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RESIDENTIAL TENANCIES LEGISLATION AMENDMENT BILL 2022

2022

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Residential Tenancies Legislation Amendment Bill 2022



Contents

Page



















2022

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Residential Tenancies Legislation Amendment Bill 2022

A Bill for

An Act to amend legislation about residential tenancies, and for other purposes









The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1 Preliminary

1 Name of Act

This Act is the Residential Tenancies Legislation Amendment Act 2022

.

2 Commencement

(1) This Act (other than the provisions mentioned in subsections (2) and (3)) commences on 1 April 2023.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act

, s 75 (1)).

(2) Schedule 1, amendment 1.2 commences on the day after this Act’s notification day.

(3) The following provisions commence on a day fixed by the Minister by written notice:

• sections 4 and 5

• section 9

• section 11

• section 13

• sections 15 to 18

• sections 20 to 26

• sections 29 to 35

• sections 43 to 49

• sections 51 to 53

• sections 55 to 60

• schedule 1 (other than amendment 1.2).

Note 1 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act

, s 77 (1)).

Note 2 If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act

, s 79).

3 Legislation amended

This Act amends the Residential Tenancies Act 1997

and the Residential Tenancies Regulation 1998

.

Note This Act also amends the Housing Assistance Act 2007

(see sch 1).

4 Legislation repealed

The Housing Assistance Public Rental Housing Assistance Program (Review of entitlement to housing assistance) Operation Guideline 2013 (No 1)

(NI2013 534) is repealed.

Part 2 Residential Tenancies Act 1997

5 Section 8

substitute

8 Terms included in residential tenancy agreements

(1) A residential tenancy agreement for premises—

(a) is taken to contain the standard residential tenancy terms set out in schedule 1—

(i) for a fixed term agreement—as in force on the day the parties enter into the agreement; or

(ii) for a periodic agreement—as in force from time to time; and

(b) is taken to contain the public housing termination clauses if the lessor is the housing commissioner; and

(c) is taken to contain the temporary housing assistance termination clause if—

(i) the lessor is the housing commissioner; and

(ii) the tenant is receiving temporary housing assistance for the premises; and

(d) is taken to contain the community housing provider termination clause if—

(i) the lessor is a registered community housing provider; and

(ii) the premises are owned by another person; and

(iii) the registered community housing provider leases the premises to the tenant under an agreement with the owner; and

(e) is taken to contain the subsidised accommodation clauses if—

(i) either—

(A) the lessor or an entity acting on the lessor’s behalf is a registered community housing provider; or

(B) the lessor or the owner of the premises receives government funding or assistance to provide the premises to the tenant; and

(ii) paragraphs (b) or (c) (ii) do not apply; and

(f) is taken to contain the posting termination clause if the lessor and tenant agree to the clause being included; and

(g) is taken to contain the break lease fee clause if—

(i) the agreement is a fixed term agreement; and

(ii) the lessor and tenant agree to the clause being included; and

(h) may contain any other term—

(i) that is consistent with the standard residential tenancy terms; or

(ii) that is inconsistent with a standard residential tenancy term if the term has been endorsed by the ACAT under section 10.

Examples—par (e) (i) (B)

1 affordable housing provided or managed by a community housing provider

2 accommodation provided in accordance with the National Rental Affordability Scheme

3 specialist disability accommodation

(2) Despite subsection (1) (a) (i), an amendment of this Act (other than an amendment to the standard residential tenancy terms) that affects the operation of the standard residential tenancy terms applies to a fixed term agreement.

(3) To remove any doubt, subsection (1) (a) (ii) applies to a periodic agreement that commences on the expiry of a fixed term agreement.

(4) In this section:

break lease fee clause means the clause in schedule 2, section 2.1.

community housing provider termination clause means the clause in schedule 2, section 2.3.

posting termination clause means the clause in schedule 2, section 2.2.

public housing termination clauses means the clauses in schedule 2, section 2.4.

subsidised accommodation clauses means the clauses in schedule 2, section 2.6.

temporary housing assistance termination clause means the clause in schedule 2, section 2.5.

6 New section 10A

in division 2.2, insert

10A Meaning of publish—div 2.2

In this division:

publish means communicate or distribute information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public.

7 Energy efficiency rating—advertising

Section 11A (7)

omit

8 New section 11AB

after section 11AAA, insert

11AB Minimum housing standards—advertising and disclosure

(1) A person commits an offence if—

(a) the person publishes an advertisement for the lease of residential premises; and

(b) the advertisement does not contain—

(i) a statement about whether the premises comply with the minimum housing standards; or

(ii) if the premises are exempt from complying with a minimum housing standard—a statement that the premises are exempt.

Maximum penalty: 5 penalty units.

(2) Subsection (1) does not apply if the person has a reasonable excuse.

Note The defendant has an evidential burden in relation to the matters mentioned in ss (2), (4) and (5) (see Criminal Code

, s 58).

(3) A person commits an offence if—

(a) the person publishes an advertisement for the lease of residential premises; and

(b) the advertisement includes a statement about the premises complying with the minimum housing standards; and

(c) the statement is false or misleading.

Maximum penalty: 5 penalty units.

(4) Subsection (3) does not apply if the person has a reasonable excuse.

(5) Also, subsection (3) (c) does not apply if the statement is not false or misleading in a material particular.

(6) An offence against this section is a strict liability offence.

9 New sections 11AC and 11AD

insert

11AC Lessor or agent must advertise rental rate for premises

(1) A person commits an offence if—

(a) the person publishes an advertisement for the lease of residential premises; and

(b) the advertisement does not state the rental rate payable for the premises.

Maximum penalty: 5 penalty units.

(2) An offence against this section is a strict liability offence.

(3) In this section:

inclusion, in relation to premises, means property or a right or entitlement that relates to the premises.

Examples—optional extras

access to a basement car park, partial or full furnishing of the premises

rental rate

(a) means—

(i) a single amount; or

(ii) 2 or more single amounts if each single amount relates to an inclusion offered by a lessor and which a tenant may accept to be included under the lease; but

(b) does not include a range of amounts or a minimum or maximum amount.

11AD Lessor or agent must not solicit rent bidding

(1) A person commits an offence if the person solicits or invites a tenant to offer a rental rate for premises that is higher than the advertised rental rate for the premises.

Maximum penalty: 20 penalty units.

(2) However, subsection (1) does not prevent a lessor from accepting an offer from a tenant for a higher rental rate than the advertised rental rate if the offer was made by the tenant without solicitation or invitation from the lessor or another person.

(3) An offence against this section is a strict liability offence.

