Residential Tenancies Amendment Regulations 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Residential Tenancies Amendment Regulations 2016 S.R. No. 96/2016 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Residential tenancy agreement 2 ═══════════════ Endnotes 4 -- 1 of 5 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2016 S.R. No. 96/2016 Residential Tenancies Act 1997 Residential Tenancies Amendment Regulations 2016 The Governor in Council makes the following Regulations: Dated: 2 August 2016 Responsible Minister: MARLENE KAIROUZ Minister for Consumer Affairs, Gaming and Liquor Regulation ANDREW ROBINSON Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the prescribed standard form of residential tenancy agreement in the Residential Tenancies Regulations 2008 to provide for electronic service of notices and documents and to make certain other minor changes. 2 Authorising provision These Regulations are made under section 511 of the Residential Tenancies Act 1997. 3 Commencement These Regulations come into operation on 30 September 2016. -- 2 of 5 -- Residential Tenancies Amendment Regulations 2016 S.R. No. 96/2016 Authorised by the Chief Parliamentary Counsel 2 4 Residential tenancy agreement In Form 1 of Schedule 1 to the Residential Tenancies Regulations 20081 — (a) after Clause 4 insert— "4A. CONSENT TO ELECTRONIC SERVICE (1) Express Consent The TENANT: [Check one box only]  Consents to the electronic service of notices and other documents in accordance with the requirements of the Electronic Transactions (Victoria) Act 2000 at this email address: Email address ....................................................................... OR  Does Not Consent to the electronic service of notices and other documents. The LANDLORD: [Check one box only]  Consents to the electronic service of notices and other documents in accordance with the requirements of the Electronic Transactions (Victoria) Act 2000 at this email address: Email address ....................................................................... OR  Does Not Consent to the electronic service of notices and other documents. (2) Inferred Consent If the TENANT or the LANDLORD (as the case may be) has not consented to electronic service under subclause (1), the TENANT or the LANDLORD must not infer consent to electronic service from the receipt or response to emails or other electronic communications. -- 3 of 5 -- Residential Tenancies Amendment Regulations 2016 S.R. No. 96/2016 Authorised by the Chief Parliamentary Counsel 3 (3) Change of Electronic Address The TENANT or the LANDLORD must immediately give notice in writing to the other party if the email address for electronic service under subclause (1) changes. (4) Withdrawal of Consent (a) The TENANT or the LANDLORD may withdraw their consent under subclause (1) to electronic service of notices and other documents only by giving notice in writing to the other party. (b) Following the giving of notice under paragraph (a), no further notices or other documents are to be served by electronic communication."; (b) in Clause 6(b) omit "the premises and"; (c) for "the Fair Trading Act 1999" substitute "Part 2-3 of the Australian Consumer Law (Victoria)"; (d) after "for further information" insert "or visit www.consumer.vic.gov.au". ═══════════════ -- 4 of 5 -- Endnotes Residential Tenancies Amendment Regulations 2016 S.R. No. 96/2016 Authorised by the Chief Parliamentary Counsel 4 Endnotes 1 Reg. 4: S.R. No. 55/2008. Reprint No. 1 as at 21 August 2013. Reprinted to S.R. No. 49/2013. Subsequently amended by S.R. No. 116/2014. -- 5 of 5 --