S. 3(1) def. of domestic partner inserted by No. 27/2001 s. 3(Sch. 1 item 10.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 51.1). domestic partner of a person means— (a) a person who is in a registered relationship with the person; or (b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender); dwelling means any structure that is designed to be used for human habitation and that is capable of being so used, and includes a motor vehicle or trailer that is so designed and capable; S. 3(1) def. of exclusion condition inserted by No. 52/2008 s. 257, amended by No. 53/2010 s. 221(Sch. item 9.1). exclusion condition means an exclusion condition included— (a) in a family violence safety notice under section 29 of the Family Violence Protection Act 2008; or (b) in a family violence intervention order under section 82 of that Act; or (c) in a personal safety intervention order under section 67 of the Personal Safety Intervention Order Act 2010; S. 3(1) def. of exclusive occupancy right inserted by No. 63/2005 s. 4(a). exclusive occupancy right, in relation to a room or rooming house, means a residency right of a kind set out in section 92A; S. 3(1) def. of facilities amended by No. 67/2010 s. 5(4). facilities means— (a) land or buildings intended for use for storage space or car parking; (b) laundry facilities; (c) cooking facilities; (d) recreational areas;
National Taxation Reform (Consequential Provisions) Act 2000 by a person that is a State entity within the meaning of that Act; guarantee includes indemnity; S. 3(1) def. of health or residential service amended by Nos 48/2006 s. 42(Sch. item 30), 23/2006, s. 248(1), 49/2010 s. 231, 26/2014 s. 455(Sch. item 25). health or residential service means— (a) a residential care service, State funded residential care service, health service establishment, denominational hospital or public hospital within the meaning of the Health Services Act 1988; or (b) premises used for a designated mental health service within the meaning of the Mental Health Act 2014; or (c) premises used for a residential service within the meaning of the Disability Act 2006; or (d) premises used for a secure welfare service within the meaning of the Children, Youth and Families Act 2005; or (e) premises where accommodation is provided by a service agency for the purpose of delivering support services by that agency to a client of that agency; or (f) premises used for a supported residential service within the meaning of the Supported Residential Services (Private Proprietors) Act 2010; S. 3(1) def. of hearing repealed by No. 52/1998 s. 235(2)(a). * * * * *
personal documents means— (a) official documents; or (b) photographs; or (c) correspondence; or (d) any other document which it would be reasonable to expect that a person would want to keep; S. 3(1) def of personal safety intervention order inserted by No. 53/2010 s. 221(Sch. item 9.2). personal safety intervention order has the meaning given by the Personal Safety Intervention Orders Act 2010; S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 144.1). police officer has the same meaning as in the Victoria Police Act 2013; S. 3(1) def. of prescribed rating system inserted by No. 32/2010 s. 78(2). prescribed rating system, in relation to water appliances, fixtures and fittings, means a system of rating the water efficiency of water appliances, fixtures and fittings that is prescribed; S. 3(1) def. of principal registrar inserted by No. 52/1998 s. 235(2)(b). principal registrar means principal registrar of the Tribunal; S. 3(1) def. of proprietor inserted by No. 56/2012 s. 14. proprietor, in relation to a rooming house, means a person providing prescribed accommodation within the meaning of the Public Health and Wellbeing Act 2008, where the prescribed accommodation is a rooming house;
public statutory authority means an office or body corporate or unincorporate established by or under an Act for a public purpose and includes a municipal council; S. 3(1) def. of registered rooming house inserted by No. 56/2012 s. 14. registered rooming house means a rooming house registered in accordance with Division 4 of Part 6 of the Public Health and Wellbeing Act 2008 because it is prescribed accommodation within the meaning of that Act; S. 3(1) def. of registrable movable dwelling inserted by No. 67/2010 s. 5(1). registrable movable dwelling means a movable dwelling that is or has been registered or is required to be registered under the Road Safety Act 1986; S. 3(1) def. of Registrar repealed by No. 52/1998 s. 235(2)(c). * * * * * S. 3(1) def. of rent amended by Nos 63/2005 s. 4(b), 67/2010 s. 5(5). rent means— (a) in relation to a tenancy agreement, the amount paid to a landlord by a tenant to occupy rented premises and use facilities and services; or (b) in relation to the residency of a rooming house, the amount paid to a rooming house owner by a resident to occupy a room and use facilities and services; or (c) in relation to the residency of a caravan park, the amount paid to a caravan park owner by a resident to occupy a site and use facilities and services; or