10 Lessor’s obligations

New section 12 (3) (g) and (h)

insert

(g) a written statement that contains the following information:

(i) if the premises are required to comply with a minimum housing standard—

(A) a statement about whether the premises comply; and

(B) if the premises do not comply with the standard—the reason why the premises do not comply and the proposed compliance date that the premises must comply with the standard;

(ii) if the premises are exempt from complying with a minimum housing standard—the reason for the exemption;

(h) if the tenant asks—a copy of any record required to be kept by the lessor in accordance with section 19C (Lessor must keep records about minimum housing standards).

11 New section 12 (3) (i)

insert

(i) if section 8 (1) (e) applies—a copy of any subsidised accommodation eligibility requirements.

12 Section 12 (4), new definition of proposed compliance date

insert

proposed compliance date, in relation to premises that do not comply with a minimum housing standard, means—

(a) if a regulation prescribes a period in which the premises must comply—the end of the period; or

(b) in any other case—1 month after the day the residential tenancy agreement for the premises is entered into.

13 Section 12 (4), new definition of subsidised accommodation eligibility requirements

insert

subsidised accommodation eligibility requirements, in relation to premises under a residential tenancy agreement, means any rule or requirement against which—

(a) the tenant’s eligibility to live in the premises will be assessable during the tenancy; or

(b) the lessor’s or owner’s eligibility to receive the government funding or assistance in relation to the premises will be assessable during the tenancy.

14 New division 2.5

insert

Division 2.5 Minimum housing standards

19A Minimum housing standards

(1) A regulation may prescribe minimum standards for premises made available for occupation under a residential tenancy agreement (the minimum housing standards), including in relation to the following matters:

(a) physical accessibility;

(b) energy efficiency;

(c) safety and security;

(d) sanitation;

(e) amenity.

(2) A regulation made for subsection (1) may apply, adopt or incorporate a law or instrument as in force from time to time.

Note The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act

, s 47 (5) or (6) is not disapplied (see s 47 (7)).

19B Lessor’s obligations about minimum housing standards

(1) A lessor must ensure that premises made available for occupation under a residential tenancy agreement comply with the minimum housing standards applying to the premises not later than the proposed compliance date mentioned in section 12 (4).

(2) If, after entering into a residential tenancy agreement, the lessor becomes aware that the premises do not comply, or no longer comply, with a minimum housing standard applying to the premises, the lessor must ensure the premises comply with the standard as soon as practicable after becoming aware of the noncompliance.

19C Lessor must keep records about minimum housing standards

A lessor must keep the following records for premises made available for occupation under a residential tenancy agreement:

(a) if the premises are required to comply with a minimum housing standard—evidence that the premises comply;

(b) if the premises are exempt from complying with a minimum housing standard—evidence supporting the exemption;

(c) any other record prescribed by regulation.

15 Termination

Section 36 (1) (b)

substitute

(b) if a party serves a termination notice in accordance with the standard residential tenancy terms and the tenant vacates the premises in accordance with the notice;

16 Section 36 (1) (n)

omit

fair clause for posted people

substitute

posting termination clause

17 Section 36 (2), definition of fair clause for posted people

substitute

posting termination clause means the clause in schedule 2, section 2.2.

18 New section 45A

insert

45A Threats, harassment, intimidation or abuse by lessor etc

(1) This section applies if a tenant believes that the lessor has engaged in any of the following conduct against a tenant or related person:

(a) conduct that is threatening, intimidating, harassing or abusive;

(b) conduct that the tenant or related person is reasonably likely to find threatening, intimidating, harassing or abusive.

(2) The tenant may apply to the ACAT for an order terminating the residential tenancy agreement.

(3) The tenant must, not later than 7 days before making an application under subsection (2), give the lessor written notice that includes the details of the conduct mentioned in subsection (1) that the tenant believes the lessor has engaged in.

(4) On receiving an application under subsection (2), the registrar must list the hearing before the ACAT not earlier than 14 days after the day the tenant gives the lessor notice in accordance with subsection (3).

(5) The ACAT may—

(a) terminate a residential tenancy agreement if satisfied that—

(i) the lessor has engaged in the conduct mentioned in subsection (1); and

(ii) at least 14 days has passed since the tenant gave the lessor notice in accordance with subsection (3); and

(iii) it is appropriate to make the order; and

(b) make any other order the ACAT considers appropriate.

(6) In deciding whether it is appropriate to terminate the agreement, the ACAT must take the following into account:

(a) the nature, frequency and duration of the conduct;

(b) the circumstances of the conduct, including any behaviour of the tenant or related person;

(c) whether the conduct is likely to continue;

(d) whether the lessor has—

(i) stopped the conduct; or

(ii) agreed to stop the conduct and is reasonably likely to stop the conduct in accordance with the agreement;

(e) any family violence order or protection order made against the lessor by the Magistrates Court;

(f) any order under a law of a State or a foreign country that has the same effect, or substantially the same effect, as an order mentioned in paragraph (e);

Note State includes the Northern Territory (see Legislation Act

, dict, pt 1).

(g) the effect of the conduct on the tenant and any related person;

(h) whether any other order under this Act is reasonably available;

Example

an order under s 83

(i) any other matter the ACAT considers relevant.

(7) In this section:

lessor includes an agent or representative of the lessor.

related person means—

(a) a person who lives at the premises; or

(b) a family member of the tenant.

19 New section 46AA

after section 46, insert

46AA Termination of agreement for failure to comply with minimum housing standards

(1) On application by a tenant, the ACAT may terminate a residential tenancy agreement if satisfied that the lessor has failed to comply with section 19B (Lessor’s obligations about minimum housing standards).

(2) However, the ACAT may refuse to terminate the agreement under subsection (1) if the tenant has failed to provide the lessor with reasonable access in accordance with clause 82 of the standard residential tenancy terms.

20 Termination of agreement for aged care or social housing needs

Section 46A (5), definitions of registered community housing provider and social housing dwelling

omit

21 Section 47

substitute

47 No breach of standard residential tenancy terms

(1) On application by a lessor, the ACAT may make a termination and possession order if satisfied that—

(a) a ground for termination exists under the standard residential tenancy terms (other than for a breach of the standard residential tenancy terms); and

(b) the lessor has served a termination notice on the tenant based on that ground; and

(c) the tenant has not vacated the premises as required by the termination notice; and

(d) if the application relates to a termination notice served by the lessor in accordance with a community housing provider termination clause, public housing termination clause, subsidised accommodation clause or temporary housing assistance termination clause—the termination is reasonable and proportionate.

(2) If the ACAT makes a termination and possession order under subsection (1), the ACAT may suspend the operation of the termination and possession order for a stated period of not more than 3 weeks if satisfied that—

(a) the tenant would suffer significant hardship if the operation of the order was not suspended for the period; and

(b) the tenant’s hardship would be greater than the hardship that would be suffered by the lessor if the operation of the order was not suspended for the period; and

(c) it is appropriate to suspend the operation of the order for the period.

