Victorian Current Acts Victorian Current ActsS. 498V(1) amended by No. 9/2023 s. 178(2).
(1) A right of entry in respect of an SDA dwelling may be exercised if—
S. 498V(1)(a) amended by Nos 45/2018 s. 382, 9/2023 s. 178(2).
(a) before giving notice of entry, a notice to vacate or a notice of intention to vacate the SDA dwelling had been given and entry is required to show the SDA dwelling to a prospective party to an SDA residency agreement or residential rental agreement in respect of the SDA dwelling; or
S. 498V(1)(b) amended by No. 9/2023 s. 178(2).
(b) the SDA dwelling is to be sold or used as security for a loan and entry is required to show the SDA dwelling to a prospective buyer or lender; or
(c) entry is required to enable the SDA provider to carry out a duty under this Act or any other Act; or
(d) entry is required for valuation purposes; or
S. 498V(1)(e) amended by No. 9/2023 s. 178(2).
(e) entry is required to enable inspection of the SDA dwelling and entry for that purpose has not been made within the last 6 months; or
(f) entry is required to undertake maintenance or repairs or for the purposes of maintenance or repairs.
S. 498V(2) amended by No. 9/2023 s. 178(3).
(2) An SDA provider may enter an SDA dwelling without giving notice of entry only if—
S. 498V(2)(a) amended by No. 19/2019 s. 170(1).
(a) the SDA resident agrees, or if there are multiple SDA residents, all the SDA residents agree to the entry at the time entry is sought; or
(b) there is an emergency; or
S. 498V(2)(c) amended by No. 9/2023 s. 178(3).
(c) if the SDA provider believes on reasonable grounds that entry is necessary to protect the health or safety of the SDA resident or of any other person at the SDA dwelling; or
S. 498V(2)(d) amended by No. 9/2023 s. 178(3).
(d) if the SDA provider believes on reasonable grounds that the SDA resident has abandoned the SDA dwelling; or
(e) it is necessary to do so to undertake urgent repairs.
S. 498V(3) substituted by No. 19/2019 s. 170(2), amended by No. 9/2023 s. 178(4).
(3) A right of entry in respect of an SDA dwelling for a purpose referred to in subsection (1)(a) may only be exercised—
(a) in the period within 21 days before the termination date specified in the notice to vacate or notice of intention to vacate; and
(b) up to twice a week, unless otherwise agreed with the SDA resident or, if there are multiple SDA residents, all the SDA residents; and
(c) for a period of no longer than one hour, unless a longer period is agreed with the SDA resident or, if there are multiple SDA residents, all the SDA residents.
S. 498V(3A) inserted by No. 19/2019 s. 170(3), amended by No. 9/2023 s. 178(5).
(3A) The following apply in respect of entry to an SDA dwelling for a purpose referred to in subsection (1)(b)—
(a) the right of entry may only be exercised—
(i) if the SDA provider has given the SDA resident or, if there are multiple SDA residents, all the SDA residents, notice of intention to sell in the form approved by the Director at least 14 days before entry is proposed; and
S. 498V (3A)(a)(ii) amended by No. 9/2023 s. 178(5).
(ii) if the SDA provider has made all reasonable efforts to agree with the SDA resident or, if there are multiple SDA residents in the SDA dwelling, all the SDA residents, on days and times for the property to be available for inspection; and
S. 498V (3A)(a)(iii) amended by No. 9/2023 s. 178(5).
(iii) up to twice a week, unless otherwise agreed with the SDA resident or, if there are multiple SDA residents in the SDA dwelling, all the SDA residents; and
S. 498V (3A)(a)(iv) amended by No. 9/2023 s. 178(5).
(iv) for a period of no longer than one hour, unless a longer period is agreed with the SDA resident or, if there are multiple SDA residents in the SDA dwelling, all the SDA residents;
S. 498V (3A)(b) amended by No. 9/2023 s. 178(5).
(b) SDA residents at the SDA dwelling are entitled to the prescribed compensation for sales inspections.
S. 498V(3B) inserted by No. 19/2019 s. 170(3).
(3B) If an SDA provider exercises a right of entry under subsection (1)(b), the SDA provider must pay the SDA resident or SDA residents (as appropriate) the prescribed compensation for each sales inspection.
S. 498V(4) amended by No. 9/2023 s. 178(6).
(4) Despite subsection (1), in the case of a first SDA residency agreement entered into between an SDA provider and an SDA resident in respect of an SDA dwelling, a right of entry referred to in subsection (1)(e) may only be exercised after the end of the first 3 months of the occupation of the SDA dwelling by the SDA resident under that SDA residency agreement.
S. 498V(5) inserted by No. 19/2019 s. 170(4), amended by No. 9/2023 s. 178(7).
(5) For the purposes of subsection (2)(d), if the SDA provider believes on reasonable grounds that the SDA resident has abandoned an SDA dwelling occupied by multiple SDA residents ( other SDA residents ), the SDA provider must not enter those parts of the SDA dwelling exclusively occupied by the other SDA residents.
S. 498W inserted by No. 38/2018 s. 293.