Victorian Consolidated Regulations Victorian Consolidated RegulationsS.R. No. 10/2023
Version as at
26 February 2023
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Version No. 001
Residential Tenancies (Rooming House Standards) Regulations 2023
S.R. No. 10/2023
Version as at
26 February 2023
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Residential Tenancies (Rooming House Standards) Regulations 2023, S.R. No. 10/2023 were made on 21 February 2023 by the Governor in Council under sections 142C and 511 of the Residential Tenancies Act 1997, No. 109/1997 and came into operation on 26 February 2023: regulation 3.
The Residential Tenancies (Rooming House Standards) Regulations 2023 will sunset 10 years after the day of making on 21 February 2033 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1
January 2001 form part of that Statutory Rule. Any heading inserted in a
Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on
or after 1 January 2001, forms part of that Statutory Rule.
This includes
headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into
which an Order is divided; clauses; regulations; rules; items; tables; columns;
examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted
in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule
made on or after 1 January 2001, forms part of that Statutory Rule.
See
section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that
Statutory Rule, whether inserted in the Statutory Rule before, on or after
1
January 2001. Provision numbers include regulation numbers, rule numbers,
subregulation numbers, subrule numbers, paragraphs and subparagraphs. See
section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
There are no amendments made to the Residential Tenancies (Rooming House Standards) Regulations 2023 by statutory rules, subordinate instruments and Acts.
[1] Reg. 4: S.R. No. 17/2012 as
extended in operation by S.R. No.
12/2022.
[2] Reg. 5 def. of
gas safety check: S.R. No. 140/2018 as amended by
S.R. Nos
29/2022 and 64/2022.
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 10/2023 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
In this table—
"BCA Volume One "means Volume One of the National Construction Code Series including any variations or additions in the Victoria Appendix set out in Schedule 1 to that Volume; and
"BCA Volume Two "means Volume Two of the National Construction Code Series including any variations or additions in the Victoria Appendix set out in Schedule 1 to that Volume.
|
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
|---|---|---|
|
Regulation 5 (definition of electrical safety check) |
Australian/New Zealand Standard AS/NZS 3019:2007, "Electrical installations— Periodic verification", as published by Standards Australia and Standards New Zealand on 5 November 2007. |
|
|
Regulations 5 (definition of electrical safety check) and 29(a)(v)(B) |
Australian/New Zealand Standard AS/NZS 3760:2022 "In-service safety inspection and testing of electrical equipment and RCD's", as published by Standards Australia and Standards New Zealand on 24 June 2022. |
|
|
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
|
Regulation 5 (definition of gas safety check) |
Australian/New Zealand Standard AS/NZS 5601.1:2013, "Gas Installations", as published by Standards Australia and Standards New Zealand on 16 September 2013. |
The whole |
|
Australian/New Zealand Standard 3000:2018 "Electrical installations (known as the Australian/New Zealand Wiring Rules)", as published by Standards Australia and Standards New Zealand on 26 June 2018. |
The whole |
|
|
Australian Standard AS 3745 —2010 "Planning for emergencies in facilities", as published by Standards Australia on 25 November 2010. |
Section 3.5 and Appendix E |
|
|
Australian/New Zealand Standard 3000:2018 "Electrical installations (known as the Australian/New Zealand Wiring Rules)", as published by Standards Australia and Standards New Zealand on 26 June 2018. |
The whole |
|
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
|---|---|---|
|
Australian/New Zealand Standard AZ/NZS 3190:2016 "Approval and test specification—Residual current devices (current‑operated earth‑leakage devices)", as published by Standards Australia and Standards New Zealand on 10 May 2016. |
The whole |
|
|
Australian/New Zealand Standard 61008.1:2015 "Residual current operated circuit-breakers without integral overcurrent protection for household and similar uses (RCCBs): Part 1: General rules", as published by Standards Australia and Standards New Zealand on 23 March 2015. |
The whole |
|
|
Australian/New Zealand Standard 61009.1:2015 "Residual current operated circuit-breakers with integral overcurrent protection for household and similar uses (RCBOs): Part 1: General rules", as published by Standards Australia and Standards New Zealand on 23 March 2015. |
The whole |
|
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
|---|---|---|
|
BCA Volume Two. |
Performance Requirement P2.4.5 and Acceptable Construction Practice Part 3.8.5 |
|
|
BCA Volume One. |
Performance Requirements FP4.3, FP4.4 and FP4.5 and Deemed-to- Satisfy Provisions requirements F4.5 |
|
|
BCA Volume Two. |
Performance Requirements H4P5 and Deemed-to-Satisfy Provisions requirement H4D7(2) |
|
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
|---|---|---|
|
BCA Volume One. |
Performance Requirements F6P3, F6P4 and F6P5 and Deemed-to- Satisfy Provisions requirements F6D6 |
|
|
Competition and Consumer (Corded Internal Window Coverings) Safety Standard 2014 of the Commonwealth. |
The whole |
|
|
Australian/New Zealand Standard AS/NZS 3760:2022 "In-service safety inspection and testing of electrical equipment and RCD's", as published by Standards Australia and Standards New Zealand on 24 June 2022. |