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Consumer Legislation Amendment
Bill 2019
Introduction Print
EXPLANATORY MEMORANDUM
General
The object of this Bill is to amend a number of consumer Acts to make
miscellaneous amendments to improve their operation.
Clause Notes
Part 1--Preliminary
Clause 1 sets out the main purposes of the Bill, which are to--
amend the Australian Consumer Law and Fair
Trading Act 2012 to make amendments consequential
to the commencement of the Treasury Laws
Amendment (Australian Consumer Law Review)
Act 2018 of the Commonwealth; and
amend the Domestic Building Contracts Act 1995
to--
streamline referrals of domestic building work
disputes to Domestic Building Dispute
Resolution Victoria; and
further improve the issuing of certificates of
conciliation and dispute resolution orders; and
further improve the assessment of domestic
building work by assessors; and
empower the chief dispute resolution officer to
approve forms, approve conciliation rules and
appoint conciliators and assessors; and
591053 1 BILL LA INTRODUCTION 11/9/2019
give assessors statutory immunity from civil
liability for acts or omissions done in good faith;
and
empower the Director of Consumer Affairs
Victoria to pay money out of the Domestic
Building Dispute Resolution Victoria Trust Fund
on the recommendation of the chief dispute
resolution officer; and
amend the Fundraising Act 1998 to provide for the
recognition as fundraisers of entities registered under
the Australian Charities and Not-for-Profits
Commission Act 2012 of the Commonwealth and make
other minor amendments; and
amend the Residential Tenancies Act 1997 to--
clarify the agreements to which that Act applies;
and
provide for the early commencement of
provisions about the keeping of pets;
provide for the Solar Homes Program; and
make further amendments consequential to the
enactment of the Residential Tenancies
Amendment Act 2018; and
amend the Residential Tenancies Amendment
Act 2018 to--
provide for the Solar Homes Program; and
make further amendments and to clarify the
operation of various amendments in that Act; and
amend the Sex Work Act 1994 to clarify what
information may be obtained from the exempt register
under section 24 of that Act and by whom.
Clause 2 sets out the scheme of commencement for the provisions of the
Bill. It provides that--
Part 1, sections 50, 51, 52, 53 and 54, Part 6 and Part 7
come into operation on the day after the day on which
the Act receives the Royal Assent; and
2
subject to subsection (3), the remaining provisions of
the Act come into operation on a day or days to be
proclaimed; and
if a provision referred to in subsection (2) does not
come into operation before 31 August 2020, it comes
into operation on that day.
Part 2--Amendment of Australian Consumer Law and Fair
Trading Act 2012
Clause 3 inserts new section 126A into the Australian Consumer Law
and Fair Trading Act 2012. Section 126A provides that the
Director of Consumer Affairs may use their powers under
section 125 and section 126 of the Australian Consumer Law
and Fair Trading Act 2012 to obtain information and
documents and evidence if the Director believes that a person is
capable of providing information, producing documents or giving
evidence that may assist the Director in investigating or inquiring
into the terms of a consumer contract for the purposes of
determining whether or not to make an application to the court
under section 250 of the Australian Consumer Law (Victoria) for
a declaration--
as if a reference in section 125 to monitoring
compliance with the Australian Consumer Law and
Fair Trading Act 2012 or the regulations made under
that Act were a reference to investigating or inquiring
into the terms of a consumer contract or small business
contract for the purposes of determining whether or not
to make an application to the court under section 250 of
the Australian Consumer Law (Victoria); and
as if a reference in section 126 to a matter that
constitutes, or may constitute, a contravention of the Act
were a reference to investigating or inquiring into the
terms of a consumer contact or a small business contract
for the purposes of determining whether or not to make
an application to the court under section 250 of the
Australian Consumer Law (Victoria).
Clause 4 amends section 209(1) of the Australian Consumer Law and
Fair Trading Act 2012 to substitute "section 125, 126, 126A"
for "section 125, 126,".
3
Clause 5 substitutes section 215 of the Australian Consumer Law and
Fair Trading Act 2012.
Substituted section 215(1) provides that in a proceeding against a
person under section 216 or section 217 of the Australian
Consumer Law and Fair Trading Act 2012, a finding of fact
made by a court or an admission of any fact made by the person
before the court is evidence of the fact if the finding or admission
is made in a proceeding under section 201, 210, 210A or 211 in
which the person has been found to have contravened, or to have
been involved in a contravention of, a provision of the
Australian Consumer Law and Fair Trading Act 2012
(other than the Australian Consumer Law (Victoria).
Substituted section 215(2) provides that in a proceeding against a
person under section 236, 237, 238 or 239 of the Australian
Consumer Law (Victoria), a finding of fact made by a court is
evidence of the fact if the finding is made in a proceeding under
section 228, 232, 233, 234, 237, 246, 247 or 248 or any provision
of Chapter 4 of that Law in which the person has been found to
have contravened, or to have been in contravention of, the
Australian Consumer Law (Victoria)
Substituted section 215(3) provides that in a proceeding against a
person under section 236, 237, 238 or 239 of the Australian
Consumer Law (Victoria), an admission of any fact made by the
person before a court is evidence of that fact if the admission is
made in a proceeding under section 201, 210, 210A or 211 in
which the person has been found to have contravened or to have
been involved in a contravention of the Australian Consumer
Law and Fair Trading Act 2012 (other than the Australian
Consumer Law (Victoria)).
Substituted section 215(4) provides that a finding of fact referred
to in section 215(1) or (2) may be proved by production of a
document under the seal of the court from which the finding
appears.
Substituted section 215(5) provides that an admission of a fact
referred to in section 215(1) or (3) may be proved by the
production of a document from which the admission appears that
is filed in the court.
4
Part 3--Amendment of Domestic Building Contracts Act 1995
Clause 6 amends section 45(2)(a) of the Domestic Building Contracts
Act 1995 to substitute "chief dispute resolution officer" for the
word "Director" and amends section 45(2)(c) of that Act to omit
"(if known)".
Clause 7 amends section 45BA(1) of the Domestic Building Contracts
Act 1995 to substitute "the chief dispute resolution officer
accepts or rejects the referral under section 45C(2)" for
"a conciliation officer makes a recommendation under
section 45C(1) in respect of that referral".
Clause 8 makes a number of amendments to section 45C of the Domestic
Building Contracts Act 1995--
Clause 8(1) repeals section 45C(1) of the Domestic
Building Contracts Act 1995.
Clause 8(2) amends section 45C(2) of the Domestic
Building Contracts Act 1995 to substitute "The" for
the words "After considering the recommendation made
by the conciliation officer, the".
Clause 8(3) inserts new paragraph 45C(3)(e) into the
Domestic Building Contracts Act 1995. New
paragraph 45C(3)(e) provides that the chief dispute
resolution officer may assess a referred dispute as not
suitable for conciliation if the dispute relates to a
construction contract within the meaning of section 4 of
the Building and Construction Industry Security of
Payment Act 2002 where the building owner is in the
business of building residences and the contract is
entered into in the course of, or in connection with, that
business and one of the following applies--
the dispute is the subject of an adjudication
application under Division 2 of Part 3 of that Act
which is yet to be determined;
the dispute is the subject of a review under
Division 2A of Part 3 of that Act which is yet to
be determined;
the dispute has been resolved under that Act;
5
Clause 9 amends section 45F of the Domestic Building Contracts
Act 1995 by inserting new subsections (4A), (4B), (4C) and (4D)
into that section.
New section 45F(4A) provides that within 10 days after receiving
a certificate of conciliation under section 45F(4), the referring
party may make a written submission to the chief dispute
resolution officer in relation to the chief dispute resolution
officer's decision to issue the certificate of conciliation.
New section 45F(4B) provides that on receiving a written
submission under section 45F(4A), the chief dispute resolution
officer must ensure that a conciliation officer--
reviews the submission; and
makes a recommendation to the chief dispute resolution
officer to confirm or revise the chief dispute resolution
officer's decision to issue the certificate of conciliation.