(3) For subsection (1) (d), the ACAT must consider the following in deciding whether the termination is reasonable and proportionate:

(a) the history and length of the tenancy;

(b) the functions of the lessor in providing public or subsidised housing, including—

(i) if the lessor is the housing commissioner—the objects of the Housing Assistance Act 2007

and the commissioner’s functions under that Act; and

(ii) any funding requirements or contractual obligations on the lessor in relation to the provision of subsidised accommodation; and

(iii) the lessor’s interest in the efficient management of public or subsidised housing (including other premises) provided by the lessor; and

(iv) the public interest in the efficient management and availability of public or subsidised housing; and

(v) the financial impact on the lessor or owner if the residential tenancy agreement is not terminated;

(c) the conduct of the tenant and the lessor or owner in relation to matters that are relevant to the notice for termination being served on the tenant;

(d) any hardship that the tenant will, or is likely to, suffer if the residential tenancy agreement is terminated, including—

(i) financial hardship; and

(ii) difficulties in finding suitable alternative premises; and

(iii) any risk of the tenant experiencing a prolonged period of homelessness; and

(iv) impacts on the tenant’s physical or mental health;

(e) any other matter the ACAT considers relevant.

(4) In considering whether to make an order under subsection (1), the ACAT must not—

(a) if the application relates to a termination notice served by the lessor in accordance with a public housing termination clause requiring the tenant to transfer to another public housing dwelling—review the housing commissioner’s decision to require the tenant to transfer to another public housing dwelling; or

(b) if the application relates to a termination notice served by the lessor in accordance with a public housing termination clause because the housing commissioner decides to stop giving housing assistance to the tenant—review the housing commissioner’s decision to stop giving housing assistance to the tenant.

(5) To remove any doubt, subsection (4) does not limit the operation of the Human Rights Act 2004

, section 40C (2) (b).

(6) In this section:

community housing provider termination clause means the clause in schedule 2, section 2.3.

public housing termination clauses means the clauses in schedule 2, section 2.4.

subsidised accommodation clauses means the clauses in schedule 2, section 2.6.

temporary housing assistance termination clause means the clause in schedule 2, section 2.5.

22 New section 51A

insert

51A Threats, harassment, intimidation or abuse by tenant

(1) This section applies if a lessor believes that a tenant has engaged in any of the following conduct against a lessor or related person:

(a) conduct that is threatening, intimidating, harassing or abusive;

(b) conduct that the lessor or related person is reasonably likely to find threatening, intimidating, harassing or abusive.

(2) The lessor may apply to the ACAT for a termination and possession order.

(3) The lessor must, not later than 14 days before making an application under subsection (2), give the tenant written notice that includes the details of the conduct mentioned in subsection (1) that the lessor believes the tenant has engaged in.

(4) On receiving an application for a termination and possession order, the registrar must list the hearing before the ACAT not earlier than 21 days after the day the lessor gives the tenant notice in accordance with subsection (3).

(5) The ACAT may make—

(a) a termination and possession order if satisfied that—

(i) the tenant has engaged in the conduct mentioned in subsection (1); and

(ii) at least 21 days has passed since the lessor gave the tenant notice in accordance with subsection (3); and

(iii) it is appropriate to make the order; and

(b) any other order the ACAT considers appropriate.

(6) If the ACAT makes a termination and possession order under subsection (5) (a), the ACAT may suspend the operation of the termination and possession order for a stated period of not more than 21 days if satisfied that—

(a) the tenant would suffer significant hardship if the operation of the order was not suspended for the period; and

(b) the tenant’s hardship would be greater than the hardship that would be suffered by the lessor if the operation of the order was not suspended for the period; and

(c) it is appropriate to suspend the operation of the order for the period.

(7) In deciding whether it is appropriate to make a termination and possession order, the ACAT must take the following into account:

(a) the nature, frequency and duration of the conduct;

(b) the circumstances of the conduct, including any behaviour of the lessor or related person;

(c) whether the conduct is likely to continue;

(d) whether the tenant has—

(i) stopped the conduct; or

(ii) agreed to stop the conduct and is reasonably likely to stop the conduct in accordance with the agreement;

(e) any family violence order or protection order made against the tenant or another person living at the premises by the Magistrates Court;

(f) any order under a law of a State or a foreign country that has the same effect, or substantially the same effect, as an order mentioned in paragraph (f);

Note State includes the Northern Territory (see Legislation Act

, dict, pt 1).

(g) the effect of the conduct on the lessor;

(h) whether any other order under this Act is reasonably available;

Example

an order under s 83

(i) any other matter the ACAT considers relevant.

(8) In this section:

related person means—

(a) an agent or representative of the lessor; or

(b) a family member of the lessor.

23 Section 57

substitute

57 Retaliatory applications

(1) This section applies if—

(a) a lessor has applied for a termination and possession order under this part; and

(b) the ACAT is satisfied that—

(i) 1 or more of the following happened:

(A) the tenant applied to the ACAT for an order in relation to the lessor;

(B) the tenant complained to a government entity in relation to the lessor;

(C) the tenant took reasonable action to secure or enforce the tenant’s rights;

Example

the tenant sought legal advice or mediation

(D) the ACAT made an order in favour of the tenant against the lessor;

(E) the tenant published information, or disclosed information that was published, about the premises, the residential tenancy agreement, or the lessor; and

(ii) for the event mentioned in subparagraph (i) (E)—the tenant did not, knowingly or recklessly, publish or disclose information that was false or misleading; and

(iii) the lessor was motivated to apply for the termination and possession order because of an event mentioned in subparagraph (i).

(2) The ACAT must not make the termination and possession order.

(3) In this section:

information includes an allegation, complaint or opinion.

publish includes communicate.

24 Sections 58 to 60

substitute

58 Lessor’s defective termination notice if tenant vacates

(1) This section applies if—

(a) the lessor purports to give a termination notice to a tenant; and

(b) the notice is a defective termination notice; and

(c) the tenant vacates the premises in accordance with the defective termination notice.

(2) The residential tenancy agreement terminates on the day the tenant vacates the premises.

(3) If a tenant vacates premises in accordance with a defective termination notice (other than a notice that was defective because it was not given to the tenant in accordance with this Act), the former tenant may apply to the ACAT for either or both of the following orders:

(a) an order for compensation for wrongful eviction;

(b) an order for reinstatement as tenant in possession of the premises.

(4) The ACAT must not make an order mentioned in subsection (3) (b) unless satisfied that—

(a) the premises are vacant; and

(b) the lessor has not entered into a residential tenancy agreement with another tenant; and

(c) it is appropriate to make the order.

