Victorian Numbered Acts Victorian Numbered Acts(1) In section 3(1) of the Principal Act insert the following definitions—
""breach of duty notice" means a notice served under section 208 ;
"condition report" means—
(a) for the purposes of Part 2, a condition report provided under section 35;
(b) for the purposes of Part 3, a condition report provided under section 97;
(c) for the purposes of Part 4, a condition report provided under section 148;
(d) for the purposes of Part 4A, a condition report provided under section 206O;
"deadlock" means a deadlatch with at least one cylinder;
"Director's guidelines" means any guidelines issued by the Director under section 486;
"duty provision" means—
(a) in relation to rented premises—
(i) section 89; or
(ii) any provision of Division 5 of Part 2, except sections 59, 62, 66 and 71; or
(b) in relation to a rooming house—
(i) section 140; or
(ii) any provision of Division 5 of Part 3, except section 111, 126 or 128; or
(c) in relation to a caravan park—
(i) section 204; or
(ii) any provision of Division 5 of Part 4, except section 168; or
(d) in relation to a Part 4A park—
(i) section 206ZZM; or
(ii) any provision of Division 5 or Division 6 of Part 4A;
"efficiency rating system" means a system of rating the efficiency of any appliances, fixtures and fittings prescribed for the purposes of section 54(1), 69, 72(3), 181 or 206ZZAA;
"embedded electricity network" means a privately owned electricity network—
(a) that serves more than one customer; and
(b) that connects to a distribution or transmission system in the national electronic grid through a parent connection point;
"fair wear and tear" means deterioration of the condition of premises caused by—
(a) reasonable use of the premises by a renter or a visitor; and
(b) natural environmental forces;
"family member" has the same meaning as in the Family Violence Protection Act 2008 ;
"family violence" has the same meaning as in the Family Violence Protection Act 2008 ;
family violence intervention order has the same meaning as in the Family Violence Protection Act 2008 ;
"family violence safety notice" has the same meaning as in the Family Violence Protection Act 2008 ;
"fixed term residential rental agreement" means a residential rental agreement for a fixed term including, in the case of a fixed term residential rental agreement for more than 5 years, any extension of that residential rental agreement exercised in accordance with a term permitting the extension of that residential rental agreement at the end of the fixed term;
"fixed term rooming house agreement" means an agreement under section 93A;
"information provider" means a person who carries on a business of providing information and includes—
(a) the holder of a licence granted under the Broadcasting Services Act 1992 of the Commonwealth;
(b) a person who is the provider of a broadcasting service under a class licence under that Act;
(c) the holder of a licence continued in force by section 5(1) of the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 of the Commonwealth;
(d) the Australian Broadcasting Corporation;
(e) the Special Broadcasting Service Corporation;
"notice of intention to vacate" means—
(a) in relation to rented premises, a notice of intention to vacate under Division 9 of Part 2;
(b) in relation to a rooming house, a notice of intention to vacate under Division 10 of Part 3;
(c) in relation to a residency right in respect of a site or a caravan in a caravan park, a notice of intention to vacate under Division 9 of Part 4;
(d) in relation to a site agreement or a Part 4A site, a notice of intention to vacate under Division 11 of Part 4A;
"notice to vacate" means—
(a) in relation to rented premises, a notice to vacate under Division 9 of Part 2;
(b) in relation to a rooming house, a notice to vacate under Division 10 of Part 3;
(c) in relation to a residency right in respect of a site or a caravan in a caravan park, a notice to vacate under Division 9 of Part 4;
(d) in relation to a site agreement or a Part 4A site, a notice to vacate under Division 11 of Part 4A;
"occupation fee" means the following—
(a) a fee an owner of premises may require under section 388;
(b) a fee ordered by the Tribunal under section 401(b);
"owners corporation" has the same meaning as in section 3 of the Owners Corporations Act 2006 ;
"pecuniary penalty provision" means a provision set out in Schedule 1A;
"periodic residential rental agreement" means a residential rental agreement other than a fixed term residential rental agreement;
"personal information", other than in Part 10A, has the same meaning as in the Privacy and Data Protection Act 2014 ;
"personal violence" means the following—
(a) prohibited behaviour within the meaning of the Personal Safety Intervention Orders Act 2010 ;
(b) stalking within the meaning of the Personal Safety Intervention Orders Act 2010 ;
