Commonwealth Numbered Regulations Commonwealth Numbered Regulations
National Rental Affordability Scheme Regulations 2008
1 Paragraph 17(3)(h)
Omit "obligation under Division 2 of Part 4, or details of any way in which that obligation was", substitute "obligations under Division 2 of Part 4, or details of any way in which those obligations were".
2 Paragraphs 21A(2)(b) and 22(1)(aa)
Omit "obligation", substitute "obligations".
3 Division 2 of Part 4 (heading)
Omit " Obligation ", substitute " Obligations ".
4 Regulation 30A (heading)
Omit " obligation ", substitute " obligations ".
5 Subregulation 30A(1)
Omit "obligation", substitute "obligations".
6 At the end of Division 2 of Part 4
Add:
(1) This regulation applies if:
(a) an approved participant is required, under a contractual arrangement with an investor for an approved rental dwelling, to pass on all or part of an incentive in relation to the approved rental dwelling to the investor; and
(b) the contractual arrangement is expressed to be subject to a term that the investor must use a tenancy management service (or any similar, or other, service) that is provided by the approved participant or another person specified by the approved participant; and
(c) the investor fails, or refuses, to use the service.
(2) The approved participant:
(a) must comply with the requirement mentioned in paragraph (1)(a) as if the term were not included in the contractual arrangement; and
(b) must not terminate the contractual arrangement only because the investor fails, or refuses, to use the service.
30D Incentives not to be withheld or refused if bond not paid
(1) This regulation applies if:
(a) an approved participant is required, under a contractual arrangement with an investor for an approved rental dwelling, to pass on all or part of an incentive in relation to the approved rental dwelling to the investor; and
(b) the contractual arrangement is expressed to be subject to a term that the investor or another person must pay to the approved participant a monetary bond (however described) if:
(i) the investor uses a service (the alternative service ) of a kind mentioned in paragraph 30C(1)(b); and
(ii) the alternative service is not provided by the approved participant or a person specified by the approved participant; and
(c) the investor uses the alternative service and the bond is not paid to the approved participant.
(2) The approved participant:
(a) must comply with the requirement mentioned in paragraph (1)(a) as if the term were not included in the contractual arrangement; and
(b) must not terminate the contractual arrangement only because the investor uses the alternative service and the bond is not paid to the approved participant.
7 At the end of Part 6
Add:
Regulations 30C and 30D, as inserted by item 6 of Schedule 1 to the National Rental Affordability Scheme Amendment (Approved Participant Obligations) Regulations 2017 , apply in relation to an approved participant who enters into a contractual arrangement with an investor on or after the commencement of that item.