Commonwealth Numbered Regulations

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NATIONAL RENTAL AFFORDABILITY SCHEME REGULATIONS 2020 (F2020L00282) - REG 27

Approved participants code of conduct

             (1)  The approved participants code of conduct is set out in subsection (2).

             (2)  The approved participant for a rental dwelling:

                     (a)  must comply with legal obligations relating to investors in a timely manner; and

                     (b)  must comply with the Scheme, and with any other law of the Commonwealth or of a State or Territory that relates to dealings with investors and tenants; and

                     (c)  must lodge an annual Statement of Compliance in relation to the dwelling; and

                     (d)  must respond to a communication from an investor within 30 days, unless the approved participant has a reasonable excuse; and

                     (e)  must have an internal or external dispute resolution mechanism for use by investors; and

                      (f)  must not enforce, seek to enforce, or threaten to enforce, an unfair arrangement; and

                     (g)  must not make a misrepresentation to an investor; and

                     (h)  must not engage in misleading or deceptive conduct in relation to an investor; and

                      (i)  must not threaten or coerce an investor to take an action the investor is not required to take under an arrangement; and

                      (j)  must not prevent an investor from entering into an arrangement with a suitably qualified and experienced person in relation to the dwelling; and

                     (k)  must not threaten to take action that would result in an investor not receiving incentive to which the investor is entitled under law; and

                      (l)  must not require an investor to enter into an arrangement with another person in relation to the dwelling, unless the arrangement relates to a property management service provider and the approved participant is able to ensure that the provider:

                              (i)  complies with the arrangement between the provider and the investor; and

                             (ii)  complies with legal obligations relating to the investor in a timely manner; and

                            (iii)  complies with the laws of the Commonwealth and the States and Territories in relation to dealings with investors and tenants; and

                            (iv)  does not enforce, seek to enforce, or threaten to enforce, an unfair arrangement with an investor; and

                             (v)  does not make a misrepresentation to an investor; and

                            (vi)  does not engage in misleading or deceptive conduct in relation to an investor; and

                           (vii)  does not threaten or coerce an investor to take action the investor is not required to take under an arrangement; and

                    (m)  if the approved participant requires the investor to enter into an arrangement as mentioned in paragraph (l)--must ensure that the property management service provider acts in accordance with subparagraphs (l)(i) to (vii).



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