(d) in relation to a site agreement, the amount paid to a site owner by a site tenant to occupy a Part 4A site and use facilities and services— but does not include any amount for which a tenant or resident is liable under section 52, 57, 108, 109A, 162 or 206ZE; Rent Special Account means the Rent Special Account established under section 485; rented premises in relation to a tenancy agreement to which this Act applies means the premises let under the tenancy agreement; residency right means— (a) in relation to a room or rooming house, a right conferred by section 92; or (b) in relation to a site or caravan in a caravan park or a caravan park, a right conferred by section 143; S. 3(1) def. of resident amended by Nos 63/2005 s. 4(c), 67/2010 s. 5(6). resident means— (a) in relation to a rooming house, a person who, with the agreement of the rooming house owner, occupies a room as his or her only or main residence; or (b) in relation to a caravan park, a person (other than a site tenant) who occupies a site in the caravan park as his or her only or main residence and— (i) who has obtained the prior written agreement of the caravan park owner to do so (whether that agreement was given in respect of that site or another site in the caravan park); or
(2) On an application under subsection (1), the Tribunal may by order declare invalid or vary a term of the tenancy agreement if it is satisfied that the term is harsh or unconscionable or is such that a court exercising its equitable jurisdiction would grant relief. (3) An order under this section has effect according to its terms. 29 Copy of agreement to be made available to tenant S. 29(1) amended by No. 67/2010 s. 92. (1) A landlord must not give a tenant— (a) a proposed tenancy agreement; or (b) any other document which contains terms that are proposed to form part of the tenancy agreement— to sign unless the landlord has given the tenant a copy of that proposed agreement or other document for the tenant's own use. Penalty: 10 penalty units. S. 29(2) amended by No. 67/2010 s. 92. (2) If a tenancy agreement or any terms of it are in writing signed by the tenant, the landlord must give the tenant a copy of the agreement or those terms signed by the tenant and the landlord within 14 days after the agreement is entered into or the terms are agreed. Penalty: 10 penalty units. 30 Tenants with children S. 30(1) amended by No. 67/2010 s. 93. (1) A person must not— (a) refuse to let rented premises; or
(4) This section applies despite anything to the contrary in any tenancy agreement. (5) In this section Director of Housing includes any incorporated body that receives financial assistance from the Director of Housing for the purposes of providing non-profit housing. 58 Indemnity for taxes and rates (1) A landlord under a tenancy agreement must indemnify the tenant for any amount recoverable from the tenant by a public statutory authority for rates or taxes payable under an Act for those rented premises. (2) Subsection (1) does not apply to— (a) rates or taxes based solely on the amount of a substance or service that is supplied to the premises; or (b) a fixed term tenancy agreement for a period exceeding 1 year. Division 5—General duties of tenants and landlords 59 Tenant must not use premises for illegal purpose A tenant must not use the rented premises or permit their use for any purpose that is illegal at common law or under an Act. 60 Tenant must not cause nuisance or interference (1) A tenant must not use the rented premises or permit their use in any manner that causes a nuisance. (2) A tenant must not— (a) use the rented premises or common areas; or (b) permit his or her visitors to use the rented premises or common areas; or
78 Landlord may give tenant repair notice (1) A landlord may give a repair notice to a tenant if damage is caused to the rented premises because of a failure of the tenant to comply with section 61(1). (2) The repair notice must be in writing and must state— (a) the nature of the damage; and (b) that the damage was caused by the failure of the tenant to ensure that care was taken to avoid damaging the premises; and (c) if the landlord wishes the tenant to repair the damage— (i) that the landlord requires the tenant to repair the damage at the tenant's expense within 14 days after the giving of notice by the landlord; and (ii) that if the tenant has not repaired the damage in a tradesman-like manner within that period, the landlord may repair the damage at the tenant's expense; and (d) if the landlord wishes to repair the damage, that the landlord is undertaking the repairs and the tenant is liable for the reasonable cost of the repairs. 79 Landlord may do repairs and tenant liable for costs (1) If the landlord gives the tenant a repair notice under section 78 requiring the tenant to repair damage and the tenant has not repaired the damage in a proper and tradesman-like manner within 14 days after the giving of notice, the landlord may repair the damage at the tenant's expense.
