Commonwealth Consolidated Regulations

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NATIONAL RENTAL AFFORDABILITY SCHEME REGULATIONS 2020 - REG 27

Approved participants code of conduct

  (1)   The approved participants code of conduct is set out in subsection   (2).

  (2)   The approved participant for a rental dwelling:

  (a)   must comply with legal obligations relating to investors in a timely manner; and

  (b)   must comply with the Scheme, and with any other law of the Commonwealth or of a State or Territory that relates to dealings with investors and tenants; and

  (c)   must lodge an annual Statement of Compliance in relation to the dwelling; and

  (d)   must respond to a communication from an investor within 30 days, unless the approved participant has a reasonable excuse; and

  (e)   must have an internal or external dispute resolution mechanism for use by investors; and

  (f)   must not enforce, seek to enforce, or threaten to enforce, an unfair arrangement; and

  (g)   must not make a misrepresentation to an investor; and

  (h)   must not engage in misleading or deceptive conduct in relation to an investor; and

  (i)   must not threaten or coerce an investor to take an action the investor is not required to take under an arrangement; and

  (j)   must not prevent an investor from entering into an arrangement with a suitably qualified and experienced person in relation to the dwelling; and

  (k)   must not threaten to take action that would result in an investor not receiving incentive to which the investor is entitled under law; and

  (l)   must not require an investor to enter into an arrangement with another person in relation to the dwelling, unless the arrangement relates to a property management service provider and the approved participant is able to ensure that the provider:

  (i)   complies with the arrangement between the provider and the investor; and

  (ii)   complies with legal obligations relating to the investor in a timely manner; and

  (iii)   complies with the laws of the Commonwealth and the States and Territories in relation to dealings with investors and tenants; and

  (iv)   does not enforce, seek to enforce, or threaten to enforce, an unfair arrangement with an investor; and

  (v)   does not make a misrepresentation to an investor; and

  (vi)   does not engage in misleading or deceptive conduct in relation to an investor; and

  (vii)   does not threaten or coerce an investor to take action the investor is not required to take under an arrangement; and

  (m)   if the approved participant requires the investor to enter into an arrangement as mentioned in paragraph   (l)--must ensure that the property management service provider acts in accordance with subparagraphs   (l)(i) to (vii).



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