New section 45F(4C) provides that after considering the
conciliation officer's recommendation under section 45F(4B), the
chief dispute resolution officer may confirm or revise their
decision to issue the certificate of conciliation.
New section 45F(4D) provides that the chief dispute resolution
officer must give written notice to the referring party of a
decision under section 45F(4C) within 10 business days after the
decision is made.
Clause 10 inserts new section 46AA into the Domestic Building Contracts
Act 1995.
New section 46AA(1) provides that for the purposes of
conducting a conciliation conference under Division 3 of Part 4
of the Domestic Building Contracts Act 1995, a conciliation
officer may--
make any inquiries or obtain any information the
conciliation officer considers necessary; and
ask a party to the dispute to provide further information
or documents relating to the dispute.
New section 46AA(2) provides that a conciliation officer may fix
a time for compliance with a request under section 46AA (1)(b)
and may extend that time at the request of the party.
6
Clause 11 amends section 46B(3) and (4) of the Domestic Building
Contracts Act 1995. Clause 11--
amends section 46B(3) to substitute "chief dispute
resolution officer" for "Director"; and
amends section 46B(4) to substitute--
"chief dispute resolution officer" for "Director";
and
"Domestic Building Dispute Resolution
Victoria's website" for "the Consumer Affairs
Victoria website".
Clause 12 repeals section 46D of the Domestic Building Contracts
Act 1995. Repeal of section 46D removes the requirement,
where a domestic building work dispute has been accepted for
conciliation but has not been resolved, to give notice to each
party to a domestic building dispute that the chief dispute
resolution officer proposes to issue a certificate of conciliation in
relation to the dispute.
Clause 13 amends section 46E of the Domestic Building Contracts
Act 1995. Clause 13(1) amends section 46E(1) of the Domestic
Building Contracts Act 1995 to substitute "as soon as
practicable" for the words "after considering any submissions
received within the time required under section 46D". This
amendment is consequential upon the repeal of section 46D to be
effected by clause 12 of the Bill.
Clause 13(2) substitutes section 46E(2)(c) of the Domestic
Building Contracts Act 1995. Substituted section 46E(2)(c)
requires that a certificate of conciliation must state that the
dispute has not been resolved under one of the following
grounds--
the dispute was not resolved by conciliation;
the dispute is no longer suitable for conciliation;
there is contested non-compliance with a record of
agreement or a dispute resolution order.
Clause 13(3) repeals section 46E(5) consequential upon the
repeal of section 46D to be effected by clause 12 of the Bill.
7
Clause 14 amends section 48 of the Domestic Building Contracts
Act 1995. Clause 14(1) amends section 48(1) of the Domestic
Building Contracts Act 1995 to omit the requirement that the
Director may appoint an assessor on the recommendation of the
chief dispute resolution officer to simply provide, that the chief
dispute resolution officer may appoint an assessor.
Clause 14(2) amends section 48(2)(b) of the Domestic Building
Contracts Act 1995 to substitute "chief dispute resolution
officer" for "Director".
Clause 15 substitutes section 48B(2) of the Domestic Building Contracts
Act 1995 and inserts new section 48B(3) into that Act.
Substituted section 48B(2) provides that a direction by the chief
dispute resolution officer to an assessor must be in writing and
require the assessor to examine the domestic building work--
to determine whether the domestic building work
performed by the builder is defective or incomplete; or
to determine whether the domestic building work has
been carried out; or
to determine whether the domestic building work has
been carried out in order to satisfy the conditions set for
payment by a building owner of an amount into the
Domestic Building Dispute Resolution Trust Fund in
accordance with a dispute resolution order under
section 49C(1)(b); or
for any other purpose reasonably necessary to further
the resolution of a domestic building work dispute.
New section 48B(3) provides that if, as a result of the assessor's
inquiry to determine whether domestic building work performed
by the builder is defective or incomplete under section 48B(2)(a),
the assessor believes that the domestic building work is defective
or incomplete, the assessor must estimate the number of business
days required to rectify or complete the work.
Clause 16 inserts new section 48BA into the Domestic Building Contracts
Act 1995. New section 48BA(1) provides that an assessor is not
personally liable for anything done or omitted to be done in good
faith--
8
in the exercise of a power or the discharge of a duty
under this Act; or
in the reasonable belief that the act or omission was in
the exercise of a power or the discharge of a duty under
this Act.
New section 48BA(2) provides that any liability resulting from
an act or omission that, but for section 48BA(1) would attach to
an assessor, attaches instead to the State.
Clause 17 amends section 48O of the Domestic Building Contracts
Act 1995 which provides for a report of an examination of
domestic building work by an assessor.
Clause 17(1) substitutes "chief dispute resolution officer" for
"Director" in section 48O(2).
Clause 17(2) inserts new section 48O(6A). New section
48O(6A) provides that a written submission made by a party to a
dispute under subsection 48O(6) must--
be in a form approved by the chief dispute resolution
officer; and
relate to the reasons and findings contained in the
assessor's report of the result of the examination.
Clause 18 substitutes section 49(1)(b) of the Domestic Building Contracts
Act 1995. Substituted section 49(1)(b) provides that the chief
dispute resolution officer may issue a dispute resolution order to
a builder or building owner if the chief dispute resolution officer
is satisfied that--
the parties have not resolved the dispute; or
the parties have consented to the making of the dispute
resolution order.
Clause 19 inserts new paragraphs (ab) and (ac) into section 49C(1) of the
Domestic Building Contracts Act 1995.
New section 49C(1)(ab) provides that a dispute resolution order
may require a builder to pay an amount of money to the building
owner for completion or rectification of the domestic building
work under the contract or any part of the contract.
9
New section 49C(1)(ac) provides that a dispute resolution order
may require a builder to pay an amount of money to the building
owner in relation to a claim or entitlement arising under the
domestic building contract or any part of the contract.
Clause 20 omits the word "only" in section 49J(2) of the Domestic
Building Contracts Act 1995.
Clause 21 substitutes section 49M of the Domestic Building Contracts
Act 1995. Substituted section 49M provides that in making a
decision on a request to amend or cancel a dispute resolution
order under section 49J, the chief dispute resolution officer--
must consider the extent to which any defective or
incomplete domestic building work specified in the
dispute resolution order has been rectified or completed;
and
may consider--
the conduct of the parties; and
if section 49J(2) applies, any change in the
nature of the dispute or the circumstances of the
parties since the assessor gave a copy of the
assessor's report to the chief dispute resolution
officer under Division 5 of the Domestic
Building Contracts Act 1995; and
any other matter the chief dispute resolution
officer considers relevant.
Clause 22 amends section 49S of the Domestic Building Contracts
Act 1995.
Clause 22(1) substitutes section 49S(1). Substituted
section 49S(1) provides that--
if a building owner gives notice to the chief dispute
resolution officer under section 49R, the chief dispute
resolution officer may--
rely on a statement from the builder that the
builder has failed to rectify defective domestic
building work or complete domestic building
work in accordance with the dispute resolution
order; or
10
direct an assessor to examine the work required
to be carried out under the dispute resolution
order.
Clause 22(2) amends section 49S(2) to substitute "If the chief
dispute resolution officer makes a direction under subsection
(1)(b), the assessor" for "The assessor".
Clause 23 amends section 49T of the Domestic Building Contracts
Act 1995 to substitute "The" for "On receiving a report under
section 49S, the".
Clause 24 makes a number of amendments to section 49U of the Domestic
Building Contracts Act 1995.
Clause 24(1) substitutes section 49U(1). Substituted section
49U(1) provides that subject to section 49T, the chief dispute
resolution officer must issue a breach of dispute resolution order
notice if--
the chief dispute resolution officer receives a report
form an assessor under section 49S(2) that states that
the builder has failed to comply with a dispute
resolution order; or
the builder provides a statement referred to in
section 49S(1)(a) that the builder has failed to rectify
defective domestic building work or complete domestic
building work in accordance with the dispute resolution
order; or
the building owner provides a statement that the
building owner has failed to pay an amount of money
in accordance with a dispute resolution order under
section 49C(1)(a) or (b); or
the builder provides a statement that the builder has
failed to pay an amount of money to the building owner
in accordance with a dispute resolution order under
section 49C(1)(ab) or (ac); or
the building owner has failed to pay an amount of
money in accordance with a dispute resolution order
under section 49C(1)(a) or (b).