application of or exercise of a right conferred by this Act is invalid. S. 94(3A) inserted by No. 63/2005 s. 8. (3A) Despite subsections (1) and (1A), a resident cannot enter into a tenancy agreement with a rooming house owner in respect of a room unless the resident has or is to have exclusive occupancy of the room. (4) In this section, resident includes a proposed resident. S. 94A inserted by No. 45/2002 s. 29. 94A Harsh and unconscionable terms (1) A resident may apply to the Tribunal for an order declaring invalid or varying a term of an agreement referred to in section 94(2). (2) On an application under subsection (1), the Tribunal, by order, may declare invalid or vary a term of the agreement if it is satisfied that the term is harsh or unconscionable or is such that a court exercising its equitable jurisdiction would grant relief. (3) An order under this section has effect according to its terms. Pt 3 Div. 1A (Heading and ss 94B–94D) inserted by No. 63/2005 s. 9. Division 1A—Shared room rights S. 94B inserted by No. 63/2005 s. 9. 94B Consent required for increase in room capacity S. 94B(1) amended by No. 67/2010 s. 109. (1) A rooming house owner must not increase the room capacity of a room that is occupied by one or more residents unless— (a) the rooming house owner has first given each existing resident of the room notice of the
Division 5—General duties of residents and rooming house owners 110 Resident's use of room A resident must use the room for residential purposes only. S. 111 amended by No. 63/2005 s. 15(1)(2) (ILA s. 39B(1)). 111 Resident must not use room for illegal purposes (1) In the case of a room other than a shared room, a resident must not use the room or permit its use for any purpose that is illegal at common law or under an Act. S. 111(2) inserted by No. 63/2005 s. 15(2). (2) A resident of a shared room must not use the room or permit his or her visitors to use the room for any purpose that is illegal at common law or under an Act. S. 112 amended by No. 63/2005 s. 16(1)(2) (ILA s. 39B(1)). 112 Resident's duty to pay rent (1) Subject to subsection (2), a resident must pay the agreed rent to the rooming house owner on the due date and in the agreed manner. S. 112(2) inserted by No. 63/2005 s. 16(2). (2) Despite subsection (1), if a rooming house owner contravenes section 94B or 529 by permitting an additional person to occupy a room in the rooming house, an existing resident of the room at the date that the additional person commenced occupation of the room is not liable to pay rent for his or her occupancy of the room in respect of the period commencing on that date and ending on the first of the following to occur— (a) the date that the room capacity of the room is reduced to the room capacity existing immediately before the additional person commenced occupation of the room; or (b) the date that the consent of the existing resident of the room to the increase in room capacity under section 94D takes effect.
(2) A rooming house owner must ensure that a facility or service provided to a resident of a rooming house complies with any applicable rooming house standard. (3) A rooming house owner must ensure that a common area provided for access by a resident of a rooming house complies with any applicable rooming house standard. 121 Rooming house owner must provide access A rooming house owner must— (a) provide a resident with 24 hour access to his or her room and the toilet and bathroom facilities; (b) provide access during all reasonable hours to other facilities for the resident's use in the rooming house. S. 122 amended by No. 63/2005 s. 18 (ILA s. 39B(1)). 122 Quiet enjoyment—rooming house owner's duty (1) A rooming house owner must not unreasonably restrict or interfere with a resident's privacy, peace and quiet or proper use and enjoyment of his or her room and the facilities for the residents' use in the rooming house. S. 122(2) inserted by No. 63/2005 s. 18. (2) A rooming house owner must take all reasonable steps to ensure that a resident of a shared room does not do anything or permit his or her visitors to do anything that interferes with the privacy, peace and quiet of, or the proper use and enjoyment of the room by, other residents of the room. S. 122(3) inserted by No. 63/2005 s. 18. (3) A rooming house owner does not breach a duty under subsection (1) simply by permitting more than one resident to occupy a shared room in accordance with this Part.
