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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Residential Tenancies Amendment (Public
Housing) Bill 2011
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 1
3 New sections 250A and 250B of the Residential Tenancies
Act 1997 2
250A Drug-related conduct in public housing 2
250B Prescribed indictable offences in public housing 3
4 Repeal of Act 4
ENDNOTES 5
571026B.I-22/3/2011 i BILL LA INTRODUCTION 22/3/2011
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Residential Tenancies Amendment
(Public Housing) Bill 2011
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.
The Parliament of Victoria enacts:
1 Purpose
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
5 to vacate certain rented premises for carrying out
certain illegal acts on those premises or in
common areas.
2 Commencement
This Act comes into operation on the day after the
10 day on which this Act receives the Royal Assent.
571026B.I-22/3/2011 1 BILL LA INTRODUCTION 22/3/2011
Residential Tenancies Amendment (Public Housing) Bill 2011
s. 3
See: 3 New sections 250A and 250B of the Residential
Act No. Tenancies Act 1997
109/1997.
Reprint No. 5 After section 250 of the Residential Tenancies
as at 15
January 2009 Act 1997 insert--
and
5 amending "250A Drug-related conduct in public housing
Act Nos
19/2009, (1) The Director of Housing may give a tenant a
68/2009,
1/2010, notice to vacate rented premises of which the
32/2010, Director of Housing is the landlord if the
49/2010,
53/2010, tenant has, on the rented premises or in a
10 63/2010, common area, illegally--
67/2010 and
72/2010. (a) trafficked or attempted to traffick a
LawToday:
www.legislati drug of dependence; or
on.vic.gov.au
(b) supplied a drug of dependence to a
person under 18 years of age; or
15 (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--
20 (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
25 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)
30 of the Drugs, Poisons and Controlled
Substances Act 1981;
571026B.I-22/3/2011 2 BILL LA INTRODUCTION 22/3/2011
Residential Tenancies Amendment (Public Housing) Bill 2011
s. 3
drug of dependence, substance and supply
have the same meanings as in
section 4(1) of the Drugs, Poisons and
Controlled Substances Act 1981;
5 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,
10 material, equipment or document
containing instructions relating to the
preparation, cultivation or manufacture
of a drug of dependence.
250B Prescribed indictable offences in public
15 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
20 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.
25 (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
30 found guilty of that offence.".
571026B.I-22/3/2011 3 BILL LA INTRODUCTION 22/3/2011
Residential Tenancies Amendment (Public Housing) Bill 2011
s. 4
4 Repeal of Act
This Act is repealed on the first anniversary of the
day on which it receives the Royal Assent.
Note
5 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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Residential Tenancies Amendment (Public Housing) Bill 2011
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571026B.I-22/3/2011 5 BILL LA INTRODUCTION 22/3/2011
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