11
Clause 24(2) amends section 49U(2) of the Domestic Building
Contracts Act 1995 to substitute "the builder and the building
owner" for "each party to the domestic building work dispute".
Clause 24(3) substitutes section 49U(3) of the Domestic
Building Contracts Act 1995. Substituted section 49U(3)
provides that a breach of dispute resolution order notice must
state that--
in the case of a notice under subsection (1)(a), (b),
or (d), the builder may apply to VCAT for a review of
the decision to issue the notice and the time within
which the application may be made; or
in the case of a notice under subsection (1)(c) or (e), the
building owner may apply to VCAT for a review of the
decision to issue the notice and the time within which
the application may be made.
Clause 24(4) substitutes section 49U(4) of the Domestic
Building Contracts Act 1995. Substituted section 49U(4)
provides that a breach of dispute resolution order notice takes
effect in relation to the builder or the building owner immediately
on being served on the builder and the building owner under
section 49U(2).
Clause 24(5) amends section 49U(5) of the Domestic Building
Contracts Act 1995 to substitute "If the chief dispute resolution
officer issues a breach of dispute resolution order notice under
subsection (1)(a), (b), or (d), the chief" for "The chief".
Clause 24(6) inserts new section 49U(7A) into the Domestic
Building Contracts Act 1995. New section 49U(7A) provides
that if--
the building owner has failed to pay an amount of
money in accordance with a dispute resolution order
under section 49C(1)(a) or (b); and
the chief dispute resolution officer receives a report
from an assessor under section 49S(2) that states that
the builder has not failed to rectify defective domestic
building work in accordance with the dispute resolution
order--
12
The chief dispute resolution officer may recover the costs of the
assessor's report from the building owner in any court of
competent jurisdiction as a debt due to the State.
Clause 25 amends section 49W(1)(c) of the Domestic Building Contracts
Act 1995 to insert "to the extent possible in the circumstances"
after "dispute" (where secondly occurring).
Clause 26 substitutes section 49X of the Domestic Building Contracts
Act 1995.
Substituted section 49X(1) provides--
a builder may, by written notice to the chief dispute
resolution officer and the building owner, end a
domestic building contract for domestic building work
that is the subject of a dispute resolution order if--
a copy of a breach of dispute resolution order
notice has been served under section 49U(2) in
relation to a failure by the building owner; and
either--
the period within which the building
owner could apply to VCAT for review of
the decision to issue the notice has ended
an application for review has not been
made; or
the building owner has applied to VCAT
for a review of the decision to issue the
notice and the decision has been affirmed;
and
the builder has complied with any dispute
resolution order issued to the builder in
relation to the domestic building work
dispute to the extent possible in the
circumstances; and
the builder has complied with any
conditions required to be complied with
by the builder before the building owner
is required to comply with the dispute
resolution order.
13
Substituted section 49X(2) provides that if a builder ends a
domestic building contract under section 49X, the builder is
released from any further performance of the contract.
Clause 27 inserts a new section 51B into the Domestic Building Contracts
Act 1995.
New section 51B(1) provides that section 51B applies if--
a party to a domestic building work dispute has paid
money into the Domestic Building Dispute Resolution
Victoria Trust Fund under section 51A(1); and
the parties to the domestic building work dispute are
unable to agree to give written notice to the Director
under section 51A(4).
New section 51B(2) provides that the Director, on the
recommendation of the chief dispute resolution officer, may pay
some or all of the money out of the Fund.
New section 51B(3) provides that in making a recommendation
to the Director under section 51B(2), the chief dispute resolution
officer must be satisfied that--
the conditions for the payment of that amount out of the
Fund under section 51A(2)(b) have been met; and
payment of that amount out of the Fund is appropriate;
and
failure to pay that amount out of the Fund would be
unfair and cause detriment to at least one of the parties
to the domestic building work dispute.
New section 51B(4) provides that if the Director proposes to pay
money out of the Fund in accordance with section 51B(2), the
Director must give written notice to the parties to the domestic
building work dispute of the intention to pay that amount out of
the Fund.
New section 51B(5) provides a notice under section 51B(4) must
state that a party to the domestic building work dispute may
apply to VCAT within 10 business days after receiving the notice
for review of the decision to pay money out of the Fund.
14
Clause 28 amends section 52E of the Domestic Building Contracts
Act 1995 to substitute "chief dispute resolution officer" for
"Director".
Clause 29 repeals section 52G of the Domestic Building Contracts
Act 1995.
Clause 30 amends section 65 of the Domestic Building Contracts
Act 1995 by--
in section 65(1) inserting "or 51B" after "section 49G";
and
in section 65(2) inserting "or 51B (as the case requires)"
after "section 49G".
Clause 31 amends section 122(1)(b) of the Domestic Building Contracts
Act 1995 to insert "or the chief dispute resolution officer" after
"Director".
Part 4--Amendment of Fundraising Act 1998
Clause 32 inserts a number of new definitions into section 3 of the
Fundraising Act 1998--
Commissioner of the ACNC has the same meaning as
Commissioner has in the Commonwealth ACNC Act;
Commonwealth ACNC Act means the Australian
Charities and Not-for-profits Commission Act 2012 of
the Commonwealth;
Commonwealth registered entity means an entity
registered under Part 2-1 of the ACNC Act;
deemed registered fundraiser means a Commonwealth
registered entity that is taken to be registered as a
fundraiser under section 23AB of the Fundraising
Act 1998.
Clause 32 also amends the definition of unincorporated
organisation to substitute the word "persons" for "people".
Clause 33 makes minor amendments to section 4(9) of the Fundraising
Act 1998 to insert "under section 21, 33M or 77" after the second
occurrence of the word "fundraiser" in that provision.
15
Clause 34 amends section 5 of the Fundraising Act 1998 to omit the word
"or" in section 5(3)(a)(ii) and in section 5(3)(e) to substitute the
word "persons" for "people" wherever the latter word occurs.
Clause 35 amends section 10(1)(b)(ii) of the Fundraising Act 1998 to
substitute the word "persons" for "people".
Clause 36 makes a number of amendments to section 18 of the Fundraising
Act 1998 to--
substitute the word "persons" for "people" in
sections 18(2)(g)(iii), 18(3) and 18(4); and
amend section 18(4)(a) to omit "also" and substitute
"persons" for the words "of them".
Clause 37 inserts new Division 2AA--Commonwealth Registered Entities
into Part 3 of the Fundraising Act 1998. New Division 2AA
consists of sections 23AB to 23AI.
New section 23AB provides--
if a Commonwealth registered entity gives notice to the
Director of its intention to conduct a fundraising appeal
in Victoria, the Director is taken to have registered the
entity as a fundraiser under section 19 of the
Fundraising Act 1998;
a notice under section 23AB(1) must be in a form
approved by the Director;
a Commonwealth registered entity is taken to be
registered as a fundraiser under section 23AB on and
from the date on which the Director receives a notice
under section 23AB(1); and
Divisions 1, 2, 2A and 7 of Part 3 of the Fundraising
Act 1998 do not apply to a deemed registered
fundraiser.
New section 23AC provides that the registration of a deemed
registered fundraiser remains in force until--
the Director deregisters the deemed registered
fundraiser under section 33N of the Fundraising
Act 1998; or
16
the deemed registered fundraiser's registration under
Part 2-1 of the Commonwealth ACNC Act is revoked.
New section 23AD(1) provides that if a deemed registered
fundraiser retains a commercial fundraiser to administer all or
part of a fundraising appeal, the deemed registered fundraiser
must notify the Director in writing within 28 days after entering
into the retention agreement with the commercial fundraiser.
