Victorian Current Acts Victorian Current ActsNo. 109 of 1997
Version incorporating amendments as at
18 September
2024
ÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍ
Version No. 107
Residential Tenancies Act 1997
No. 109 of 1997
Version incorporating amendments as at
18 September 2024
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 30 October 1997
Legislative Council: 20 November 1997
The long title for the Bill for this Act was "to re-enact with amendments the law relating to residential tenancies, rooming houses and caravan parks, to provide for a Residential Tenancies Tribunal and a Residential Tenancies Bond Authority, to repeal the Residential Tenancies Act 1980, the Caravan Parks and Movable Dwellings Act 1988 and the Rooming Houses Act 1990 and for other purposes."
The Residential Tenancies Act 1997 was assented to on 23 December 1997 and came into operation as follows:
Part 1 (sections 1–25) on 23 December 1997: section 2(1); rest of Act on 1 July 1998: Government Gazette 18 June 1998 page 1512.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act.
See
section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Residential Tenancies Act 1997 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Residential Tenancies Act 1997, No. 109/1997 (as amended by No. 25/2020)
|
Assent Date: |
23.12.97 |
|
Commencement Date: |
S. 615 inserted on 25.4.20 by No. 11/2020 s. 46: s. 2; Sch. 1 cl. 20(4) inserted on 19.6.19 by No. 45/2018 s. 368: Special Gazette (No. 228) 12.6.19 p. 1; Sch. 2 cl. 2(4) inserted on 1.7.19 by No. 38/2018 s. 310: Special Gazette (No. 254) 25.6.19 p. 1 |
|
Note: |
S. 615 repealed Pt 16 (ss 534–616) on 28.3.21; Sch. 1 cl. 20(4) repealed Sch. 1 cl. 20 on 19.6.21; Sch. 2 cl. 2(4) repealed Sch. 2 cl. 2 on 1.7.21 |
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Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
|
Assent Date: |
26.5.98 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998
|
Assent Date: |
2.6.98 |
|
Commencement Date: |
Ss 234–242 on 1.7.98: Government Gazette 18.6.98 p. 1512 |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Licensing and Tribunal (Amendment) Act 1998, No. 101/1998
|
Assent Date: |
1.12.98 |
|
Commencement Date: |
S. 32 on 1.2.99: Government Gazette 24.12.98 p. 3204 |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Fair Trading (Inspectors Powers and Other Amendments) Act 1999, No. 17/1999
|
Assent Date: |
18.5.99 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Planning and Environment (Amendment) Act 2000, No. 28/2000
|
Assent Date: |
30.5.00 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Business Registration Acts (Amendment) Act 2000, No. 35/2000
|
Assent Date: |
6.6.00 |
|
Commencement Date: |
S. 50 on 19.6.00: Government Gazette 15.6.00 p. 1248 |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Statute Law Revision Act 2000, No. 74/2000
|
Assent Date: |
21.11.00 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001
|
Assent Date: |
8.5.01 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Statute Law Amendment (Relationships) Act 2001, No. 27/2001
|
Assent Date: |
12.6.01 |
|
Commencement Date: |
S. 3(Sch. 1 item 10) on 28.6.01: Government Gazette 28.6.01 p. 1428 |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Statute Law (Further Revision) Act 2002, No. 11/2002
|
Assent Date: |
23.4.02 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Residential Tenancies (Amendment) Act 2002, No. 45/2002
|
Assent Date: |
22.10.02 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Fair Trading (Amendment) Act 2003, No. 30/2003
|
Assent Date: |
27.5.03 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Residential Tenancies (Amendment) Act 2003, No. 93/2003
|
Assent Date: |
25.11.03 |
|
Commencement Date: |
30.6.04: s. 2(2) |
|
Current State: |
All of Act in operation |
Fair Trading (Enhanced Compliance) Act 2004, No. 103/2004
|
Assent Date: |
21.12.04 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Public Administration Act 2004, No. 108/2004
|
Assent Date: |
21.12.04 |
|
Commencement Date: |
S. 117(1)(Sch. 3 item 174) on 5.4.05: Government Gazette 31.3.05 p. 602 |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Residential Tenancies (Further Amendment) Act 2005, No. 63/2005
|
Assent Date: |
20.9.05 |
|
Commencement Date: |
Ss 4–6, 8, 14–31 on 20.9.05: s. 2(1); ss 7, 9–13 on 1.12.05: s. 2(3) |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Disability Act 2006, No. 23/2006
|