59 Lessor’s defective termination notice if tenant does not vacate

(1) This section applies if—

(a) a lessor purports to give a termination notice to a tenant; and

(b) the notice is a defective termination notice for any reason, other than because it is not given in accordance with this Act.

(2) The lessor may apply to the ACAT for—

(a) an order correcting the defect; and

(b) a termination and possession order.

(3) The ACAT must not make an order under subsection (2) unless satisfied that the defective termination notice did not, and is not likely to, place the tenant in a significantly worse position than the tenant would have been in had the notice not been a defective termination notice.

60 Tenant’s defective termination notice

(1) This section applies if—

(a) a tenant purports to give a termination notice to the lessor; and

(b) the notice is a defective termination notice; and

(c) the tenant vacates the premises in accordance with the defective termination notice.

(2) The residential tenancy agreement terminates on the day the tenant vacates the premises.

(3) On application by the former lessor, the ACAT may make an order for compensation for the former tenant’s abandonment of the premises.

(4) However, the ACAT may only make the order if satisfied the former lessor is not in a significantly worse position because of the defective termination notice than the former lessor would have been had the notice not been defective.

25 New section 64AD

in division 4.7, insert

64AD Disallowing retaliatory notices to vacate

(1) This section applies if—

(a) a lessor has given a termination notice to the tenant in accordance with this Act and the standard residential tenancy terms; and

(b) the tenant makes an application for an order disallowing the termination notice before the end of the notice period stated in the notice; and

(c) the ACAT is satisfied that—

(i) 1 or more of the following happened:

(A) the tenant applied to the ACAT for an order in relation to the lessor;

(B) the tenant complained to a government entity in relation to the lessor;

(C) the tenant took reasonable action to secure or enforce the tenant’s rights;

Example

the tenant sought legal advice or mediation

(D) the ACAT made an order in favour of the tenant against the lessor;

(E) the tenant published information, or disclosed information that was published, about the premises, the residential tenancy agreement, or the lessor; and

(ii) for the circumstance mentioned in subparagraph (i) (E)—the tenant did not, knowingly or recklessly, publish or disclose information that was false or misleading; and

(iii) the lessor was motivated to give the tenant the termination notice because of an event mentioned in subparagraph (i).

(2) The ACAT must make an order disallowing the termination notice.

(3) In this section:

information includes an allegation, complaint or opinion.

publish includes communicate.

26 Waiver of notice requirements

Section 65 (2)

substitute

(2) Subsection (3) applies if—

(a) a tenant purports to give a termination notice to the lessor because of a rental rate increase; and

(b) the notice is a defective termination notice; and

(c) the tenant vacates the premises in accordance with the defective termination notice.

(3) On application by the former tenant, the ACAT may make an order correcting the defect in the defective termination notice if satisfied that the order would not put the former lessor in a significantly worse position than the former lessor would have been had the notice not been defective.

27 New section 71AAA

in part 5, insert

71AAA Rent reduction for lessor’s failure to comply with a minimum housing standard

(1) On application by a tenant, the ACAT may order a reduction in the rental rate payable under a residential tenancy agreement (a rent reduction order) if the lessor fails to ensure premises comply with a minimum housing standard in accordance with section 19B.

(2) However, the ACAT may refuse to make an order under subsection (1) if the tenant has failed to provide the lessor with reasonable access in accordance with clause 82 of the standard residential tenancy terms.

(3) A rent reduction order—

(a) takes effect from the day the premises fail to comply, or no longer comply, with the minimum housing standard, or any later date stated by the ACAT; and

(b) remains in force for the period stated by the ACAT.

(4) The ACAT may order a lessor to pay to the tenant the difference between the rent paid and the rent payable as a result of a rent reduction order.

(5) Any purported increase in the rental rate in relation to premises for which a reduction order is in force is void and any amount paid above the reduced rental rate in accordance with a purported increase is a debt owing by the lessor to the tenant.

28 Orders by ACAT

New section 83 (1) (da)

insert

(da) an order requiring the payment of compensation for any loss caused by the lessor’s failure to ensure premises comply with a minimum housing standard in accordance with section 19B;

29 Section 83 (1) (f) (ii)

substitute

(ii) that the person vacated the premises in accordance with a defective termination notice;

30 Section 83 (1) (k)

substitute

(k) an order correcting a defective termination notice;

31 Section 83 (2), except notes

substitute

(2) The ACAT may make an order under subsection (1) (k) only if satisfied that the defective termination notice did not, and is not likely to, place the person receiving the notice in a significantly worse position than the person would have been in had the notice not been defective.

32 Notice of intention to vacate—award of compensation

Section 84 (1) (b)

omit

break lease clause

substitute

break lease fee clause

33 Section 84 (6), definition of break lease clause

substitute

break lease fee clause means the clause in schedule 2, section 2.1.

34 Section 85

substitute

85 Definitions—div 6.5A

In this division:

protected person

(a) in relation to a protection order under the Family Violence Act 2016

—see that Act, dictionary; or

(b) in relation to a protection order under the Personal Violence Act 2016

—see that Act, dictionary.

respondent

(a) in relation to a protection order under the Family Violence Act 2016

—see that Act, dictionary; or

(b) in relation to a protection order under the Personal Violence Act 2016

—see that Act, dictionary.

35 New tenancy agreement—family violence and protection orders

Section 85A (4), definition of exclusion condition

substitute

exclusion condition

(a) in relation to a protection order under the Family Violence Act 2016

—see that Act, section 39 (4); or

(b) in relation to a protection order under the Personal Violence Act 2016

—see that Act, section 31 (4).

36 Regulation-making power

Section 136 (2) (d), except note

omit

37 Section 136 (3) and (4) and note

omit

38 Schedule 1, new clause 62A

after clause 62, insert

Premises must comply with minimum housing standards

62A The lessor must ensure the premises comply with the minimum housing standards applying to the premises.

Note A regulation may prescribe minimum housing standards for premises, including in relation to physical accessibility, energy efficiency, safety and security, sanitation or amenity (see Residential Tenancies Act, s 19A (1)).

39 Schedule 1, clause 82 (1) and heading

substitute

Access for making or inspecting repairs or complying with minimum housing standards

82 (1) On giving the tenant 1 week’s notice (or such other agreed period), the lessor may enter the premises at a reasonable time, taking into account the interests of the tenant and the lessor, for the purpose of—

(a) making or inspecting repairs; or

(b) inspecting the premises to ensure the premises comply with the minimum housing standards; or

(c) undertaking work, or inspecting work undertaken, to ensure the premises comply with the minimum housing standards.