Contravention of section 23AD(1) is an offence punishable, in
the case of a corporation, by 240 penalty units, and in any other
case by 120 penalty units or imprisonment for 12 months or both.
New section 23AD(2) provides that a deemed registered
fundraiser must notify the Director in writing within 28 days after
becoming aware of the occurrence of specified events--
the deemed registered fundraiser becomes an insolvent
under administration or an externally administered body
corporate; or
the deemed registered fundraiser is found guilty of a
disqualifying offence.
Failure to comply with section 23AD(2) is an offence punishable,
in the case of a corporation, by a fine of 240 penalty units, and in
any other case, a fine of 120 penalty units or imprisonment for
12 months or both.
New section 23AE(1) provides that at any time after receiving a
notice under section 23AB, the Director may impose or vary a
condition on a deemed registered fundraiser in relation to the
conduct of the deemed registered fundraiser--
of fundraising appeals generally; or
of any fundraising appeal being conducted or to be
conducted by the deemed registered fundraiser.
New section 23AE(2) provides that the Director may impose a
condition that has immediate effect if, in the Director's opinion,
there is a significant risk that an act or omission may occur that is
significantly contrary to the public interest if the condition did
not take effect immediately.
17
Section 23AE(3) provides that unless section 23AE(2) applies,
the Director--
must give the deemed registered fundraiser a written
notice--
setting out the conditions the Director wishes to
impose or vary and the reasons why the Director
wishes to impose or vary the conditions; and
inviting the deemed registered fundraiser to
comment on the proposed conditions within a
time specified in the notice; and
must consider any comments made by the deemed
registered fundraiser within the specified time.
New section 23AE(4) provides that the Director must not
specify a period of less than 7 days in a notice given under
section 23AE(3)(a).
New section 23AE(5) provides that if the Director decides to
impose or vary a condition after considering any comments, they
must give the deemed registered fundraiser a second written
notice setting out the conditions and stating that the conditions
apply from the date specified in the notice.
New section 23AE(6) provides that for the purposes of section
23AE(5) the Director must not specify a date before the date on
which a notice under section 23AE(5) is given to the deemed
registered fundraiser.
New section 23AE(7) provides that the Director may impose or
vary a condition in a notice given under section 23AE(5) that
differs from the conditions set out in the notice given under
section 23AE(3)(a) if--
the differences result from complying with any
comments made under section 23AE(3)(b); or
the differences are minor in nature.
New section 23AE(8) provides that any guidelines issued under
section 19C apply to conditions imposed under section 23AE on
a deemed registered fundraiser.
18
New section 23AE(9) provides that section 23A applies to a
deemed registered fundraiser as if--
a reference to a registered fundraiser were a reference to
a deemed registered fundraiser; and
a reference to section 19C or 23 were a reference to
section 23AE.
New section 23AE(10) provides that the Director, by written
notice to the deemed registered fundraiser, may revoke any
condition imposed under section 23AE.
New section 23AF(1) provides that Part 2 of the Fundraising
Act 1998 applies to a deemed registered fundraiser as if--
a reference to a registered fundraiser were a reference to
a deemed registered fundraiser; and
a reference to conditions or obligations imposed under
section 19C or 23 were a reference to a condition
imposed under section 23AE; and
a reference to the fundraiser's registration were a
reference to the fundraiser's deemed registration under
section 23AB.
New section 23AF(2) provides that Division 3 of Part 3 of the
Fundraising Act 1998 applies to a deemed registered fundraiser
as if--
a reference to a registered fundraiser were a reference to
a deemed registered fundraiser; and
a reference to a condition or an obligation imposed
under section 19C or 23 were a reference to information
notified under section 23AB; and
in section 26(3) in the definition of beneficiary,
paragraph (a) reads--
"(a) any person, thing, cause or class of person for
which the deemed registered fundraiser intends
to conduct a fundraising appeal that is notified to
the Director under section 23AB;".
19
New section 23AF(3) provides that Division 4 of Part 3 of the
Fundraising Act 1998 applies to a deemed registered fundraiser
as if--
a reference to a person who is deregistered as a
fundraiser under Division 7 were a reference to an entity
that is deregistered as a deemed registered fundraiser
under Division 7A; and
a reference to an intended beneficiary were a reference
to any person, thing, cause or class of person for which
the deemed registered fundraiser intends to conduct a
fundraising appeal that is notified to the Director under
section 23AB.
New section 23AF(4) provides that section 34 of the
Fundraising Act 1998 applies to a deemed registered fundraiser
as if--
a reference to registration obtained under this Act were
a reference to a deemed registration obtained under
section 23AB; and
a reference to a registered fundraiser were a reference to
a deemed registered fundraiser.
New section 23AF(5) provides that section 61A of the
Fundraising Act 1998 applies to a deemed registered fundraiser
as if a reference to deregistration were a reference to
deregistration as a deemed registered fundraiser.
New section 23AF(6) provides that section 70A of the
Fundraising Act 1998 applies to a deemed registered fundraiser
as if a reference to registered fundraisers were a reference to
deemed registered fundraisers.
New section 23AF(7) provides that section 74 of the
Fundraising Act 1998 applies to a deemed registered fundraiser
as if a reference to registered fundraisers were a reference to
deemed registered fundraisers.
New section 23AG(1) provides that the Director may suspend a
deemed registration of a Commonwealth registered entity under
section 23AB if they are satisfied that--
the deemed registered fundraiser has contravened a
provision of the Fundraising Act 1998; or
20
the proceeds of an appeal conducted by the deemed
registered fundraiser in Victoria have been mismanaged
or misapplied; or
the deemed registered fundraiser has paid an excessive
commission or other remuneration to a collector or
commercial fundraiser that administers part or all of an
appeal in Victoria on behalf of the deemed registered
fundraiser; or
the deemed registered fundraiser has contravened a
condition imposed on its deemed registration by the
Director; or
any other circumstances exist that justify the
suspension.
New section 23AG(2) provides that before suspending a deemed
registration under section 23AG(1), the Director--
must give the deemed registered fundraiser a written
notice--
stating that the Director is considering whether to
suspend the deemed registration and the reasons
why the Director is considering doing so; and
inviting the deemed registered fundraiser to
make a submission on the proposed suspension
within a time specified in the notice; and
must consider any submission made by the deemed
registered fundraiser within the specified time.
New section 23AG(3) provides that the Director must not
specify a period of less than 7 days in a notice given under
section 23AG(2)(a).
New section 23AG(4) provides that if the Director decides to
suspend a deemed registration of a Commonwealth registered
entity after considering a submission under section
23AG(2)(a)(ii), the Director must give the deemed registered
fundraiser a second written notice which states--
that the registration of the deemed registered fundraiser
is suspended and the reasons for the suspension; and
when the suspension begins; and
21
the period of the suspension; and
any conditions to which the suspension is subject.
New section 23AG(5) provides that a date specified under
section 23AG(4)(b) must not be less than 28 days after the date
on which the notice under section 23AG(4) is given to the
deemed registered fundraiser.
New section 23AG(6) provides that a suspension under
section 23AG remains in force until--
the end of the period specified by the Director under
section 23AG(4)(c); or
the Director gives notice that the suspension has ended.
New section 23AH(1) provides that if the Director suspends a
Commonwealth registered entity's deemed registration under
section 23AG, the entity must cease any fundraising activities
that it was undertaking in Victoria immediately before the
suspension took effect. Contravention of this provision is an
offence punishable--
in the case of a corporation, by 240 penalty units;
in any other case, by 120 penalty units or imprisonment
for 12 months or both.
New section 23AH(2) provides that if the Director suspends a
Commonwealth registered entity's deemed registration under
section 23AG, the entity must not undertake any new fundraising
activities in Victoria. Contravention of this provision is an
offence punishable--
in the case of a corporation, by 240 penalty units;
in any other case, by 120 penalty units or imprisonment
for 12 months or both.