payment, the provision of a copy of the record to the resident. Penalty: 10 penalty units. S. 151(2A) inserted by No. 45/2002 s. 47, amended by No. 67/2010 s. 124. (2A) If a resident requests a copy of a record under subsection (2)(b) before the end of 12 months after making the payment of rent or the payment of a hiring charge, a person who keeps a record under subsection (2) must provide a copy of that record to the resident within 5 business days after receiving the request. Penalty: 10 penalty units. S. 151(2B) inserted by No. 45/2002 s. 47. (2B) For the purposes of subsection (2), a record must contain information which enables the details specified in paragraphs (a) to (e) of subsection (3) to be identified. (3) A receipt under this section must be signed by the person who receives the payment and must state— (a) the name of the resident and the caravan park; and (b) the date of receipt; and (c) the period for which payment is made; and (d) the amount paid; and (e) the fact that the payment is for rent or a hiring charge. (4) The regulations may provide that a prescribed person is exempt from subsection (1), (2) or (3) subject to the conditions, if any, specified in the regulations. 152 How much notice is required of rent or hiring charge increase? S. 152(1) amended by No. 45/2002 s. 48(1)(a). (1) A caravan park owner must give a resident at least 60 days notice in the prescribed form of a proposed rent increase.
purpose set out in section 206ZZJ(a), (c) or (e), 14 days; or (ia) for a duty under section 206ZZM in relation to a right of entry for a purpose set out in section 206ZZJ(b) or (d), 3 days; or (ii) for a duty under Division 5 or Division 6 of Part 4A, 14 days. 208 Breach of duty notice (1) A person to whom a duty is owed under a duty provision or that person's agent, may give a breach of duty notice to a person in breach of that duty. (2) A notice under subsection (1) must— (a) specify the breach; and (b) give details of the loss or damage caused by the breach; and (c) require the person, within the required time after receiving the notice— (i) to remedy the breach if possible; or (ii) to compensate the person to whom the duty is owed; and (d) state that the person in breach must not commit a similar breach again; and S. 208(2)(e) substituted by No. 45/2002 s. 88(a). (e) state that if the notice is not complied with— (i) an application for compensation or a compliance order may be made to the Tribunal; or S. 208(2)(e)(ii) amended by No. 67/2010 s. 12(a). (ii) if section 240 or 317V (as the case requires) applies, a notice of intention to vacate may be given; or
site and has given a notice of termination of the site agreement to the site owner on the ground that the Part 4A site— (a) is unsafe; or (b) is not legally available for use as a Part 4A site; or (c) is for any other reason unavailable for occupation. S. 317K inserted by No. 67/2010 s. 22. 317K Offences relating to interference with rights (1) Except in accordance with this Act, a person must not require, compel or attempt to compel a site tenant to vacate a Part 4A site. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. (2) Except in accordance with this Act, a person must not exclude a site tenant or attempt to exclude a site tenant from, or restrict or attempt to restrict a site tenant's access to— (a) a site tenant's Part 4A dwelling; or (b) a Part 4A site on which the site tenant's Part 4A dwelling is situated; or (c) the Part 4A park in which the site tenant's Part 4A dwelling is situated. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. (3) Except in accordance with this Act, a person must not interfere with the peace, comfort or privacy of a site tenant for the purposes of causing the site tenant to abandon the Part 4A site.
S. 319(a) amended by No. 45/2002 s. 62(a). (a) it is in the relevant prescribed form; and S. 319(b) amended by No. 67/2010 s. 24(a). (b) it is addressed to the tenant, resident or site tenant (as the case requires); and (c) it is signed by the person giving the notice or by that person's agent; and S. 319(d) amended by Nos 45/2002 s. 62(b), 67/2010 s. 24(b), 57/2013 s. 15. (d) except in the case of a notice under section 263, 288, 314, 317ZF or 317ZG, it specifies the reason or reasons for giving the notice; and (e) it specifies the date by which compliance is required (the termination date). S. 319A inserted by No. 45/2002 s. 63. 319A Composite notices to vacate If a person is or becomes entitled to give 2 or more notices to vacate under section 255, 256, 257, 258, 259, 260, 285 or 286— (a) the person may give one composite notice to vacate in accordance with section 319; and (b) that notice is to be taken to be a notice to vacate under each of the sections referred to in the notice. 320 What if 2 or more notices can be served?
