Untitled document

Residential Tenancies Amendment (Public Housing) Act 2011

No. 18 of 2011

table of provisions

Section  Page

1Purpose

2Commencement

3New sections 250A and 250B of the Residential Tenancies Act 1997

250ADrug-related conduct in public housing

250BPrescribed indictable offences in public housing

4Repeal of Act

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Endnotes

Residential Tenancies Amendment (Public Housing) Act 2011

No. 18 of 2011

[Assented to 31 May 2011]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend the Residential Tenancies Act 1997 to provide that the Director of Housing may give a tenant a notice to vacate certain rented premises for carrying out certain illegal acts on those premises or in common areas.

2Commencement

This Act comes into operation on the day after the day on which this Act receives the Royal Assent.

3New sections 250A and 250B of the Residential Tenancies Act 1997

After section 250 of the Residential Tenancies Act 1997 insert—

250ADrug-related conduct in public housing"

(1)The Director of Housing may give a tenant a notice to vacate rented premises of which the Director of Housing is the landlord if the tenant has, on the rented premises or in a common area, illegally—

(a)trafficked or attempted to traffick a drug of dependence; or

(b)supplied a drug of dependence to a person under 18 years of age; or

(c)possessed a preparatory item with the intention of using the item for the purpose of trafficking in a drug of dependence; or

(d)possessed, without lawful excuse—

(i)a tablet press; or

(ii)a precursor chemical; or

(e)cultivated or attempted to cultivate a narcotic plant.

(2)The notice must specify a termination date that is not less than 14 days after the date on which the notice is given.

(3)In this section—

cultivate, narcotic plant and traffick have the same meanings as in section 70(1) of the Drugs, Poisons and Controlled Substances Act 1981;

drug of dependence, substance and supply have the same meanings as in section 4(1) of the Drugs, Poisons and Controlled Substances Act 1981;

precursor chemical means a prescribed precursor chemical within the meaning of section 71D of the Drugs, Poisons and Controlled Substances Act 1981;

preparatory item means a substance, material, equipment or document containing instructions relating to the preparation, cultivation or manufacture of a drug of dependence.

250BPrescribed indictable offences in public housing

(1)The Director of Housing may give a tenant a notice to vacate rented premises of which the Director of Housing is the landlord if the tenant has committed a prescribed indictable offence on the rented premises or in a common area.

(2)The notice must specify a termination date that is not less than 14 days after the date on which the notice is given.

(3)To avoid doubt, nothing in this section is to be taken to mean that the Director of Housing may only give a tenant a notice to vacate in respect of a prescribed indictable offence if the tenant has been convicted or found guilty of that offence.".

4Repeal of Act

This Act is repealed on the first anniversary of the day on which it receives the Royal Assent.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

Minister's second reading speech—

Legislative Assembly: 24 March 2011

Legislative Council: 3 May 2011

The long title for the Bill for this Act was "A Bill for an Act to amend the Residential Tenancies Act 1997 to provide additional grounds on which the Director of Housing may give a tenant a notice to vacate and for other purposes."