New section 23AH(3) provides that if the Director suspends a
Commonwealth registered entity's deemed registration under
section 23AG, the entity must give the Director an inventory of
the assets of any fundraising appeal being conducted in Victoria
by the entity within 3 working days after the suspension takes
effect. Contravention of this provision is an offence
punishable--
22
in the case of a corporation, by 240 penalty units;
in any other case, by 120 penalty units or imprisonment
for 12 months or both.
New section 23AH(4) provides that if the Director suspends a
Commonwealth registered entity's deemed registration under
section 23AG, the entity must not, without the Director's written
consent, pay out or otherwise distribute or deal with any asset
obtained as a result of any fundraising appeal conducted in
Victoria during the period of its deemed registration.
Contravention of this provision is an offence punishable--
in the case of a corporation, 240 penalty units;
in any other case, by 120 penalty units or imprisonment
for 12 months or both.
New section 23AI provides that the Director may enter into an
agreement with the Commissioner of the ACNC in relation to--
the manner in which a Commonwealth registered entity
provides information for the purposes of the
Fundraising Act 1998; and
the provision of information obtained under the
Commonwealth ACNC Act to the Director for the
purposes of the Fundraising Act 1998.
Clause 38 amends section 27(2)(c) of the Fundraising Act 1998 to
substitute the word "persons" for "people".
Clause 39 amends section 30(1)(d)(ii) of the Fundraising Act 1998 to
substitute the word "person" for "people".
Clause 40 inserts new Division 7A of Part 3 into the Fundraising
Act 1998. New Division 7A provides for deregistration
of deemed registered fundraisers under the Fundraising
Act 1998.
New section 33N(1) provides that the Director, by written notice,
may deregister a Commonwealth registered entity as a deemed
registered fundraiser if the Director is satisfied that--
the deemed registered fundraiser has contravened a
provision of the Act; or
23
the proceeds of an appeal conducted by the deemed
registered fundraiser in Victoria have been mismanaged
or misapplied; or
the deemed registered fundraiser has paid an excessive
commission or other remuneration to a collector or
commercial fundraiser that administers part or all of an
appeal in Victoria on behalf of the deemed registered
fundraiser; or
the deemed registered fundraiser has contravened a
condition imposed on its registration by the Director; or
any other circumstances exist that justify the
deregistration.
New section 33N(2) provides that before deregistering a
Commonwealth registered entity as a deemed registered
fundraiser under section 33N(1), the Director--
must give the deemed registered fundraiser a written
notice--
stating that the Director is considering whether to
deregister the deemed registered fundraiser and
the reasons why the Director is considering
doing so; and
inviting the deemed registered fundraiser to
make a submission on the proposed
deregistration within a time specified in the
notice; and
must consider any submission made by the deemed
registered fundraiser within the specified time.
New section 33N(3) provides that the Director must not
specify a period of less than 7 days in a notice given under
section 33N(2)(a).
New section 33N(4) provides that if the Director decides to
suspend a deemed registration of a Commonwealth registered
entity after considering a submission made under section
33N(2)(a)(ii), the Director must give the Commonwealth
registered entity a second written notice that states--
24
that the deemed registered fundraiser is deregistered for
the purposes of the Fundraising Act 1998 and the
reasons for the deregistration; and
when the deregistration takes effect; and
any conditions with which the Commonwealth
registered entity must comply before the entity may give
any further notice under section 23AB(1).
New section 33N(5) provides that a date specified under
section 33N(4)(b) must not be less than 28 days after the
date on which the notice under section 33N(4) is given to
the Commonwealth registered entity.
New section 33O(1) provides that if the Director deregisters a
Commonwealth registered entity under section 33N, the entity
must cease any fundraising activities that the entity was
undertaking in Victoria immediately before the deregistration
took effect. Contravention of this provision is an offence
punishable--
in the case of a corporation, by 240 penalty units;
in any other case, by 120 penalty units or imprisonment
for 12 months or both.
New section 33O(2) provides that if the Director deregisters a
Commonwealth registered entity under section 33N, the entity
must not undertake any new fundraising activities in Victoria.
Contravention of this provision is an offence punishable--
in the case of a corporation, by 240 penalty units;
in any other case, by 120 penalty units or imprisonment
for 12 months or both.
New section 33O(3) provides that if the Director deregisters a
Commonwealth registered entity under section 33N, the entity
must give the Director an inventory of the assets of any
fundraising appeal being conducted in Victoria by the entity
within 3 working days after the suspension takes effect.
Contravention of this provision is an offence punishable--
in the case of a corporation, by 240 penalty units;
in any other case, by 120 penalty units or imprisonment
for 12 months or both.
25
New section 33O(4) provides that if the Director deregisters a
Commonwealth registered entity under section 33N, the entity
must not, without the Director's written consent, pay out or
otherwise distribute or deal with any asset obtained as a result of
any fundraising appeal conducted in Victoria during the period
of its deemed registration. Contravention of this provision is an
offence punishable--
in the case of a corporation, by 240 penalty units;
in any other case, by 120 penalty units or imprisonment
for 12 months or both.
New section 33P(1) provides that if the Director deregisters a
Commonwealth registered entity under section 33N, the Director
may prohibit the entity from giving any further notice under
section 23AB(1)--
for a period specified by the Director; or
until the Director advises the entity in writing that the
entity may give notice under section 23AB(1).
New section 33P(2) provides that for the purposes of
section 33P(1)(b), the Director must consider the
Commonwealth registered entity's compliance with any
conditions specified in section 33N(4)(c).
Clause 41 amends section 36(1)(b) of the Fundraising Act 1998 to
substitute the word "persons" for "people".
Clause 42 amends section 61D of the Fundraising Act 1998.
Clause 42(1) amends the heading to section 61D to substitute
"an infringement" for "a".
Clause 42(2) substitutes section 61D(1). Substituted section
61D(1) provides that an authorised officer may serve an
infringement notice on a person who the authorised officer has
reason to believe has committed an offence against--
a provision of the Fundraising Act 1998 specified in
the Schedule to the Fundraising Act 1998; or
a provision of the Fundraising Act 1998 or the
regulations prescribed as an infringement offence.
26
Clause 43 amends section 70 of the Fundraising Act 1998 to substitute the
word "persons" for "people".
Clause 44 makes a number of amendments to section 71 of the Fundraising
Act 1998.
Clause 44(1) amends section 71(1)(b) to substitute the word
"person" for "people".
Clause 44(2) inserts new section 71(1)(c). New section 71(1)(c)
authorises regulations to be made to prescribe infringement
offences against a provision of the Fundraising Act 1998 or the
regulations for the purposes of section 61D.
Clause 44(3) inserts new section 71(1)(db). New section
71(1)(db) authorises regulations to be made to prescribe matters
in relation to the registration of a Commonwealth registered
entity under the Fundraising Act 1998.
Clause 44(4) substitutes section 71(2)(c). Substituted section
71(2)(c) authorises regulations to be made to prescribe
infringement penalties, including different penalties for different
classes of persons.
Clause 44(5) amends section 71(2)(d) to substitute the word
"person" for "people".
Clause 45 amends the Schedule to the Fundraising Act 1998 to insert
"Section 9(2)".
Part 5--Amendment of Residential Tenancies Act 1997
Division 1--Amendments relating to pets
Clause 46 inserts a definition of pet into section 3(1) of the Residential
Tenancies Act 1997. Pet is defined to mean any animal other
than an assistance dog within the meaning of the Equal
Opportunity Act 2010.
Clause 47 inserts new Division 5B--Pets into Part 2 of the Residential
Tenancies Act 1997.
New section 71A provides that a tenant may keep a pet at rented
premises if--
the landlord has consented in writing to the tenant
keeping the pet on the premises; or
27
VCAT has made an order permitting the tenant to keep
the pet on the rented premises.
A Note following section 71A provides that a landlord is taken to
have consented to a request to keep a pet on the rented premises
unless, within 14 days of being given the request, the landlord
makes an application to VCAT--see section 71C(2).
New section 71B(1) provides that a tenant who requests the
landlord's consent to keep a pet on the rented premises must do
so in the form approved by the Director.