(1A) However, the lessor must only enter premises for the purpose of an inspection, making repairs or undertaking work (the activity) if, taking into account the nature of the activity, it is reasonable and necessary to do so.

40 Schedule 1, clause 83

omit

The notice

substitute

A notice

41 Schedule 1, clause 85

omit

the notice to vacate

substitute

a notice to vacate

42 Schedule 1, new clause 86 (2)

insert

(2) However, a lessor or tenant must not terminate the tenancy under subclause (1) only because the lessor has failed to comply with the minimum housing standards applying to the premises.

Note A tenant may apply to the ACAT to terminate the tenancy if the lessor fails to comply with the minimum housing standards (see Residential Tenancies Act, s 46AA).

43 Schedule 1, clauses 94 and 95 and heading

omit

44 Schedule 1, clause 96 and heading

substitute

Termination of periodic tenancy

96 (1) For a periodic tenancy, the lessor may give the tenant—

(a) if the lessor genuinely intends to live in the premises—8 weeks notice to vacate; or

(b) if the lessor genuinely believes the lessor’s immediate relative intends to live in the premises—8 weeks notice to vacate; or

(c) if the lessor genuinely believes an interested person intends to live in the premises—8 weeks notice to vacate; or

(d) if the lessor genuinely intends to sell the premises—8 weeks notice to vacate; or

(e) if the lessor genuinely intends to reconstruct, renovate or make major repairs to the premises and the reconstruction, renovation or repairs cannot reasonably be carried out with the tenant living in the premises—12 weeks notice to vacate; or

(f) if the lessor genuinely requires the premises for a lawful use other than as a home—26 weeks notice to vacate.

(2) A notice to vacate under this clause must be accompanied by written evidence supporting the lessor’s reason for the notice.

Examples—written evidence

statutory declaration, development application, quotes from a tradesperson for renovations, notice of decision from the housing commissioner

(3) In this clause:

immediate relative, of the lessor, means a son, daughter, son-in-law, daughter-in-law, mother, father, mother-in-law, father-in-law, brother, sister, brother-in-law or sister-in-law.

interested person, for a lessor, means a person who is not an immediate relative of the lessor but who has a close family or personal relationship with the lessor and who has a reasonable expectation arising from that relationship that the lessor would provide accommodation for the person.

45 New schedule 2

insert

Schedule 2 Additional terms for certain residential tenancy agreements

(see s 8)

2.1 Break lease fee clause

Termination before end of fixed term—fee for breaking lease

101 (1) If the tenant ends a fixed term agreement before the end of the fixed term (other than for a reason provided for by the Residential Tenancies Act or the agreement), the tenant must pay a fee (a break fee) of the following amount:

(a) if the fixed term is 3 years or less—

(i) if less than half of the fixed term has expired—6 weeks rent; or

(ii) in any other case—4 weeks rent;

(b) if the fixed term is more than 3 years—the amount agreed between the lessor and tenant.

(2) The lessor agrees that the compensation payable by the tenant for ending a fixed term agreement before the end of the fixed term is limited to the amount of the break fee specified in subclause (1).

(3) However, the lessor and tenant agree that if, within the defined period after the tenant vacates the premises, the lessor enters into a residential tenancy agreement with a new tenant, the amount payable by the tenant is limited to—

(a) the amount of the break fee under subclause (1) less the amount of rent payable by the new tenant for the defined period; and

(b) if the tenant vacates the premises more than 4 weeks before the end of the fixed term—the lessor’s reasonable costs (not exceeding the defined cost limit) of advertising the premises for lease and of giving a right to occupy the premises to another person.

(4) In this clause:

defined cost limit means—

(a) if half or more than half of the fixed term has expired—an amount equal to 2/3 of 1 week’s rent; or

(b) if less than half of the fixed term has expired—an amount equal to 1 week’s rent.

defined period means—

(a) if subclause (1) (a) (i) applies—6 weeks; or

(b) if subclause (1) (a) (ii) applies—4 weeks; or

(c) if subclause (1) (b) applies—N weeks.

N is the number worked out as follows:

db_6695300.jpg

2.2 Posting termination clause

Termination because of posting

102 (1) The tenancy agreement may be terminated—

(a) if the lessor is posted to the ACT in the course of the lessor’s employment—by the lessor giving the tenant at least 8 weeks notice to vacate the premises; or

(b) if the tenant is posted away from the ACT in the course of the tenant’s employment—by the tenant giving the lessor at least 8 weeks notice of the tenant’s intention to vacate the premises.

(2) A notice under subclause (1) must be accompanied by evidence of the posting (for example, a letter from the employer of the lessor or tenant confirming the details of the posting).

(3) The residential tenancy agreement terminates—

(a) 8 weeks after the day the notice under subclause (1) is received; or

(b) if a later date is stated in the notice—on the stated date.

2.3 Community housing provider termination clause

Termination by community housing provider if premises required by owner

103 (1) For a periodic tenancy, the lessor may give the tenant—

(a) if the owner of the premises genuinely intends to sell the premises—at least 8 weeks notice to vacate; or

(b) if the owner of the premises genuinely intends to live in the premises—at least 8 weeks notice to vacate; or

(c) if the owner of the premises genuinely believes the owner’s immediate relative intends to live in the premises—at least 8 weeks notice to vacate; or

(d) if the owner of the premises genuinely believes an interested person intends to live in the premises—at least 8 weeks notice to vacate; or

(e) if the owner of the premises genuinely intends to reconstruct, renovate or make major repairs to the premises and the reconstruction, renovation or repairs cannot reasonably be carried out with the tenant living in the premises—at least 12 weeks notice to vacate the premises; or

(f) if the owner of the premises is not the housing commissioner and the owner genuinely intends to stop using the premises for community housing—at least 26 weeks notice to vacate the premises.

(2) For a fixed term or periodic tenancy, the lessor may give the tenant at least 26 weeks notice to vacate the premises if the housing commissioner—

(a) is the owner of the premises; and

(b) withdraws the premises in accordance with an approved housing assistance program.

(3) A notice to vacate under this clause must be accompanied by written evidence supporting the owner’s genuine intention or belief for requiring the lessor to give the notice.

Examples—written evidence

statutory declaration, development application, quotes from a tradesperson for renovations, notice of decision from the housing commissioner

(4) If the tenant is given a notice to vacate under this clause, the tenant may vacate the premises at any time before the date stated in the notice to vacate (the lessor’s notice to vacate date) provided the tenant gives the lessor—

(a) at least 2 weeks notice of the tenant’s intention to vacate; or

(b) in the last 2 weeks before the lessor’s notice to vacate date—at least 4 days notice of the tenant’s intention to vacate.

(5) The residential tenancy agreement terminates on the day the tenant vacates the premises.

