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RESIDENTIAL TENANCIES AND OTHER CONSUMER ACTS AMENDMENT BILL 2012

                 PARLIAMENT OF VICTORIA

  Residential Tenancies and Other Consumer Acts
               Amendment Bill 2012



                      TABLE OF PROVISIONS
Clause                                                               Page

PART 1--PRELIMINARY                                                     1
  1      Purposes                                                       1
  2      Commencement                                                   2

PART 2--MISCELLANEOUS AMENDMENTS TO THE
RESIDENTIAL TENANCIES ACT 1997                                          4
Division 1--Amendments relating to rooming house standards              4
  3      Definitions                                                    4
  4      New section 120A inserted                                      4
         120A Rooming house owner must comply with rooming
                  house standards                                       4
  5      Regulations for rooming houses                                 5
  6      Tribunal must hear application urgently                        5
  7      Matters which may be considered by Tribunal                    5
Division 2--Amendments relating to Part 4A                              5
  8      New section 206JA inserted                                     5
         206JA Cooling off period--Part 4A dwelling purchase
                agreement                                               5
Division 3--Amendments relating to jurisdiction of the Tribunal         8
  9      Jurisdiction of Tribunal                                       8
  10     Limits of jurisdiction of Tribunal                             8
  11     General applications to the Tribunal                           8
  12     General power of Tribunal to make determinations               9

PART 3--AMENDMENTS RELATING TO REGISTRATION
OF ROOMING HOUSES                                                      10
Division 1--Amendments to the Residential Tenancies Act 1997           10
  13     Purpose                                                       10
  14     Definitions                                                   10
  15     Heading to Division 9                                         10
  16     Unregistered rooming house                                    11


571300B.I-15/8/2012                   i     BILL LA INTRODUCTION 15/8/2012

 


 

Clause Page 17 New sections 142E to 142L inserted 11 142E Establishment of Rooming House Register 11 142F Information to be included in Rooming House Register 12 142G Compilation of information for inclusion in Rooming House Register 14 142H Form of Rooming House Register 15 142I Rooming House Register--Access and amendment 15 142J Inspection of Rooming House Register 15 142K Restriction on access to personal information 16 142L Rights of review 18 18 Regulations 19 Division 2--Amendments to the Public Health and Wellbeing Act 2008 19 19 Application for registration 19 20 Powers of the Council 19 21 New section 73A inserted 20 73A Information to be provided for Rooming House Register 20 22 Powers of a Council in respect of registration 20 23 Service of notices, orders and other documents 21 PART 4--AMENDMENTS TO THE BUSINESS LICENSING AUTHORITY ACT 1998 22 24 Delegation by Authority 22 25 New Part 4 inserted 22 PART 4--GENERAL 22 26 Regulations 22 PART 5--AMENDMENT TO THE CONSUMER AFFAIRS LEGISLATION AMENDMENT (REFORM) ACT 2010 24 26 Sale of land prior to approval of plan 24 PART 6--AMENDMENT TO THE SALE OF LAND ACT 1962 25 27 Rescission of prescribed contract 25 PART 7--REPEAL OF AMENDING ACT 26 28 Repeal of amending Act 26 ENDNOTES 27 571300B.I-15/8/2012 ii BILL LA INTRODUCTION 15/8/2012

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Residential Tenancies and Other Consumer Acts Amendment Bill 2012 A Bill for an Act to amend the Residential Tenancies Act 1997 to make further provision for matters relating to Part 4A parks and rooming houses and to establish a register of rooming houses, to amend the Public Health and Wellbeing Act 2008 in relation to the registration of rooming houses, to amend the Business Licensing Authority Act 1998 in relation to delegation powers, to amend the Consumer Affairs Legislation Amendment (Reform) Act 2010 and the Sale of Land Act 1962 in relation to contracts for the sale of lots in a plan of subdivision and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purposes The main purposes of this Act are-- (a) to amend the Residential Tenancies Act 5 1997-- 571300B.I-15/8/2012 1 BILL LA INTRODUCTION 15/8/2012

 


 

