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HOUSING ACT 1983 - SCHEDULE 6

Schedule 6—Standards of habitation

Section 72

Sch. 6 cl. 1 amended by Nos 26/1987 s. 20(a), 20/1996 s. 13(a)(i)(ii), 85/1998 s. 24(Sch. item 34.3).

        1     Lodging of certificates of charge on land with Registrar of Titles

When any land is charged pursuant to subsection (2) of section 67 the Council shall cause a certificate signed by a member of the Council's staff authorised by the Council for that purpose, describing the land charged and stating the amount of the charge, to be lodged with the Registrar of Titles.

Sch. 6 cl. 2 amended by Nos 26/1987 s. 20(a), 20/1996 s. 13(b), substituted by No. 85/1998 s. 24(Sch. item 34.4).

        2     Registration of certificate on title

    (1)     On receipt of a certificate under clause 1 and on payment of the prescribed fee, the Registrar of Titles must make a recording of the certificate in the Register.

    (2)     When the amount of the expenses is paid, the Registrar of Titles, on the request of the Council and on payment of the prescribed fee must make a recording in the Register of the cancellation of the charge.

        3     Enforcement of charge in County Court

For the purpose of enforcing any charge under section 67, proceedings may be had and taken in the County Court and that court may order the sale of the whole or any part of the land subject to the charge and for this purpose the County Court shall have jurisdiction and exercise all the powers and authorities of the Supreme Court in all proceedings under Part IV of the Trustee Act 1958 , notwithstanding the amount or value of the trust estate or fund to which the proceeding relates.

        4     Force and effect of decree or order of County Court

Where pursuant to clause 3 any decree or order of the County Court is made relating to land under the provisions of the Transfer of Land Act 1958 , that decree or order shall, for all the purposes of that Act, have the same force and effect and shall be received, dealt with and given effect to in all respects thereunder as if it were a decree or order of the Supreme Court.

Sch. 6 cl. 5 amended by No. 26/1987 ss 20(a)(b), 21, repealed by No. 20/1996 s. 13(c).

    *     *     *     *     *

        6     Lodging of copy of declaration with Registrar of Titles

Sch. 6 cl. 6(1) amended by Nos 26/1987 s. 20(a)(b)(i)(ii), 85/1998 s. 24(Sch. item 34.5(a)), 40/2022 s. 46.

    (1)     Where Homes Victoria has made a declaration under section 64, Homes Victoria shall, within fourteen days of the making of that declaration, lodge a copy of the declaration with the Registrar of Titles.

Sch. 6 cl. 6(2) amended by Nos 26/1987 s. 20(a), 20/1996 s. 13(d), 85/1998 s. 24(Sch. item 34.5(b)).

    (2)     The Council shall, within fourteen days of any declaration ceasing to operate in respect of any land, lodge with the Registrar of Titles a notice in writing that the declaration has ceased to operate.

Sch. 6 cl. 6(3) amended by Nos 26/1987 s. 21, 18/1989 s. 13(Sch. 2 item 39(b)), 20/1996 s. 13(e), 85/1998 s. 24(Sch. item 34.5(b)).

    (3)     On receipt of a copy of a declaration or of a notice that a declaration has ceased to operate the Registrar of Titles shall make such entries or recordings as he or she thinks necessary or expedient for the purpose of bringing that declaration or notice to the notice of persons who search the title of the land to which the declaration relates and the Registrar of Titles may require such evidence of the identity of any land affected by a declaration or notice lodged under this clause as he or she thinks fit.

        7     Recovery of money owing by owner by attachment of rent payable by occupier

Sch. 6 cl. 7(1) amended by Nos 26/1987 s. 20(a), 20/1996 s. 13(f).

    (1)     Where, under Part VII of this Act, any money is payable to the Council by the owner of any house and the Council is satisfied that the owner is not making satisfactory arrangements for the payment of that money, the Council may, by notice in writing served on the occupier of that house, require that occupier to pay to the Council until such time as the amount of money payable to the Council has been satisfied any money payable by the occupier by way of rent to the owner.

Sch. 6 cl. 7(2) amended by Nos 26/1987 s. 20(a), 20/1996 s. 13(f).

    (2)     The Council shall forward a copy of any notice under subclause (1) to the owner of the house concerned.

    (3)     Any occupier who having the means to comply with any notice under subclause (1) fails to do so shall be guilty of an offence.

Penalty:     1 penalty unit.

Sch. 6 cl. 7(4) amended by Nos 26/1987 s. 20(a), 20/1996 s. 13(f).

    (4)     Any occupier making any payment in pursuance of this clause shall be deemed to have been acting under the authority of the owner and all other persons concerned and is hereby indemnified in respect of that payment and that payment shall be credited against the amount payable by the owner to the Council under Part VII.

Sch. 6 cl. 7(5) amended by Nos 26/1987 s. 20(a), 20/1996 s. 13(f)(g).

    (5)     If the Council receives, otherwise than from the occupier, any payment in respect of the amount payable by the owner to the Council under Part VII it shall forthwith give notice thereof to the occupier.

    (6)     This clause shall be read and construed as in aid of and not in derogation from the provisions of section 67(2).

Sch. 6 cl. 8 amended by No. 20/1996 s. 13(h).

        8     Provisions as to owners who are trustees

Where any owner, being a trustee within the meaning of the Trustee Act 1958 , is directed under Part VII to make any house or land comply with the regulations or to demolish any house, the trustee may, notwithstanding anything to the contrary contained in the instrument (if any) creating the trust—

        (a)     make the house or land comply with those regulations;

        (b)     demolish the house and, if the trustee thinks fit, erect another house in substitution therefor or sell the land on which the house was situated;

        (c)     pay or apply any capital money subject to the trust for or towards any such purpose;

        (d)     raise any money required for or towards any such purpose by sale, conversion, calling in or mortgage of all or any part of the trust property for the time being in possession.

Sch 7 inserted by No. 106/2004 s. 14.



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