Keeping personal information listed

307Application to Tribunal for removal or amendment of listing

308What can the Tribunal order?

Part 14—Amendments relating to Rental Non-compliance Register

309Orders of Tribunal

310New Part 10B inserted

Part 15—Amendments relating to functions of Tribunal

311Limits of jurisdiction of Tribunal

312General applications to the Tribunal

313General power of Tribunal to make determinations

314Review of certain determinations and orders

315New section 481 inserted

316Rent Special Account

Part 16—Amendments relating to administration

317Functions of Director

318New section 486A inserted

319Director may authorise payments for research etc.

320Sections 496, 497 and 498 repealed

321New Divisions 3 and 4 inserted in Part 12

322New Schedule 1A inserted

Part 17—General amendments

Division 1—Park closures

323New section 311A inserted

324Notice of no effect

325Form of notice to vacate

326New section 317ZDA inserted

327Notice of no effect

Division 2—Miscellaneous amendments

328Repeal of Division 1 of this Part

329Confidentiality

330Section 501 amended

331Offence to persuade person not to exercise rights or take proceedings

332Offence to aid, abet, counsel or procure commission of offence

333Offence to give false information

334Certain penalties prohibited

335Offences with respect to formal affiliation of premises with school or institution

336Offence not to display notice about affiliation of premises with school or institution

337Service of documents

338Application of provisions of Australian Consumer Law and Fair Trading Act 2012

339New Divisions 2B and 2C of Part 13 inserted

340Regulations

Part 18—Consequential amendments and transitional provisions

Division 1—Consequential amendments of the Principal Act

341Consequential amendments of Division 2 of Part 1

342Further consequential amendments of Division 2 of Part 1

343Further consequential amendments of Division 2 of Part 1

344Consequential amendment of Part 2

345Consequential amendments of Division 2 of Part 2

346Consequential amendments of Division 3 of Part 2

347Consequential amendments of Division 4 of Part 2

348Consequential amendments of Division 5 of Part 2

349Consequential amendments of Division 6 of Part 2

350Consequential amendments of Division 7 of Part 2

351Consequential amendments of Division 8 of Part 2

352Consequential amendments of Division 1 of Part 3

353Consequential amendments of Division 1A of Part 3

354Consequential amendments of Division 2 of Part 3

355Consequential amendments of Division 3 of Part 3

356Consequential amendments of Division 4 of Part 3

357Consequential amendments of Division 5 of Part 3

358Consequential amendments of Division 6 of Part 3

359Consequential amendments of Division 7 of Part 3

360Consequential amendments of Part 5

361Consequential amendments of Part 7

362Consequential amendments of Part 8

363Consequential amendments of Part 9

364Consequential amendments of Part 10

365Consequential amendments of Part 10A

366Consequential amendments of Part 11

367Consequential amendment of Part 13

Division 2—Transitional provisions

368New Division 5 of Schedule 1 inserted

Division 3—Consequential amendments to other Acts

369Australian Consumer Law and Fair Trading Act 2012

370Estate Agents Act 1980

371Family Violence Protection Act 2008

372Fences Act 1968

373Fines Reform Act 2014

374Gambling Regulation Act 2003

375Housing Act 1983

376Owners Corporations Act 2006

377Rooming House Operators Act 2016

378Victorian Civil and Administrative Tribunal Act 1998

379Water Act 1989

Part 19—Consequential amendments relating to Specialist Disability Accommodation

Division 1—Amendment of Part 12A

380When does Part not apply to occupation of SDA enrolled dwelling

381Information statement required to be given to SDA resident

382Grounds for entry of SDA enrolled dwelling

Division 2—Other amendments

383Definitions

384Tenancy agreements to be in standard form

385Copy of agreement to be made available to tenant

386Assignment and sub-letting by a tenant

387New section 91DA inserted

388Section 91Z amended

Part 20—Repeal of amending Act

389Repeal of amending Act

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Endnotes

1      General information

Residential Tenancies Amendment Act 2018

No. 45 of 2018

[Assented to 18 September 2018]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the Residential Tenancies Act 1997—

(i)to change terminology used under the Act in respect of landlords, rooming house owners, tenants and tenancy agreements; and

(ii)to make further provision about notices to vacate and notices of intention to vacate; and

(iii)to prohibit false, misleading or deceptive representations about premises and misleading or deceptive inducements to enter residential rental agreements by residential rental providers or the providers' agents; and

(iv)to amend provisions relating to modifications of premises, bonds and payment of rent; and

(v)to provide for fixed term rooming house agreements; and

(vi)to provide for a rental non-compliance register of residential rental providers and their agents; and

(vii)to provide renters certain protections against unlawful discrimination; and

(viii)to provide for the circumstances under which a renter is permitted to keep a pet at rented premises; and

(ix)to require a residential rental provider to provide and maintain premises that meet certain rental minimum standards; and

(x)to provide for compensation to be payable on the closure of caravan parks and Part 4A parks, as determined by the Tribunal; and

(xi)to provide for a civil pecuniary penalty regime in respect of certain offences under that Act; and

(xii)to provide further protections in relation to family violence; and

(xiii)to make other amendments relating to the operation of that Act; and

(b)to make consequential amendments to that Act and various other Acts.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 July 2020, it comes into operation on that day.

3Principal Act

In this Act, the Residential Tenancies Act 1997 is called the Principal Act.

Part 2—Amendments relating to definitions and application of Principal Act

4Purposes of Principal Act amended

In section 1 of the Principal Act—

(a)in paragraph (a), for "landlords and tenants" substitute "residential rental providers and renters";

(b)in paragraph (b), for "owners" substitute "operators".

5Definitions

(1)In section 3(1) of the Principal Act insert the following definitions—

"breach of duty notice means a notice served under section 208;

condition report means—

(a)for the purposes of Part 2, a condition report provided under section 35;

(b)for the purposes of Part 3, a condition report provided under section 97;

(c)for the purposes of Part 4, a condition report provided under section 148;

(d)for the purposes of Part 4A, a condition report provided under section 206O;

deadlock means a deadlatch with at least one cylinder;

Director's guidelines means any guidelines issued by the Director under section 486;

duty provision means—

(a)in relation to rented premises—

(i)section 89; or

(ii)any provision of Division 5 of Part 2, except sections 59, 62, 66 and 71; or

(b)in relation to a rooming house—

(i)section 140; or

(ii)any provision of Division 5 of Part 3, except section 111, 126 or 128; or

(c)in relation to a caravan park—

(i)section 204; or

(ii)any provision of Division 5 of Part 4, except section 168; or

(d)in relation to a Part 4A park—

(i)section 206ZZM; or

(ii)any provision of Division 5 or Division 6 of Part 4A;

efficiency rating system means a system of rating the efficiency of any appliances, fixtures and fittings prescribed for the purposes of section 54(1), 69, 72(3), 181 or 206ZZAA;

embedded electricity network means a privately owned electricity network—

(a)that serves more than one customer; and

(b)that connects to a distribution or transmission system in the national electronic grid through a parent connection point;

fair wear and tear means deterioration of the condition of premises caused by—

(a)reasonable use of the premises by a renter or a visitor; and

(b)natural environmental forces;

family member has the same meaning as in the Family Violence Protection Act 2008;

family violence has the same meaning as in the Family Violence Protection Act 2008;

family violence intervention order has the same meaning as in the Family Violence Protection Act 2008;

family violence safety notice has the same meaning as in the Family Violence Protection Act 2008;

fixed term residential rental agreement means a residential rental agreement for a fixed term including, in the case of a fixed term residential rental agreement for more than 5 years, any extension of that residential rental agreement exercised in accordance with a term permitting the extension of that residential rental agreement at the end of the fixed term;

fixed term rooming house agreement means an agreement under section 93A;

information provider means a person who carries on a business of providing information and includes—

(a)the holder of a licence granted under the Broadcasting Services Act 1992 of the Commonwealth;

(b)a person who is the provider of a broadcasting service under a class licence under that Act;

(c)the holder of a licence continued in force by section 5(1) of the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 of the Commonwealth;

(d)the Australian Broadcasting Corporation;

(e)the Special Broadcasting Service Corporation;

notice of intention to vacate means—

(a)in relation to rented premises, a notice of intention to vacate under Division 9 of Part 2;

(b)in relation to a rooming house, a notice of intention to vacate under Division 10 of Part 3;

(c)in relation to a residency right in respect of a site or a caravan in a caravan park, a notice of intention to vacate under Division 9 of Part 4;

(d)in relation to a site agreement or a Part 4A site, a notice of intention to vacate under Division 11 of Part 4A;

notice to vacate means—

(a)in relation to rented premises, a notice to vacate under Division 9 of Part 2;

(b)in relation to a rooming house, a notice to vacate under Division 10 of Part 3;

(c)in relation to a residency right in respect of a site or a caravan in a caravan park, a notice to vacate under Division 9 of Part 4;

(d)in relation to a site agreement or a Part 4A site, a notice to vacate under Division 11 of Part 4A;

occupation fee means the following—

(a)a fee an owner of premises may require under section 388;

(b)a fee ordered by the Tribunal under section 401(b);

owners corporation has the same meaning as in section 3 of the Owners Corporations Act 2006;

pecuniary penalty provision means a provision set out in Schedule 1A;

periodic residential rental agreement means a residential rental agreement other than a fixed term residential rental agreement;

personal information, other than in Part 10A, has the same meaning as in the Privacy and Data Protection Act 2014;

personal violence means the following—

(a)prohibited behaviour within the meaning of the Personal Safety Intervention Orders Act 2010;