Assent Date: |
16.5.06 |
|
Commencement Date: |
S. 248 on 1.7.07: s. 2(3) |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006
|
Assent Date: |
13.6.06 |
|
Commencement Date: |
S. 94(Sch. item 42) on 1.7.06: Government Gazette 29.6.06 p. 1315 |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006
|
Assent Date: |
15.8.06 |
|
Commencement Date: |
S. 42(Sch. item 30) on 23.4.07: s. 2(3) |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Water (Governance) Act 2006, No. 85/2006
|
Assent Date: |
17.10.06 |
|
Commencement Date: |
S. 173(Sch. 1 item 9) on 1.7.07: s. 2(3) |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Fair Trading and Consumer Acts Amendment Act 2007, No. 17/2007
|
Assent Date: |
29.5.07 |
|
Commencement Date: |
S. 36(Sch. item 12) on 30.5.07: s. 2(1) |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008
|
Assent Date: |
11.2.08 |
|
Commencement Date: |
S. 60(Sch. item 10) on 12.2.08: s. 2(1) |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Consumer Credit (Victoria) and Other Acts Amendment Act 2008, No. 6/2008
|
Assent Date: |
18.3.08 |
|
Commencement Date: |
S. 28 on 31.10.08: Government Gazette 30.10.08 p. 2530 |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Relationships Act 2008, No. 12/2008
|
Assent Date: |
15.4.08 |
|
Commencement Date: |
S. 73(1)(Sch. 1 item 51) on 1.12.08: s. 2(2) |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Unclaimed Money Act 2008, No. 44/2008
|
Assent Date: |
26.8.08 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Family Violence Protection Act 2008, No. 52/2008
|
Assent Date: |
23.9.08 |
|
Commencement Date: |
Ss 257–264 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Fair Trading and Other Acts Amendment Act 2009, No. 19/2009
|
Assent Date: |
10.6.09 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009
|
Assent Date: |
24.11.09 |
|
Commencement Date: |
S. 97(Sch. item 103) on 1.1.10: Government Gazette 10.12.09 p. 3215 |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Consumer Affairs Legislation Amendment Act 2010, No. 1/2010
|
Assent Date: |
9.2.10 |
|
Commencement Date: |
S. 109 on 1.8.10: Government Gazette 22.7.10 p. 1628 |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Water Amendment (Entitlements) Act 2010, No. 32/2010
|
Assent Date: |
8.6.10 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Supported Residential Services (Private Proprietors) Act 2010, No. 49/2010
|
Assent Date: |
24.8.10 |
|
Commencement Date: |
S. 231 on 1.7.12 s. 2(2) |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Personal Safety Intervention Orders Act 2010, No. 53/2010 (as amended by No. 20/2011)
|
Assent Date: |
7.9.10 |
|
Commencement Date: |
S. 221(Sch. item 9) on 5.9.11: Special Gazette (No. 271) 23.8.11 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010
|
Assent Date: |
28.9.10 |
|
Commencement Date: |
S. 64 on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Residential Tenancies Amendment Act 2010, No. 67/2010 (as amended by No. 36/2011)
|
Assent Date: |
28.9.10 |
|
Commencement Date: |
Ss 4–75, 77–84, 90–170 on 1.9.11: Special Gazette (No. 265) 16.8.11 p. 1; ss 76, 85–89 on 31.3.12: s. 2(2) |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010
|
Assent Date: |
19.10.10 |
|
Commencement Date: |
S. 48(Sch. item 19) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Residential Tenancies Amendment (Public Housing) Act 2011, No. 18/2011
|
Assent Date: |
31.5.11 |
|
Commencement Date: |
1.6.11: s. 2 |
|
Current State: |
All of Act in operation |
Water Amendment (Governance and Other Reforms) Act 2012, No. 17/2012
|
Assent Date: |
3.4.12 |
|
Commencement Date: |
S. 94 on 1.7.12: Special Gazette (No. 172) 29.5.12 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Australian Consumer Law and Fair Trading Act 2012, No. 21/2012
|
Assent Date: |
8.5.12 |
|
Commencement Date: |
S. 239(Sch. 6 items 36.1, 36.4) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1; s. 239(Sch. 6 items 36.2, 36.3, 36.5) on 1.9.12: Special Gazette (No. 291) 28.8.12 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Statute Law Revision Act 2012, No. 43/2012
|
Assent Date: |
27.6.12 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Residential Tenancies Amendment Act 2012, No. 47/2012
|
Assent Date: |
21.8.12 |
|
Commencement Date: |
Ss 3–8, 9, 21, 30 on 1.10.12: Special Gazette (No. 324) 26.9.12 p. 1; ss 10–20, 22–29 on 1.5.13: Special Gazette (No. 163) 30.4.13 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Residential Tenancies and Other Consumer Acts Amendment Act 2012, No. 56/2012
