Victorian Current Acts Victorian Current Acts(1) This section applies if a residential rental provider or that person's agent has made a claim or representation in trade or commerce in respect of rented premises prior to entering a residential rental agreement for the premises, unless the residential rental provider or that person's agent—
(a) makes the claim or representation as an information provider by publishing it on behalf of another person in the course of carrying on a business of providing information; and
(b) does not have a commercial relationship with the other person other than for the purpose of—
(i) publishing claims or representations promoting, or apparently intended to promote, the other person's business or other activities; or
(ii) the other person supplying insurance to the person.
(2) The Director may give the residential rental provider or that person's agent who made the claim or representation a written notice requiring the residential rental provider or that person's agent to do either or both of the following, within 21 days after the notice is given to the residential rental provider or that person's agent—
(a) give information or produce documents or both to the Director that could be capable of substantiating or supporting the claim or representation;
(b) give information or produce documents or both to the Director that are of a kind specified in the notice.
(3) Any kind of information or documents that the Director specifies under subsection (2)(b) must be of a kind that the Director is satisfied is relevant to substantiating or supporting the claim or representation.
(4) The substantiation notice must—
(a) state the name of the person to whom it is to be given; and
(b) specify the claim or representation to which it relates; and
(c) give notice to the residential rental provider or that person's agent of—
(i) the right to extend the period of compliance with the notice; and
(ii) the proposed penalty for failing to comply with the notice; and
(iii) the proposed penalty for providing false or misleading information in response to the notice.
(5) The substantiation notice may relate to more than one claim or representation that the person has made.
S. 510M inserted by No. 45/2018 s. 339.