(6) In this clause:

immediate relative, of the owner, means a son, daughter, son-in-law, daughter-in-law, mother, father, mother-in-law, father-in-law, brother, sister, brother-in-law or sister-in-law.

interested person, for an owner, means a person who is not an immediate relative of the owner but who has a close family or personal relationship with the owner and who has a reasonable expectation arising from that relationship that the owner would provide accommodation for the person.

2.4 Public housing termination clauses

Termination if housing assistance cancelled or withdrawn

104 (1) This clause applies if—

(a) the tenant receives housing assistance under an approved housing assistance program in relation to the tenancy (other than a rebate of rent); and

(b) the housing commissioner decides—

(i) after reviewing the tenant’s eligibility to receive the housing assistance, that the tenant is no longer eligible to receive the housing assistance under the program; or

(ii) after the tenant fails to comply with a request for information made by the housing commissioner in accordance with the Housing Assistance Act 2007

, section 25 (2) (a), to cancel the tenant’s housing assistance under that Act, section 25 (3); and

(c) the tenant is no longer able to ask for a review of the housing commissioner’s decision.

(2) The lessor may give the tenant at least 26 weeks notice to vacate the premises.

(3) If the notice to vacate is given because of subclause (1) (b) (ii) and the tenant gives the lessor the information in accordance with the lessor’s request for information before the end of the period in the notice, the notice is taken to have been withdrawn.

(4) Subclause (5) applies if—

(a) the tenant gives the lessor the information in accordance with the lessor’s request for information before the end of the period in the notice given under subclause (2); and

(b) the housing commissioner decides, after reviewing the tenant’s eligibility to receive the housing assistance, that the tenant is no longer eligible to receive the housing assistance under the program; and

(c) the tenant is no longer able to ask for a review of the housing commissioner’s decision.

(5) Despite subclause (1) (b) (i), the lessor may give the tenant notice to vacate the premises provided that the notice is for the later of—

(a) the end of the period in the notice given under subclause (2); and

(b) 12 weeks after notice is given under this subclause.

Example

On 1 July, Ziggy’s lessor gives Ziggy a notice to vacate because Ziggy did not provide the lessor with information about Ziggy’s eligibility for housing assistance within the required period. The notice to vacate gives Ziggy the required 26 weeks notice, meaning Ziggy must vacate the premises by 30 December. On 1 August, Ziggy gives the lessor the information the lessor requested and the first notice to vacate is taken to be withdrawn. Taking into account the new information, the housing commissioner decides that Ziggy is no longer eligible to receive the housing assistance. Ziggy does not seek ACAT review of the commissioner’s decision. The lessor may give Ziggy a second notice to vacate, but the second notice must not have a notice period that ends before 30 December.

(6) For this clause, a tenant is no longer able to ask for a review of the housing commissioner’s decision if—

(a) the period in which the tenant may make an application for review of the decision has ended and the tenant has not made an application; or

(b) if the tenant applies for review of the decision—the commissioner’s decision is confirmed.

(7) If the lessor gives a tenant a notice to vacate under this clause, the tenant may vacate the premises at any time before the date stated in the lessor’s notice to vacate provided the tenant gives the lessor—

(a) at least 2 weeks notice of the tenant’s intention to vacate; or

(b) in the last 2 weeks before the lessor’s notice to vacate date—at least 4 days notice of the tenant’s intention to vacate.

(8) The residential tenancy agreement terminates on the day the tenant vacates the premises.

Termination if tenant refuses transfer to alternate rental premises

105 (1) This clause applies if—

(a) the housing commissioner gives the tenant written notice in accordance with an approved housing assistance program requiring the tenant to move to alternate rental premises; and

(b) the tenant has rejected, or failed to accept, an offer from the housing commissioner to enter into a tenancy agreement for the alternate rental premises; and

(c) the tenant is no longer able to ask for a review of the housing commissioner’s decision to require the tenant to move to the alternate rental premises.

(2) The lessor may give the tenant at least 26 weeks notice to vacate the premises.

(3) To remove any doubt, this clause also applies if the housing commissioner requires the tenant to move to alternate rental premises when the tenant begins receiving ongoing housing assistance after the tenant’s temporary housing assistance ends.

(4) For this clause, a tenant is no longer able to ask for a review of a decision to require the tenant to move to alternate rental premises if—

(a) the period under the approved housing assistance program in which the tenant may make an application for review of the decision has ended and the tenant has not made an application; or

(b) if the tenant applies for review under the approved housing assistance program of the decision—the commissioner’s decision is confirmed.

(5) If the lessor gives a tenant a notice to vacate under this clause, the tenant may vacate the premises at any time before the date stated in the lessor’s notice to vacate provided the tenant gives the lessor—

(a) at least 2 weeks notice of the tenant’s intention to vacate; or

(b) in the last 2 weeks before the lessor’s notice to vacate date—at least 4 days notice of the tenant’s intention to vacate.

(6) The residential tenancy agreement terminates on the day the tenant vacates the premises.

Termination if tenant is party to 2 tenancies

106 (1) This clause applies if—

(a) the tenant agrees to move to alternate rental premises; and

(b) the tenancy for the alternate premises has commenced in accordance with the tenancy agreement.

(2) The lessor may give the tenant at least 1 week’s notice to vacate the first premises.

(3) The residential tenancy agreement terminates on the day the tenant vacates the premises.

2.5 Temporary housing assistance termination clause

Termination if housing commissioner decides tenant not eligible for ongoing housing assistance

107 (1) This clause applies if the housing commissioner provides temporary housing assistance to the tenant under an approved housing assistance program because the tenant is a remaining occupant in the premises after a former tenant has stopped living in the premises because they—

(a) have died; or

(b) are physically unable to live in the premises; or

(c) are legally unable to live in the premises; or

(d) no longer wish to live in the premises.

(2) If the housing commissioner decides that the tenant is not eligible for ongoing housing assistance under an approved housing assistance program, the lessor may give the tenant—

(a) if the housing commissioner makes the decision before the tenant’s temporary housing assistance ends—at least 26 weeks notice to vacate the premises; or

(b) if the housing commissioner makes the decision after the tenant’s temporary housing assistance ends—at least 12 weeks notice to vacate the premises.

(3) If the lessor gives a tenant a notice to vacate under this clause, the tenant may vacate the premises at any time before the date stated in the lessor’s notice to vacate provided the tenant gives the lessor—

(a) at least 2 weeks notice of the tenant’s intention to vacate; or

(b) in the last 2 weeks before the lessor’s notice to vacate date—at least 4 days notice of the tenant’s intention to vacate.

(4) The residential tenancy agreement terminates on the day the tenant vacates the premises.