|
Assent Date: |
18.9.12 |
|
Commencement Date: |
S. 5 on 19.9.12: s. 2(1); ss 8–12 on 1.2.13: Special Gazette (No. 444) 19.12.12 p. 1; ss 3, 4, 6, 7 on 31.3.13: s. 2(2); ss 13–18 on 1.8.13: Special Gazette (No. 277) 30.7.13 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Consumer Affairs Legislation Amendment Act 2013, No. 57/2013
|
Assent Date: |
22.10.13 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Mental Health Act 2014, No. 26/2014
|
Assent Date: |
8.4.14 |
|
Commencement Date: |
S. 455(Sch. item 25) on 1.7.14: s. 2(1) |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
|
Assent Date: |
3.6.14 |
|
Commencement Date: |
S. 10(Sch. item 144) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Privacy and Data Protection Act 2014, No. 60/2014
|
Assent Date: |
2.9.14 |
|
Commencement Date: |
S. 140(Sch. 3 item 41) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Veterans and Other Acts Amendment Act 2015, No. 12/2015
|
Assent Date: |
21.4.15 |
|
Commencement Date: |
S. 10 on 15.6.15: Special Gazette (No. 144) 9.6.15 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Drugs, Poisons and Controlled Substances Amendment Act 2016, No. 2/2016
|
Assent Date: |
16.2.16 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Consumer Acts and Other Acts Amendment Act 2016, No. 23/2016
|
Assent Date: |
10.5.16 |
|
Commencement Date: |
Ss 25, 26 on 1.6.16: Special Gazette (No. 162) 24.5.16 p. 1; s. 24 on 30.9.16: s. 2(2) |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Rooming House Operators Act 2016, No. 26/2016
|
Assent Date: |
10.5.16 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
National Domestic Violence Order Scheme Act 2016, No. 53/2016
|
Assent Date: |
18.10.16 |
|
Commencement Date: |
Ss 116–123 on 25.11.17: Special Gazette (No. 388) 15.11.17 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017
|
Assent Date: |
29.8.17 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Disability Service Safeguards Act 2018, No. 38/2018 (as amended by No. 19/2019)
|
Assent Date: |
28.8.18 |
|
Commencement Date: |
Ss 293–299, 302−310 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1; ss 300, 301 never proclaimed, repealed by No. 19/2019 s. 234 |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Residential Tenancies Amendment (Long-term Tenancy Agreements) Act 2018, No. 40/2018
|
Assent Date: |
28.8.18 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Residential Tenancies Amendment Act 2018, No. 45/2018 (as amended by Nos 19/2019, 47/2019, 11/2020, 25/2020, 32/2020, 1/2021)
|
Assent Date: |
18.9.18 |
|
Commencement Date: |
Ss 5(6), 123, 124, 235, 323–327 on 3.4.19:
Special Gazette (No. 128) 2.4.19 p. 1; ss 34(5)(c), 53(4),
|
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019[4]
|
Assent Date: |
25.6.19 |
|
Commencement Date: |
Ss 147–212, 214 on 2.7.19: Special Gazette (No. 254) 25.6.19 p. 1; ss 213, 215−217 on 1.7.20: s. 2(4) |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019
|
Assent Date: |
2.7.19 |
|
Commencement Date: |
S. 186 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Consumer Legislation Amendment Act 2019, No. 47/2019
|
Assent Date: |
3.12.19 |
|
Commencement Date: |
Ss 52–54, 91–95 on 4.12.19: s. 2(1); ss 46–49 on 2.3.20: Special Gazette (No. 91) 25.2.20 p. 1; ss 55–60 on 31.8.20: s. 2(3) |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Local Government Act 2020, No. 9/2020
|
Assent Date: |
24.3.20 |
|
Commencement Date: |
S. 390(Sch. 1 item 86) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020
|
Assent Date: |
24.4.20 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
COVID-19 Commercial and Residential Tenancies Legislation Amendment (Extension) Act 2020, No. 25/2020
|
Assent Date: |
22.9.20 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Consumer and Other Acts Miscellaneous Amendments Act 2021, No. 1/2021
|
Assent Date: |
9.2.21 |
|
Commencement Date: |
Ss 8347710129">–85 on 10.3.21: Special Gazette (No. 110) 10.3.21 p. 1; s. 82 on 29.3.21: Special Gazette (No. 110) 10.3.21 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Social Services Regulation Act 2021, No. 37/2021 (as amended by No. 40/2022)
|
Assent Date: |
21.9.21 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Mental Health and Wellbeing Act 2022, No. 39/2022
|
Assent Date: |
6.9.22 |
|
Commencement Date: |