Residential Tenancies and Other Consumer Acts Amendment Bill 2012 Part 1--Preliminary s. 2 (i) to impose further duties on rooming house owners; and (ii) to provide for a State-wide register of rooming houses; and 5 (iii) to make further provision for matters relating to site agreements and Part 4A dwellings; and (b) to amend the Public Health and Wellbeing Act 2008-- 10 (i) to make further provision for registration of rooming houses under that Act; and (ii) to provide for municipal councils to enter information in relation to rooming 15 houses in the register of rooming houses established under the Residential Tenancies Act 1997; and (c) to amend the Business Licensing Authority Act 1998 to make further provision for 20 delegation powers under that Act; and (d) to amend the Consumer Affairs Legislation Amendment (Reform) Act 2010 to make further provision for contracts for the sale of lots in a plan of subdivision; and 25 (e) to amend the Sale of Land Act 1962 to make further provision for contracts for the sale of lots in a plan of subdivision. 2 Commencement (1) This Part, sections 5 and 23 and Part 5 come into 30 operation on the day after the day on which this Act receives the Royal Assent. (2) Division 1 of Part 2 (except section 5) comes into operation on 31 March 2013. 571300B.I-15/8/2012 2 BILL LA INTRODUCTION 15/8/2012

 


 

Residential Tenancies and Other Consumer Acts Amendment Bill 2012 Part 1--Preliminary s. 2 (3) Subject to subsections (4), (5), (6) and (7), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (4) If Part 6 does not come into operation before 5 1 December 2012, it comes into operation on that day. (5) If Divisions 2 and 3 of Part 2 do not come into operation before 1 July 2013, those Divisions come into operation on that day. 10 (6) If Part 4 does not come into operation before 1 July 2013, it comes into operation on that day. (7) If a provision referred to in subsection (3) (other than Divisions 2 and 3 of Part 2, Part 4 or Part 6) does not come into operation before 1 July 2014, 15 it comes into operation on that day. __________________ 571300B.I-15/8/2012 3 BILL LA INTRODUCTION 15/8/2012

 


 

Residential Tenancies and Other Consumer Acts Amendment Bill 2012 Part 2--Miscellaneous Amendments to the Residential Tenancies Act 1997 s. 3 PART 2--MISCELLANEOUS AMENDMENTS TO THE RESIDENTIAL TENANCIES ACT 1997 Division 1--Amendments relating to rooming house standards 5 3 Definitions See: In section 3(1) of the Residential Tenancies Act Act No. 109/1997. 1997 insert the following definition-- Reprint No. 6 as at "rooming house standard means a standard 5 September 2011 prescribed under section 142C for the 10 and purposes of Division 8 of Part 3;". amending Act Nos 49/2010, 63/2010, 67/2010, 17/2012, 21/2012 and 43/2012. LawToday: www. legislation. vic.gov.au 4 New section 120A inserted After section 120 of the Residential Tenancies Act 1997 insert-- "120A Rooming house owner must comply with 15 rooming house standards (1) A rooming house owner must ensure that a room provided to a resident of a rooming house complies with any applicable rooming house standard. 20 (2) A rooming house owner must ensure that a facility or service provided to a resident of a rooming house complies with any applicable rooming house standard. 571300B.I-15/8/2012 4 BILL LA INTRODUCTION 15/8/2012

 


 

Residential Tenancies and Other Consumer Acts Amendment Bill 2012 Part 2--Miscellaneous Amendments to the Residential Tenancies Act 1997 s. 5 (3) A rooming house owner must ensure that a common area provided for access by a resident of a rooming house complies with any applicable rooming house standard.". 5 5 Regulations for rooming houses In section 142C(2)(h) of the Residential Tenancies Act 1997, after "Minister" insert ", the Director". 6 Tribunal must hear application urgently 10 After section 209A(a) of the Residential Tenancies Act 1997 insert-- "(ab) a breach of section 120A; or". 7 Matters which may be considered by Tribunal After section 211(ba) of the Residential 15 Tenancies Act 1997 insert-- "(bb) in the case of a breach of an applicable rooming house standard, whether the rooming house owner has been convicted of or found guilty of an offence under 20 section 142B for the same breach; and". Division 2--Amendments relating to Part 4A 8 New section 206JA inserted After section 206J of the Residential Tenancies Act 1997 insert-- 25 "206JA Cooling off period--Part 4A dwelling purchase agreement (1) This section applies if-- (a) a site tenant or his or her agent enters into a Part 4A dwelling purchase 30 agreement with-- 571300B.I-15/8/2012 5 BILL LA INTRODUCTION 15/8/2012

 


 

