Victorian Current Acts Victorian Current Acts(1) The Registrar may give instructions to a registered agency or the members of the governing body of a registered agency.
(2) The instructions may relate to—
(a) the entering by the registered agency into arrangements that the Registrar considers appropriate with one or more other registered agencies;
(b) the appointment of one or more persons, whom the Registrar considers to be appropriately qualified, to the governing body of the registered agency;
S. 132(2)(ba) inserted by No. 75/2016 s. 8.
(ba) the provision of information or the production of documents to the Registrar in relation to the performance of functions by the registered agency for the purposes of the Victorian Housing Register;
(c) the appointment of an administrator to control and direct the registered agency;
(d) the winding up and distribution of the assets of the registered agency;
(e) any other matter relating to the registered agency that the Registrar thinks fit.
(3) The arrangements under subsection (2)(a) may include, but are not limited to, the following—
S. 132(3)(a) amended by No. 40/2022 s. 40(2).
(a) a transfer to one or more registered agencies of some or all of the land of a registered agency in which Homes Victoria has an interest;
(b) a merger of one or more registered agencies.
(4) The instructions may specify—
(a) the time within which a matter referred to in subsection (2) must be complied with; and
(b) conditions to which that matter is subject, including a requirement for prior approval of the Registrar.
(5) In giving an instruction or an approval under this section, the Registrar must have regard to the interests of the tenants of the registered agency.
(6) The Registrar must take all reasonable steps to consult with the relevant regulatory body before giving any instruction or approval under this section.
(7) The Registrar may consult with the creditors of a registered agency before giving any instruction or approval under this section.
(8) A registered agency must comply with an instruction to it under this section.
(9) A member of the governing body of a registered agency must comply with an instruction to the members of the governing body under this section.
(10) Sections 131(3), 131(4) and 131(5) apply to an appointment made on an instruction under subsection (2)(b) as if it were made on a recommendation under section 131.
(11) Nothing in this section prevents the Registrar from giving more than one set of instructions to a registered agency in relation to the same matter.
(12) In this section—
"merger" includes amalgamation;
S. 132(12) def. of relevant regulatory body amended by Nos 20/2012 s. 226(Sch. 5 item 16(3)), 9/2013 s. 42(Sch. 2 item 11(4)).
"relevant regulatory body" means—
(a) in the case of a registered agency that is an incorporated association, the Registrar of Incorporated Associations under the Associations Incorporation Reform Act 2012 ;
(b) in the case of a registered agency that is a co-operative, the Registrar of Co‑operatives established under the Co‑operatives National Law (Victoria);
(c) in the case of a registered agency that is a corporation, the Australian Securities and Investment Commission.
S. 133 inserted by No. 106/2004 s. 5.