S. 859 on 1.9.23: s. 2(2) |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Residential Tenancies, Housing and Social Services Regulation Amendment (Administration and Other Matters) Act 2022, No. 40/2022
|
Assent Date: |
6.9.22 |
|
Commencement Date: |
Ss 9–17, 60–65 on 7.9.22: s. 2(2); ss 3–7 on 20.6.23: s. 2(4) |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Disability and Social Services Regulation Amendment Act 2023, No. 9/2023
|
Assent Date: |
23.5.23 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Estate Agents, Residential Tenancies and Other Acts Amendment (Funding) Act 2024, No. 17/2024
|
Assent Date: |
21.5.24 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
Residential Tenancies and Funerals Amendment Act 2024, No. 33/2024
|
Assent Date: |
17.9.24 |
|
Commencement Date: |
S. 6 on 18.9.24: s. 2(1) |
|
Current State: |
This information relates only to the provision/s amending the Residential Tenancies Act 1997 |
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3 Explanatory details
[1] S. 6 (repealed): The amendments proposed by section 342(3)–(5) of the Residential Tenancies Amendment Act 2018, No. 45/2018 (as amended by Nos 19/2019, 47/2019, 11/2020, 25/2020, 32/2020, 1/2021) (repealed) are not included in this publication due to the earlier repeal of section 6 by section 5 of the Residential Tenancies Amendment (Long-term Tenancy Agreements) Act 2018, No. 40/2018.
Section 342(3)–(5) reads as follows:
342 Further consequential amendments of Division 2 of Part 1
(3) Insert the following heading to section 6 of the Principal Act—
"Residential rental agreements exceeding 5 years".
(4) In section 6(1) of the Principal Act—
(a) for "tenancy agreement" (where twice occurring) substitute "residential rental agreement";
(b) in paragraph (b)—
(i) for "landlord" substitute "residential rental provider";
(ii) for "tenant" substitute "renter".
(5) In section 6(2) of the Principal Act—
(a) for "tenancy agreement" (wherever occurring) substitute "residential rental agreement";
(b) in paragraph (a), for "tenant" substitute "renter".
[2] Note to s. 26: The amendment proposed by section 384 of the Residential Tenancies Amendment Act 2018, No. 45/2018 (as amended by Nos 19/2019, 47/2019, 11/2020, 25/2020, 32/2020, 1/2021) (repealed) is not included in this publication due to the earlier substitution of the note to section 26 by section 11(8) of that Act.
Section 384 reads as follows:
384 Tenancy agreements to be in standard form
In the note at the foot of section 26 of the Principal Act, for "landlord" substitute "residential rental provider".
[3] Pt 16 (Heading and ss 535−615) (repealed): The amendment proposed by section 86 of the Consumer and Other Acts Miscellaneous Amendments Act 2021, No. 1/2021 (repealed) is not included in this publication due to the earlier repeal of Part 16 by section 615 of the Principal Act.
Section 86 read as as follows:
86 Repeal of Part
In section 615 of the Residential Tenancies Act 1997, for "the day that is 6 months after its commencement" substitute "26 September 2020".
[4] Table of Amendments (Disability (National Disability Insurance Scheme Transition) Amendment Act 2019) (repealed): The amendments proposed by sections 215 and 216 of the Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019 are not included in this publication because Subdivision 3 of Division 9 of Part 2 and section 91ZB were not part of this Act when sections 215 and 216 came into operation.
Sections 215 and 216 read as follows:
215 New Subdivision 3A inserted in Division 9 of Part 2
After Subdivision 3 of Division 9 of Part 2 of the Residential Tenancies Act 1997 insert—
(1) An SDA resident who is a party to a residential rental agreement may apply to the Tribunal for any of the following orders on a ground specified in subsection (2)—
(a) an order terminating the existing residential rental agreement;
(b) an order—
(i) terminating the existing residential rental agreement; and
(ii) requiring the SDA provider who is a residential rental provider to enter a new residential rental agreement with the person who is an SDA resident and other persons (if any) specified in the application;
(c) if all the renters under the existing residential rental agreement are SDA residents, an order—
(i) terminating the residential rental agreement; and
(ii) requiring the SDA provider who is a residential rental provider to enter into, or establish, an SDA residency agreement with each person who is a renter under the existing residential rental agreement.
