Victorian Numbered Regulations

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RESIDENTIAL TENANCIES (CARAVAN PARKS AND MOVABLE DWELLINGS REGISTRATION AND STANDARDS) REGULATIONS 2020 (SR NO 48 OF 2020) - NOTES

S.R. No. 48/2020

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STATUTORY RULES 2020

S.R. No. 48/2020

Residential Tenancies Act 1997

Residential Tenancies (Caravan Parks and Movable Dwellings Registration and Standards) Regulations 2020

The Governor in Council makes the following Regulations:

Dated: 10 June 2020

Responsible Minister:
RICHARD WYNNE
Minister for Planning

CLAIRE CHISHOLM
Clerk of the Executive Council

Endnotes


[1] Reg. 4: S.R. No. 49/2010 as amended by S.R. Nos 132/2010, 150/2010, 23/2011, 137/2012 and 34/2016.

[2] Reg. 5: S.R. No. 38/2018 as amended by S.R. Nos 75/2018, 100/2018, 180/2018, 40/2019, 116/2019 and 21/2020.

——

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial years commencing 1 July 2019 and 1 July 2020 is $14.81. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee 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 fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

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 years commencing 1 July 2019 and 1 July 2020 is $165.22.

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 is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

In this table—

"BCA "means the Building Code of Australia within the meaning of section 3(1) of the Building Act 1993, comprising—

(a)     Volume One of the National Construction Code Series including any variations or additions in the Appendix Victoria set out in Schedule 1 to that Volume; and

(b)     Volume Two of the National Construction Code Series including any Victoria additions set out in Schedule 1 to that Volume;

"BCA Volume One "means Volume One of the National Construction Code Series including any variations or additions in the Appendix Victoria set out in Schedule 1 to that Volume;

"BCA Volume Two" means Volume Two of the National Construction Code Series including any Victoria additions set out in Schedule 1 to that Volume;

"CFA Guideline "means the CFA Caravan Park Fire Safety Guideline, published by the Country Fire Authority in May 2012.

Statutory rule provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 5, definition of CFA Guideline

CFA Guideline

The whole

Regulation 6

BCA

The whole

Regulation 8(1)

BCA

Part A6 of Volume Two

Regulation 8(2)

BCA

The whole

Regulation 19(1)(a)

CFA Guideline

Objective O3 and Performance Measures PM4 and PM5

Statutory rule provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 19(1)(b)

CFA Guideline

Prescriptive Provisions PP3 and PP4

Regulation 20(1)(a)

CFA Guideline

Objectives O1 and O2 and Performance Measures PM1, PM2 and PM3

Regulation 20(1)(b)

CFA Guideline

Prescriptive Provisions PP1 and PP2

Regulation 27(1)

Australian Drinking Water Guidelines 6 (2011), endorsed by the National Health and Medical Research Council and the Natural Resource Management Ministerial Council, published in 2011

The whole

Regulation 29

BCA Volume One

Part F2.1

Regulation 34(1)(a) and clause 1(1) of Part 1 of Schedule 3

BCA

The whole of Volume Two, except for—

(a)     Performance Requirement P2.1(b)(xv) and Part 3.1.4 (termite control);

(b)     Part 3.3 (masonry);

(c)     Parts 3.5.1 and 3.5.2.1(b) (roof tiles and shingles);

Statutory rule provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document



(d)     Objectives O2.3(b), O2.7(e), Functional Statements F2.3.1 and F2.7.4, Performance Require-ments P2.3.1 and P2.7.5, Part 3.7.2 (fire separation of external walls) and Part 3.10.5 (construc-tion in bushfire prone areas);

(e)     Objective O2.4.3(b) and (c), Functional Statement F2.4.3(a) and (b), Performance Requirement P2.4.3(a) and (d), Part 3.8.3.2 (a)(ii), (iii), (iv) and (v) (sanitary facilities);

Statutory rule provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document



(f)     Objective O2.7(a) and (b), Functional Statement F2.7.1, Performance Require-ments P2.7.1 and P2.7.2, Part 3.10.1 (swimming pools);

(g)     Part 2.6 (energy efficiency) and Part 3.12 (energy efficiency)

Regulation 34(1)(a) and clause 1(2) of Part 1 of Schedule 3

BCA

Table 3 in Volume Two

Regulation 34 and clause 4(1) of Schedule 3

AS/NZS 1170.1:2002, Structural design actions—Part 1: Permanent, imposed and other actions, approved on behalf of the Council of Standards Australia and the Council of Standards New Zealand, published on 4 June 2002, incorporating Amendment Nos 1 and 2

The whole



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Statutory rule provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document


AS/NZS 1170.2:2011, Structural design actions—Part 2: Wind actions, approved on behalf of the Council of Standards Australia and the Council of Standards New Zealand, published on 30 March 2011, incorporating Amendments Nos 1, 2, 3, 4 and 5

The whole

Regulation 35 and clause 5(7) of Schedule 3

AS/NZS 1170.1:2002, Structural design actions—Part 1: Permanent, imposed and other actions, approved on behalf of the Council of Standards Australia and the Council of Standards New Zealand, published on 4 June 2002, incorporating Amendment Nos 1 and 2

AS/NZS 1170.2:2011, Structural design actions—Part 2: Wind actions, approved on behalf of the Council of Standards Australia and the Council of Standards New Zealand, published on 30 March 2011, incorporating Amendments Nos 1, 2, 3, 4 and 5

The whole










The whole

Regulation 35 and clause 5(13) of Schedule 3

AS 1288–2006, Glass in buildings—Selection and installation, approved on behalf of the Council of Standards Australia, published on 16 January 2006, incorporating Amendment No. 1

The whole

Statutory rule provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 36(1)

BCA

Parts 3.7.5.2(b) and 3.7.5.3 of Volume Two

Regulation 36(3)

BCA

Part 3.7.5.2(b) of Volume Two