2.6 Subsidised accommodation clauses

What are subsidised accommodation eligibility requirements?

108 For this agreement, subsidised accommodation eligibility requirements, in relation to premises under a residential tenancy agreement, means any rule or requirement against which—

(a) the tenant’s eligibility to live in the premises will be assessable during the tenancy; or

(b) the lessor’s eligibility to receive government funding or assistance in relation to the premises will be assessable during the tenancy.

Lessor’s obligations in relation to eligibility requirements

109 If a subsidised accommodation eligibility requirement is amended during the tenancy, the lessor must give the tenant a copy of the amended requirements not later than 2 weeks after the lessor is informed of or makes the amendments.

Tenant must provide information relating to eligibility requirements

110 (1) The lessor may ask the tenant, in writing, to give the lessor any information that is reasonably necessary for assessing—

(a) the lessor’s or owner’s eligibility for government funding or assistance for the premises; or

(b) the tenant’s eligibility to live in the premises.

(2) If the lessor makes a request under subclause (1), the lessor must give the tenant a reasonable period to comply with the request.

(3) The tenant agrees to give the lessor any information requested under subclause (1) within the period stated in the lessor’s request.

(4) A tenant’s failure to comply with subclause (3) is not taken to be a breach of this agreement.

Termination if tenant fails to provide information relating to eligibility requirements

111 (1) If the tenant does not give the lessor information in accordance with the lessor’s request for information within the period stated in the lessor’s request, the lessor may give the tenant at least 26 weeks notice to vacate the premises.

(2) A notice to vacate given under subclause (1) must include the following information:

(a) a statement that the tenant did not give the lessor the information requested by the lessor;

(b) the name and contact details of a legal or advocacy service that may be able to provide the tenant with advice about the tenant’s legal rights;

(c) a statement that the notice will be withdrawn if the tenant gives the lessor the requested information before the end of the period stated in the notice.

(3) If the tenant gives the lessor the information in accordance with the lessor’s request for information before the end of the period in the notice given under subclause (1), the notice to vacate is taken to have been withdrawn.

(4) Subclause (5) applies if—

(a) the tenant gives the lessor the information in accordance with the lessor’s request for information before the end of the period in the notice given under subclause (1); and

(b) under the subsidised accommodation eligibility requirements for the premises—

(i) the tenant stops, or will stop, being eligible to live in the premises; or

(ii) the lessor stops, or will stop, being eligible to receive government funding or assistance to provide the premises to the tenant.

(5) Despite clause 112, the lessor may give the tenant notice to vacate the premises provided that the notice is for the later of—

(a) the end of the period in the notice given under subclause (1); and

(b) 12 weeks after notice is given under this subclause.

Example

On 1 July, Poppy’s lessor gives Poppy a notice to vacate because Poppy did not provide the lessor with information about Poppy’s eligibility for subsidised housing within the required period. The notice to vacate gives Poppy the required 26 weeks notice, meaning Poppy must vacate the premises by 30 December. On 1 August, Poppy gives the lessor the information the lessor requested and the first notice to vacate is taken to be withdrawn. Taking into account the new information, the lessor determines that Poppy is no longer eligible to live in the premises. The lessor may give Poppy a second notice to vacate, but the second notice must not have a notice period that ends before 30 December.

(6) A notice to vacate given under subclause (5) must include the name and contact details of a legal or advocacy service that may be able to provide the tenant with advice about the tenant’s legal rights.

(7) If the lessor gives a tenant a notice to vacate under this clause, the tenant may vacate the premises at any time before the date stated in the lessor’s notice to vacate provided the tenant gives the lessor—

(a) at least 2 weeks notice of the tenant’s intention to vacate; or

(b) in the last 2 weeks before the lessor’s notice to vacate date—at least 4 days notice of the tenant’s intention to vacate.

(8) The residential tenancy agreement terminates on the day the tenant vacates the premises.

Termination if tenant no longer eligible to live in premises

112 (1) This clause applies if, under the subsidised accommodation eligibility requirements for the premises—

(a) the tenant stops, or will stop, being eligible to live in the premises; or

(b) the lessor stops, or will stop, being eligible to receive government funding or assistance to provide the premises to the tenant.

(2) The lessor may give the tenant notice to vacate the premises provided that the notice is not less than the later of the following:

(a) 26 weeks after the day the lessor gives the notice to the tenant;

(b) if the lessor gives the notice because the tenant has stopped, or will stop, being eligible to live in the premises—the day the tenant stops being eligible to live in the premises;

(c) if the lessor gives the notice because the lessor has stopped, or will stop, being eligible to receive government funding or assistance to provide the premises to the tenant—the day the lessor stops being eligible for funding or assistance for the premises.

(3) A notice to vacate must include the following information:

(a) if the tenant has stopped, or will stop, being eligible to live in the premises—the reason why;

(b) if the lessor has stopped, or will stop, being eligible to receive government funding or assistance to provide the premises to the tenant—the reason why;

(c) the name and contact details of a legal or advocacy service that may be able to provide the tenant with advice about the tenant’s legal rights.

(4) If the lessor gives a tenant a notice to vacate under this clause, the tenant may vacate the premises at any time before the date stated in the lessor’s notice to vacate provided the tenant gives the lessor—

(a) at least 2 weeks notice of the tenant’s intention to vacate; or

(b) in the last 2 weeks before the lessor’s notice to vacate date—at least 4 days notice of the tenant’s intention to vacate.

(5) The residential tenancy agreement terminates on the day the tenant vacates the premises.

46 Dictionary, notes 1 and 2

substitute

Note The Legislation Act

contains definitions relevant to this Act. For example:

• ACAT

• Australian Consumer Law (ACT)

• building code

• calendar month

• commissioner for fair trading

• corporation

• Criminal Code

• director-general (see s 163)

• domestic partner (see s 169 (1))

• entity

• expire

• fail

• health practitioner

• housing commissioner

• human rights commission

• individual

• month

• police officer

• public holiday

• sign

• statutory instrument (see s 13)

• territory law

• working day.

47 Dictionary, new definitions

insert

defective termination notice means a notice that—

(a) if there is a form approved under section 133 (Approved forms—Minister) for a termination notice—is not in the approved form; or

(b) if there is no form approved under section 133—does not contain the information required by the standard residential tenancy terms; or

(c) is not given in accordance with this Act.

family violence order—see the Family Violence Act 2016

, dictionary.

48 Dictionary, definition of FV Act

omit

49 Dictionary, new definition of housing assistance

insert

housing assistance, in relation to a tenant—see the Housing Assistance Act 2007

, section 7.

50 Dictionary, new definition of minimum housing standards

insert

minimum housing standards—see section 19A (1).

