Commonwealth Consolidated Regulations Commonwealth Consolidated Regulationsmade under the
National Rental Affordability Scheme Act 2008
Compilation No. 1
Compilation date: 14 October 2024
Includes amendments: F2024L01299
About this compilation
This compilation
This is a compilation of the National Rental Affordability Scheme Regulations 2020 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Name
3 Authority
5 Definitions
Part 2--Allocations
Division 1--No new allocations
6 No new allocations
Division 2--General conditions
7 General conditions
8 Initial status of dwelling
9 Initial vacancy
10 Other vacancies
11 Eligible tenants
12 Maximum rent
13 Documents and information
14 Compliance with relevant laws
15 Compliance with special conditions
16 If allocation is revoked
17 Conditions of the reservation of existing provisional allocations
Division 3--Varying, removing or imposing special conditions
18 Varying or removing special conditions etc. by agreement
19 Secretary may vary, remove or impose special conditions
Division 4--Transfer or revocation not because of breach
20 Transfer to another rental dwelling
21 Transfer to another person on application by approved participant
22 Transfer of provisional allocation on Secretary's own initiative
23 Revocation on application by approved participant etc.
Division 5--Transfer or revocation because of breach
Subdivision A--Determinations of breaches
24 Individual breach
25 Serious breach
26 Disqualifying breach
27 Approved participants code of conduct
Subdivision B--Procedures for making determinations of breaches
28 Secretary may determine breach on own initiative or on request by an investor
29 Transfer requests
30 Requirements for determinations of breach
31 Publishing notice of certain breaches
Subdivision C--Transfer or revocation because of breach
32 Transfer or revocation because of breach
Division 6--General rules for transfers
33 Legal arrangements do not prevent transfers
34 Obligations of approved participants when allocations are transferred
35 Statement of compliance if allocation is transferred
Part 3--Market value rent
36 Meaning of market value rent
37 Valuations
38 Giving valuations
39 Secretary may extend time for giving valuations
40 Valuations--other matters
Part 4--Eligible tenants
41 Eligible tenants
Part 5--Demonstrating compliance
42 Statement of compliance required for each NRAS year
43 Contents of statement of compliance
44 Tenant consent form
45 Lease agreement
46 Secretary may request other documents and information
47 Changes to approved participant's details
48 Changes relating to investors
49 Record keeping
Part 6--Incentives
Division 1--Entitlement to incentives
50 Entitlement to incentives
51 Amount of incentive and reductions by Secretary
52 Full amount of incentive
53 Incentive amounts when approved participant changes
Division 2--Form and giving of incentives
54 Form of incentive
55 Elections by endorsed charitable institutions
56 Variation of incentive amount
Division 3--Redirecting incentives
57 Application of this Division
58 Incentive for year of transfer
59 Incentive for an earlier year
60 Meaning of redirects
61 Secretary must notify proposed redirection
62 Secretary must take interests of investors into account
Part 7--Obligations to investors
63 Approved participant's obligations to investors
64 Obligation to pass on incentives or State or Territory contributions in a timely manner
65 Incentives or State or Territory contributions not to be withheld or refused if investor fails or refuses to accept other services
66 Incentives or State or Territory contributions not to be withheld or refused if bond not paid
67 Approved participant must give summary of code of conduct to investors
Part 8--Other matters
68 Secretary may approve forms
69 Sharing and use of information
70 Notice of end of allocation
71 Review of decisions by the Administrative Review Tribunal
72 When incentive cannot be redirected
Part 9--Application and transitional provisions
73 Things done under the previous regulations
74 General conditions of allocations existing immediately before 1 April 2020
75 Determination relating to maximum rent
76 Eligible tenants moving rental dwellings
77 References to breaches etc.
78 Redirecting incentives for certain earlier transfers
79 Details of approved participants and investors
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
20 Mar 2020 (F2020L00282) | s 75: 1 May 2017 (s 2(1) item 2) |
| |
Administrative Review Tribunal Legislation Consequential Amendments (2024 Measures No. 1) Regulations 2024 | 11 Oct 2024 (F2024L01299) | Sch 12 (items 7-24): 14 Oct 2024 (s 2(1) item 1) | -- |
Provision affected | How affected |
Part 1 |
|
s 2..................... | rep LA s 48D |
s 4..................... | rep LA s 48C |
Part 2 |
|
Division 2 |
|
r 12.................... | am F2024L01299 |
r 13.................... | am F2024L01299 |
r 15.................... | am F2024L01299 |
Division 3 |
|
r 19.................... | am F2024L01299 |
Division 4 |
|
r 22.................... | am F2024L01299 |
Division 5 |
|
Subdivision A |
|
r 24.................... | am F2024L01299 |
r 25.................... | am F2024L01299 |
r 26.................... | am F2024L01299 |
Subdivision C |
|
r 32.................... | am F2024L01299 |
Part 6 |
|
Division 1 |
|
r 50.................... | am F2024L01299 |
r 51.................... | am F2024L01299 |
Division 2 |
|
r 56.................... | am F2024L01299 |
Division 3 |
|
r 58.................... | am F2024L01299 |
r 59.................... | am F2024L01299 |
Part 8 |
|
r 71.................... | am F2024L01299 |
Part 9 |
|
r 78.................... | am F2024L01299 |
Schedule 1................ | rep LA s 48C |