(b)stalking within the meaning of the Personal Safety Intervention Orders Act 2010;

pet means any animal other than an assistance dog within the meaning of the Equal Opportunity Act 2010;

prohibited term means a term referred to in section 26A(1)(a), 27B, 94AC, 94AD, 144AA, 144AB or 206FA;

protected person means—

(a)in relation to a family violence safety notice, a protected person within the meaning of the Family Violence Protection Act 2008;

(b)in relation to a family violence intervention order, a protected person within the meaning of the Family Violence Protection Act 2008;

(c)in relation to a recognised non-local DVO, a protected person within the meaning of the National Domestic Violence Order Scheme Act 2016;

(d)in relation to a personal safety intervention order, a protected person within the meaning of the Personal Safety Intervention Orders Act 2010;

recognised non-local DVO means non-local DVO that is a recognised DVO under the National Domestic Violence Order Scheme Act 2016;

registered housing agency means—

(a)a participating registered agency within the meaning of the Housing Act 1983; or

(b)a registered agency within the meaning of the Housing Act 1983;

rental minimum standards means the standards prescribed under section 65A;

Rental Non-compliance Register means the register established under section 439P;

renter means—

(a)the person to whom premises are let under a residential rental agreement; or

(b)the person to whom premises are to be let under a proposed residential rental agreement;

required time means—

(a)in relation to rented premises—

(i)for a duty under section 60 or 67, 7 days; or

(ii)for a duty under section 89 in relation to a right of entry for a purpose set out in section 86(1)(a), (c) or (f), 14 days; or

(iii)for a duty under section 89 in relation to a right of entry for a purpose set out in section 86(1)(b), (d) or (e), 3 days; or

(iv)for any other duty under Division 5 or 5A of Part 2, 14 days; or

(b)in relation to a rooming house, for a duty under section 140 or Division 5 of Part 3, 3 days; or

(c)in relation to a caravan park—

(i)for a duty under section 204 in relation to a right of entry for a purpose set out in section 201(a), (c) or (e), 7 days; or

(ii)for a duty under section 204 in relation to a right of entry for a purpose set out in section 201(b) or (d), 3 days; or

(iii)for any other duty under Division 5 of Part 4, 7 days; or

(d)in relation to a Part 4A site—

(i)for a duty under section 206ZZM in relation to a right of entry for a purpose set out in section 206ZZJ(a), (c) or (e), 14 days; or

(ii)for a duty under section 206ZZM in relation to a right of entry for a purpose set out in section 206ZZJ(b) or (d), 3 days; or

(iii)for a duty under section 206ZL or 206ZU, 7 days; or

(iv)for any other duty under Division 5 or Division 6 of Part 4A, 14 days;

residential rental agreement means an agreement, whether or not in writing and whether express or implied, under which a person lets premises as a residence (but does not include an SDA residency agreement) and includes a fixed term residential rental agreement and a periodic residential rental agreement;

residential rental provider means—

(a)the person by whom premises are let under a residential rental agreement; or

(b)the person by whom the premises are to be let under a proposed residential rental agreement;

residential rights contravention means—

(a)a contravention of a pecuniary penalty provision; or

(b)conduct in relation to a pecuniary penalty provision that is referred to in section 498AD(1)(b) to (g);

rooming house operator has the same meaning as in section 3(1) of the Rooming House Operators Act 2016;

serious defect, in respect of a caravan and a Part 4A dwelling, means—

(a)the caravan or dwelling, including the exterior of the caravan or dwelling, is not in a reasonable state of cleanliness or repair; and

(b)the condition of the caravan or dwelling poses a significant health or safety risk;

standard form, except in Part 12, means the form prescribed for the purposes of section 26(1) or (1A)(b);

substantiation notice means a notice given under section 510L(2);

suitably qualified person includes a tradesperson who is registered or licensed in respect of relevant work to be undertaken, if that work requires a person to be so registered or licensed;

Uniform Capital Allowance System means the Uniform Capital Allowance System in the publication known as the Australian Taxation Office Guide to Depreciating Assets 2017, issued in respect of Division 40 of Part 2–10 of the Income Tax Assessment Act 1997 of the Commonwealth, as in force from time to time;

urgent site repairs means any work prescribed as urgent repairs to—

(a)a site or a Part 4A site; or

(b)in the case of a caravan park, any structure or fixture owned by a caravan park owner on a site; or

(c)in the case of a Part 4A park, any structure or fixture owned by a site owner on a site; or

(d)any damage of a prescribed class;".

(2)In section 3(1) of the Principal Act the definitions of family violence intervention order, family violence safety notice, fixed term tenancy agreement, landlord, periodic tenancy agreement, prescribed rating system, rooming house owner, standard form tenancy agreement, tenancy agreement and tenant are repealed.

(3)In section 3(1) of the Principal Act—

(a)in the definition of bond, in paragraph (a)—

(i)for "tenant" substitute "renter";

(ii)for "tenancy agreement" (where twice occurring) substitute "residential rental agreement";

(b)in the definition of common area, for "tenants" (where first occurring) substitute "renters";

(c)in the definition of exclusion condition, in paragraph (c), for "non-local DVO that is a recognised DVO" substitute "recognised non-local DVO";

(d)in the definition of facilities—

(i)in paragraph (l), for "tenants" (where first occurring) substitute "renters";

(ii)for "tenant" (where first occurring) substitute "renter";

(e)in the definition of health or residential service, for paragraph (e) substitute—

"(e)premises where specialist disability accommodation is provided; or";

(f)for paragraph (a) of the definition of rent substitute—

"(a)in relation to a residential rental agreement, the amount paid to a residential rental provider by a renter to occupy rented premises and use facilities and services; or";

(g)in the definition of rent—

(i)in paragraph (b), for "owner" substitute "operator";

(ii)for "tenant or resident" substitute "renter, resident or site tenant";

(h)in the definition of rented premises, for "tenancy agreement" (where twice occurring) substitute "residential rental agreement";

(i)in the definition of resident—

(i)in paragraph (a), for "owner" substitute "operator";

(ii)in paragraph (b)(ii), after "days" insert "other than an occupant under an occupancy agreement which is expressed to be for holidaying or non‑residential purposes for a period of 60 days or more";

(j)in the definition of rooming house provisions, for "owner" substitute "operator";

(k)in the definition of services, for "owner" substitute "operator";

(l)for the definition of temporary crisis accommodation substitute—

"temporary crisis accommodation means accommodation provided—

(a)for a prescribed period; and

(b)on a non-permanent basis; and

(c)on a non-profit basis; and

(d)which is prescribed to be temporary crisis accommodation;";

(m)in paragraph (a) of the definition of visitor, for "tenant" (where twice occurring) substitute "renter".

(4)In section 3(1) of the Principal Act, in the definition of urgent repairs—

(a)in paragraphs (h)(i) and (j), for "landlord" substitute "residential rental provider";

(b)in paragraph (h)(ii), for "owner" substitute "operator";

(c)after paragraph (i) insert—

"(ia)a failure or breakdown of any cooling appliance or cooling service provided by a residential rental provider, rooming house operator, caravan park owner or caravan owner; or

(ib)a failure to comply with any rental minimum standards; or

(ic)a failure or breakdown of any safety‑related devices, including a smoke alarm or pool fence; or";

(d)for paragraph (k) substitute—

"(k)any fault or damage that makes rented premises, a rooming house, a room, a caravan or an SDA enrolled dwelling unsafe or insecure, including—

(i)a pest infestation; or

(ii)the presence of mould or damp caused by or related to the building structure; or";

(e)in paragraph (j), for "rooming house owner" substitute "rooming house operator".

(5)In section 3(2) of the Principal Act—

(a)for "landlord" (where twice occurring) substitute "residential rental provider";

(b)for "tenant" (where twice occurring) substitute "renter";

(c)for "tenancy agreement" substitute "residential rental agreement".

(6)In section 3(1) of the Principal Act insert the following definitions—

"eligible resident means a resident of a caravan park who owns a dwelling affixed to a site in the caravan park other than an annexe but does not include a resident who only owns a registrable movable dwelling;

eligible site tenant means a site tenant who owns a Part 4A dwelling;

park closure compensation order means an order made by the Tribunal under section 215B;".

6New sections 3A and 3B inserted

After section 3 of the Principal Act insert—

"3A   Objectives of this Act

The objectives of this Act are to facilitate—

(a)clarity and certainty as to the rights and responsibilities of the following—

(i)residential rental providers and renters under residential rental agreements;

(ii)rooming house operators and residents in relation to residency rights in rooming houses;

(iii)caravan park owners, caravan owners and residents in relation to residency rights and agreements in respect of those rights;

(iv)site owners and site tenants under site agreements; and

(b)the provision of appropriate security of tenure and safe and habitable premises to renters, residents of rooming houses and caravan parks and site tenants; and

(c)a regulatory framework that enables residential rental providers, rooming house operators, caravan park owners, caravan owners and site owners to receive a fair return for providing safe and habitable premises, rooms and sites and Part 4A sites; and

(d)the provision to residential rental providers, rooming house operators, caravan park owners, caravan owners, site owners, renters, residents and site tenants of—

(i)effective mechanisms to resolve disputes; and

(ii)the ability to enforce rights under residential rental agreements, residency rights, site agreements and under this Act; and

(e)residential rental providers, rooming house operators, caravan park owners, caravan owners, site owners, renters, residents and site tenants—

(i)to meet their obligations, even if there are changed circumstances; and

(ii)to take a responsible approach to their obligations to each other and to visitors and neighbours at premises, rooming houses, caravan parks and Part 4A parks.