Residential Tenancies and Other Consumer Acts Amendment Bill 2012 Part 2--Miscellaneous Amendments to the Residential Tenancies Act 1997 s. 8 (i) a site owner, whether acting as site owner or as agent of another person; or (ii) an agent of a site owner referred 5 to in subparagraph (i); and (b) the Part 4A dwelling that is the subject of the Part 4A dwelling purchase agreement is located or intended to be located on a Part 4A site that is let or 10 intended to be let by the site owner to the site tenant under a site agreement. (2) The site tenant may rescind the Part 4A dwelling purchase agreement-- (a) if the site tenant has been given a 15 proposed site agreement by the site owner or the site owner's agent--within 20 days from the date that the site agreement was given to the site tenant; or 20 (b) if the site tenant has entered into a site agreement with the site owner and the site tenant rescinds the site agreement in accordance with section 206J--at the time that the site tenant rescinds the site 25 agreement. (3) The site tenant may rescind the Part 4A dwelling purchase agreement under subsection (2) by providing written notice to the site owner or the site owner's agent that 30 the Part 4A dwelling purchase agreement is rescinded. 571300B.I-15/8/2012 6 BILL LA INTRODUCTION 15/8/2012

 


 

Residential Tenancies and Other Consumer Acts Amendment Bill 2012 Part 2--Miscellaneous Amendments to the Residential Tenancies Act 1997 s. 8 (4) A notice under subsection (3) must be-- (a) given to the site owner or the site owner's agent; or (b) left at the address for service of the site 5 owner specified in the Part 4A dwelling purchase agreement. (5) If a site tenant rescinds a Part 4A dwelling purchase agreement in accordance with this section, the site tenant is entitled to a refund 10 of all money paid by the site tenant under the Part 4A dwelling purchase agreement. (6) A term in a Part 4A dwelling purchase agreement is void to the extent it purports to exclude, restrict or modify the application of, 15 or the exercise of a right conferred by, this section. (7) In this section-- agent includes employee, contractor and subcontractor; 20 proposed site agreement includes-- (a) a copy of that agreement; (b) any other document which contains terms that are proposed to form part of the site agreement 25 or a copy of that document; related party, in relation to a site owner, means-- (a) the partner, child, parent or sibling of the site owner; or 30 (b) the partner of the child, parent or sibling of the site owner; or (c) a business partner of the site owner; or 571300B.I-15/8/2012 7 BILL LA INTRODUCTION 15/8/2012

 


 

Residential Tenancies and Other Consumer Acts Amendment Bill 2012 Part 2--Miscellaneous Amendments to the Residential Tenancies Act 1997 s. 9 (d) a corporation owned, managed or effectively controlled by the site owner or a person referred to in paragraph (a), (b) or (c); 5 site owner includes a related party of a site owner.". Division 3--Amendments relating to jurisdiction of the Tribunal 9 Jurisdiction of Tribunal 10 After section 446(ba) of the Residential Tenancies Act 1997 insert-- "(bb) any matter arising in relation to the rescission of a Part 4A dwelling purchase agreement under section 206JA; and". 15 10 Limits of jurisdiction of Tribunal (1) In section 447(1) of the Residential Tenancies Act 1997, after "site agreement provisions" (wherever occurring) insert "or a Part 4A dwelling purchase agreement". 20 (2) In section 447(1A)(d) of the Residential Tenancies Act 1997, after "site agreement provisions" insert ", a Part 4A dwelling purchase agreement". 11 General applications to the Tribunal 25 After section 452(3A)(a) of the Residential Tenancies Act 1997 insert-- "(ab) a dispute arises in respect of the rescission of a Part 4A dwelling purchase agreement under section 206JA; or". 571300B.I-15/8/2012 8 BILL LA INTRODUCTION 15/8/2012

 


 

Residential Tenancies and Other Consumer Acts Amendment Bill 2012 Part 2--Miscellaneous Amendments to the Residential Tenancies Act 1997 s. 12 12 General power of Tribunal to make determinations After section 472(1)(db) of the Residential Tenancies Act 1997 insert-- "(dc) to require the refund of money paid under a 5 rescinded Part 4A dwelling purchase agreement; (dd) for the return of a Part 4A dwelling under a rescinded Part 4A dwelling purchase agreement;". __________________ 571300B.I-15/8/2012 9 BILL LA INTRODUCTION 15/8/2012

 


 