"pet" means any animal other than an assistance dog within the meaning of the Equal Opportunity Act 2010 ;
"prohibited term" means a term referred to in section 26A(1)(a), 27B, 94AC, 94AD, 144AA, 144AB or 206FA;
"protected person" means—
(a) in relation to a family violence safety notice, a protected person within the meaning of the Family Violence Protection Act 2008 ;
(b) in relation to a family violence intervention order, a protected person within the meaning of the Family Violence Protection Act 2008 ;
(c) in relation to a recognised non-local DVO, a protected person within the meaning of the National Domestic Violence Order Scheme Act 2016 ;
(d) in relation to a personal safety intervention order, a protected person within the meaning of the Personal Safety Intervention Orders Act 2010 ;
"recognised non-local DVO" means non-local DVO that is a recognised DVO under the National Domestic Violence Order Scheme Act 2016 ;
"registered housing agency" means—
(a) a participating registered agency within the meaning of the Housing Act 1983 ; or
(b) a registered agency within the meaning of the Housing Act 1983 ;
"rental minimum standards" means the standards prescribed under section 65A;
"Rental Non-compliance Register" means the register established under section 439P;
"renter" means—
(a) the person to whom premises are let under a residential rental agreement; or
(b) the person to whom premises are to be let under a proposed residential rental agreement;
"required time" means—
(a) in relation to rented premises—
(i) for a duty under section 60 or 67, 7 days; or
(ii) for a duty under section 89 in relation to a right of entry for a purpose set out in section 86(1)(a), (c) or (f), 14 days; or
(iii) for a duty under section 89 in relation to a right of entry for a purpose set out in section 86(1)(b), (d) or (e), 3 days; or
(iv) for any other duty under Division 5 or 5A of Part 2, 14 days; or
(b) in relation to a rooming house, for a duty under section 140 or Division 5 of Part 3, 3 days; or
(c) in relation to a caravan park—
(i) for a duty under section 204 in relation to a right of entry for a purpose set out in section 201(a), (c) or (e), 7 days; or
(ii) for a duty under section 204 in relation to a right of entry for a purpose set out in section 201(b) or (d), 3 days; or
(iii) for any other duty under Division 5 of Part 4, 7 days; or
(d) in relation to a Part 4A site—
(i) for a duty under section 206ZZM in relation to a right of entry for a purpose set out in section 206ZZJ(a), (c) or (e), 14 days; or
(ii) for a duty under section 206ZZM in relation to a right of entry for a purpose set out in section 206ZZJ(b) or (d), 3 days; or
(iii) for a duty under section 206ZL or 206ZU, 7 days; or
(iv) for any other duty under Division 5 or Division 6 of Part 4A, 14 days;
"residential rental agreement" means an agreement, whether or not in writing and whether express or implied, under which a person lets premises as a residence (but does not include an SDA residency agreement) and includes a fixed term residential rental agreement and a periodic residential rental agreement;
"residential rental provider" means—
(a) the person by whom premises are let under a residential rental agreement; or
(b) the person by whom the premises are to be let under a proposed residential rental agreement;
"residential rights contravention" means—
(a) a contravention of a pecuniary penalty provision; or
(b) conduct in relation to a pecuniary penalty provision that is referred to in section 498AD(1)(b) to (g);
"rooming house operator" has the same meaning as in section 3(1) of the Rooming House Operators Act 2016 ;
"serious defect", in respect of a caravan and a Part 4A dwelling, means—
(a) the caravan or dwelling, including the exterior of the caravan or dwelling, is not in a reasonable state of cleanliness or repair; and
(b) the condition of the caravan or dwelling poses a significant health or safety risk;
"standard form", except in Part 12, means the form prescribed for the purposes of section 26(1) or (1A)(b);
"substantiation notice" means a notice given under section 510L(2);
"suitably qualified person" includes a tradesperson who is registered or licensed in respect of relevant work to be undertaken, if that work requires a person to be so registered or licensed;
"Uniform Capital Allowance System "means the Uniform Capital Allowance System in the publication known as the Australian Taxation Office Guide to Depreciating Assets 2017, issued in respect of Division 40 of Part 2–10 of the Income Tax Assessment Act 1997 of the Commonwealth, as in force from time to time;
"urgent site repairs" means any work prescribed as urgent repairs to—
(a) a site or a Part 4A site; or
(b) in the case of a caravan park, any structure or fixture owned by a caravan park owner on a site; or
(c) in the case of a Part 4A park, any structure or fixture owned by a site owner on a site; or
(d) any damage of a prescribed class;".
