Victorian Numbered Acts

ROOMING HOUSE OPERATORS ACT 2016 (NO. 26 OF 2016) - SECT 30

    (1)     Despite sections 7 and 8, if a person who is a lessee or an owner of a building referred to in section 289A(2) of the Residential Tenancies Act 1997 , or that person's agent, complies with the requirement to give a notice to vacate to each resident in accordance with section 289A(3) of that Act within 28 days after becoming aware of an event referred to in section 289A(1) of that Act, that person does not commit an offence against section 7 or 8 during the period—

        (a)     starting on the date that the lease is terminated or the building is abandoned (as the case may be); and

        (b)     ending on the date specified in the notice to vacate.

    (2)     Despite sections 7 and 8, if a person who is a lessee or an owner of a building referred to in section 289A(2A) of the Residential Tenancies Act 1997 applies for a licence within 28 days after becoming aware of an event referred to in section 289A(1) of that Act, that person does not commit an offence against section 7 or 8—

        (a)     if the licence is granted by the Authority, during the period—

              (i)     starting on the date that the lease is terminated or the building is abandoned (as the case may be); and

              (ii)     ending on the day that the Authority grants licence; or

        (b)     if the Authority refuses to grant the licence and the person does not apply under section 42 for review of the Authority's determination under section 16, during the period—

              (i)     starting on the date that the lease is terminated or the building is abandoned (as the case may be); and

              (ii)     ending on the day after the end of the period specified in section 42(3) ; or

        (c)     if the Authority refuses to grant the licence and the person applies under section 42 for review of the Authority's determination under section 16 within the period specified in section 42(3), during the period—

              (i)     starting on the date that the lease is terminated or the building is abandoned (as the case may be); and

              (ii)     ending on the day after the day on which VCAT upholds the Authority's determination.

    (3)     Without limiting subsection (2), despite sections 7 and 8, if a person who is a lessee or an owner of a building referred to in section 289A(2A) of the Residential Tenancies Act 1997 is refused a licence, that person does not commit an offence against section 7 or 8 if that person, or that person's agent, complies with the requirement to give a notice to vacate to each resident in accordance with section 289A(3) of that Act—

        (a)     if the person does not apply under section 42 for review of the Authority's determination under section 16, during the period—

              (i)     starting on or before the day after the end of the period specified in section 42(3); and

              (ii)     ending on the date specified in the notice to vacate; or

        (b)     if the person applies under section 42 for review of the Authority's determination under section 16 within the period specified in section 42(3) and VCAT upholds the Authority's determination, during the period—

              (i)     starting on the day after the day on which VCAT upholds the Authority's determination; and

              (ii)     ending on the date specified in the notice to vacate.

Part 4—Disciplinary hearings, licence cancellations and protective orders