Residential Tenancies and Other Consumer Acts Amendment Bill 2012 Part 3--Amendments Relating to Registration of Rooming Houses s. 13 PART 3--AMENDMENTS RELATING TO REGISTRATION OF ROOMING HOUSES Division 1--Amendments to the Residential Tenancies Act 1997 5 13 Purpose After section 1(d) of the Residential Tenancies Act 1997 insert-- "(e) to provide for the establishment of the Rooming House Register; and". 10 14 Definitions In section 3(1) of the Residential Tenancies Act 1997 insert the following definitions-- "Council has the same meaning as in section 3(1) of the Local Government Act 1989; 15 proprietor, in relation to a rooming house, means a person providing prescribed accommodation within the meaning of the Public Health and Wellbeing Act 2008, where the prescribed accommodation is a 20 rooming house; registered rooming house means a rooming house registered in accordance with Division 4 of Part 6 of the Public Health and Wellbeing Act 2008 because it is prescribed 25 accommodation within the meaning of that Act; Rooming House Register means the register of rooming houses established under section 142E;". 30 15 Heading to Division 9 For the heading to Division 9 of Part 3 of the Residential Tenancies Act 1997 substitute-- "Division 9--Rooming House Register". 571300B.I-15/8/2012 10 BILL LA INTRODUCTION 15/8/2012

 


 

Residential Tenancies and Other Consumer Acts Amendment Bill 2012 Part 3--Amendments Relating to Registration of Rooming Houses s. 16 16 Unregistered rooming house In section 142D of the Residential Tenancies Act 1997-- (a) for "registered in accordance with Division 4 5 of Part 6 of the Public Health and Wellbeing Act 2008 as prescribed accommodation within the meaning of that Act" substitute "a registered rooming house"; 10 (b) for "municipal council" substitute "Council". 17 New sections 142E to 142L inserted After section 142D of the Residential Tenancies Act 1997 insert-- 15 "142E Establishment of Rooming House Register (1) The Director must establish and maintain a register of rooming houses, to be known as the Rooming House Register. (2) The purpose of the Rooming House Register 20 is to provide a consolidated State-wide register of information held by Councils about rooming houses-- (a) to assist the Director to monitor compliance with this Act and the 25 regulations; and (b) to assist Councils to monitor compliance with Part 6 of the Public Health and Wellbeing Act 2008 and regulations made under that Act to the 30 extent that that Part and those regulations apply to rooming houses; and (c) to promote compliance with section 142D; and 571300B.I-15/8/2012 11 BILL LA INTRODUCTION 15/8/2012

 


 

Residential Tenancies and Other Consumer Acts Amendment Bill 2012 Part 3--Amendments Relating to Registration of Rooming Houses s. 17 (d) to enable research into, and evaluation of, the State's rooming house sector; and (e) to assist the public to identify registered 5 rooming houses and the proprietors of registered rooming houses. 142F Information to be included in Rooming House Register (1) The Rooming House Register is to contain 10 the following information in respect of each registered rooming house-- (a) the particulars prescribed under the Public Health and Wellbeing Act 2008 for the purposes of section 71(c) 15 of that Act in relation to the registration of rooming houses; (b) the information required under section 71(ca) of the Public Health and Wellbeing Act 2008; 20 (c) the conditions (if any) imposed under section 73(2) of the Public Health and Wellbeing Act 2008 to which a registration is subject; (d) the date of expiry of the registration; 25 (e) if applicable, the date of, and grounds for, the cancellation, suspension, transfer or variation of registration of the rooming house under section 76 of the Public Health and Wellbeing Act 30 2008; (f) the contact details of the owner of the rooming house premises; 571300B.I-15/8/2012 12 BILL LA INTRODUCTION 15/8/2012

 


 

Residential Tenancies and Other Consumer Acts Amendment Bill 2012 Part 3--Amendments Relating to Registration of Rooming Houses s. 17 (g) the contact details of the proprietor of the rooming house; (h) any other prescribed particulars. (2) The Rooming House Register is to contain 5 the following information in respect of each rooming house for which registration has been cancelled or refused to be renewed-- (a) the information referred to in subsection (1)(a) and (b); 10 (b) the date of expiry of the registration before it was cancelled or renewal of that registration was refused; (c) the date of, and grounds for, the cancellation or refusal to renew 15 registration of the rooming house under section 76 of the Public Health and Wellbeing Act 2008. (3) The Rooming House Register may contain the following information in respect of each 20 rooming house for which an application for registration has been refused to be issued-- (a) the date of the application for registration; (b) the address of the rooming house; 25 (c) the reasons for the refusal of registration; (d) if the applicant is a body corporate, its name and ABN or ACN; (e) if the applicant is an individual, the 30 applicant's name and ABN or date of birth. 571300B.I-15/8/2012 13 BILL LA INTRODUCTION 15/8/2012