3BReferences to landlords, tenants and tenancy agreements

(1)For the purposes of this Act—

(a)a reference to a residential rental provider includes a landlord; and

(b)a reference to a renter includes a tenant; and

(c)a reference to a residential rental agreement includes a tenancy agreement or tenancy.

(2)Unless this Act expressly provides or the context otherwise requires, despite the changes in terminology made by the Residential Tenancies Amendment Act 2018—

(a)in relation to rented premises within the meaning of this Act, the law in respect of landlords continues to apply to residential rental providers; and

(b)in relation to rented premises within the meaning of this Act, the law in respect of tenants continues to apply to renters; and

(c)the law in respect of tenancy agreements and tenancies continues to apply to residential rental agreements.

(3)Nothing in this section applies to a tenancy to which the Retail Leases Act 2003 or any other prescribed enactment or law applies.".

7Section 17 amended

(1)Insert the following heading to section 17 of the Principal Act—

"Room used by operator or operator's family or employees".

(2)In section 17 of the Principal Act, for "owner, a member of the owner's family or an employee of the owner" substitute "operator, a member of the operator's family or an employee of the operator".

8Minister may declare building to be a rooming house

For section 19(3) and (4) of the Principal Act substitute—

"(3)On the request of the Director of Housing, the Minister, by notice published in the Government Gazette, may declare the following to be a rooming house for the purposes of this Act—

(a)a building owned or leased by the Director of Housing and containing one or more self-contained apartments; or

(b)a building owned or leased by a registered housing provider within the meaning of the Housing Act 1983 or registered housing association within the meaning of that Act and containing one or more self-contained apartments.

(4)A notice under subsection (3) may be published on the Internet.".

9Application for exemption

(1)In section 24(1) of the Principal Act—

(a)for "landlord or tenant" substitute "residential rental provider or renter";

(b)for "tenancy agreement" substitute "residential rental agreement".

(2)In section 24(2) of the Principal Act, for "house owner" substitute "house operator".

10Order of Tribunal

(1)In section 25(1) of the Principal Act—

(a)for "landlord" substitute "residential rental provider";

(b)for "tenancy" substitute "residential rental";

(c)for "tenant" substitute "renter".

(2)In section 25(2) of the Principal Act, for "rooming house owner" substitute "rooming house operator".

Part 3—Amendments relating to
residential tenancies—residential rental agreements

11Section 26 amended

(1)Insert the following heading to section 26 of the Principal Act—

"Residential rental agreements to be in standard form".

(2)For section 26(1) of the Principal Act substitute—

"(1)If a residential rental agreement for a fixed term not exceeding 5 years is in writing, it must be in the prescribed standard form for a fixed term residential rental agreement of no more than 5 years.".

(3)In section 26(1A) of the Principal Act—

(a)for "tenancy agreement" (where first occurring) substitute "residential rental agreement";

(b)for paragraph (b) substitute—

"(b)must be in the prescribed standard form for a fixed term residential rental agreement of more than 5 years unless it is in the form referred to in subsection (1).".

(4)In section 26(2) of the Principal Act—

(a)for "landlord" substitute "residential rental provider";

(b)for "tenant" substitute "renter";

(c)for "tenancy agreement" substitute "residential rental agreement".

(5)In section 26(2A) of the Principal Act—

(a)for "landlord" substitute "residential rental provider";

(b)for "tenant" substitute "renter";

(c)for "tenancy agreement"(where first occurring) substitute "residential rental agreement";

(d)for paragraphs (a) and (b) substitute—

"(a)in the standard form for a fixed term not exceeding 5 years; or

(b)in the standard form for a fixed term of more than 5 years.".

(6)For the penalty at the foot of section 26(2) and (2A) of the Principal Act substitute—

"Penalty:25 penalty units.".

(7)In section 26(3) of the Principal Act, for "tenancy agreement" substitute "residential rental agreement".

(8)At the foot of section 26 of the Principal Act insert—

"Note

Section 27C provides that terms about cleaning and safety‑related repairs and related obligations may be included in a residential rental agreement in the standard form.".

12Section 26A amended

(1)For the heading to section 26A of the Principal Act substitute—

"Offence to include prohibited terms in residential rental agreement for fixed term of more than 5 years".

(2)For section 26A(1) of the Principal Act substitute—

"(1)A residential rental provider or renter must not prepare or authorise the preparation of a residential rental agreement for a fixed term of more than 5 years that contains—

(a)a prescribed prohibited term for a residential rental agreement for a fixed term of more than 5 years; or

(b)a term referred to in section 27B.

Penalty:25 penalty units.".

(3)In section 26A(2) of the Principal Act—

(a)for "tenancy" substitute "residential rental";

(b)omit "prescribed".

13Invalid terms

(1)For section 27(1) of the Principal Act substitute—

"(1)A term of a residential rental agreement that is additional to the terms contained in the standard form is invalid if—

(a)it purports to exclude, restrict or modify, or purports to have the effect of excluding, restricting or modifying—

(i)the application to that residential rental agreement of all or any of the provisions of this Act; or

(ii)the exercise of a right conferred by this Act; or

(b)it is a prohibited term or a term that this Act provides must not be included in a residential rental agreement.

Note

Section 27A provides for terms that are additional to the terms contained in the standard form.".

(2)In section 27(2) of the Principal Act, for "tenancy agreement" (where twice occurring) substitute "residential rental agreement".

(3)In section 27(3) of the Principal Act, omit "tenancy agreement".

(4)Section 27(4) of the Principal Act is repealed.

(5)At the foot of section 27 of the Principal Act insert—

"Note

The Tribunal may declare under sections 28 and 472 that a term of a residential rental agreement is invalid.".

14Section 27A amended

(1)For the heading to section 27A of the Principal Act substitute—

"Additional terms in fixed term residential rental agreements".

(2)Before section 27A(1) of the Principal Act insert—

"(1AA)A residential rental agreement for a fixed term of not more than 5 years that is in the standard form may include a term agreed by the parties which is additional to the terms contained in the standard form.".

(3)In section 27A(1) of the Principal Act—

(a)for "tenancy agreement" (where first occurring) substitute "residential rental agreement";

(b)omit "tenancy agreement" (where secondly occurring).

(4)In section 27A(2) of the Principal Act—

(a)for "tenancy agreement" (where first occurring) substitute "residential rental agreement";

(b)omit "tenancy agreement" (where secondly and thirdly occurring).

(5)For the penalty at the foot of section 27A(2) of the Principal Act substitute—

"Penalty:25 penalty units.".

15New sections 27B and 27C inserted

After section 27A of the Principal Act insert—

"27B   Prohibited terms—general

(1)A residential rental agreement must not include any of the following terms—

(a)a term that requires the renter to take out any form of insurance;

(b)a term that exempts the residential rental provider from liability for an act of—

(i)the residential rental provider or that person's agent; or

(ii)a person acting on behalf of the residential rental provider or that person's agent;

(c)a term that provides that if the renter contravenes the residential rental agreement, the renter is liable to pay—

(i)all or part of the remaining rent under the residential rental agreement; or

(ii)increased rent; or

(iii)a penalty; or

(iv)liquidated damages;

(d)a term that requires all or part of the rented premises to be professionally cleaned at the end of the tenancy, unless that term is contained in the standard form;

(e)a term that requires the renter to pay the cost of having all or part of the rented premises professionally cleaned at the end of the tenancy, unless that term is contained in the standard form;

(f)a term that provides that, if the renter does not contravene the residential rental agreement—

(i)the rent is reduced; or

(ii)the rent may be reduced; or

(iii)the renter is to be paid a rebate or other benefit; or

(iv)the renter may be paid a rebate or other benefit;

(g)any other prescribed prohibited term.

(2)A term in a written residential rental agreement or any other agreement must not include a term that requires a party to a written residential rental agreement to bear any fees, costs or charges incurred by the other party in connection with the preparation of the residential rental agreement.

Note

Section 27 provides that terms which must not be included in a residential rental agreement are invalid.

27CPrescribed terms—professional cleaning, maintenance and related obligations

(1)A residential rental agreement in the standard form may include—

(a)a prescribed term providing for all or part of the rented premises to be professionally cleaned if, during the term of the residential rental agreement, professional cleaning becomes required to restore the premises to the condition they were in immediately before the start of the tenancy, taking into account fair wear and tear; and

(b)a prescribed term providing for the renter to pay the cost of having all or part of the rented premises professionally cleaned if, during the term of the residential rental agreement, professional cleaning becomes required to restore the premises to the condition they were in immediately before the start of the tenancy, taking into account fair wear and tear.

(2)A residential rental agreement in the standard form may include a prescribed term that sets out safety-related activities to be completed by the residential rental provider and the renter during the term of the agreement.

Note

Section 63A provides for the safety-related duties of a renter.".

16Section 29 amended

(1)Insert the following heading to section 29 of the Principal Act—

"Copy of agreement to be made available to renter".

(2)In section 29(1) of the Principal Act—

(a)for "landlord" (where twice occurring) substitute "residential rental provider";

(b)for "tenant" (wherever occurring) substitute "renter";

(c)in paragraphs (a) and (b), for "tenancy agreement" substitute "residential rental agreement";

(d)for "tenant's" substitute "renter's".

