Victorian Current Acts Victorian Current ActsS. 498ZZD(1) amended by No. 9/2023 s. 199.
(1) If a mortgagee in respect of an SDA dwelling becomes entitled to possession of, or to exercise a power of sale in respect of, the SDA dwelling under a mortgage, the mortgagee may give the SDA resident a notice to vacate the SDA dwelling.
(2) A notice to vacate under this section—
(a) must specify the ground on which the notice is given; and
(b) must specify a termination date that is not less than 90 days after the date on which the notice is given; and
(c) must be signed by the mortgagee; and
(d) must be given to—
(i) the SDA resident; and
(ii) the SDA resident's guardian or the SDA resident's administrator, if any.
S. 498ZZD(3) amended by Nos 19/2019 s. 191(1)(2), 9/2023 s. 153.
(3) The mortgagee must notify the Chief Executive Officer of the NDIA and the Director of the details of a notice to vacate within 24 hours of the notice being given to an SDA recipient.
Penalty: 60 penalty units.
S. 498ZZD(4) amended by No. 19/2019 s. 191(3)(4), substituted by No. 9/2023 s. 232.
(4) The mortgagee must notify the Director of the details of a notice to vacate within 24 hours after the notice has been given to an SDA resident who is not an SDA recipient, including any of the following—
(a) a DSOA client;
(b) an SDA resident whose daily independent living support is funded by the Transport Accident Commission or the Victorian WorkCover Authority.
Penalty: 60 penalty units.
S. 498ZZD(4A) inserted by No. 9/2023 s. 232.
(4A) After receiving a notification under subsection (3) or (4), the Director must provide the details of the notice to vacate to the Public Advocate.
S. 498ZZD(4B) inserted by No. 9/2023 s. 232.
(4B) After receiving a notification under subsection (4), the Director must provide the details of the notice to vacate to the Transport Accident Commission or the Victorian WorkCover Authority (as the case requires) if the SDA resident is a person specified in subsection (4)(b).
Division 11—Regaining possession—possession orders and warrants
Subdivision 1—Applications for possession orders
S. 498ZZE inserted by No. 38/2018 s. 293.