51 Dictionary, new definition of personal protection order

insert

personal protection order—see the Personal Violence Act 2016

, dictionary.

52 Dictionary, definition of protected person

omit

section 85 (1)

substitute

section 85

53 Dictionary, new definition of protection order

substitute

protection order means—

(a) a protection order under the Family Violence Act 2016

; or

Note The def protection order includes, among other things, an interim or final protection order (see Family Violence Act 2016

, dict).

(b) a personal protection order under the Personal Violence Act 2016

.

54 Dictionary, new definition of publish

insert

publish, for division 2.2 (Precontractual obligations)—see section 10A.

55 Dictionary, definition of PV Act

omit

56 Dictionary, definition of respondent

omit

section 85 (1)

substitute

section 85

57 Dictionary, definition of standard residential tenancy terms

substitute

standard residential tenancy terms

(a) means—

(i) the standard residential tenancy terms mentioned in schedule 1; and

(ii) any additional term mentioned in schedule 2 that, under section 8 (1) (b) to (g), is taken to be included in a residential tenancy agreement; but

(b) does not include a term mentioned in section 8 (1) (h).

58 Dictionary, new definition of temporary housing assistance

insert

temporary housing assistance—see the Housing Assistance Act 2007

, dictionary.

59 Dictionary, definition of termination notice

substitute

termination notice means a written notice that—

(a) if there is a form approved under section 133 (Approved forms—Minister) for a termination notice—is in the approved form; and

(b) if there is no form approved under section 133—contains the information required by the standard residential tenancy terms; and

(c) is served in accordance with this Act.

Part 3 Residential Tenancies Regulation 1998

60 New section 5B

insert

5B Minor modification—Act, s 71AA, def minor modification, par (b)

(1) The following are minor modifications to premises under a residential tenancy agreement:

(a) planting vegetables, fruit, flowers, herbs or shrubs if—

(i) existing vegetation or plants do not need to be removed; and

(ii) for shrubs—the shrubs will not grow to more than 2m in height;

(b) installing or placing a composting tumbler or composting bin if existing vegetation or plants do not need to be removed.

(2) However, subsection (1) does not apply—

(a) to any common property of a class A unit or class B unit; or

(b) to a balcony of a class A unit; or

(c) if the minor modification contravenes a rule of the owners corporation and the owners corporation has not given permission for the modification.

(3) In this section:

class A unit—see the Unit Titles Act 2001

, section 10.

class B unit—see the Unit Titles Act 2001

, section 11.

common property—see the Unit Titles Act 2001

, section 13.

owners corporation—see the Unit Titles (Management) Act 2011

, dictionary.

rule, for an owners corporation—see the Unit Titles (Management) Act 2011

, dictionary.

Schedule 1 Housing Assistance Act 2007—Other amendments

(see s 3)

[1.1] Sections 20 and 21

substitute

20 Approved housing assistance programs—determinations

(1) The housing commissioner may make a determination for an approved housing assistance program.

(2) A determination is—

(a) for a determination that deals with a relevant matter—a disallowable instrument; or

(b) for any other determination—a notifiable instrument.

(3) In this section:

relevant matter means—

(a) the review of a person’s entitlement to housing assistance; or

(b) requiring a person receiving housing assistance to move to alternate premises; or

(c) eligibility for temporary housing assistance.

21 Approved housing assistance programs—operational guidelines

(1) The housing commissioner may make guidelines for the management or operation of an approved housing assistance program.

(2) A guideline is—

(a) for a guideline that deals with a relevant matter—a disallowable instrument; or

(b) for any other guideline—a notifiable instrument.

(3) In this section:

relevant matter—see section 20 (3).

[1.2] New section 22 (2A) and (2B)

insert

(2A) Subsection (2B) applies if—

(a) an entity is currently being charged less than the market rent for the housing (disregarding any rent rebate); and

(b) if the housing commissioner were to increase the rent to market rent—the increase would be more than the amount prescribed by regulation for the Residential Tenancies Act 1997

, section 64B (Limitation on rent increases).

(2B) Despite subsection (1), the housing commissioner may decide to only increase the rent by an amount up to the prescribed amount.

[1.3] New part 11

insert

Part 11 Transitional—Residential Tenancies Legislation Amendment Act 2022

111 Meaning of commencement day—pt 11

In this part:

commencement day means the day the Residential Tenancies Legislation Amendment Act 2022, schedule 1, amendment 1.1 commences.

112 Housing assistance program determinations

(1) The Housing Assistance Public Rental Housing Assistance Program (Review of Entitlement to Housing Assistance) Determination 2020 (No 1)

(NI2020-658), as in force immediately before the commencement day, is taken to be a disallowable instrument made under section 20.

(2) The Legislation Act

, chapter 7 (Presentation, amendment and disallowance of subordinate laws and disallowable instruments) does not apply to the instrument mentioned in subsection (1).

(3) The following determinations, as in force immediately before the commencement day, are taken to be notifiable instruments made under section 20:

Housing Assistance Public Rental Housing Assistance Program (Community Rental Housing Assistance – Modified Eligibility Criteria) Determination 2012 (No 1)

(NI2012-254)

Housing Assistance Public Rental Housing Assistance Program (Exempt Income and Assets) Determination 2020 (No 1)

(NI2020-113)

Housing Assistance Public Rental Housing Assistance Program (Exempt Income and Assets) Determination 2020 (No 2)

(NI2020-173)

Housing Assistance Public Rental Housing Assistance Program (Housing Needs Categories) Determination 2011 (No 2)

(NI2011-507)

Housing Assistance Public Rental Housing Assistance Program (Residency Time Limits—Exemptions) Determination 2020 (No 1)

(NI2020-521)

Housing Assistance Public Rental Housing Assistance Program (Special Needs Applicants and Dwellings) Determination 2012 (No 1)

(NI2012-358).

113 Operational guidelines

All guidelines (other than NI2013-534) made under section 21, as in force immediately before the commencement day, are taken to continue in force.

Note The Residential Tenancies Legislation Amendment Act 2022, s 4 repealed NI2013-534.

114 Expiry—pt 11

This part expires 1 year after the commencement day.

Note A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act

, s 88).

[1.4] Dictionary, notes 1 and 2

substitute

Note The Legislation Act

contains definitions relevant to this Act. For example:

• ACAT

• director-general (see s 163)

• entity

• exercise

• function

• planning and land authority

• reviewable decision notice

• territory land

• year.

[1.5] Dictionary, new definition of temporary housing assistance

insert

temporary housing assistance means housing assistance identified as temporary housing assistance in an approved housing assistance program.

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 30 November 2022.

2 Notification

Notified under the Legislation Act

on 2022.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au

.













































© Australian Capital Territory 2022

 


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