Victorian Consolidated Regulations Victorian Consolidated RegulationsS.R. No. 3/2021
Version incorporating amendments as at
1 December 2024
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Version No. 003
Residential Tenancies Regulations 2021
S.R. No. 3/2021
Version incorporating amendments as at
1 December
2024
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).
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 |
Residential Tenancies and Residential Tenancies (Rooming House Standards) Amendment (Minimum Energy Efficiency and Safety Standards) Regulations 2024, S.R. No. 130/2024
|
Date of Making: |
26.11.24 |
|
Date of Commencement: |
Regs 4−6 on 1.12.24: reg. 3 |
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[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 2024 is $197.59. 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. |
|
|
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 |
|
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 |
|
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 |
|
|
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 |
|
|
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 |
|
|
Australian/New Zealand Standard AS/NZS 3019, "Electrical installations—Periodic verification", as published by Standards Australia and Standards New Zealand on 5 November 2007. |
|
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
|
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 |
|
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 |
The whole |
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 130/2024 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2024.
In this table—
"BCA Volume One "means Volume One of the National Construction Code including any Victorian variations or additions set out in that Volume;
"BCA Volume Two" means Volume Two of the National Construction Code including any Victorian variations or additions set out in that Volume;
"National Construction Code" means the National Construction Code published by the Australian Building Codes Board as amended, published or adopted from time to time.
|
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
|---|---|---|
|
Regulation 4(a) and (b), which amend regulation 5 of the Residential Tenancies Regulations 2021 (definitions of BCA Volume One and BCA Volume Two) |
BCA Volume One BCA Volume Two |
The whole |
|
Regulation 4(c), which inserts a definition of National Construction Code in regulation 5 of the Residential Tenancies Regulations 2021 |
The National Construction Code |
The whole |
|
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
|---|---|---|
|
Regulation 7(a) and (b), which amend regulation 5 of the Residential Tenancies (Rooming House Standards) Regulations 2023 (definitions of BCA Volume One and BCA Volume Two) |
BCA Volume One BCA Volume Two |
The whole |
|
Regulation 7(c), which inserts a definition of GEMS air conditioner rating system in regulation 5 of the Residential Tenancies (Rooming House Standards) Regulations 2023 |
Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019 made under sections 23 and 35 of the Greenhouse and Energy Minimum Standards Act 2012 of the Commonwealth on 25 March 2019 |
The whole |
|
Regulation 7(c), which inserts a definition of National Construction Code in regulation 5 of the Residential Tenancies (Rooming House Standards) Regulations 2023 |
The National Construction Code |
The whole |
|
Regulation 8, which inserts regulation 9A(3)(e), 5(g) and 6(e) in the Residential Tenancies (Rooming House Standards) Regulations 2023 |
Part 5 |
|
|
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
|
Regulation 9, which inserts regulations 30A(a) and 30B(1)(a) in the Residential Tenancies (Rooming House Standards) Regulations 2023 |
Part 3 |
|
|
Regulation 9, which inserts regulation 30B(3)(e), (5)(e) and (6)(e) in the Residential Tenancies (Rooming House Standards) Regulations 2023 |
Part 5 |