 


 

Residential Tenancies and Other Consumer Acts Amendment Bill 2012 Part 3--Amendments Relating to Registration of Rooming Houses s. 17 (4) The Director may record information in the Rooming House Register about an exemption granted by the Director to a rooming house owner from a rooming house 5 standard. 142G Compilation of information for inclusion in Rooming House Register (1) In accordance with subsections (3) and (4), a Council must enter in the Rooming House 10 Register the information required under section 142F(1) or (2) for-- (a) each registered rooming house located in the Council's municipal district; and (b) each rooming house located in the 15 Council's municipal district for which registration has been cancelled or refused to be renewed. (2) A Council may enter in the Rooming House Register the information specified in section 20 142F(3) for each rooming house located in the Council's municipal district for which an application for registration has been refused to be issued. (3) The information required to be entered under 25 subsection (1) must be entered at the time the Council issues, renews, transfers, varies, cancels, refuses to renew or suspends registration of a rooming house in accordance with Division 4 of Part 6 of the 30 Public Health and Wellbeing Act 2008. (4) Despite subsection (3), information relating to a rooming house that is a registered rooming house on the date of commencement of this section must be 35 entered in the Rooming House Register within 2 months from that date. 571300B.I-15/8/2012 14 BILL LA INTRODUCTION 15/8/2012

 


 

Residential Tenancies and Other Consumer Acts Amendment Bill 2012 Part 3--Amendments Relating to Registration of Rooming Houses s. 17 142H Form of Rooming House Register (1) The Rooming House Register may be kept in any form the Director considers appropriate. (2) The Director may publish the Rooming 5 House Register, or any details in the Rooming House Register, in any manner or form that the Director considers appropriate. 142I Rooming House Register--Access and amendment 10 (1) The Director has access to the Rooming House Register and must allow a Council to have access to the Rooming House Register. (2) A Council may amend or revoke an entry in the Rooming House Register relating to a 15 rooming house located in the Council's municipal district if the Council considers the amendment or revocation is necessary in order to maintain the accuracy of the information contained in the entry. 20 (3) The Director may amend information relating to a rooming house recorded by the Director under section 142F(4) if the Director considers the amendment is necessary in order to maintain the accuracy 25 of the information. 142J Inspection of Rooming House Register (1) The Director must allow any of the following persons to inspect the Rooming House Register for the purposes of carrying out that 30 person's functions or duties-- (a) the Secretary to the Department of Justice; (b) the Secretary to the Department of Human Services; 571300B.I-15/8/2012 15 BILL LA INTRODUCTION 15/8/2012

 


 

Residential Tenancies and Other Consumer Acts Amendment Bill 2012 Part 3--Amendments Relating to Registration of Rooming Houses s. 17 (c) the Secretary to the Department of Health; (d) a person employed under Part 3 of the Public Administration Act 2004 in the 5 Department of Justice, the Department of Human Services or the Department of Health. (2) Subject to subsection (3), the Director may permit a member of the public to inspect, 10 free of charge, the following information in the Rooming House Register about each registered rooming house-- (a) the address of the registered rooming house; 15 (b) if the proprietor of the registered rooming house is a body corporate, its name and its ABN or ACN; (c) if the proprietor of the registered rooming house is an individual, the 20 person's name and, if applicable, the person's ABN; (d) any other prescribed information. (3) A member of the public is not entitled to inspect the following information-- 25 (a) information that has been restricted from public access under section 142K; (b) information referred to in section 142F(3). 142K Restriction on access to personal 30 information (1) This section applies to personal information in the Rooming House Register that the Director may make available for inspection under section 142J(2). 571300B.I-15/8/2012 16 BILL LA INTRODUCTION 15/8/2012

 


 

