Victorian Current Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 498LC

    (1)     This section applies to—

        (a)     an SDA provider who is not acting in trade or commerce in entering into an SDA residency agreement; and

        (b)     the agent of an SDA provider referred to in paragraph (a) who is not acting in trade or commerce.

    (2)     An SDA provider or that person's agent must not induce a person to enter into an SDA residency agreement by engaging in conduct that is misleading or deceptive, or that is likely to mislead or deceive.

    (3)     An SDA provider or that person's agent must not induce a person to enter into an SDA residency agreement by making a false or misleading representation concerning any of the following—

        (a)     the SDA provider's interest in the land;

        (b)     the rent payable under the agreement;

        (c)     the location of the SDA enrolled dwelling to be let under the agreement;

        (d)     the characteristics of the SDA enrolled dwelling to be let under the agreement;

        (e)     the use to which the SDA enrolled dwelling to be let under the agreement is capable of being put or may lawfully be put;

        (f)     the existence or availability of facilities associated with the SDA enrolled dwelling to be let under the agreement.

Penalty:     60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.

    (4)     This section does not limit the operation of the Australian Consumer Law (Victoria).

Division 4—General rights, responsibilities and duties of SDA providers and SDA residents

S. 498M inserted by No. 38/2018 s. 293, amended by No. 19/2019 s. 163(2) (ILA s. 39B(1)).