(3)For the penalty at the foot of section 29(1) of the Principal Act substitute—

"Penalty:25 penalty units.".

(4)In section 29(2) of the Principal Act—

(a)for "tenancy agreement" substitute "residential rental agreement";

(b)for "tenant" (where twice occurring) substitute "renter";

(c)for "landlord" (where twice occurring) substitute "residential rental provider".

(5)For the penalty at the foot of section 29(2) of the Principal Act substitute—

"Penalty:25 penalty units.".

17New sections 29A and 29B inserted

After section 29 of the Principal Act insert—

"29A Residential rental agreement signed by the renter but not by the residential rental provider

(1)Without limiting section 26(3), if a renter has signed a residential rental agreement and given it to the residential rental provider or that person's agent and the residential rental provider has not signed it, the residential rental agreement has the same effect as if it were signed by the residential rental provider if the residential rental provider or that person's agent—

(a)accepts rent without reservation; or

(b)otherwise acted in part performance of the residential rental agreement.

(2)A residential rental agreement has effect under subsection (1) from—

(a)the day on which the rent was accepted, if the residential rental provider or that person's agent has accepted rent without reservation; or

(b)if the residential rental provider or that person's agent has otherwise acted in part performance of the residential rental agreement, the day on which the act was performed.

(3)Section 53 of the Property Law Act 1958 does not prevent a residential rental agreement from having effect under this section.

29BApplication to Tribunal to order preparation of residential rental agreement

(1)A renter may apply to the Tribunal for an order requiring a residential rental provider to prepare and enter into a written residential rental agreement.

(2)The Tribunal may make an order requiring a residential rental provider to prepare and enter into a written residential rental agreement if the Tribunal is satisfied that—

(a)the residential rental provider and renter are subject to an existing residential rental agreement that is not in writing or that is only partly in writing; and

(b)the renter is continuing in occupation of the rented premises after a previous fixed term residential rental agreement has ended.

(3)The order may specify—

(a)the terms of the residential rental agreement; and

(b)a commencement date for the residential rental agreement which may be a date that is before the date the order was made.".

18New Division 1A of Part 2 inserted

Before section 30 of the Principal Act insert—

"Division 1A—Discrimination in relation to residential rental agreements

29CResidential rental agreement application forms must include prescribed information

A residential rental provider or that person's agent must not provide a person with an application form to apply to enter into a residential rental agreement unless the application form includes a statement that contains the prescribed information.".

19Section 30 amended

(1)Insert the following heading to section 30 of the Principal Act—

"Renters with children".

(2)In section 30(1) of the Principal Act, for "tenancy agreement" substitute "residential rental agreement".

(3)For the penalty at the foot of section 30(1) of the Principal Act substitute—

"Penalty:25 penalty units.".

(4)In section 30(3) of the Principal Act, for "A person" substitute "Subject to subsection (3A), a person".

(5)After section 30(3) of the Principal Act insert—

"(3A)A person must not apply to the Tribunal under subsection (3) if the person has brought a dispute under Part 8 of the Equal Opportunity Act 2010 in respect of a claim or facts which could form the basis of an application under subsection (3).".

20New section 30A inserted

After section 30 of the Principal Act insert—

"30A Residential rental provider must not unlawfully discriminate against another person by refusing to let rented premises

(1)A residential rental provider must not contravene section 52 of the Equal Opportunity Act 2010 by refusing to let rented premises to a person on the basis of an attribute set out in section 6 of that Act.

(2)A residential rental provider must not instruct or permit that person's agent to refuse to let rented premises to a person on the basis of an attribute set out in section 6 of the Equal Opportunity Act 2010.

Note

Section 210AA provides that a person may apply to the Tribunal for an order for compensation if the person has suffered loss as a result of discrimination by the residential rental provider or that person's agent in contravention of this Division.".

21New Division 1B and Division 1C of Part 2 inserted

Before Division 2 of Part 2 of the Principal Act insert—

"Division 1B—Disclosures and representations prior to entering into residential rental agreements

30BRestriction on use of personal information provided by prospective renters

A residential rental provider or that person's agent must not use personal information disclosed by a person on an application form used to apply to enter into a residential rental agreement unless the use is for—

(a)assessing the person's suitability as a renter; or

(b)any other requirement of this Act.

30CResidential rental provider must not request prescribed information from applicants

A residential rental provider or that person's agent must not request a person who applies to enter into a residential rental agreement to disclose the prescribed information.

30DInformation that residential rental providers must disclose before entering residential rental agreement

Before entering into a residential rental agreement, a residential rental provider must disclose the following information to the renter—

(a)if the residential rental provider has engaged an agent to sell the rented premises or prepared a contract of sale, that there is a proposal to sell the rented premises;

(b)if a mortgagee has commenced a proceeding to enforce a mortgage over the rented premises, that a mortgagee is taking action for possession of the rented premises;

(c)if the residential rental provider is not the owner of the rented premises, that the residential rental provider has a right to let the rented premises;

(d)if the rented premises are supplied with electricity from an embedded electricity network, the prescribed details of the operator of the embedded electricity network;

(e)any other prescribed information in relation to the rented premises.

30EMisleading or deceptive conduct inducing a person to enter a residential rental agreement

(1)This section applies to—

(a)a residential rental provider who is not acting in trade or commerce in entering into a residential rental agreement; and

(b)the agent of a residential rental provider referred to in paragraph (a) who is not acting in trade or commerce.

(2)A residential rental provider or that person's agent must not induce a person to enter into a residential rental agreement by engaging in conduct that is misleading or deceptive, or that is likely to mislead or deceive.

(3)A residential rental provider or that person's agent must not induce a person to enter into a residential rental agreement by making a false or misleading representation concerning any of the following—

(a)the residential rental provider's interest in the land;

(b)the rent payable under the agreement;

(c)the location of the premises to be let under the agreement;

(d)the characteristics of the premises to be let under the agreement;

(e)the use to which the premises to be let under the agreement are capable of being put or may lawfully be put;

(f)the existence or availability of facilities associated with the premises to let under the agreement.

Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.

(4)This section does not limit the operation of the Australian Consumer Law (Victoria).

Division 1C—Rental auctions prohibited

30FRented premises must be offered for rent at a fixed amount

(1)Subject to subsection (2), a residential rental provider or that person's agent must not advertise or otherwise offer premises unless the rent under the residential rental agreement is advertised or offered as a fixed amount.

Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.

(2)A person does not commit an offence against subsection (1) if the person places a sign at or near premises for rent—

(a)that advertises or offers premises for rent; and

(b)that does not state an amount of rent for premises.

(3)A residential rental provider or that person's agent must not solicit or otherwise invite an offer of an amount of rent that is higher than the advertised amount of rent for the rented premises.

Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.

30GResidential rental provider or that person's agent must not engage in false or misleading advertising of rent for rental premises

(1)This section applies to—

(a)a residential rental provider who is not acting in trade or commerce in entering into a residential rental agreement; and

(b)the agent of a residential rental provider referred to in paragraph (a) who is not acting in trade or commerce.

(2)A residential rental provider or that person's agent who promotes or advertises rented premises must not make a false or misleading representation in relation to the rent for the premises.

Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.

(3)This section does not limit the operation of the Australian Consumer Law (Victoria).".

22What is the maximum bond?

(1)In section 31(1) of the Principal Act, for "tenancy agreement" (where twice occurring) substitute "residential rental agreement".

(2)For the penalty at the foot of section 31(1) substitute—

"Penalty:60 penalty units.".

(3)Section 31(2) of the Principal Act is repealed.

(4)For section 31(3) of the Principal Act substitute—

"(3)Subsection (1) does not apply to a residential rental agreement if the weekly amount of rent payable under the agreement exceeds the prescribed amount.".

23Not more than 1 bond is payable in respect of continuous occupation

(1)In section 34(1) of the Principal Act—

(a)for "tenancy agreement" (wherever occurring) substitute "residential rental agreement";

(b)for "tenant" (where twice occurring) substitute "renter".

(2)For the penalty at the foot of section 34(1) of the Principal Act substitute—

"Penalty:60 penalty units.".

(3)For section 34(2) of the Principal Act substitute—

"(2)An additional bond may be paid in the prescribed manner.

(3)This section does not apply to—

(a)a residential rental agreement for a fixed term of more than 5 years in the form referred to in section 26(1A)(b); or

(b)an additional bond payable in respect of a renter's obligation to restore any modification the renter has made to the rented premises under section 64.".

24Condition report

(1)For section 35(1) of the Principal Act substitute—

"(1)Before a renter enters into occupation of rented premises, a residential rental provider must give the renter 2 copies of a condition report signed by or on behalf of the residential rental provider specifying the state of repair and general condition of the premises on the day specified in the report.

Penalty:25 penalty units.

(1A)For the purposes of subsection (1), a residential rental provider is deemed to give 2 copies of a condition report to the renter if the residential rental provider gives the renter an electronic copy of the condition report.

(1B)A condition report must be in the prescribed form.

Note

Section 506(1)(da) provides that a document to be served on or given to a person under this Act may be served or given by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.".

(2)In section 35(2) of the Principal Act—

(a)for "3" substitute "5";

(b)for "tenant" (wherever occurring) substitute "renter";

(c)for "landlord" substitute "residential rental provider".