determination were an application for a possession order made under section 322. Division 3—Recovery of possession of rented premises where occupied without consent 344 Application for possession order if premises occupied without consent (1) A person who claims to be entitled to the possession of premises may apply to the Tribunal for a possession order if— (a) the premises have been rented premises under a tenancy agreement at any time within the period of 12 months before the date of the application; and (b) the applicant alleges that the premises are occupied solely by a person (not being a tenant under a tenancy agreement) who entered into or remained in occupation without the applicant's licence or consent or that of any predecessor in title of the applicant. S. 344(2) repealed by No. 52/1998 s. 236(p). * * * * * 345 Order of Tribunal The Tribunal must make a possession order for the premises if the Tribunal is satisfied that— (a) the applicant under section 344 is entitled to possession of the premises; and (b) there are reasonable grounds for believing that a person is occupying the premises without licence or consent. 346 What must the possession order provide? A possession order under this Division must—
If a person on whom a copy of an order and a notice is served under this Division appears to answer the notice, the Tribunal— (a) on giving both parties an opportunity to be heard, must determine the matter; and S. 349(b) amended by No. 52/1998 s. 236(q). (b) if it is satisfied that the applicant is entitled to the premises, must direct the principal registrar to issue a warrant of possession against all persons for the time being occupying the premises; and (c) if it is not satisfied that the applicant is entitled to the premises, may cancel the possession order. 350 Effect of this Division This Division has effect despite anything to the contrary in any other provision of this Act. Division 4—Warrants of possession 351 Issue of warrant of possession S. 351(1) amended by No. 52/1998 s. 236(q). (1) Subject to subsection (2), a person who obtains a possession order under this Part may apply to the principal registrar for a warrant of possession— (a) immediately, if the possession order so provides; or S. 351(1)(b) amended by No. 67/2010 s. 34. (b) within 6 months after the date of the possession order if the tenant, resident or site tenant fails to comply with the possession order. S. 351(2) amended by No. 52/1998 s. 236(q). (2) A person who obtains a possession order under Division 2 may apply to the principal registrar for a warrant of possession not more than 30 days after the date of the possession order.
S. 377(3) amended by No. 67/2010 s. 146. (3) A caravan park owner must not allow a person who is not a party to a residency right suspended under section 370 to occupy the site in the caravan park to which that residency right applies during the period of suspension. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. S. 377(3A) inserted by No. 67/2010 s. 43. (3A) A site owner must not allow a person who is not a party to a site agreement suspended under section 370 to occupy the Part 4A site to which that site agreement applies during the period of suspension. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. S. 377(4) inserted by No. 63/2005 s. 29. (4) Despite subsection (2), a rooming house owner may permit a new resident to occupy a shared room in the rooming house if the room capacity of the room (including the resident with the suspended residency right) would not be exceeded. S. 377A (Heading) amended by No. 67/2010 s. 44(1). S. 377A inserted by No. 45/2002 s. 95. 377A Notice to leave prohibited if notice to vacate under section 244, 279, 303 or 317Y already given A manager is not entitled to give a notice to leave under section 368 in respect of an act or omission if—
S. 410A (Heading) amended by No. 93/2003 s. 7(1). S. 410A inserted by No. 45/2002 s. 72. 410A Payment of bond by cheque, Director of Housing voucher or money order S. 410A(1) substituted by No. 93/2003 s. 7(2), amended by No. 47/2012 s. 15. (1) Without limiting any manner in which an amount of bond may be paid, for the purposes of this Division, a landlord receives an amount of bond from a tenant if the tenant gives the landlord the amount of bond— (a) in the form of a cheque made payable to the Authority; or (b) in the form of a money order made payable to the Authority; or (c) in the form of a Director of Housing voucher; or (d) in a combination of 2 or more forms specified in paragraphs (a), (b) and (c). S. 410A(2) amended by No. 47/2012 s. 15(a). (2) Despite anything to the contrary in this Division, a tenant who gives a landlord a cheque for an amount of bond made payable to the Authority is not to be taken to have paid an amount of bond if the cheque is not honoured on its presentation. S. 410B inserted by No. 47/2012 s. 16. 410B Payment of substitute bond (1) A tenant under a tenancy agreement may substitute an amount of bond paid by the tenant and held by the Authority in relation to that tenancy agreement with an equivalent amount of bond paid on behalf of the tenant by the Director of Housing or an agent of the Director of Housing (whether in the form of a Director of Housing voucher or otherwise). (2) For the purposes of subsection (1), a tenant must—