Section 71B(2) provides that a tenant who makes a request under
section 71B(1) must give the request to the landlord.
New section 71C(1) provides that a landlord must not
unreasonably refuse to consent to the tenant keeping a pet on the
rented premises.
Section 71C(2) provides that the landlord is taken to have
consented to a request to keep a pet on the rented premises
unless, within 14 days after being given the request, the landlord
applies to VCAT under section 71D.
New section 71D(1) provides that a landlord may apply to VCAT
for an order that it is reasonable for the landlord to refuse consent
to keep the pet on the rented premises.
Section 71D(2) provides that a landlord who reasonably believes
a tenant is keeping a pet on the rented premises without the
landlord's consent may apply to VCAT for an order to exclude
the pet from the rented premises.
New section 71E(1) provides that on an application made under
section 71D, VCAT may make--
an order that the tenant is permitted to keep the pet on
the rented premises; or
if satisfied that it is reasonable to refuse consent to the
keeping of the pet on the rented premises, the
following--
an order that it is reasonable to refuse consent to
the keeping of the pet on the rented premises;
an order excluding the pet from the rented
premises.
28
Section 71E(2) provides that in determining an application under
section 71D, VCAT may have regard to the following matters--
the type of pet the tenant proposes to keep, or is
keeping, on the rented premises;
the character and nature of the rented premises;
the character and nature of the appliances, fixtures and
fittings on the rented premises;
whether refusing consent to keep the pet on rented
premises is permitted under any Act;
any prescribed matters;
any other matter VCAT considers relevant.
Section 71E(3) provides that if VCAT makes an order excluding
the pet from the rented premises, VCAT must specify the date on
which the order takes effect.
Clause 48 inserts new section 262AA into the Residential Tenancies
Act 1997.
Section 262AA(1) provides that a landlord may give a tenant a
notice to vacate rented premises if--
VCAT has made an order under section 71E excluding a
pet from the rented premises; and
at least 14 days have passed since the order took effect;
and
the tenant has not complied with the order.
Section 262AA(2) provides that the notice under section
262AA(1) must specify a date that is not less than 28 days after
the day on which the notice is given.
Clause 49 inserts new section 533 into the Residential Tenancies act 1997.
Section 533 provides that Division 5B of Part 2, as inserted by
the Consumer Legislation Amendment Act 2018, does not
apply to a tenancy agreement in existence before the
commencement of that Division, unless the tenant, on or after
that commencement, introduces or wishes to keep a pet at the
rented premises.
29
Clause 50 repeals the proposed definition of pet in section 3(1) of the
Residential Tenancies Act 1997 in section 5(1) of the
Residential Tenancies Amendment Act 2018.
Clause 51 makes a number of amendments to section 61 of the Residential
Tenancies Amendment Act 2018--
the heading to section 61 of the Residential Tenancies
Amendment Act 2018 is substituted to read
"Division 5B of Part 2 substituted";
the words "for Division 5B of Part 2 of the Principal Act
substitute--" are substituted for "After section 71 of
the Principal Act insert--";
in proposed section 71E(1)(a) of the Residential
Tenancies Act 1997 the words "the pet" are substituted
for "a pet".
Clause 52 repeals clause 17 of Division 5 to Schedule 1 of the Residential
Tenancies Act 1997. This repeal is consequential upon the
insertion of new section 533 into the Residential Tenancies
Act 1997 by clause 49.
Division 2--Other amendments
Clause 53 amends section 7 of the Residential Tenancies Act 1997 to
insert new subsections (2) and (3). New subsections (2) and (3)
clarify the status of certain leasing arrangements entered into by
the Director of Housing and the Secretary to the Department of
Health and Human Services.
Subsection (2) provides that the Residential Tenancies Act 1997
does not apply to an agreement where the Director of Housing or
the Secretary to the Department of Health and Human Services or
a registered housing agency within the meaning of the Housing
Act 1983 leases premises to a person or other entity who--
does not reside in the premises; and
uses the premises to provide residential accommodation
to any other person.
Subsection (3) provides that the Residential Tenancies Act 1997
does not apply to an agreement under which the Director of
Housing leases a share in premises to the co-owner of the
premises.
30
Clause 54 makes a number of amendments to section 14 of the Residential
Tenancies Act 1997. Clause 54--
inserts "Prescribed premises and prescribed agreements"
as the heading;
substitutes "an" for "a tenancy" in subsection (1); and
substitutes "an" for "a tenancy" in subsection (2).
Clause 55 inserts a Note at the foot of section 60. The Note provides--
"This section is a duty provision and a contravention of this
section may be dealt with as a breach of duty under Part 5 and
other provisions of this Act."
Clause 56 amends section 142L(1) of the Residential Tenancies Act 1997
to insert after "142K", "or 142KA".
Clause 57 repeals section 385 of the Residential Tenancies Act 1997.
This repeal is consequential to the amendments to Part 9 of the
Residential Tenancies Act 1997 set out in Part 11 of the
Residential Tenancies Amendment Act 2018.
Clause 58 amends section 413(2) of the Residential Tenancies Act 1997 to
substitute the term "Authority" for "Director".
Clause 59 amends section 431 of the Residential Tenancies Act 1997 by
inserting new paragraph (cc). New paragraph (cc) provides that
it is a function of the Residential Tenancies Bond Authority to
disclose information (including names of persons) referred to in
paragraph (ca) to the Director, for the purpose of the Director
carrying out any function under the Residential Tenancies
Act 1997, whether that information was collected before, on or
after the commencement of that paragraph.
Clause 60 inserts new subsections (1A) and (1B) into section 472 of the
Residential Tenancies Act 1997.
Subsection (1A) provides that, without limiting section 472,
VCAT, on an application or in a proceeding before it for a
contravention of section 30E, may make any orders it thinks fit,
including the following--
an order terminating the tenancy agreement;
an order requiring the payment of compensation to any
person.
31
Subsection (1B) provides that subsection (1A)(a) applies despite
the operation of section 91B of the Residential Tenancies
Act 1997.
Part 6--Amendment of Residential Tenancies Amendment
Act 2018
Clause 61 makes a number of amendments to section 5 of the Residential
Tenancies Amendment Act 2018.
Subclause (1) amends section 5(1) of the Residential Tenancies
Amendment Act 2018 to insert new paragraph (a)(iii) of the
proposed definition of duty provision in section 3(1) of the
Residential Tenancies Act 1997 "any provision of Division 5A
of Part 2; or".
Subclause (2) amends section 5(1) of the Residential Tenancies
Amendment Act 2018 in the proposed definition of efficiency
rating system in section 3(1) of the Residential Tenancies
Act 1997 to substitute "129(4), 164(1), 181, 188(3), 188A(3)"
for "181".
Subclause (3) amends section 5(2) of the Residential Tenancies
Amendment Act 2018 to omit "standard form tenancy
agreement,".
Clause 62 makes a number of amendments to section 21 of the Residential
Tenancies Amendment Act 2018.
Subclause (1) amends section 21 of the Residential Tenancies
Amendment Act 2018 to insert at the foot of proposed
section 30B of the Residential Tenancies Act 1997 the
following penalty--
Penalty: 60 penalty units in the case of a natural person;
300 penalty units in the case of a body corporate.
Subclause (2) amends section 21 of the Residential Tenancies
Amendment Act 2018 to insert at the foot of proposed
section 30C of the Residential Tenancies Act 1997 the
following penalty--
Penalty: 60 penalty units in the case of a natural person;
300 penalty units in the case of a body corporate.
32
Subclause (3) amends section 21 of the Residential Tenancies
Amendment Act 2018 to omit from proposed section 30D(d) of
the Residential Tenancies Act 1997 the words "operator of the".
Subclause (4) amends section 21 of the Residential Tenancies
Amendment Act 2018 to insert at the foot of proposed
section 30D of the Residential Tenancies Act 1997 the
following penalty--
Penalty: 60 penalty units in the case of a natural person;
300 penalty units in the case of a body corporate.
