Untitled document

Residential Tenancies Amendment Regulations 2016

S.R. No. 96/2016

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Residential tenancy agreement

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Endnotes

STATUTORY RULES 2016

S.R. No. 96/2016

Residential Tenancies Act 1997

Residential Tenancies Amendment Regulations 2016

The Governor in Council makes the following Regulations:

Dated: 2 August 2016

Responsible Minister:

MARLENE KAIROUZ
Minister for Consumer Affairs, Gaming and Liquor Regulation

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the prescribed standard form of residential tenancy agreement in the Residential Tenancies Regulations 2008 to provide for electronic service of notices and documents and to make certain other minor changes.

2Authorising provision

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

3Commencement

These Regulations come into operation on 30 September 2016.

4Residential tenancy agreement

In Form 1 of Schedule 1 to the Residential Tenancies Regulations 2008[1]—

(a)after Clause 4 insert—

"4A. CONSENT TO ELECTRONIC SERVICE

(1)     Express Consent

The TENANT:

[Check one box only]

oConsents to the electronic service of notices and other documents in accordance with the requirements of the Electronic Transactions (Victoria) Act 2000 at this email address:

Email address .......................................................................

OR

oDoes Not Consent to the electronic service of notices and other documents.

The LANDLORD:

[Check one box only]

oConsents to the electronic service of notices and other documents in accordance with the requirements of the Electronic Transactions (Victoria) Act 2000 at this email address:

Email address .......................................................................

OR

oDoes Not Consent to the electronic service of notices and other documents.

(2)Inferred Consent

If the TENANT or the LANDLORD (as the case may be) has not consented to electronic service under subclause (1), the TENANT or the LANDLORD must not infer consent to electronic service from the receipt or response to emails or other electronic communications.

(3)Change of Electronic Address

The TENANT or the LANDLORD must immediately give notice in writing to the other party if the email address for electronic service under subclause (1) changes.

(4)Withdrawal of Consent

(a)The TENANT or the LANDLORD may withdraw their consent under subclause (1) to electronic service of notices and other documents only by giving notice in writing to the other party.

(b)Following the giving of notice under paragraph (a), no further notices or other documents are to be served by electronic communication.";

(b)in Clause 6(b) omit "the premises and";

(c)for "the Fair Trading Act 1999" substitute "Part 2‑3 of the Australian Consumer Law (Victoria)";

(d)after "for further information" insert

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Endnotes

[1]

Reg. 4: S.R. No. 55/2008. Reprint No. 1 as at 21 August 2013.

Reprinted to S.R. No. 49/2013. Subsequently amended by

S.R. No. 116/2014.