S. 412(5A) inserted by No. 47/2012 s. 21(2). (5A) A landlord must not request or obtain a tenant's signature to an application under this section if the application does not specify— (a) the amount of bond to be refunded; and (b) the apportionment (if any) of that amount. Penalty: 20 penalty units. S. 412(6) amended by No. 93/2003 s. 10. (6) This section does not apply if the amount of bond was paid on behalf of a tenant by the Director of Housing or an agent of the Director of Housing. S. 413 (Heading) inserted by No. 47/2012 s. 22(1). 413 Payment to Director of Housing S. 413(1) amended by No. 47/2012 s. 22(2). (1) The Authority must pay an amount of bond to the Director of Housing if the landlord under the tenancy agreement in respect of which the amount of bond was paid applies to the Authority for payment of that amount to the Director of Housing. S. 413(1A) inserted by No. 93/2003 s. 11(1), repealed by No. 47/2012 s. 22(3)(a). * * * * * S. 413(2) amended by No. 45/2002 s. 73(2). (2) The application must be made in a form and manner approved by the Director. S. 413(3) inserted by No. 93/2003 s. 11(2), repealed by No. 47/2012 s. 22(3)(b). * * * * *
(c) the failure by the tenant to keep the rented premises in a reasonably clean condition, fair wear and tear excepted; (d) the abandonment of the rented premises by the tenant; (e) the liability of the landlord for charges payable by the tenant that are or may be recoverable by the person to whom they are owed from the landlord. S. 419(2) repealed by No. 52/1998 s. 238(a). * * * * * 420 Determination by Tribunal The Tribunal must determine any application made to it under section 416 or 417. 421 Bond paid by Director of Housing S. 421(1) amended by No. 93/2003 s. 14(1). (1) The Director of Housing is a party to any proceeding before the Tribunal in relation to an amount of bond which was paid on behalf of a tenant by the Director of Housing or an agent of the Director of Housing. S. 421(2) repealed by No. 52/1998 s. 238(b). * * * * * (3) The Authority must pay to the Director of Housing or an agent of the Director of Housing and not to the tenant any amount of bond to which the tenant is entitled under this Part if— S. 421(3)(a) amended by Nos 93/2003 s. 14(2), 47/2012 s. 24. (a) the bond lodgment form or bond substitution form states that the amount of bond was paid on behalf of the tenant by the Director of Housing or an agent of the Director of Housing; or
S. 505(2) amended by No. 67/2010 s. 160. (2) A rooming house owner must not demand or accept from a resident who has failed to comply with the rooming house provisions the payment by reason of that failure of any amount other than— (a) rent in accordance with this Act; or (b) any other payment provided for in this Act. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. S. 505(3) inserted by No. 45/2002 s. 58, amended by No. 67/2010 s. 160. (3) A caravan park owner or a caravan owner must not demand or accept from a resident of a site or caravan who has failed to comply with the caravan park provisions the payment by reason of that failure of any amount other than— (a) rent or a hiring charge in accordance with this Act; or (b) any other payment provided for in this Act. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate. S. 505(4) inserted by No. 67/2010 s. 70. (4) A person must not demand or accept from a site tenant under a site agreement who has failed to comply with the site agreement or with any of the provisions of this Act relating to the site agreement the payment by reason of the failure of any amount other than— (a) subject to this Act, rent under the site agreement; or
and Fair Trading Act 2012 were a reference to this Act; (c) section 212 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference to prescribed proceedings were a reference to— (i) proceedings for an offence against a provision of this Act (except Part 14 and an offence applied by subsection (1)); or (ii) proceedings on an application for an injunction under section 201, 202, 203, 205 or 206 of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (2)) against a person alleged to have contravened a provision of this Act (except Part 14 and an offence applied by subsection (1)); or (iii) proceedings on an application for an order under section 216, or for damages under section 217, of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (2)). 508 Proceedings for offences S. 508(1) amended by No. 35/2000 s. 50(c), substituted by No. 103/2004 s. 64. (1) Proceedings for an offence against this Act may only be brought by— (a) the Director; or (b) a person authorised by the Director for the purposes of this section; or S. 508(1)(c) amended by No. 37/2014 s. 10(Sch. item 144.2). (c) a police officer.
