Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2023 (Vic)

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2023

S.R. No. 106/2023

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Principal Regulations

4Definitions

5Sanitary facilities

6Design, construction and installation standards—unregistrable movable dwellings

7Smoke alarms for movable dwellings

8Amendments to Schedule 3

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Endnotes

STATUTORY RULES 2023

S.R. No. 106/2023

Residential Tenancies Act 1997

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2023

The Governor in Council makes the following Regulations:

Dated: 3 October 2023

Responsible Minister:

SONYA KILKENNY
Minister for Planning

ANGELA SMITH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2020 to update references consequential to the publishing of the National Construction Code 2022.

2Authorising provisions

These Regulations are made under sections 514, 515, 515A and 516 of the Residential Tenancies Act 1997.

3Principal Regulations

In these Regulations, the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2020[1] are called the Principal Regulations.

4Definitions

(1)In regulation 5 of the Principal Regulations insert the following definition—

"ABCB Housing Provisions means the Housing Provisions Standard published by the Australian Building Codes Board as issued or remade from time to time;".

(2)In regulation 5 of the Principal Regulations, for the definition of BCA Volume One substitute—

"BCA Volume One means Volume One of the National Construction Code Series, including any Victorian variations or additions set out in Schedule 10 to that Volume;".

(3)In regulation 5 of the Principal Regulations, for the definition of BCA Volume Two substitute—

"BCA Volume Two means Volume Two of the National Construction Code Series, including any Victorian variations or additions set out in Schedule 10 to that Volume;".

5Sanitary facilities

In regulation 29 of the Principal Regulations, for "Part F2.1" substitute "the deemed-to-satisfy provision contained in clause F4D2".

6Design, construction and installation standards—unregistrable movable dwellings

For regulation 34(1) of the Principal Regulations substitute—

"(1)A person who constructs an unregistrable movable dwelling for installation in a caravan park must do so in accordance with the following as if the unregistrable movable dwelling were a Class1 building within the meaning of the BCA Volume Two—

(a)the relevant design and construction requirements of the BCA Volume Two specified in Part 1 of Schedule 3;

(b)the relevant design and construction requirements set out in Part 2 of Schedule 3.

Penalty:20 penalty units." .

7Smoke alarms for movable dwellings

(1)For regulation 36(1) of the Principal Regulations substitute—

"(1)A person who constructs a movable dwelling, other than a flexible annexe or tent, must ensure that a smoke alarm that complies with clause 9.5.1(b) of the ABCB Housing Provisions as incorporated by the deemed-to-satisfy provision in clause H3D6(1) of the BCA Volume Two is located in accordance with clause 9.5.2 of those ABCB Housing Provisions.

Penalty:20 penalty units.".

(2)In regulation 36(3) of the Principal Regulations, for "Part 3.7.5.2(b)" substitute "clause 9.5.1(b) of the ABCB Housing Provisions as incorporated by the deemed-to-satisfy provision in clause H3D6(1)".

8Amendments to Schedule 3

(1)In clause 1(1) of Schedule 3 to the Principal Regulations omit ", with the Victorian variations,".

(2)In clause 1(1)(a) of Schedule 3 to the Principal Regulations, for "P2.1.1(b)(xv) and Part 3.1.4" substitute "H1P1(2)(o) and the deemed-to-satisfy provisions contained in clause H1D3(3)".

(3)In clause 1(1)(b) of Schedule 3 to the Principal Regulations, for "Part 3.3" substitute "the deemed-to-satisfy provisions contained in clauses H1D5 and H2D4".

(4)In clause 1(1)(c) of Schedule 3 to the Principal Regulations, for "Parts 3.5.1 and 3.5.2.1(b)" substitute "the deemed-to-satisfy provisions contained in clauses H1D7(1), H1D7(2) and H1D7(3)(b)(ii)(B)".

(5)For clause 1(1)(d) of Schedule 3 to the Principal Regulations substitute—

"(d)Objectives H3O1(b) and H7O1(e), Functional Statements H3F1 and H7F4, Performance Requirements H3P1 and H7P5, the deemed-to-satisfy provisions contained in clauses H3D3 (fire separation of external walls) and H7D4 (construction in bushfire prone areas);".

(6)For clause 1(1)(e) of Schedule 3 to the Principal Regulations substitute—

"(e)

Objective H4O3(b) and (c), Functional Statement H4F3(a) and (b), Performance Requirement H4P3(1) and (3),

clause 10.4.1(1)(b) to (e) of the ABCB Housing Provisions as incorporated by the deemed-to-satisfy provisions contained in clause H4D5 (sanitary facilities);".