(3)After section 35(2) of the Principal Act insert—

"(3)A renter who is not given a condition report within the period referred to in subsection (1) may complete a condition report and give it to the residential rental provider, or that person's agent, during the period between inspecting the rented premises and 5 business days after entering into occupation of the rented premises.

(4)A copy of the condition report that is completed under subsection (1) or (3) is to be retained by the residential rental provider and the renter.

(5)Within 10 days after the end of a residential rental agreement, the residential rental provider, or that person's agent, must complete the copy of the condition report retained by the residential rental provider or the renter under this section—

(a)in the presence of the other party; or

(b)in the absence of the other party, if the party has given the absent other party a reasonable opportunity to be present when the condition report is completed.".

25New section 35A inserted

After section 35 of the Principal Act insert—

"35A Residential rental provider or renter may apply to Tribunal to amend inaccurate or incomplete condition report

(1)Within 30 days after a residential rental agreement has commenced, the residential rental provider or renter may apply to the Tribunal to amend a statement in a condition report on the basis that the statement is inaccurate or incomplete.

(2)On an application under subsection (1), the Tribunal may order—

(a)that the condition report is to be amended in the manner specified in the order; or

(b)that the condition report is not required to be amended.

(3)This section does not limit the operation of sections 18, 29, 30, 151 and 152 of the Australian Consumer Law (Victoria).".

26Condition report is evidence of state of repair

(1)In section 36(1) of the Principal Act—

(a)for "landlord" substitute "residential rental provider";

(b)for "tenant" substitute "renter".

(2)After section 36(1) of the Principal Act insert—

"(1A)A condition report that is given to a residential rental provider is taken to be notice given to the residential rental provider of any defects or outstanding repairs stated in the report.".

(3)For section 36(2)(b) of the Principal Act substitute—

"(b)any statement in the report about which the renter records a written comment disagreeing with that statement on the copy of the report completed by the renter; or

(c)a statement that the residential rental provider has disagreed with in writing on the condition report, if the report was completed by the renter before it was completed by the residential rental provider.".

27Certain guarantees prohibited

(1)In section 37(1) of the Principal Act—

(a)for "tenant" (where twice occurring) substitute "renter";

(b)for "tenant's" substitute "renter's";

(c)for "tenancy agreement" (where twice occurring) substitute "residential rental agreement".

(2)For the penalty at the foot of section 37(1) of the Principal Act substitute—

"Penalty:60 penalty units.".

(3)In section 37(2) of the Principal Act—

(a)for "tenancy agreement" substitute "residential rental agreement";

(b)for "31(2) or (3)" substitute "31(3)".

28Maximum amount of certain guarantees

(1)In section 38(1) of the Principal Act—

(a)for "tenant" substitute "renter";

(b)for "tenancy agreement" (where twice occurring) substitute "residential rental agreement".

(2)In section 38(2) of the Principal Act—

(a)for "tenancy agreement" substitute "residential rental agreement";

(b)for "31(2) or (3)" substitute "31(3)".

29Accrual of rent

In section 39 of the Principal Act—

(a)for "tenancy agreement" substitute "residential rental agreement";

(b)for "accordingly" substitute "on that basis".

30Limit on rent in advance

(1)In section 40(1) of the Principal Act—

(a)for "landlord" substitute "residential rental provider";

(b)for "tenant" substitute "renter";

(c)for "tenancy agreement" substitute "residential rental agreement".

(2)For the penalty at the foot of section 40(1) of the Principal Act substitute—

"Penalty:60 penalty units.".

(3)For section 40(2) of the Principal Act substitute—

"(2)Subsection (1) does not apply if the amount of rent payable for each week under the residential rental agreement exceeds the amount of rent prescribed for the purposes of section 31.".

31Section 41 amended

(1)Insert the following heading to section 41 of the Principal Act—

"Rent in advance under weekly residential rental agreement".

(2)In section 41 of the Principal Act—

(a)for "landlord" substitute "residential rental provider";

(b)for "tenant" substitute "renter";

(c)for "tenancy agreement" substitute "residential rental agreement".

(3)For the penalty at the foot of section 41 of the Principal Act substitute—

"Penalty:60 penalty units.".

32Where and how is rent to be paid?

(1)In section 42(1) of the Principal Act, for "tenancy agreement" substitute "residential rental agreement".

(2)In section 42(2) of the Principal Act—

(a)for "The rent" substitute "Subject to this section, the rent";

(b)for "tenancy agreement" substitute "residential rental agreement".

(3)After section 42(2) of the Principal Act insert—

"(3)A residential rental provider or that person's agent must not require a renter to pay rent by a cheque or other negotiable instrument that is post-dated.

Penalty:60 penalty units.

(4)A residential rental provider or that person's agent must ensure that a rent payment method that incurs no additional costs (other than bank fees or account fees payable on the renter's bank account) is reasonably available to the renter.

Penalty:60 penalty units.

(5)Without limiting how rent is paid, a residential rental provider or that person's agent must permit the renter to pay the rent by the following payment methods—

(a)the bill paying service known as Centrepay administered by the Department of Human Services of the Commonwealth;

(b) any prescribed payment method.

(6)Without limiting subsection (5), the residential rental provider and the renter, by agreement, may change the manner in which rent is payable under the residential rental agreement.

(7)The residential rental provider or that person's agent must give the renter information about any costs (including third party transaction fees, direct debit dishonour fees and any other electronic payment facility fees) that the renter may incur by using a particular payment method before the renter consents to use the payment method.".

33Receipts for rent

(1)In section 43(1) of the Principal Act, for "tenant" substitute "renter".

(2)For the penalty at the foot of section 43(1) of the Principal Act substitute—

"Penalty:25 penalty units.".

(3)In section 43(2) of the Principal Act, for "tenant" (wherever occurring) substitute "renter".

(4)For the penalty at the foot of section 43(2) of the Principal Act substitute—

"Penalty:25 penalty units.".

(5)In section 43(2A) of the Principal Act, for "tenant" (where twice occurring) substitute "renter".

(6)For the penalty at the foot of section 43(2A) of the Principal Act substitute—

"Penalty:25 penalty units.".

(7)In section 43(3)(a) of the Principal Act, for "tenant" substitute "renter".

34Section 44 amended

(1)Insert the following heading to section 44 of the Principal Act—

"Rent increases".

(2)In section 44(1) of the Principal Act—

(a)for "landlord" substitute "residential rental provider";

(b)for "tenant" substitute "renter".

(3)For section 44(3) of the Principal Act substitute—

"(3)The notice of a proposed rent increase must include—

(a)the amount of the rent increase; and

(b)the method by which the rent increase was calculated; and

(c)a statement informing the renter of the renter's right under section 45 to apply within 30 days after the notice is given to the Director to investigate and report on the proposed rent.".

(4)For section 44(4) of the Principal Act substitute—

"(4)A residential rental provider under a fixed term residential rental agreement must not increase the rent before the term ends unless the agreement—

(a)provides for a rent increase within the fixed term of a specified amount and the increase is not more than that amount; or

(b)specifies the method by which a rent increase within the fixed term is to be calculated and the increase is not more than an amount calculated using the specified method.".

(5)In section 44(4A) of the Principal Act—

(a)for "landlord" substitute "residential rental provider";

(b)for "tenancy agreement" substitute "residential rental agreement";

(c)for "6 months" substitute "12 months".

35Section 49 amended

(1)Insert the following heading to section 49 of the Principal Act—

"Renter's goods not to be taken for rent".

(2)In section 49 of the Principal Act—

(a)for "tenant's" substitute "renter's";

(b)for "tenant" substitute "renter".

(3)For the penalty at the foot of section 49 of the Principal Act substitute—

"Penalty:60 penalty units.".

36Application and holding deposits

(1)In section 50 of the Principal Act—

(a)for "tenancy agreement" substitute "residential rental agreement";

(b)for "tenant" (where twice occurring) substitute "renter".

(2)For the penalty at the foot of section 50 of the Principal Act substitute—

"Penalty:60 penalty units.".

37Certain charges prohibited

(1)In section 51(1) of the Principal Act—

(a)for "tenant" substitute "renter";

(b)for "tenancy agreement" substitute "residential rental agreement".

(2)For the penalty at the foot of section 51(1) of the Principal Act substitute—

"Penalty:60 penalty units.".

(3)In section 51(2) of the Principal Act—

(a)for "tenant" (where twice occurring) substitute "renter";

(b)for "tenancy agreement" substitute "residential rental agreement".

(4)For the penalty at the foot of section 51(2) of the Principal Act substitute—

"Penalty:60 penalty units.".

(5)In section 51(3) of the Principal Act—

(a)for "tenant" substitute "renter";

(b)in paragraphs (a) and (b), for "tenancy agreement" substitute "residential rental agreement";

(c)in paragraph (b), after "facilities" insert "or any other electronic payment facility".

(6)For the penalty at the foot of section 51(3) of the Principal Act substitute—

"Penalty:60 penalty units.".

38Section 52 substituted

For section 52 of the Principal Act substitute—

"52 Renter's liability for various utility charges

A renter is liable for—

(a)all charges for the supply or use of electricity, gas or oil in respect of the renter's occupation of rented premises that are separately metered, except for the installation costs and charges for the initial connection of the service to the rented premises; and

(b)all charges for the use of any gas bottles (including supply or hire of the bottles) in respect of the renter's occupation of the rented premises; and

(c)in respect of rented premises that are separately metered—

(i)the cost of all water supplied to the premises during the renter's occupancy if the cost is based solely on the amount of water supplied; and

(ii)that part of the charge that is based on the amount of water supplied to the premises during the renter's occupation if the cost of water supplied is only partly based on the amount of water supplied to the premises; and

(iii)all sewage disposal charges imposed during the renter's occupation of the rented premises by a water corporation under the Water Act 1989.".

