Untitled document

Residential Tenancies Amendment (Infringements) Regulations 2011

S.R. No. 164/2011

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Principal Regulations

5Regulation 27 substituted

27Infringement offences and infringement penalties

6Schedule 2 substituted

SCHEDULE 2—Infringement Offences and Infringement Penalties

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ENDNOTES

STATUTORY RULES 2011

S.R. No. 164/2011

Residential Tenancies Act 1997

Residential Tenancies Amendment (Infringements) Regulations 2011

The Governor in Council makes the following Regulations:

Dated: 21 December 2011

Responsible Minister:

MICHAEL O'BRIEN
Minister for Consumer Affairs

MATTHEW McBEATH

Clerk of the Executive Council

1Objectives

The objectives of these Regulations are to amend the Residential Tenancies Regulations 2008—

(a)to prescribe infringement offences as required as a result of amendments made to the Residential Tenancies Act 1997 by the Consumer Affairs Legislation Amendment (Reform) Act 2010; and

(b)to prescribe new infringement offences for the purpose of the Residential Tenancies Act 1997.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 January 2012.

4Principal Regulations

In these Regulations, the Residential Tenancies Regulations 2008[1] are called the Principal Regulations.

5Regulation 27 substituted

For regulation 27 of the Principal Regulations substitute—

"27   Infringement offences and infringement penalties

(1)For the purposes of section 510C(1) of the Act, an offence specified in column 2 of Schedule 2 is prescribed as an infringement offence.

(2)For the purposes of section 510C(2) of the Act, the prescribed infringement penalty for an infringement offence is the amount specified in column 3 of Schedule 2 in respect of that infringement offence.".

6Schedule 2 substituted

For Schedule 2 to the Principal Regulations substitute—

"SCHEDULE 2

Regulation 27

INFRINGEMENT OFFENCES AND INFRINGEMENT PENALTIES

Column 1 Item	Column 2 Infringement Offence	Column 3 Infringement Penalty
1	An offence against section 26(2) of the Act	2 penalty units
2	An offence against section 29(1) of the Act	2 penalty units
3	An offence against section 29(2) of the Act	2 penalty units
4	An offence against section 34 of the Act	3 penalty units
5	An offence against section 35(1) of the Act	2 penalty units
6	An offence against section 41 of the Act	3 penalty units
7	An offence against section 43(1) of the Act	2 penalty units
8	An offence against section 43(2) of the Act	2 penalty units
9	An offence against section 43(2A) of the Act	2 penalty units
10	An offence against section 49 of the Act	3 penalty units
11	An offence against section 51(1) of the Act	3 penalty units

Column 1 Item	Column 2 Infringement Offence	Column 3 Infringement Penalty
12	An offence against section 51(2) of the Act	3 penalty units
13	An offence against section 51(3) of the Act	3 penalty units
14	An offence against section 56(1) of the Act	3 penalty units
15	An offence against section 66(1) of the Act	2 penalty units
16	An offence against section 66(2) of the Act	2 penalty units
17	An offence against section 66(3) of the Act	2 penalty units
18	An offence against section 66(4) of the Act	2 penalty units
19	An offence against section 92C(1) of the Act	2 penalty units
20	An offence against section 96 of the Act	3 penalty units
21	An offence against section 97(1) of the Act	2 penalty units
22	An offence against section 99 of the Act	3 penalty units
23	An offence against section 100(1) of the Act	2 penalty units
24	An offence against section 100(2) of the Act	2 penalty units
25	An offence against section 100(2A) of the Act	2 penalty units
26	An offence against section 107 of the Act	3 penalty units

Column 1 Item	Column 2 Infringement Offence	Column 3 Infringement Penalty
27	An offence against section 124 of the Act	2 penalty units
28	An offence against section 125(1) of the Act	2 penalty units
29	An offence against section 125(2) of the Act	2 penalty units
30	An offence against section 125(3) of the Act	2 penalty units
31	An offence against section 127(1) of the Act	2 penalty units
32	An offence against section 142D of the Act	5 penalty units
33	An offence against section 145 of the Act	2 penalty units
34	An offence against section 146(3) of the Act	3 penalty units
35	An offence against section 147 of the Act	3 penalty units
36	An offence against section 148(1) of the Act	2 penalty units
37	An offence against section 150(1) of the Act	3 penalty units
38	An offence against section 150(2) of the Act	3 penalty units
39	An offence against section 151(1) of the Act	2 penalty units

Column 1 Item	Column 2 Infringement Offence	Column 3 Infringement Penalty
40	An offence against section 151(2) of the Act	2 penalty units
41	An offence against section 151(2A) of the Act	2 penalty units
42	An offence against section 160 of the Act	3 penalty units
43	An offence against section 166(1) of the Act	3 penalty units
44	An offence against section 182 of the Act	2 penalty units
45	An offence against section 183(1) of the Act	2 penalty units
46	An offence against section 183(2) of the Act	2 penalty units
47	An offence against section 184(1) of the Act	2 penalty units
48	An offence against section 184(2) of the Act	2 penalty units
49	An offence against section 184(3) of the Act	2 penalty units
50	An offence against section 186(1) of the Act	2 penalty units
51	An offence against section 198(1) of the Act	2 penalty units