(7)For clause 1(1)(f) of Schedule 3 to the Principal Regulations substitute—

"(f)Objective H7O1(a) and (b), Functional Statement H7F1, Performance Requirements H7P1 and H7P2, the deemed-to-satisfy provisions contained in clause H7D2 (swimming pools);".

(8)For clause 1(1)(g) of Schedule 3 to the Principal Regulations substitute—

"(g)Part H6 (energy efficiency).".

(9)In clause 1(2) of Schedule 3 to the Principal Regulations, for "Table 3" substitute "Table 4 in Schedule 1".

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ENDNOTES

[1] Reg. 3: S.R. No. 48/2020 as amended by S.R. Nos 125/2022 and 58/2023.

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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.

In this table—

ABCB Housing Provisions means the Housing Provisions Standard published by the Australian Building Codes Board on 1 May 2023;

amending Regulations means the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Amendment Regulations 2023;

BCA Volume One means Volume One of the National Construction Code 2022, including any Victorian variations or additions set out in Schedule 10 to that Volume;

BCA Volume Two means Volume Two of the National Construction Code 2022, including any Victorian variations or additions set out in Schedule 10 to that Volume;

National Construction Code 2022 means the National Construction Code 2022 published by the Australian Building Codes Board on 1 May 2023.

Principal Regulations means the Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2020;

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 4(1) of the amending Regulations which inserts a definition of ABCB Housing Provisions into regulation 5 of the Principal Regulations	ABCB Housing Provisions	The whole
Regulation 4(2) of the amending Regulations which substitutes the definition of BCA Volume One in regulation 5 of the Principal Regulations	BCA Volume One	The whole
Regulation 4(3) of the amending Regulations which substitutes the definition of BCA Volume Two in regulation 5 of the Principal Regulations	BCA Volume Two	The whole
Regulation 5 of the amending Regulations which amends regulation 29 of the Principal Regulations	BCA Volume One	Clause F4D2
Regulation 6 of the amending Regulations which amends regulation 34(1) of the Principal Regulations	BCA Volume Two	The whole

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 7(1) of the amending Regulations which substitutes regulation 36(1) of the Principal Regulations	ABCB Housing Provisions as incorporated by the BCA Volume Two	Clauses 9.5.1(b) and 9.5.2 of the ABCB Housing Provisions Clause H3D6(1) of the BCA Volume Two
Regulation 7(2) of the amending Regulations which amends regulation 36(3) of the Principal Regulations	ABCB Housing Provisions as incorporated by the BCA Volume Two	Clause 9.5.1(b) of the ABCB Housing Provisions Clause H3D6(1) of the BCA Volume Two
Regulation 8(2) of the amending Regulations which amends clause 1(1)(a) of Schedule 3 to the Principal Regulations	BCA Volume Two	Performance Requirement H1P1(2)(o) and clause H1D3(3)
Regulation 8(3) of the amending Regulations which amends clause 1(1)(b) of Schedule 3 to the Principal Regulations	BCA Volume Two	Clauses H1D5 and H2D4
Regulation 8(4) of the amending Regulations which amends clause 1(1)(c) of Schedule 3 to the Principal Regulations	BCA Volume Two	Clauses H1D7(1), H1D7(2) and H1D7(3)(b) (ii)(B)

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 8(5) of the amending Regulations which substitutes clause 1(1)(d) of Schedule 3 to the Principal Regulations	BCA Volume Two	Objectives H3O1(b) and H7O1(e), Functional Statements H3F1 and H7F4, Performance Requirements H3P1 and H7P5, clauses H3D3 and H7D4
Regulation 8(6) of the amending Regulations which substitutes clause 1(1)(e) of Schedule 3 to the Principal Regulations	BCA Volume Two	Objective H4O3(b) and (c), Functional Statement H4F3(a) and (b), Performance Requirement H4P3(1) and (3), clause 10.4.1(1)(b) to (e) of the ABCB Housing Provisions as incorporated by the deemed-to-satisfy provisions contained in clause H4D5

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 8(7) of the amending Regulations which substitutes clause 1(1)(f) of Schedule 3 to the Principal Regulations	BCA Volume Two	Objective H7O1(a) and (b), Functional Statement H7F1, Performance Requirements H7P1 and H7P2, clause H7D2
Regulation 8(8) of the amending Regulations which substitutes clause 1(1)(g) of Schedule 3 to the Principal Regulations	BCA Volume Two	Part H6
Regulation 8(9) of the amending Regulations which amends clause 1(2) of Schedule 3 to the Principal Regulations	BCA Volume Two	Table 4 in Schedule 1