39Section 53 amended

(1)Insert the following heading to section 53 of the Principal Act—

"Residential rental provider's liability for various utility charges".

(2)In section 53(1) of the Principal Act—

(a)for "landlord" substitute "residential rental provider";

(b)after paragraph (a) insert—

"(ab)all rates, taxes or charges payable under any Act other than charges payable by the renter under this Division;";

(c)in paragraph (b), for "tenant" substitute "renter";

(d)for paragraph (d) substitute—

"(d)water charges in respect of rented premises which are not separately metered, including—

(i)all sewage disposal charges imposed by a water corporation under the Water Act 1989; and

(ii)all costs and charges related to a water supply service; and

(iii)water supplied to the rented premises;";

(e)paragraph (e) is repealed;

(f)in paragraph (g), for "premises." substitute "premises;";

(g)after paragraph (g) insert—

"(h)any other prescribed charges.".

(3)In section 53(2) of the Principal Act—

(a)for "landlord" substitute "residential rental provider";

(b)for "tenant" substitute "renter".

(4)In section 53(3) of the Principal Act, for "landlord" substitute "residential rental provider".

40New sections 53A and 53B inserted

After section 53 of the Principal Act insert—

"53A Residential rental provider's liability for excessive usage caused by faults

(1)Subject to subsection (2), if a renter has been charged for excessive usage of a service at the rented premises caused by a fault in infrastructure or any fixtures or buildings at or connected to the premises, the residential rental provider is liable for that part of the excessive charge that is additional to an amount of ordinary usage by the renter.

Example

Excessive usage charges caused by a leak in the underground pipe of a water service connected to rented premises.

(2)A residential rental provider is not liable for excessive usage charges under subsection (1) unless—

(a)the renter notified the residential rental provider, as soon as practicable, of—

(i)the excessive usage charges; and

(ii)the fault that caused the excessive usage; and

(b)the fault was not caused by any action or omission of the renter.

(3)A residential rental provider must reimburse a renter for any reasonable costs incurred by the renter for diagnosis of a fault referred to in subsection (1) conducted by a suitably qualified person.

(4)A residential rental provider is not responsible for any excess usage charges or other costs for a fault caused by any property that is the responsibility of a service provider.

53BApplication to Tribunal about excessive usage charges

(1)A residential rental provider or a renter may apply to the Tribunal to determine the liability of the residential rental provider and the renter for excessive usage charges referred to in section 53A.

(2)In making a determination under subsection (1), the Tribunal is to have regard to the following—

(a)whether the renter had knowledge of the fault;

(b)whether the renter took reasonable steps to notify the residential rental provider, or that person's agent, of the fault;

(c)whether the renter has been compensated by another person for any part of the excessive usage charges;

(d)whether the residential rental provider has complied with this Act in respect of any urgent repairs;

(e)any diagnosis made by a water authority or other suitably qualified person in respect of the fault;

(f)any maintenance and repairs conducted by the residential rental provider;

(g)any other matter the Tribunal considers appropriate.".

41Section 54 amended

(1)Insert the following heading to section 54 of the Principal Act—

"Residential rental provider's liability for charges for supply to non-complying appliances".

(ii)for "tenant's" substitute "renter's".

(3)In section 91(1) of the Principal Act—

(a)for "landlord or the landlord's agent" substitute "residential rental provider or that person's agent";

(b)for "tenant" substitute "renter";

(c)for "landlord and the landlord's agent" substitute "residential rental provider and that person's agent".

(4)In section 91(2)(a) of the Principal Act, for "landlord and the landlord's agent" substitute "residential rental provider and that person's agent".

352Consequential amendments of Division 1 of Part 3

(1)In section 92(3)(a) of the Principal Act, for "owner" substitute "operator".

(2)In the example at the foot of section 92A of the Principal Act, for "owner" substitute "operator".

(3)In section 92B of the Principal Act, for "owner" substitute "operator".

353Consequential amendments of Division 1A of Part 3

(1)In section 94C(1) of the Principal Act, for "owner" (where three times occurring) substitute "operator".

(2)In section 94C(2) and (3) of the Principal Act, for "owner" substitute "operator".

(3)In section 94D(3) of the Principal Act, for "owner" substitute "operator".

354Consequential amendments of Division 2 of Part 3

In section 95 of the Principal Act, for "owner" substitute "operator".

355Consequential amendments of Division 3 of Part 3

(1)In section 102(3)(b) of the Principal Act, for "owner" substitute "operator".

(2)In section 102A(2) of the Principal Act, for "owner" substitute "operator".

(3)In section 104(4) of the Principal Act, for "owner" substitute "operator".

(4)In section 105(1A), (2) and (2A) of the Principal Act, for "owner" substitute "operator".

(5)In section 106(1) of the Principal Act, for "owner" (where twice occurring) substitute "operator".

(6)In section 106(2) of the Principal Act—

(a)in paragraph (a), for "owner" substitute "operator";

(b)in paragraph (b), for "owner" (where twice occurring) substitute "operator".

(7)In section 106A of the Principal Act, for "owner" substitute "operator".

356Consequential amendments of Division 4 of Part 3

In section 109 of the Principal Act, for "owner" (where three times occurring) substitute "operator".

357Consequential amendments of Division 5 of Part 3

(1)In the heading to Division 5 of Part 3 of the Principal Act, for "owners" substitute "operators".

(2)In section 112(1) and (2) of the Principal Act, for "owner" substitute "operator".

(3)In section 117 of the Principal Act, for "owner's" substitute "operator's".

(4)Insert the following heading to section 118 of the Principal Act—

"Resident must give key to rooming house operator".

(5)In section 118 of the Principal Act, for "owner" substitute "operator".

(6)Insert the following heading to section 120 of the Principal Act—

"Rooming house operator must keep room and house in good repair".

(7)In section 120(1) of the Principal Act, for "owner" (where twice occurring) substitute "operator".

(8)In section 120(2) of the Principal Act, for "owner" (where twice occurring) substitute "operator".

(9)In the heading to section 120A of the Principal Act, for "owner" substitute "operator".

(10)In section 120A(1), (2) and (3) of the Principal Act, for "owner" substitute "operator".

(11)Insert the following heading to section 121 of the Principal Act—

"Rooming house operator must provide access".

(12)In section 121 of the Principal Act, for "owner" substitute "operator".

(13)Insert the following heading to section 122 of the Principal Act—

"Quiet enjoyment—rooming house operator's duty".

(14)In section 122(1), (2) and (3) of the Principal Act, for "owner" substitute "operator".

(15)In section 123 of the Principal Act, for "owner" substitute "operator".

(16)In section 126 of the Principal Act, for "owner" substitute "operator".

358Consequential amendments of Division 6 of Part 3

In section 131A(1), (2)(a) and (2)(b) of the Principal Act, for "owner" substitute "operator".

359Consequential amendments of Division 7 of Part 3

(1)In section 137 of the Principal Act—

(a)in paragraphs (c) and (d), for "owner" substitute "operator";

(b)in paragraph (d), for "owner's" substitute "operator's".

(2)In section 139(b) of the Principal Act—

(a)for "owner" substitute "operator";

(b)for "owner's" substitute "operator's".

(3)In section 142(1) of the Principal Act—

(a)for "owner" (where twice occurring) substitute "operator";

(b)for "owner's" (where twice occurring) substitute "operator's".

(4)In section 142(2)(a) of the Principal Act—

(a)for "owner" substitute "operator";

(b)for "owner's" substitute "operator's".

360Consequential amendments of Part 5

(1)In section 210A of the Principal Act, for "owner" substitute "operator".

(2)In section 211 of the Principal Act—

(a)in paragraphs (a) and (b), for "tenancy agreement" substitute "residential rental agreement";

(b)in paragraph (bb), for "owner" substitute "operator".

(3)In section 213A(1) of the Principal Act—

(a)for "a tenant" substitute "a renter";

(b)for "the tenant" substitute "the renter".

(4)In section 213A(2)(a) and (b) of the Principal Act, for "rooming house owner" substitute "rooming house operator".

(5)In section 213A(2) of the Principal Act—

(a)in paragraph (a), for "landlord" substitute "residential rental provider";

(b)in paragraph (b)—

(i)for "tenancy agreement" substitute "residential rental agreement";

(ii)for "landlord" substitute "residential rental provider".

(6)In section 213B(1) of the Principal Act—

(a)for "tenant" (wherever occurring) substitute "renter";

(b)for "landlord" (where twice occurring) substitute "residential rental provider".

(7)In section 215 of the Principal Act, for "tenancy agreement" (where twice occurring) substitute "residential rental agreement".

361Consequential amendments of Part 7

(1)Insert the following heading to section 323 of the Principal Act—

"Application for possession order by rooming house operator".

(2)In section 323 of the Principal Act, for "owner" (where three times occurring) substitute "operator".

(3)In section 334(1) of the Principal Act—

(a)for "tenancy agreement" substitute "residential rental agreement";

(b)for "landlord" substitute "residential rental provider".

