Document ID: chunk:federal_register_of_legislation:F2024C00941:reg:5:p1
Version: federal_register_of_legislation:F2024C00941
Segment Type: reg
Provision Reference: reg 5 (pt 1/4)
Character Range: 6329–9232

5  Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) allocation;
(b) incentive;
(c) incentive period;
(d) investor;
(e) NRAS year;
(f) rental dwelling.
  In this instrument:
Act means the National Rental Affordability Scheme Act 2008.
adult has the meaning given by paragraph 41(1)(d).
approved form means a form:
 (a) approved by the Secretary under section 68; and
 (b) given in accordance with any manner specified by the Secretary under that section.
approved participant, for a rental dwelling covered by an allocation, means the holder of the allocation for the dwelling.
approved participants code of conduct has the meaning given by subsection 27(1).
arrangement includes any agreement, arrangement, understanding, promise or undertaking, whether express or implied that is enforceable, or intended to be enforceable, by legal proceedings.
ASIC means the Australian Securities and Investments Commission.
associated party, for a rental dwelling covered by an allocation, means a person, other than the approved participant or a tenant, who:
 (a) is a party to an arrangement that relates to the dwelling; and
 (b) under the arrangement, is required to pass on to another person who is not the approved participant any payment or benefit (including rent) relating to the dwelling.
certificate of occupancy, for a dwelling, means a certificate (however described) that:
 (a) is issued or recognised by:
 (i) the State or Territory, or an authority of the State or Territory, in which the dwelling is located; or
 (ii) the local governing body that governs the area in which the dwelling is located; and
 (b) states that the dwelling is suitable for residential purposes; and
 (c) does not state that the dwelling is suitable for any other purpose.
child has the meaning given by paragraph 41(1)(e).
compliance breach has the meaning given by subsection 24(3).
conditions, of an allocation, means:
 (a) the general conditions of the allocation; or
 (b) any special conditions of the allocation.
conditions of the reservation, of a provisional allocation, means:
 (a) the conditions of the reservation (within the meaning of the previous regulations) of the provisional allocation; but
 (b) as varied under paragraph 18(1)(b) of this instrument.
consumer protection law has the same meaning as in the Australian Postal Corporation Act 1989.
contravenes: the approved participant for a rental dwelling covered by an allocation contravenes a condition of the allocation if:
 (a) no incentive is available for a period for the dwelling because of circumstances specified in the condition of the allocation; and
 (b) those circumstances are within the control of the approved participant.
disqualified person: a person is a disqualified person if section 32 applies for a determination under section 26 that the person has committed a