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RESIDENTIAL TENANCIES REGULATIONS 2021 - NOTES

Version No. 002

S.R. No. 3/2021
Version incorporating amendments as at
1 June 2022

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Version No. 002

Residential Tenancies Regulations 2021

S.R. No. 3/2021

Version incorporating amendments as at
1 June 2022

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Residential Tenancies Regulations 2021, S.R. No. 3/2021 were made on 27 January 2021 by the Governor in Council under section 511 of the Residential Tenancies Act 1997, No. 109/1997 and came into operation on 29 March 2021: regulation 3.

The Residential Tenancies Regulations 2021 will sunset 10 years after the day of making on 27 January 2031 (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).

    2     Table of Amendments

This publication incorporates amendments made to the Residential Tenancies Regulations 2021 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Residential Tenancies Amendment Regulations 2021, S.R. No. 21/2021

Date of Making:

23.3.21

Date of Commencement:

29.3.21: reg. 3

Residential Tenancies Amendment Regulations 2022, S.R. No. 35/2022

Date of Making:

31.5.22

Date of Commencement:

1.6.22: reg. 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

    3     Explanatory details


[1] Reg. 4: S.R. No. 14/2019 as amended by S.R. No. 45/2019.

——

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2021 is $181.74 and for the financial year commencing 1 July 2022 is $184.92. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 3/2021 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, "Electrical installations—Periodic verification", as published by Standards Australia and Standards New Zealand on 5 November 2007.

Section 4

Regulation 5 definition of gas safety check

Australian/New Zealand Standard AS/NZS 5601.1, "Gas Installations", as published by Standards Australia and Standards New Zealand on 16 September 2013.

The whole

Regulation 5 definition of gas safety check

Australian Standard AS4575 "Gas appliances—Servicing of Type A appliances", as published by Standards Australia on 9 August 2019.

Appendix F

Regulation 5 definition of water efficient shower head

Australian/New Zealand Standard AS/NZS 6400, "Water efficient products—Rating and labelling", as published by Standards Australia and Standards New Zealand on 6 April 2016.

The whole

Regulation 23(1)(b)

Australian/New Zealand Standard AS/NZS 3823.2:2013, "Performance of electrical appliances—Air conditioners and heat pumps Part 2: Energy labelling and minimum energy performance standards (MEPS) requirements", as published by Standards Australia and Standards New Zealand on 23 May 2013.

The whole

Statutory rule provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 23(1)(b)

Australian/New Zealand Standard 3823.1.1, "Performance of electrical appliances—Airconditioners and heat pumps Part 1.1: Non‑ducted airconditioners and heat pumps—Testing and rating for performance", as published by Standards Australia and Standards New Zealand on 23 May 2013.

The whole

Regulation 23(1)(c)

Greenhouse and Energy Minimum Standards (Dishwashers) Determination 2015 made under sections 23 and 35 of the Greenhouse and Energy Minimum Standards Act 2012 of the Commonwealth on 30 October 2015.

The whole

Regulation 23(1)(d)(i)

Australian/New Zealand Standard AS/NZS 5263.1.3:2016, "Gas appliances Part 1.3: Gas space heating appliances", as published by Standards Australia and Standards New Zealand on 8 March 2016.

The whole

Regulation 30(2)(a)(v)

Australian/New Zealand Standard AS/NZS 3019, "Electrical installations—Periodic verification", as published by Standards Australia and Standards New Zealand on 5 November 2007.

Section 2

Statutory rule provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 90

NAT 1729-06 "Rental properties 2020", as published by the Australian Taxation Office in June 2020.

The whole

Schedule 4 Cl 9(a)

Australian/New Zealand Standard AS/NZS 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

Schedule 4 Cl 9(b)(i)

Australian/New Zealand Standard AS/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

Schedule 4 Cl 9(b)(ii)

Australian/New Zealand Standard AS/NZS 61008:2015, "Residual current operated circuit-breakers without 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

Schedule 4 Cl 9(b)(iii)

Australian/New Zealand Standard 61009.1:2015 (incorporating Amendment No. 1), "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

Schedule 4 Cl 13(1)

BCA Volume Two.

Performance Requirement P2.4.5 and Acceptable Construction Practice Part 3.8.5 Ventilation

Schedule 4 Cl 13(2)

BCA Volume One.

Performance Requirements FP4.3, FP4.4 and FP4.5 and Deemed-to-Satisfy Provisions requirements F4.5, F4.6 and F4.7.

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 21/2021 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 7 which amends regulation 23(1)(b) of the Residential Tenancies Regulations 2021

Australian/New Zealand Standard AS/NZS 3823.1.1:2012, "Performance of electrical appliances—Airconditioners and heat pumps Part 1.1: Non‑ducted airconditioners and heat pumps—Testing and rating for performance", as published by Standards Australia and Standards New Zealand on 11 May 2012

The whole

Regulation 7 which amends regulation 23(1)(b) of the Residential Tenancies Regulations 2021

Australian/New Zealand Standard AS/NZS 3823.2:2013, "Performance of electrical appliances—Air conditioners and heat pumps Part 2: Energy labelling and minimum energy performance standards (MEPS) requirements", as published by Standards Australia and Standards New Zealand on 23 May 2013

The whole



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Statutory rule provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 7 which amends regulation 23(1)(b) of the Residential Tenancies Regulations 2021

Australian/New Zealand Standard AS/NZS 3823.4.2:2014, "Performance of electrical appliances—Air conditioners and heat pumps Part 4.2: Air-cooled air conditioners and air-to-air heat pumps—Testing and calculating methods for seasonal performance
factors—Heating seasonal performance factor", as published by Standards Australia and Standards New Zealand on 1 October 2014

The whole