Residential Tenancies Amendment Regulations 2021 (Vic)

Residential Tenancies Amendment Regulations 2021

S.R. No. 21/2021

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Temporary crisis accommodation

6Standard form residential rental agreements

7Efficiency rating systems

8Schedule 1 amended

9Electrical safety

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Endnotes

STATUTORY RULES 2021

S.R. No. 21/2021

Residential Tenancies Act 1997

Residential Tenancies Amendment Regulations 2021

The Governor in Council makes the following Regulations:

Dated: 23 March 2021

Responsible Minister:

MELISSA HORNE
Minister for Consumer Affairs, Gaming and Liquor Regulation

CLAIRE CHISHOLM

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Residential Tenancies Regulations 2021—

(a)to amend the matters prescribed for the purposes of the definition of temporary crisis accommodation in section 3 of the Residential Tenancies Act 1997; and

(b)to prescribe the standard form for written periodic residential rental agreements; and

(c)to amend the systems of rating prescribed for the energy efficiency of a non-ducted air conditioner or heat pump; and

(d)to make other minor and technical amendments.

2Authorising provision

These Regulations are made under section 511 of the Residential Tenancies Act 1997.

3Commencement

These Regulations come into operation on 29 March 2021.

4Principal Regulations

In these Regulations, the Residential Tenancies Regulations 2021[1] are called the Principal Regulations.

5Temporary crisis accommodation

(1)Regulation 6(1) of the Principal Regulations is revoked.

(2)For regulation 6(2)(a) and (b) of the Principal Regulations substitute—

"(a)for a person—

(i)experiencing homelessness or at risk of experiencing homelessness; or

(ii)being subjected to family violence or at risk of being subjected to family violence; and

(b)by a person or body which receives funding on the direction of the Minister for Housing or the Minister for Prevention of Family Violence for the purpose of providing such accommodation.".

6Standard form residential rental agreements

After regulation 10(2) of the Principal Regulations insert—

"(3)For the purposes of section 26(1B) of the Act, the prescribed standard form is Form 1 in Schedule 1.".

7Efficiency rating systems

For regulation 23(1)(b) of the Principal Regulations substitute—

'(b)for the energy efficiency of a non-ducted air conditioner or heat pump, the Minimum Energy Performance Standards within the meaning of the Greenhouse and Energy Minimum Standards Act 2012 of the Commonwealth and as determined and tested in accordance with—

(i)AS/NZS 3823.1.1, "Performance of electrical appliances—Airconditioners and heat pumps Part 1.1: Non-ducted airconditioners and heat pumps—Testing and rating for performance", as published from time to time; and

(ii)either of the following—

(A)AS/NZS 3823.2, "Performance of electrical appliances—Air conditioners and heat pumps Part 2: Energy labelling and minimum energy performance standards (MEPS) requirements", as published from time to time;

(B)AS/NZS 3823.4.2, "Performance of electrical appliances—Air conditioners and heat pumps Part 4.2: Air-cooled air conditioners and air-to-air heat pumps—Testing and calculating methods for seasonal performance factors—Heating seasonal performance factor", as published from time to time;'.

8Schedule 1 amended

In Form 1 in Schedule 1 to the Principal Regulations, after "the renter listed on this form." insert "Rental providers must use this form for a fixed term residential rental agreement of no more than 5 years or a periodic residential rental agreement in writing.".

9Electrical safety

(1)In clause 9(b)(ii) of Schedule 4 to the Principal Regulations, for "(RCBOs)" substitute "(RCCBs)".

(2)In clause 9(b)(iii) of Schedule 4 to the Principal Regulations, for "(RCCBs)" substitute "(RCBOs)".

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Endnotes

[1] Reg. 4: S.R. No. 3/2021.

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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 7 which amends regulation 23(1)(b) of the Residential Tenancies Regulations 2021	Australian/New Zealand Standard AS/NZS 3823.1.1:2012, "Performance of electrical appliances—Airconditioners and heat pumps Part 1.1: Non‑ducted airconditioners and heat pumps—Testing and rating for performance", as published by Standards Australia and Standards New Zealand on 11 May 2012	The whole
Regulation 7 which amends regulation 23(1)(b) of the Residential Tenancies Regulations 2021	Australian/New Zealand Standard AS/NZS 3823.2:2013, "Performance of electrical appliances—Air conditioners and heat pumps Part 2: Energy labelling and minimum energy performance standards (MEPS) requirements", as published by Standards Australia and Standards New Zealand on 23 May 2013	The whole

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 7 which amends regulation 23(1)(b) of the Residential Tenancies Regulations 2021	Australian/New Zealand Standard AS/NZS 3823.4.2:2014, "Performance of electrical appliances—Air conditioners and heat pumps Part 4.2: Air-cooled air conditioners and air-to-air heat pumps—Testing and calculating methods for seasonal performance factors—Heating seasonal performance factor", as published by Standards Australia and Standards New Zealand on 1 October 2014	The whole