(2) In section 3(1) of the Principal Act the definitions of "family violence intervention order", family violence safety notice", "fixed term tenancy agreement , "landlord", periodic tenancy agreement , "prescribed rating system", rooming house owner , "standard form tenancy agreement", tenancy agreement and tenant are repealed .
(3) In section 3(1) of the Principal Act—
(a) in the definition of "bond", in paragraph (a)—
(i) for "tenant" substitute "renter";
(ii) for "tenancy agreement" (where twice occurring) substitute "residential rental agreement";
(b) in the definition of "common area", for "tenants" (where first occurring) substitute "renters";
(c) in the definition of "exclusion condition", in paragraph (c), for "non-local DVO that is a recognised DVO" substitute "recognised non-local DVO";
(d) in the definition of "facilities"—
(i) in paragraph (l), for "tenants" (where first occurring) substitute "renters";
(ii) for "tenant" (where first occurring) substitute "renter";
(e) in the definition of "health or residential service", for paragraph (e) substitute —
"(e) premises where specialist disability accommodation is provided; or";
(f) for paragraph (a) of the definition of rent substitute —
"(a) in relation to a residential rental agreement, the amount paid to a residential rental provider by a renter to occupy rented premises and use facilities and services; or";
(g) in the definition of "rent"—
(i) in paragraph (b), for "owner" substitute "operator";
(ii) for "tenant or resident" substitute "renter, resident or site tenant";
(h) in the definition of "rented premises", for "tenancy agreement" (where twice occurring) substitute "residential rental agreement";
(i) in the definition of "resident"—
(i) in paragraph (a), for "owner" substitute "operator";
(ii) in paragraph (b)(ii), after "days" insert "other than an occupant under an occupancy agreement which is expressed to be for holidaying or non-residential purposes for a period of 60 days or more";
(j) in the definition of "rooming house provisions", for "owner" substitute "operator";
(k) in the definition of "services", for "owner" substitute "operator";
(l) for the definition of temporary crisis accommodation substitute —
""temporary crisis accommodation" means accommodation provided—
(a) for a prescribed period; and
(b) on a non-permanent basis; and
(c) on a non-profit basis; and
(d) which is prescribed to be temporary crisis accommodation;";
(m) in paragraph (a) of the definition of "visitor", for "tenant" (where twice occurring) substitute "renter".
(4) In section 3(1) of the Principal Act, in the definition of "urgent repairs"—
(a) in paragraphs (h)(i) and (j), for "landlord" substitute "residential rental provider";
(b) in paragraph (h)(ii), for "owner" substitute "operator";
(c) after paragraph (i) insert —
"(ia) a failure or breakdown of any cooling appliance or cooling service provided by a residential rental provider, rooming house operator, caravan park owner or caravan owner; or
(ib) a failure to comply with any rental minimum standards; or
(ic) a failure or breakdown of any safety-related devices, including a smoke alarm or pool fence; or";
(d) for paragraph (k) substitute —
"(k) any fault or damage that makes rented premises, a rooming house, a room, a caravan or an SDA enrolled dwelling unsafe or insecure, including—
(i) a pest infestation; or
(ii) the presence of mould or damp caused by or related to the building structure; or";
(e) in paragraph (j), for "rooming house owner" substitute "rooming house operator".
(5) In section 3(2) of the Principal Act—
(a) for "landlord" (where twice occurring) substitute "residential rental provider";
(b) for "tenant" (where twice occurring) substitute "renter";
(c) for "tenancy agreement" substitute "residential rental agreement".
(6) In section 3(1) of the Principal Act insert the following definitions—
""eligible resident" means a resident of a caravan park who owns a dwelling affixed to a site in the caravan park other than an annexe but does not include a resident who only owns a registrable movable dwelling;
"eligible site tenant" means a site tenant who owns a Part 4A dwelling;
"park closure compensation order" means an order made by the Tribunal under section 215B;".