Column 1 Item	Column 2 Infringement Offence	Column 3 Infringement Penalty
52	An offence against section 198(2) of the Act	In the case of a natural person 5 penalty units In the case of a body corporate 20 penalty units
53	An offence against section 206E(2) of the Act	2 penalty units
54	An offence against section 206I(1) of the Act	2 penalty units
55	An offence against section 206K(1) of the Act	3 penalty units
56	An offence against section 206N of the Act	3 penalty units
57	An offence against section 206O(1) of the Act	2 penalty units
58	An offence against section 206T of the Act	3 penalty units
59	An offence against section 206U(1) of the Act	2 penalty units
60	An offence against section 206U(2) of the Act	2 penalty units
61	An offence against section 206U(3) of the Act	2 penalty units
62	An offence against section 206ZH(1) of the Act	3 penalty units

Column 1 Item	Column 2 Infringement Offence	Column 3 Infringement Penalty
63	An offence against section 206ZR(1) of the Act	2 penalty units
64	An offence against section 206ZS(1) of the Act	2 penalty units
65	An offence against section 206ZX(1) of the Act	2 penalty units
66	An offence against section 206ZX(2) of the Act	2 penalty units
67	An offence against section 206ZX(3) of the Act	2 penalty units
68	An offence against section 206ZZ(1) of the Act	2 penalty units
69	An offence against section 206ZZH(2) of the Act	5 penalty units
70	An offence against section 206ZZH(3) of the Act	2 penalty units
71	An offence against section 264(1) of the Act	In the case of a natural person 5 penalty units In the case of a body corporate 20 penalty units
72	An offence against section 287(1) of the Act	In the case of a natural person 5 penalty units In the case of a body corporate 20 penalty units

Column 1 Item	Column 2 Infringement Offence	Column 3 Infringement Penalty
73	An offence against section 295(a) of the Act	In the case of a natural person 5 penalty units In the case of a body corporate 20 penalty units
74	An offence against section 295(b) of the Act	In the case of a natural person 5 penalty units In the case of a body corporate 20 penalty units
75	An offence against section 295(c) of the Act	In the case of a natural person 5 penalty units In the case of a body corporate 20 penalty units
76	An offence against section 295(d) of the Act	In the case of a natural person 5 penalty units In the case of a body corporate 20 penalty units
77	An offence against section 295(e) of the Act	In the case of a natural person 5 penalty units In the case of a body corporate 20 penalty units
78	An offence against section 295(f) of the Act	In the case of a natural person 5 penalty units In the case of a body corporate 20 penalty units

Column 1 Item	Column 2 Infringement Offence	Column 3 Infringement Penalty
79	An offence against section 298(1) of the Act	2 penalty units
80	An offence against section 298(2) of the Act	2 penalty units
81	An offence against section 358(1) of the Act	5 penalty units
82	An offence against section 358(2) of the Act	5 penalty units
83	An offence against section 358(3) of the Act	5 penalty units
84	An offence against section 369 of the Act	2 penalty units
85	An offence against section 372 of the Act	5 penalty units
86	An offence against section 373 of the Act	5 penalty units
87	An offence against section 377(1) of the Act	In the case of a natural person 5 penalty units In the case of a body corporate 20 penalty units
88	An offence against section 377(2) of the Act	In the case of a natural person 5 penalty units In the case of a body corporate 20 penalty units

Column 1 Item	Column 2 Infringement Offence	Column 3 Infringement Penalty
89	An offence against section 377(3) of the Act	In the case of a natural person 5 penalty units In the case of a body corporate 20 penalty units
90	An offence against section 377(3A) of the Act	In the case of a natural person 5 penalty units In the case of a body corporate 20 penalty units
91	An offence against section 382(2) of the Act	In the case of a natural person 5 penalty units In the case of a body corporate 20 penalty units
92	An offence against section 389(2) of the Act	3 penalty units
93	An offence against section 405(1) of the Act	2 penalty units
94	An offence against section 405(4) of the Act	2 penalty units
95	An offence against section 406 of the Act	3 penalty units
96	An offence against section 424(1) of the Act	3 penalty units
97	An offence against section 424(3) of the Act	3 penalty units

Column 1 Item	Column 2 Infringement Offence	Column 3 Infringement Penalty
98	An offence against section 425(1) of the Act	3 penalty units
99	An offence against section 428 of the Act	3 penalty units
100	An offence against section 439C(2) of the Act	2 penalty units
101	An offence against section 439D(2) of the Act	2 penalty units
102	An offence against section 439F(1) of the Act	2 penalty units
103	An offence against section 439F(2) of the Act	2 penalty units
104	An offence against section 439G(3) of the Act	2 penalty units
105	An offence against section 439H(2) of the Act	In the case of a natural person 2 penalty units In the case of a body corporate 10 penalty units
106	An offence against section 439I(1) of the Act	2 penalty units
107	An offence against section 439I(2) of the Act	2 penalty units

Column 1 Item	Column 2 Infringement Offence	Column 3 Infringement Penalty
108	An offence against section 505(1) of the Act	In the case of a natural person 3 penalty units In the case of a body corporate 15 penalty units
109	An offence against section 505(2) of the Act	In the case of a natural person 3 penalty units In the case of a body corporate 15 penalty units
110	An offence against section 505(3) of the Act	In the case of a natural person 3 penalty units In the case of a body corporate 15 penalty units
111	An offence against section 505(4) of the Act	In the case of a natural person 3 penalty units In the case of a body corporate 15 penalty units

".

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ENDNOTES

[1] Reg. 4: S.R. No. 55/2008 as amended by S.R. Nos 12/2009, 77/2010 and 83/2011.

——

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2011 is $122.14.

The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004.  The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.