Subclause 62(5) amends section 21 of the Residential Tenancies
Amendment Act 2018 to insert at the foot of proposed
section 30E of the Residential Tenancies Act 1997 the
following penalty--
Penalty: 60 penalty units in the case of a natural person;
300 penalty units in the case of a body corporate.
Clause 63 amends section 23(1)(b) of the Residential Tenancies
Amendment Act 2018 to substitute "renter"; for "renter" to
facilitate the insertion of new paragraph (c) to provide for a new
section 34(1)(a).
Subclause (2) inserts new section 23(1)(c) into the Residential
Tenancies Amendment Act 2018. New section 23(1)(c)
provides for section 34(1)(a) of the Residential Tenancies
Act 1997 to be substituted with the following paragraph--
"(a) has paid a bond for the initial residential rental
agreement under which the amount of rent payable
for one week does not exceed the amount prescribed
for the purposes of section 31, and".
Clause 64 inserts new section 41(2)(ab) into the Residential Tenancies
Amendment Act 2018. New section 41(2)(ab) substitutes
"water, electricity, or gas supplied" for "water supplied".
Subclause 2 inserts "prescribed level of" after "above a" in
section 41(2)(b) of the Residential Tenancies Amendment
Act 2018.
33
Clause 65 substitutes section 57(1) of the Residential Tenancies
Amendment Act 2018 with the following subsection--
'(1) In the heading to section 69 of the Principal Act--
(a) for "Landlord" substitute "Residential rental
provider";
(b) omit "water".'.
Subclause (2) inserts the words "prescribed level of" after
"above a" in section 57(2)(c) of the Residential Tenancies
Amendment Act 2018.
Clause 66 amends section 63(3) of the Residential Tenancies Amendment
Act 2018 by inserting into proposed section 72(3) of the
Residential tenancies Act 1997 "prescribed level of" after
"above a".
Clause 67 substitutes the words "or landlord's" for "or the landlord's" in
section 75(4)(b) of the Residential Tenancies Amendment
Act 2018, which is a statute law revision.
Clause 68 amends section 109(3) of the Residential Tenancies
Amendment Act 2018 to insert in proposed section 129(4) of the
Residential Tenancies Act 1997 after "above a" the words
"prescribed level of".
Clause 69 amends section 129 of the Residential Tenancies Amendment
Act 2018 to insert in proposed section 145E(1)(d) of the
Residential Tenancies Act 1997 the word "prescribed" before
"details" in that provision.
Clause 70 amends section 143 of the Residential Tenancies Amendment
Act 2018 to--
insert the words "prescribed level of" after "above a";
and
insert new subsection (2) which provides in section
164(1) of the Residential Tenancies Act 1997 after
"cost of water" for the insertion of ", gas or electricity".
Clause 71 amends section 158(1) of the Residential Tenancies
Amendment Act 2018 to substitute '(3)''' with '(3), a caravan'".
Clause 72 amends section 159(2) of the Residential Tenancies
Amendment Act 2018 to substitute "186(2)" for "186(1)".
34
Clause 73 amends section 154 of the Residential Tenancies Amendment
Act 2018 to--
insert new subsection (1A), which amends section 181
of the Residential Tenancies Act 1997 to insert after
"supplies water" the words ", gas or electricity".
insert after "above a" in section 154(2) of the
Residential Tenancies Amendment Act 2018,
"prescribed level of".
Clause 74 amends section 160(2) of the Residential Tenancies
Amendment Act 2018 by inserting into proposed section 188(3)
of the Residential Tenancies Act 1997 after "above a" (where
twice occurring) the words "prescribed level of".
Clause 75 amends section 161 of the Residential Tenancies Amendment
Act 2018 in proposed section 188A(3) of the Residential
Tenancies Act 1997 by--
substituting "a prescribed efficiency" for "an efficiency"
(where first occurring); and
substituting "the efficiency" for "an efficiency"
(where secondly occurring); and
inserting "prescribed level of" after "above a"
(where twice occurring).
Clause 76 makes a number of amendments to section 176 of the
Residential Tenancies Amendment Act 2018 by--
substituting "7A" for "9" in the heading to section 176
of the Residential Tenancies Act 1997;
substituting "206A" for "198" in section 176 of the
Residential Tenancies Act 1997;
substituting "7A" for "9" in the heading to proposed
Division 9 of Part 4 of the Residential Tenancies
Act 1997;
substituting "198A" for "206BAA" in the heading to
proposed section 206BAA of the Residential
Tenancies Act 1997;
35
substituting "198B" for "206BAB" in the heading to
proposed section 206 BAB of the Residential
Tenancies Act 1997.
Clause 77 amends section 183 of the Residential Tenancies Amendment
Act 2018 in proposed section 206JF(1)(e)of the Residential
Tenancies Act 1997 by inserting before "details" the word
"prescribed".
Clause 78 inserts new subsection (2) into section 185 of the Residential
Tenancies Amendment Act 2018. New subsection (2)
substitutes section 206N(a) of the Residential Tenancies
Act 1997.
Substituted section 206N(a) provides that a person must not
demand or accept a bond for a subsequent site agreement under
which a site tenant continues in occupation of a Part 4A site if
that site tenant has paid a bond for the initial site agreement
under which the amount of rent payable for one week does not
exceed the prescribed amount.
Clause 79 amends section 216 of the Residential Tenancies Amendment
Act 2018 by inserting in proposed section 206ZZAA(3) of the
Residential Tenancies Act 1997 "prescribed level of" after
"above a".
Clause 80 substitutes section 227 of the Residential Tenancies
Amendment Act 2018. Substituted section 227--
amends section 208(2)(b) of the Residential Tenancies
Act 1997 to substitute "damage, if any" for "damage";
amends section 208(2)(c) of the Residential Tenancies
Act 1997 to--
substitute in section 208(2)(c)(i) "possible; and"
for "possible; or"
substitute in section 208(2)(c)(ii) "owed, if the
breach has resulted in loss or damage to that
person" for "owed".
36
inserts a Note following section 208(2)(f) of the
Residential Tenancies Act 1997 which provides--
Section 506(1)(da) provides that a document to be
served on or given to a person under this Act may be
served or given by electronic communication in
accordance with the Electronic Transactions
(Victoria) Act 2000.
Clause 81 amends section 232 of the Residential Tenancies Amendment
Act 2018 by substituting in the note at the foot of proposed
section 211A(3) of the Residential Tenancies Act 1997 "91ZH"
for "242".
Clause 82 makes a number of amendments to section 236 of the
Residential Tenancies Amendment Act 2018 by--
in proposed section 91ZB(1)(a) of the Residential
Tenancies Act 1997, substituting "91ZZD", 91ZZDA"
for "91ZZD";
in proposed section 91ZM(7) of the Residential
Tenancies Act 1997 in the definition of occasion of
non-payment of rent substituting "owes" for "is given a
notice to vacate under this section for owing";
inserting after proposed section 91ZZD of the
Residential Tenancies Act 1997 new section 91ZZDA.
New section 91ZZDA(1) provides that a residential rental
provider under a fixed term residential rental agreement for a
fixed term of more than 5 years, before the end of the term of the
residential rental agreement, may give the renter a notice to
vacate the rented premises at the end of the initial fixed term.
New subsection (2) provides that the notice under section
91ZZDA(1) must specify a termination date that is on or after
the date of the end of the initial fixed term.
New subsection (3) provides that the notice must be given--
not less than the prescribed period before the end of the
initial fixed term; or
if no period has been prescribed, 90 days before the end
of the initial fixed term.
37
New subsection (4) provides that in new section 91ZZDA initial
fixed term includes any extension of the initial fixed term agreed
to by the residential rental provider and the renter under the
residential rental agreement.
Clause 82 also amends section 236 of the Residential Tenancies
Amendment Act 2018 by--
substituting in proposed section 91ZZI(1) and (2) of the
Residential Tenancies Act 1997 "91ZZD, 91ZZDA"
for "91ZZD"; and
in section 236 of the Residential Tenancies Act 1997,
in proposed section 91ZZI(4), (5(a) and 5(b) of the
Residential Tenancies Act 1997, substituting
"91ZZD or 91ZZDA" for "91ZZD".