(4)In section 344(1) of the Principal Act—

(a)in paragraphs (a) and (b), for "tenancy agreement" substitute "residential rental agreement";

(b)in paragraph (b), for "tenant" substitute "renter".

362Consequential amendments of Part 8

(1)In section 367 of the Principal Act—

(a)in the definition of manager, for "rooming house owner" substitute "rooming house operator";

(b)in paragraph (a) of the definition of resident, for "tenant" substitute "renter".

(2)In section 370(1) of the Principal Act, for "tenancy agreement" substitute "residential rental agreement".

(3)In section 370(2)(a) of the Principal Act, for "tenancy agreement" (where twice occurring) substitute "residential rental agreement".

(4)In section 374(1) of the Principal Act—

(a)for "tenancy agreement" (where twice occurring) substitute "residential rental agreement";

(b)for "landlord, rooming house owner" substitute "residential rental provider, rooming house operator".

(5)In section 374(2) of the Principal Act, for "tenancy agreement" substitute "residential rental agreement".

(6)In section 377A of the Principal Act—

(a)in paragraph (a), for "landlord" substitute "residential rental provider";

(b)in paragraph (b), for "owner" substitute "operator".

363Consequential amendments of Part 9

(1)In the heading to Part 9 of the Principal Act, for "by tenants" substitute "by renters".

(2)In section 378(a) of the Principal Act, for "tenancy agreement" substitute "residential rental agreement".

(3)In section 400(2) of the Principal Act, for "tenancy agreement" substitute "residential rental agreement".

364Consequential amendments of Part 10

(1)In section 408 of the Principal Act—

(a)for "landlord" substitute "residential rental provider";

(b)for "tenant" (where twice occurring) substitute "renter".

(2)In section 411C of the Principal Act—

(a)for "tenant" substitute "renter";

(b)for "tenancy agreement" substitute "residential rental agreement".

(3)In section 413 of the Principal Act—

(a)for "landlord" substitute "residential rental provider";

(b)for "tenancy agreement" substitute "residential rental agreement".

(4)In section 421(1) of the Principal Act, for "tenant" substitute "renter".

(5)In section 421(3) of the Principal Act, for "tenant" (wherever occurring) substitute "renter".

365Consequential amendments of Part 10A

(1)In section 439A of the Principal Act insert the following definitions—

"renter includes—

(a)resident; and

(b)site tenant; and

(c)former renter, former resident or former site tenant;

residential rental agreement includes residency right and site agreement;

residential rental provider includes—

(a)rooming house operator;

(b)caravan park owner;

(c)caravan owner;

(d)site owner;

(e)agent of a residential rental provider or a person referred to in paragraphs (a) to (d).".

(2)In section 439A of the Principal Act the definitions of landlord, tenancy agreement and tenant are repealed.

(3)In section 439A of the Principal Act, in paragraphs (a) and (b) of the definition of inaccurate, for "landlord" substitute "residential rental provider".

(4)In section 439A of the Principal Act, in paragraph (a) of the definition of out of date, for "landlord" (where twice occurring) substitute "residential rental provider".

(5)In section 439A of the Principal Act, in the definition of residential tenancy database—

(a)in paragraphs (a)(i) and (ii) and (b), for "tenancy agreement" substitute "residential rental agreement";

(b)in paragraph (b)—

(i)for "landlords" substitute "residential rental providers";

(ii)for "person;" substitute "person.".

366Consequential amendments of Part 11

(1)In section 446(a) of the Principal Act, for "tenancy agreement" (where twice occurring) substitute "residential rental agreement".

(2)Insert the following heading to section 473 of the Principal Act—

"Powers of Tribunal where 2 or more residential rental agreements affect same premises".

(3)In section 473(1) of the Principal Act—

(a)for "tenancy agreements" substitute "residential rental agreements";

(b)for "landlord" (where twice occurring) substitute "residential rental provider";

(c)for "tenant" (where first occurring) substitute "renter";

(d)in paragraph (a)—

(i)for "tenant" substitute "renter";

(ii)for "tenancy agreement" substitute "residential rental agreement";

(e)in paragraph (b), for "tenant" substitute "renter".

(4)In section 473(2) of the Principal Act, for "tenancy agreements" substitute "residential rental agreements".

367Consequential amendment of Part 13

In section 510(1)(a) of the Principal Act, for "tenancy agreement" substitute "residential rental agreement".

Division 2—Transitional provisions

368New Division 5 of Schedule 1 inserted

After Division 4 of Schedule 1 to the Principal Act insert—

"Division 5—Residential Tenancies Amendment Act 2018

15Definitions

In this Division—

fixed term tenancy agreement has the same meaning as the definition of fixed term tenancy agreement had in section 3(1) immediately before its repeal by the Residential Tenancies Amendment Act 2018;

periodic tenancy agreement has the same meaning as the definition of periodic tenancy agreement had in section 3(1) immediately before its repeal by the Residential Tenancies Amendment Act 2018;

tenancy agreement has the same meaning as the definition of tenancy agreement had in section 3(1) immediately before its repeal by the Residential Tenancies Amendment Act 2018;

tenant has the same meaning as the definition of tenant had in section 3(1) immediately before its repeal by the Residential Tenancies Amendment Act 2018.

16Fixed term tenancy agreements

(1)The amendments made to sections 17, 19, 26, 26A, 27, 27A, 30, 36, 37, 38, 39, 40, 41, 42, 43, 44, 49, 50, 66 by the Residential Tenancies Amendment Act 2018 do not apply to—

(a)a fixed term tenancy agreement entered into before the commencement of the applicable amendment until that agreement is terminated; and

(b)a periodic tenancy agreement that commenced before the commencement of the applicable amendment until that agreement is terminated.

(2)Sections 17, 19, 26, 26A, 27, 27A, 30, 36, 37, 38, 39, 40, 41, 42, 43, 44, 49, 50 and 66 as in force immediately before the applicable amendment by the Residential Tenancies Amendment Act 2018 continue to apply to—

(a)a fixed term tenancy agreement entered into before the commencement of that amendment until the end of that agreement; and

(b)a periodic tenancy agreement that commenced before the commencement of that amendment until the end of that agreement.

(3)Sections 3A, 27B, 27C, Divisions 1A, 1B and 1C of Part 2 and sections 35A and 65A, as inserted by the Residential Tenancies Amendment Act 2018, do not apply to a fixed term tenancy agreement or a periodic tenancy agreement referred to in subclause (1).

17Pets

Despite clause 16, Division 5B of Part 2 does not apply to a tenancy agreement in existence before the commencement of that Division, unless the renter who was the tenant, on or after that commencement, introduces or wishes to keep a pet at the rented premises.

18Residential rental agreements

Without limiting section 3B—

(a)a reference in a tenancy agreement to a landlord is taken to be a reference to a residential rental provider, unless the context requires otherwise; and

(b)a reference in a tenancy agreement to a tenant is taken to be a reference to a renter, unless the context requires otherwise; and

(c)a reference in a tenancy agreement to a tenancy agreement is taken to be a reference to a residential rental agreement, unless the context requires otherwise.

19Rooming house operators

On and from the commencement of the definition of rooming house operator in section 3(1), as inserted by the Residential Tenancies Amendment Act 2018, unless the context requires otherwise, a reference to a rooming house owner in any agreement under section 94 or in relation to a residency right under Part 3 is taken to be a reference to a rooming house operator.

20Regulations dealing with transitional matters

(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Residential Tenancies Amendment Act 2018, including the repeals and amendments made by that Act.

(2)Regulations made under this clause may—

(a)have a retrospective effect to a day on or from the day on which the Residential Tenancies Amendment Act 2018 received the Royal Assent; and

(b)be of limited or general application; and

(c)leave any matter or thing to be decided by a specified person or class of person; and

(d)provide for the exemption of persons or things or a class of persons or things from any of the regulations made under this clause.

(3)Regulations under this clause have effect despite anything to the contrary—

(a)in any Act (other than the Residential Tenancies Amendment Act 2018 or the Charter of Human Rights and Responsibilities Act 2006); or

(b)in any subordinate instrument.

(4)This clause is repealed on the second anniversary of the day on which it comes into operation.".

Division 3—Consequential amendments to other Acts

369Australian Consumer Law and Fair Trading Act 2012

In the note at the foot of section 115(3) of the Australian Consumer Law and Fair Trading Act 2012, for "sections 209 and 399A" substitute "section 209".

370Estate Agents Act 1980

In section 59(8)(a) of the Estate Agents Act 1980, for "tenant" substitute "renter".

371Family Violence Protection Act 2008

For the note at the foot of section 82 of the Family Violence Protection Act 2008 substitute—

"Note

See the Residential Tenancies Act 1997, which provides that a protected person may apply under that Act for an existing residential rental agreement to be terminated and a new agreement entered into.".

372Fences Act 1968

In section 10(4)(a) of the Fences Act 1968, for "tenant under a tenancy agreement" substitute "renter under a residential rental agreement".

373Fines Reform Act 2014

In the note at the foot of section 104(1) of the Fines Reform Act 2014, for "tenant" substitute "renter".

374Gambling Regulation Act 2003

In section 2.5.25(5) of the Gambling Regulation Act 2003, for "tenancy agreement" substitute "residential rental agreement".

375Housing Act 1983

(1)In section 18(3) of the Housing Act 1983, for "260" substitute "91ZZC".