S. 511(3)(ba) inserted by No. 67/2010 s. 170 (as amended by No. 36/2011 s. 38(3)). (ba) apply at all times or specified times; S. 511(3)(bb) inserted by No. 67/2010 s. 170 (as amended by No. 36/2011 s. 38(3)). (bb) require matters in the regulations to be— (i) in accordance with specified standards or specified requirements; or (ii) approved by, or to the satisfaction of, a specified person or body or specified classes of person or body; or (iii) as specified in both subparagraphs (i) and (ii); S. 511(3)(bc) inserted by No. 67/2010 s. 170 (as amended by No. 36/2011 s. 38(3)). (bc) apply, adopt or incorporate any matter in any document or any method, whether— (i) wholly or partially or as amended by the regulations; or (ii) as formulated or published on or before the date when the regulations are made; or (iii) as formulated or published from time to time; S. 511(3)(bd) inserted by No. 67/2010 s. 170 (as amended by No. 36/2011 s. 38(3)). (bd) confer a discretionary authority or impose a duty on a specified person or body or specified classes of person or body; S. 511(3)(be) inserted by No. 67/2010 s. 170 (as amended by No. 36/2011 s. 38(3)). (be) provide for the exemption of a person or thing or classes of person or thing from any of the regulations, whether— (i) unconditionally or on specified conditions; and
identity card to each person authorised under subsection (2A). S. 525(4B) inserted by No. 67/2010 s. 87(4). (4B) The Chief Officer within the meaning of the Metropolitan Fire Brigades Act 1958 must issue an identity card to each person authorised under subsection (2B). (5) An identity card must— (a) contain a photograph of the authorised person; and (b) contain the signature of the authorised person; and (c) if the identity card is issued by the Secretary, be signed by the Secretary; and S. 525(5)(d) amended by No. 67/2010 s. 87(5)(a). (d) if the identity card is issued by a municipal council, be signed by a member of staff of the municipal council appointed for the purpose; and S. 525(5)(e) inserted by No. 67/2010 s. 87(5)(b). (e) if the identity card is issued by the Chief Officer within the meaning of the Country Fire Authority Act 1958, be signed by the Chief Officer; and S. 525(5)(f) inserted by No. 67/2010 s. 87(5)(b). (f) if the identity card is issued by the Chief Officer within the meaning of the Metropolitan Fire Brigades Act 1958, be signed by the Chief Officer. (6) An authorised person must— (a) carry an identity card whenever the authorised person is exercising his or her powers under section 526; and (b) show the identity card on being requested to do so. 1 penalty unit.
(b) before that commencement has not— (i) lapsed or been cancelled; or (ii) been executed. Sch. 1 Div. 4 (Heading and cls 12–14) inserted by No. 21/2012 s. 239(Sch. 6 item 36.5). Division 4—Australian Consumer Law and Fair Trading Act 2012 Sch. 1 cl. 12 inserted by No. 21/2012 s. 239(Sch. 6 item 36.5). 12 Commencement day In this Division, commencement day means the day on which section 236 of the Australian Consumer Law and Fair Trading Act 2012 comes into operation. Sch. 1 cl. 13 inserted by No. 21/2012 s. 239(Sch. 6 item 36.5). 13 Saving for protected tenants Part V of the Landlord and Tenant Act 1958 continues to apply to a lease of premises to which that Part applied immediately before the commencement day for so long as those premises remain prescribed premises. Sch. 1 cl. 14 inserted by No. 21/2012 s. 239(Sch. 6 item 36.5). 14 Part V leases of prescribed premises to be transitioned to Residential Tenancies Act 1997 except in certain circumstances (1) If a lessee in possession of premises to which Part V of the Landlord and Tenant Act 1958 applies dies on or after the commencement day, only the partner of the lessee who is residing with the lessee at the time of that death may take over the protected tenancy pursuant to section 106 of that Act.