Residential Tenancies and Other Consumer Acts Amendment Bill 2012 Part 3--Amendments Relating to Registration of Rooming Houses s. 17 (2) An individual who is an applicant for the issue, renewal or transfer of a registration of a rooming house under section 71 of the Public Health and Wellbeing Act 2008 or 5 the proprietor of a registered rooming house may apply to the Director to restrict public access to some or all of that individual's personal information to which this section applies. 10 Example An individual may wish his or her name to be restricted from access by the public. (3) On receiving an application under subsection (2), the Director may restrict public access to 15 some or all of that personal information if the Director is satisfied that exceptional circumstances exist justifying the restriction of public access to that personal information. (4) The Director may restrict public access 20 under subsection (3) for the period, and on the conditions, that the Director thinks fit. (5) If the Director is satisfied that it is in the public interest that restricted personal information be released to a person who 25 applies for the release of that information, the Director may release some or all of the information to that person on any conditions that the Director thinks fit. (6) If the Director decides to release restricted 30 personal information under subsection (5), the Director must give written notice of that decision to the individual whose restricted personal information is to be released. 571300B.I-15/8/2012 17 BILL LA INTRODUCTION 15/8/2012

 


 

Residential Tenancies and Other Consumer Acts Amendment Bill 2012 Part 3--Amendments Relating to Registration of Rooming Houses s. 17 (7) The Director must not release restricted personal information without the consent of the individual whose personal information is restricted unless-- 5 (a) at least 28 days have passed since the Director gave written notice under subsection (6) of the decision to release the information; and (b) either-- 10 (i) the individual has not applied to the Tribunal for a review of the decision; or (ii) the Tribunal has upheld the Director's decision to release the 15 restricted information. (8) In this section-- personal information has the same meaning as in section 3 of the Information Privacy Act 2000. 20 142L Rights of review (1) A person whose interests are affected by a decision of the Director under section 142K may apply to the Tribunal for a review of that decision. 25 (2) An application for review under subsection (1) must be lodged with the Tribunal within 28 days after the later of-- (a) notice of the decision was given; or (b) if, under section 45 of the Victorian 30 Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the 571300B.I-15/8/2012 18 BILL LA INTRODUCTION 15/8/2012

 


 

Residential Tenancies and Other Consumer Acts Amendment Bill 2012 Part 3--Amendments Relating to Registration of Rooming Houses s. 18 person is informed under section 46(5) of that Act that a statement of reasons will not be given.". 18 Regulations 5 After section 511(1)(g) of the Residential Tenancies Act 1997 insert-- "(ga) prescribing particulars to be included in, and other matters in relation to, the Rooming House Register;". 10 Division 2--Amendments to the Public Health and Wellbeing Act 2008 19 Application for registration After section 71(c) of the Public Health and See: Act No. Wellbeing Act 2008 insert-- 46/2008. Reprint No. 1 15 "(ca) containing the following information if the as at 1 July 2011 application relates to registration of a and rooming house-- amending Act Nos (i) if the applicant is a body corporate, its 56/2011, 80/2011 and ABN or ACN; 27/2012. LawToday: 20 (ii) if the applicant is an individual, the www. applicant's ABN or his or her date of legislation. vic.gov.au birth;". 20 Powers of the Council In section 73(1)(c) of the Public Health and 25 Wellbeing Act 2008 after "regulations" insert "or any applicable regulations made under Division 8 of Part 3 of the Residential Tenancies Act 1997". 571300B.I-15/8/2012 19 BILL LA INTRODUCTION 15/8/2012

 


 

Residential Tenancies and Other Consumer Acts Amendment Bill 2012 Part 3--Amendments Relating to Registration of Rooming Houses s. 21 21 New section 73A inserted After section 73 of the Public Health and Wellbeing Act 2008 insert-- "73A Information to be provided for Rooming 5 House Register (1) For the purposes of Division 9 of Part 3 of the Residential Tenancies Act 1997, a Council-- (a) must enter in the Rooming House 10 Register any information required under Division 9 of Part 3 of that Act in relation to a rooming house-- (i) that is registered under this Division; or 15 (ii) for which registration is cancelled or refused to be renewed; and (b) may enter in the Rooming House Register any information specified in section 142F(3) of that Act for each 20 rooming house located in the Council's municipal district for which registration has been refused to be issued under this Division. (2) In this section, Rooming House Register 25 means the Rooming House Register within the meaning of section 3(1) of the Residential Tenancies Act 1997.". 22 Powers of a Council in respect of registration After section 76(2)(a) of the Public Health and 30 Wellbeing Act 2008 insert-- "(ab) if the application relates to registration of a rooming house, the applicant, registration holder, prescribed accommodation or the premises do not meet or comply with any 571300B.I-15/8/2012 20 BILL LA INTRODUCTION 15/8/2012