(2)In section 109(2)(a) of the Housing Act 1983, for "tenancy agreement" substitute "residential rental agreement".

376Owners Corporations Act 2006

For section 51(2) of the Owners Corporations Act 2006 substitute—

"(2)Despite subsection (1), if the lot is occupied under a residential rental agreement within the meaning of the Residential Tenancies Act 1997, the owners corporation must give the same notice to the occupier as that required to be given by a residential rental provider under section 85 of that Act.".

377Rooming House Operators Act 2016

(1)In section 3(1) of the Rooming House Operators Act 2016, in the definition of notice to vacate, for "under Part 6" substitute "within the meaning".

(2)In section 29(1)(a) and (2)(a) of the Rooming House Operators Act 2016, for "section 268B or section 290B" substitute "section 91ZZM or section 142ZR".

(3)In section 29(3) of the Rooming House Operators Act 2016, for "section 243, 244, 245, 246, 248, 249, 250, 251, 253, 278, 279, 280, 281, 282, 283 or 284" substitute "section 91ZI, 91ZJ, 91ZK, 91ZL, 91ZM, 91ZO, 91ZP, 91ZQ, 91ZT, 91ZV, 142ZB, 142ZC, 142ZD, 142ZE, 142ZF, 142ZG, 142ZH or 142ZI".

(4)In the note at the foot of section 29 of the Rooming House Operators Act 2016—

(a)for "section 268B" substitute "section 91ZZM";

(b)for "section 219(2)" substitute "section 91E(2)".

(5)In section 30(1) of the Rooming House Operators Act 2016—

(a)for "section 289A(2)" substitute "section 142ZO(2)";

(b)for "section 289A(3)" substitute "section 142ZO(4)";

(c)for "section 289A(1)" substitute "section 142ZO(1)".

(6)In section 30(2) of the Rooming House Operators Act 2016—

(a)for "section 289A(2A)" substitute "section 142ZO(3)";

(b)for "section 289A(1)" substitute "section 142ZO(1)".

(7)In section 30(3) of the Rooming House Operators Act 2016—

(a)for "section 289A(2A)" substitute "section 142ZO(3)";

(b)for "section 289A(3)" substitute "section 142ZO(4)".

(8)In section 34(3)(c)(ii) of the Rooming House Operators Act 2016, for "section 268A or section 290A" substitute "section 91ZZL or section 142ZQ".

(9)In the note at the foot of section 34 of the Rooming House Operators Act 2016—

(a)for "section 268A" substitute "section 91ZZL";

(b)for "section 219(2)" substitute "section 91E(2)".

(10)In the heading to section 38 of the Rooming House Operators Act 2016, for "Tenancy" substitute "Residential rental".

(11)In section 38(1) of the Rooming House Operators Act 2016, for "tenancy agreement" substitute "residential rental agreement".

(12)In the note at the foot of section 38(1) of the Rooming House Operators Act 2016, for "Subdivision 1 of Division 1 of Part 6" substitute "Subdivision 1 of Division 9 of

Part 2".

(13)In the note at the foot of section 38(2) of the Rooming House Operators Act 2016, for "Subdivision 1 of Division 2 of Part 6" substitute "Subdivision 1 of Division 10 of Part 3".

378Victorian Civil and Administrative Tribunal Act 1998

(1)For clause 67AA(b) of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 substitute—

"(b)clauses 71, 72, 73, 73A, 73B, 74 and 75;".

(2)For clause 67A(1) of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 substitute—

"(1)The following parties to a proceeding under the Residential Tenancies Act 1997 may be accompanied at a hearing by a person (support person) for the purposes of that person providing support to the party—

(a)a party who is a protected person;

(b)a party who is a respondent under a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order.".

(3)For clause 67A(3) of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 substitute—

"(3)In this clause—

family violence intervention order has the same meaning as in the Family Violence Protection Act 2008;

family violence safety notice has the same meaning as in the Family Violence Protection Act 2008;

personal safety intervention order has the same meaning as in the Personal Safety Intervention Orders Act 2010;

protected person has the same meaning as in the Residential Tenancies Act 1997;

recognised non-local DVO has the same meaning as in the Residential Tenancies Act 1997.".

(4)For clause 68 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 substitute—

"68 Notification of commencement in circumstances of family violence

(1)The principal registrar must undertake service of a copy of an application on an applicant's behalf under section 72 if—

(a)the applicant is a protected person; and

(b)the applicant has made an application under section 91V, 142S, 206AG or 207M of the Residential Tenancies Act 1997; and

(c)the applicant is required under section 72(1) to serve a copy of the application on a person who is a respondent under a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order under which the applicant is a protected person; and

(d)the applicant requests the principal registrar to undertake service on the respondent on behalf of the protected person; and

(e)the applicant gives the principal registrar the last known residential or business address of the respondent.

(2)In this clause—

family violence intervention order has the same meaning as in the Family Violence Protection Act 2008;

family violence safety notice has the same meaning as in the Family Violence Protection Act 2008;

personal safety intervention order has the same meaning as in the Personal Safety Intervention Orders Act 2010;

protected person has the same meaning as in the Residential Tenancies Act 1997;

recognised non-local DVO has the same meaning as in the Residential Tenancies Act 1997.".

(5)After clause 72 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 insert—

"72A   Notification of certain orders and application withdrawals for bonds

The principal registrar must give written notice to the Residential Tenancies Bond Authority established under section 429 of the Residential Tenancies Act 1997 of—

(a)an order by the Tribunal under section 420B of that Act; or

(b)the withdrawal of any application made under section 419A of that Act.".

(6)For clause 73A of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 substitute—

"73A   Evidence

(1)Despite section 102(1)(b), in a proceeding under the Residential Tenancies Act 1997, unless the Tribunal gives leave—

(a)a person subjected to family violence must not be personally cross-examined by the person who subjected that person to the family violence; and

(b)a protected person under a personal safety intervention order must not be personally cross-examined by the person against whom the personal safety intervention order was made.

(2)For the purposes of subclause (1), a reference to a person subjected to family violence includes a protected person under a family violence safety notice, family violence intervention order or recognised non-local DVO.

(3)In this clause—

family violence intervention order has the same meaning as in the Family Violence Protection Act 2008;

family violence safety notice has the same meaning as in the Family Violence Protection Act 2008;

personal safety intervention order has the same meaning as in the Personal Safety Intervention Orders Act 2010;

recognised non-local DVO has the same meaning as in the Residential Tenancies Act 1997.".

(7)In the heading to clause 77 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998, for "landlords" substitute "residential rental providers".

(8)In clause 77 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998—

(a)for "landlord" substitute "residential rental provider";

(b)in paragraphs (a), (b) and (c), for "landlord's" substitute "residential rental provider's".

379Water Act 1989

In section 273A(1)(a)(i) of the Water Act 1989, for "a tenant under a tenancy agreement" substitute "a renter under a residential rental agreement".

Part 19—Consequential amendments relating to Specialist Disability Accommodation

Division 1—Amendment of Part 12A

380When does Part not apply to occupation of SDA enrolled dwelling

In section 498C(1) and (2) of the Principal Act, for "tenancy" (wherever occurring) substitute "residential rental".

381Information statement required to be given to SDA resident

(1)In section 498D(1)(a) and (2)(a) of the Principal Act, for "tenancy" substitute "residential rental".

(2)In section 498D(2)(a) and (b) of the Principal Act, for "tenant" substitute "renter".

382Grounds for entry of SDA enrolled dwelling

In section 498V of the Principal Act, for "tenancy" substitute "residential rental".

Division 2—Other amendments

383Definitions

In section 3(1) of the Principal Act, in paragraph (c)(iii) of the definition of SDA enrolled dwelling, for "tenancy" substitute "residential rental".

384Tenancy agreements to be in standard form

In the note at the foot of section 26 of the Principal Act, for "landlord" substitute "residential rental provider".

385Copy of agreement to be made available to tenant

In the note at the foot of section 29 of the Principal Act, for "landlord" substitute "residential rental provider".

386Assignment and sub-letting by a tenant

In the note at the foot of section 81 of the Principal Act, for "landlord" substitute "residential rental provider".

387New section 91DA inserted

After section 91D of the Principal Act insert—

"91DA Termination of residential rental agreement by SDA resident

(1)A residential rental agreement between an SDA provider who is a residential rental provider and an SDA resident who is a renter terminates if—

(a)the SDA provider has not given an information statement to an SDA resident in accordance with 498D(1)(a); and

(b)the SDA resident wishes to terminate the residential rental agreement because the SDA resident was not given the information statement; and

(c)the SDA resident gives a notice of intention to vacate the SDA enrolled dwelling.

(2)If the SDA resident gives a notice of intention to vacate under subsection (1), the residential rental agreement terminates on the date specified in the notice.

(3)The SDA resident must vacate the SDA enrolled dwelling on or after the termination date specified in the notice of intention to vacate.".

388Section 91Z amended

After section 91Z(2) of the Principal Act insert—

"(2A)Subsection (2) does not apply to a notice of intention to vacate under section 91DA.".

Part 20—Repeal of amending Act

389Repeal of amending Act

This Act is repealed on 1 July 2021.

Note

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

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Endnotes

1   General information

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

Minister's second reading speech—

Legislative Assembly: 9 August 2018

Legislative Council: 24 August 2018

The long title for the Bill for this Act was "A Bill for an Act to amend the Residential Tenancies Act 1997, to make consequential amendments to that Act and other Acts and for other purposes."