(2) The following grounds are specified for the purposes of subsection (1)—
(a) the SDA resident was coerced or deceived into entering into the residential rental agreement;
(b) the SDA resident did not receive an information statement as required under section 498D before entering into the residential rental agreement;
(c) the SDA resident was given an information statement under section 498D but did not receive an explanation of that statement under section 498E.
(3) For the purposes of a proceeding for an order under subsection (1), each of the following persons is a party to the proceeding—
(a) the SDA resident or one of the following persons who may make an application on behalf of the SDA resident—
(i) the Director;
(ii) the SDA resident's guardian (if any);
(iii) the SDA resident's administrator (if any);
(iv) the Public Advocate;
(b) the SDA provider;
(c) any other party to the existing residential rental agreement;
(d) any other person specified in the application as a party.
(4) An application under subsection (1) may be made without the consent of the SDA provider or any other party to the existing residential rental agreement.
(5) The Tribunal must hear an application under subsection (1)—
(a) within 3 business days of the application being made; or
(b) if the application cannot be heard within the period referred to in paragraph (a), no later than the next available sitting day of the Tribunal after the end of that 3 business day period.
(6) If an application is made under subsection (1), any other action that could otherwise be taken in respect of the existing residential rental agreement is stayed until the Tribunal determines the application.
(1) On an application under section 91YA(1), the Tribunal may—
(a) order the dismissal of the application; or
(b) if satisfied that the SDA resident was coerced or deceived into entering a residential rental agreement or that the SDA resident did not receive an information statement under section 498D or an explanation of the information statement under section 498E—
(i) order the termination of the existing residential rental agreement; or
(ii) order the termination of the existing residential rental agreement and that the SDA provider enter into a new residential rental agreement with the SDA resident and other persons (if any) specified in the application; or
(iii) if all renters to the agreement are SDA residents, order the termination of the existing residential rental agreement and require the SDA provider to enter into or establish an SDA residency agreement with each SDA resident.
(2) If the Tribunal makes an order under subsection (1)(b), the Tribunal must specify the date on which the existing residential rental agreement terminates.
(3) For the purposes of subsection (1)(b), the Tribunal may—
(a) adjourn the application to determine a termination date in consultation with the renters party to the existing residential rental agreement; or
(b) adjourn the application to allow the parties to the agreement to enter into a new residential rental agreement or to enter into, or establish, one or more SDA residency agreements (as appropriate); or
(c) if, during an adjournment the parties to the residential rental agreement are—
(i) unable to enter into a new residential rental agreement, direct the parties to enter into a new residential rental agreement on terms declared by the Tribunal; or
(ii) unable to enter into, or establish, one or multiple SDA residency agreements (as appropriate), direct the parties to enter into one or multiple new SDA residency agreements (as appropriate) on terms declared by the Tribunal.
(4) If the Tribunal makes an order under subsection (1)(b), having regard to any financial disadvantage suffered by the renter and regardless of any loss or damage suffered by the SDA provider, the Tribunal may—
(a) order that any bond paid by the renter under the existing residential rental agreement be paid out by the Authority to the renter and, if there is more than one renter under the existing residential rental agreement, apportion the bond to be paid out by the Authority between the renters; and
(b) revoke any compensation orders that have been issued against the renter.
(5) In determining an application under section 91YA(1), the Tribunal may take into account the Director's guidelines.".
216 Reduced period of notice of intention to vacate in certain circumstances
(1) In section 91ZB(1) of the Residential Tenancies Act 1997—
(a) in paragraph (f), for "2010." substitute "2010; or";
(b) after paragraph (f) insert—
"(g) the renter, who is an SDA resident, has been given a notice under section 498DA.".
(2) After section 91ZB(3) of the Residential Tenancies Act 1997 insert—
"(3A) A renter to whom subsection (1)(g) applies may give a residential rental provider who is, or was, an SDA provider, a notice of intention to vacate a premises that is, or was, an SDA enrolled dwelling, specifying a termination date that is not less than 14 days after the date on which the notice is given.".