Residential Tenancies (Residential Tenancies Amendment Act 2018) Transitional Regulations 2021 (Vic)

Version No. 001

Residential Tenancies (Residential Tenancies Amendment Act 2018) Transitional Regulations 2021

S.R. No. 20/2021

Version as at

29 March 2021

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Definitions

5Renewed applications for possession orders

6Applications for possession

7Renter no longer meets eligibility criteria—National Rental Affordability Scheme

8Expiry

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Residential Tenancies (Residential Tenancies Amendment Act 2018) Transitional Regulations 2021

S.R. No. 20/2021

Version as at

29 March 2021

1Objective

The objective of these Regulations is to provide for transitional matters arising as a result of the enactment of the Residential Tenancies Amendment Act 2018.

2Authorising provisions

These Regulations are made under clause 20 of Schedule 1 to the Residential Tenancies Act 1997.

3Commencement

These Regulations come into operation on 29 March 2021.

4Definitions

In these Regulations—

National Rental Affordability Scheme means the scheme prescribed for the purposes of section 5 of the National Rental Affordability Scheme Act 2008 of the Commonwealth;

rental dwelling has the same meaning as provided for in section 4 of the National Rental Affordability Scheme Act 2008 of the Commonwealth;

the Act means the Residential Tenancies Act 1997.

5Renewed applications for possession orders

(1)This regulation applies if—

(a)an application for a possession order was made under Part 7 of the Act before 29 March 2020; and

(b)the application was supported with—

(i)in the case of rented premises, a notice to vacate given under section 246 of the Act; or

(ii)in the case of a rooming house, a notice to vacate given under section 281 of the Act; or

(iii)in the case of a caravan or site, a notice to vacate given under section 305 or 306 of the Act; or

(iv)in the case of a Part 4A site, a notice to vacate given under section 317ZB of the Act in respect of successive breaches by the site tenant of the duty to pay rent.

(2)If the Tribunal adjourned an application to which this regulation applies in accordance with section 331 of the Act on or before 29 March 2020, at the resumption of the adjourned hearing, for the period commencing on 29 March 2021 and ending on 29 March 2023—

(a)section 330 of the Act as in force immediately before the commencement of section 244 of the Residential Tenancies Amendment Act 2018 continues to apply as if it had not been amended; and

(b)section 330A of the Act does not apply; and

(c)section 331 of the Act as in force immediately before the commencement of section 246 of the Residential Tenancies Amendment Act 2018 continues to apply as if it had not been amended.

6Applications for possession

(1)This regulation applies if—

(a)an application for a possession order is made under section 91ZM, 322, 323, 324, 324A or 498ZZE of the Act for the period commencing 29 March 2021 and ending on 26 October 2021; and

(b)a dispute resolution order in respect of which the application relates was made under regulation 16(5) or (6) of the Residential Tenancies (COVID-19 Emergency Measures) Regulations 2020[1] immediately before the repeal of Part 16 of the Act.

(2)In determining whether, in the circumstances of the particular application, it is reasonable and proportionate to make a possession order under section 330A or 498ZZHA of the Act, the Tribunal must have regard to—

(a)the dispute resolution order; and

(b)any application to amend, cancel or extend the time for compliance with the dispute resolution order under regulation 9(2) of the COVID-19 Omnibus (Emergency Measures) Transitional Regulations 2021.

(3)For the purposes of subregulation (2), the Tribunal must determine any application made under regulation 9(2) of the COVID-19 Omnibus (Emergency Measures) Transitional Regulations 2021 before dealing with the application for possession to which this regulation applies.

7Renter no longer meets eligibility criteria—National Rental Affordability Scheme

(1)This regulation applies if—

(a)rented premises are rented to a renter as a rental dwelling; and

(b)on and after the commencement of the Residential Tenancies Amendment Act 2018, the renter of those rented premises ceases to be eligible to rent the rental dwelling in accordance with the National Rental Affordability Scheme Regulations 2020 of the Commonwealth.

(2)For the period commencing on 29 March 2021 and ending on 29 March 2022, a residential rental provider of rented premises to which this regulation applies may give notice to vacate under section 91ZZE of the Act and for that purpose—

(a)a reference in that section to "residential rental provider which is a public statutory authority engaged in the provision of housing" is taken to include a residential rental provider that rents rented premises to a renter as a rental dwelling under the National Rental Affordability Scheme; and

(b)a reference in that section to "eligibility criteria for housing" is taken to include the criteria for eligibility for a rental dwelling under the National Rental Affordability Scheme as provided for in the National Rental Affordability Scheme Regulations 2020 of the Commonwealth; and

(c)the requirement for the publishing of eligibility criteria in the Government Gazette in section 91ZZE(1)(a) and (3) of the Act is taken to be satisfied by regulation 41 of the National Rental Affordability Scheme Regulations 2020 of the Commonwealth.

(3)A notice to vacate given under section 91ZZE of the Act in accordance with this regulation is a valid notice to vacate for the purposes of the Act.

8Expiry

These Regulations expire on 19 June 2021.

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Endnotes

1   General information

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

The Residential Tenancies (Residential Tenancies Amendment Act 2018) Transitional Regulations 2021, S.R. No. 20/2021 were made on 23 March 2021 by the Governor in Council under clause 20 of Schedule 1 to the Residential Tenancies Act 1997, No. 109/1997 and came into operation on 29 March 2021: regulation 3.

The Residential Tenancies (Residential Tenancies Amendment Act 2018) Transitional Regulations 2021 will expire on 19 June 2021: see regulation 8.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Residential Tenancies (Residential Tenancies Amendment Act 2018) Transitional Regulations 2021 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4   Explanatory details

[1] Reg. 6(1)(b): S.R. No. 35/2020 as amended by S.R. No. 95/2020.