 


 

Residential Tenancies and Other Consumer Acts Amendment Bill 2012 Part 3--Amendments Relating to Registration of Rooming Houses s. 23 applicable regulations made under Division 8 of Part 3 of the Residential Tenancies Act 1997;". 23 Service of notices, orders and other documents 5 In section 221(8) of the Public Health and Wellbeing Act 2008 after "does" insert "not". __________________ 571300B.I-15/8/2012 21 BILL LA INTRODUCTION 15/8/2012

 


 

Residential Tenancies and Other Consumer Acts Amendment Bill 2012 Part 4--Amendments to the Business Licensing Authority Act 1998 s. 24 PART 4--AMENDMENTS TO THE BUSINESS LICENSING AUTHORITY ACT 1998 24 Delegation by Authority See: For section 11(a) of the Business Licensing Act No. 5 49/1998. Authority Act 1998 substitute-- Reprint No. 2 as at "(a) a prescribed power or function; and". 1 July 2008 and amending Act Nos 11/2010, 63/2010 and 21/2012. LawToday: www. legislation. vic.gov.au 25 New Part 4 inserted After Part 3 of the Business Licensing Authority Act 1998 insert-- 10 "PART 4--GENERAL 26 Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to 15 be prescribed or necessary to be prescribed to give effect to this Act. (2) Regulations made under this Act may-- (a) be of general or limited application; (b) differ according to differences in time, 20 place or circumstance; (c) apply at all times or specified times; 571300B.I-15/8/2012 22 BILL LA INTRODUCTION 15/8/2012

 


 

Residential Tenancies and Other Consumer Acts Amendment Bill 2012 Part 4--Amendments to the Business Licensing Authority Act 1998 s. 25 (d) confer a discretionary authority or impose a duty on a specified person or body or specified classes of person or body. 5 __________________". __________________ 571300B.I-15/8/2012 23 BILL LA INTRODUCTION 15/8/2012

 


 

Residential Tenancies and Other Consumer Acts Amendment Bill 2012 Part 5--Amendment to the Consumer Affairs Legislation Amendment s. 26 (Reform) Act 2010 PART 5--AMENDMENT TO THE CONSUMER AFFAIRS LEGISLATION AMENDMENT (REFORM) ACT 2010 26 Sale of land prior to approval of plan See: In section 57(2) of the Consumer Affairs Act No. 5 63/2010 Legislation Amendment (Reform) Act 2010, in and proposed section 9AA(1A) of the Sale of Land amending Act Nos Act 1962, for "include on the front page of that 63/2010, contract, a" substitute "contain a conspicuous". 72/2010, 29/2011, 36/2011 and 21/2012. LawToday: www. legislation. vic.gov.au __________________ 571300B.I-15/8/2012 24 BILL LA INTRODUCTION 15/8/2012

 


 

Residential Tenancies and Other Consumer Acts Amendment Bill 2012 Part 6--Amendment to the Sale of Land Act 1962 s. 27 PART 6--AMENDMENT TO THE SALE OF LAND ACT 1962 27 Rescission of prescribed contract In section 9AE of the Sale of Land Act 1962 for See: Act No. "9AA" substitute "9AA(1) or (2)". 6975. Reprint No. 14 as at 17 March 2011 and amending Act Nos 54/2010, 63/2010, 31/2011, 21/2012 and 35/2012. LawToday: www. legislation. vic.gov.au __________________ 571300B.I-15/8/2012 25 BILL LA INTRODUCTION 15/8/2012

 


 

Residential Tenancies and Other Consumer Acts Amendment Bill 2012 Part 7--Repeal of Amending Act s. 28 PART 7--REPEAL OF AMENDING ACT 28 Repeal of amending Act This Act is repealed on 1 July 2015. 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). 571300B.I-15/8/2012 26 BILL LA INTRODUCTION 15/8/2012

 


 

Residential Tenancies and Other Consumer Acts Amendment Bill 2012 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 571300B.I-15/8/2012 27 BILL LA INTRODUCTION 15/8/2012

 


 

 


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