Clause 83 inserts new section 240A into the Residential Tenancies
Amendment Act 2018. New section 240A provides that on the
coming into operation of Schedule 1 to the Residential
Tenancies Amendment Act 2018, each provision of the
Principal Act, or each heading of a provision of the Principal Act,
specified in that item is amended as set out in the item.
Clause 84 amends section 255 of the Residential Tenancies Amendment
Act 2018 by amending proposed section 368(2A)(b) of the
Residential Tenancies Act 1997 by substituting "to commit" for
"commit".
Clause 85 amends section 286 of the Residential Tenancies Amendment
Act 2018 by--
in the penalty at the foot of proposed section 411(5) of
the Residential Tenancies act 1997, substituting
"units." for 'units.".'; and
inserting a Note at the foot of proposed section 411 of
the Residential Tenancies Act 1997 which provides--
Section 506(1)(da) provides that a document to be
served on or given to a person under this Act may be
served or given by electronic communication in
accordance with the Electronic Transactions
(Victoria) Act 2000.
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Clause 86 amends section 287 of the Residential Tenancies Amendment
Act 2018 to--
insert a Note at the foot of proposed section 411A of the
Residential Tenancies Act 1997 which provides--
Section 506(1)(da) provides that a document to be
served on or given to a person under this Act may be
served or given by electronic communication in
accordance with the Electronic Transactions
(Victoria) Act 2000; and
in proposed section 411AD(1) of the Residential
Tenancies Act 1997, substituting the words "notice in a
form approved by the Authority" for "notice".
Clause 87 repeals section 342(13) and (14) of the Residential Tenancies
Amendment Act 1998 consequential upon the amendments to
section 14 of the Residential Tenancies Act 1997 made by
clause 54.
Clause 88 makes a statute law revision to section 365(1) of the Residential
Tenancies Amendment Act 2018 to substitute "(d);". for "(d)."
in paragraph (e) of the proposed definition of residential rental
provider.
Clause 89 inserts new subsection (1A) into section 366 of the Residential
Tenancies Amendment Act 2018. New subsection (1A)
substitutes "residential rental" for the term "tenancy" in
section 472(1A)(a) of the Residential Tenancies Act 1997.
Clause 90 inserts, after Part 20 of the Residential Tenancies Amendment
Act 2018, a new Schedule 1--Consequential amendments arising
from repeal of Part 6 of the Principal Act.
New Schedule 1 will make a range of consequential amendments
to the Residential Tenancies Act 1997 to correct section cross
referencing on the repeal of Part 6 of the Residential Tenancies
Act 1997 and the insertion of new Divisions into Parts 2, 3, 4
and 4A of that Act which address termination.
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Part 7--Amendment of Residential Tenancies Act 1997 and
Residential Tenancies Amendment Act 2018--Solar Homes
Program
Division 1--Amendments of Residential Tenancies Act 1997
Clause 91 amends section 3(1) of the Residential Tenancies Act 1997 to
insert the following definitions--
solar energy system means--
(a) solar photovoltaic system;
(b) solar hot water system;
(c) solar battery system;
(d) any combination of a system or systems referred to in
paragraphs (a) to (c);
(e) any ancillary equipment related to a system referred to
in paragraphs (a) to (d);
Solar Homes Program means the program administered by the
Minister administering section 8 of the Renewable Energy
(Jobs and Investment) Act 2017 under which rebates or loans or
both rebates and loans are provided for the installation of any
solar energy system.
Clause 92 amends section 52 of the Residential Tenancies Act 1997 to
substitute the words "Subject to section 53AA, a tenant" for
"A tenant".
Clause 93 amends section 53(1) of the Residential Tenancies Act 1997 to
substitute the words "Subject to section 53AA, a landlord" for
"A landlord".
Clause 94 inserts new section 53AA into the Residential Tenancies
Act 1997.
New section 53AA(1) provides that a landlord and tenant may
enter an agreement under which the tenant is liable for an amount
in relation to the costs and charges for the installation of a solar
energy system under the Solar Homes Program.
New section 53AA(2) provides that an agreement under
subsection 53AA(1) must be consistent with the Solar Homes
Program.
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Clause 95 inserts new subsection (2) after subsection 419(1) of the
Residential Tenancies Act 1997. New subsection 419(2)
provides that a landlord is not entitled to claim an amount of
bond for an amount owing or payable to the landlord under an
agreement referred to in section 53AA.
Division 2--Amendment of Residential Tenancies Amendment
Act 2018
Clause 96 amends section 38 of the Residential Tenancies Amendment
Act 2018 by substituting in proposed section 52 of the
Residential Tenancies Act 1997 the words "Subject to
section 53AA, a renter" for "A renter".
Clause 97 amends section 40 of the Residential Tenancies Amendment
Act 2018 by substituting "Before section 54" for "After
section 53".
Clause 98 amends section 287 of the Residential Tenancies Amendment
Act 2018 by inserting at the end of proposed section 411AB new
subsection 411AB(2).
New section 411AB(2) provides that a residential rental provider
is not entitled to claim an amount of bond for an amount owing
or payable to the residential rental provider under an agreement
referred to in section 53AA.
Clause 99 amends section 347 of the Residential Tenancies Amendment
Act 2018 by inserting new subsection (1AA).
New section 347(1AA) will amend section 53AA(1) of the
Residential Tenancies Act 1997 to substitute the term
"residential rental provider" for "landlord" and substitute the term
"renter" for "tenant".
Part 8--Amendment of Sex Work Act 1994
Clause 100 inserts new subsection (3A) into section 24 of the Sex Work
Act 1994. New subsection (3A) provides that the register
referred to in subsection 24(2) is an exempt document within
the meaning of section 5(1) of the Freedom of Information
Act 1982 to which section 38 of that Act applies.
A Note at the foot of new subsection (3A) clarifies that
section 87(2) provides that a person must not record or
divulge information in the register referred to in subsection (2).
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Clause 101 amends section 87 of the Sex Work Act 1994 by--
substituting for section 87(1)(c) the following
paragraphs--
"(c) any person employed under Part 3 of the Public
Administration Act 2004;
(d) the Chairperson, Deputy Chairperson and any
other member of the Business Licensing
Authority appointed under section 5(1) of the
Business Licensing Authority Act 1998;
(e) any other person whose services are being made
use of by the Advisory Committee."
substituting section 87(2) of the Sex Work Act 1994.
Substituted subsection (2) provides that a person bound
by section 87 must not directly or indirectly, except in
the exercise of powers or performance of functions
under or in connection with the Sex Work Act 1994,
make a record of or divulge to any person--
any information that concerns a person and is
acquired in the exercise of those powers or
performance of those functions; or
any information in the register referred to in
section 24(2) of the Sex Work Act 1994,
whether or not that information concerns a
person.
This is a penalty provision with a penalty of 60 penalty
units;
inserting new section 87(2A) which provides that a
police officer does not commit an offence against
subsection (2) if the police officer records or divulges to
any person any information that is in the register
referred to in section 24(2) of the Sex Work Act 1994,
whether or not that information concerns a person, if the
recording or divulging is carried out in the performance
of duties by the police officer under or in connection
with any Act.
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Division 2--Consequential amendment of Business Licensing
Authority Act 1998
Clause 102 inserts new subsection (1A) into section 18 of the Business
Licensing Authority Act 1998. New subsection (1A) provides
that section 18 does not apply to conduct which constitutes an
offence against section 87(2) of the Sex Work Act 1994.
Part 9--Repeal of this Act
Clause 103 provides that the Consumer Legislation Amendment Act 2019
is repealed on 31 August 2021.
A Note following clause 103 clarifies that the repeal of the Act
does not affect the continuing operation of the amendments made
by it and refers readers to section 15(1) of the Interpretation of
Legislation Act 1984.
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