Residential Tenancies Amendment (Infringements) Regulations 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Residential Tenancies Amendment (Infringements) Regulations 2011 S.R. No. 164/2011 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 1 3 Commencement 2 4 Principal Regulations 2 5 Regulation 27 substituted 2 27 Infringement offences and infringement penalties 2 6 Schedule 2 substituted 3 SCHEDULE 2—Infringement Offences and Infringement Penalties 3 ═══════════════ ENDNOTES 14 -- 1 of 15 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2011 S.R. No. 164/2011 Residential Tenancies Act 1997 Residential Tenancies Amendment (Infringements) Regulations 2011 The Governor in Council makes the following Regulations: Dated: 21 December 2011 Responsible Minister: MICHAEL O'BRIEN Minister for Consumer Affairs MATTHEW McBEATH Clerk of the Executive Council 1 Objectives The objectives of these Regulations are to amend the Residential Tenancies Regulations 2008— (a) to prescribe infringement offences as required as a result of amendments made to the Residential Tenancies Act 1997 by the Consumer Affairs Legislation Amendment (Reform) Act 2010; and (b) to prescribe new infringement offences for the purpose of the Residential Tenancies Act 1997. 2 Authorising provision These Regulations are made under section 511 of the Residential Tenancies Act 1997. -- 2 of 15 -- S.R. No. 164/2011 Residential Tenancies Amendment (Infringements) Regulations 2011 2 Authorised by the Chief Parliamentary Counsel 3 Commencement These Regulations come into operation on 1 January 2012. 4 Principal Regulations In these Regulations, the Residential Tenancies Regulations 2008 1 are called the Principal Regulations. 5 Regulation 27 substituted For regulation 27 of the Principal Regulations substitute— "27 Infringement offences and infringement penalties (1) For the purposes of section 510C(1) of the Act, an offence specified in column 2 of Schedule 2 is prescribed as an infringement offence. (2) For the purposes of section 510C(2) of the Act, the prescribed infringement penalty for an infringement offence is the amount specified in column 3 of Schedule 2 in respect of that infringement offence.". r. 3 -- 3 of 15 -- S.R. No. 164/2011 Residential Tenancies Amendment (Infringements) Regulations 2011 3 Authorised by the Chief Parliamentary Counsel 6 Schedule 2 substituted For Schedule 2 to the Principal Regulations substitute— "SCHEDULE 2 Regulation 27 INFRINGEMENT OFFENCES AND INFRINGEMENT PENALTIES Column 1 Item Column 2 Infringement Offence Column 3 Infringement Penalty 1 An offence against section 26(2) of the Act 2 penalty units 2 An offence against section 29(1) of the Act 2 penalty units 3 An offence against section 29(2) of the Act 2 penalty units 4 An offence against section 34 of the Act 3 penalty units 5 An offence against section 35(1) of the Act 2 penalty units 6 An offence against section 41 of the Act 3 penalty units 7 An offence against section 43(1) of the Act 2 penalty units 8 An offence against section 43(2) of the Act 2 penalty units 9 An offence against section 43(2A) of the Act 2 penalty units 10 An offence against section 49 of the Act 3 penalty units 11 An offence against section 51(1) of the Act 3 penalty units r. 6 -- 4 of 15 -- S.R. No. 164/2011 Residential Tenancies Amendment (Infringements) Regulations 2011 4 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Infringement Offence Column 3 Infringement Penalty 12 An offence against section 51(2) of the Act 3 penalty units 13 An offence against section 51(3) of the Act 3 penalty units 14 An offence against section 56(1) of the Act 3 penalty units 15 An offence against section 66(1) of the Act 2 penalty units 16 An offence against section 66(2) of the Act 2 penalty units 17 An offence against section 66(3) of the Act 2 penalty units 18 An offence against section 66(4) of the Act 2 penalty units 19 An offence against section 92C(1) of the Act 2 penalty units 20 An offence against section 96 of the Act 3 penalty units 21 An offence against section 97(1) of the Act 2 penalty units 22 An offence against section 99 of the Act 3 penalty units 23 An offence against section 100(1) of the Act 2 penalty units 24 An offence against section 100(2) of the Act 2 penalty units 25 An offence against section 100(2A) of the Act 2 penalty units 26 An offence against section 107 of the Act 3 penalty units r. 6 -- 5 of 15 -- S.R. No. 164/2011 Residential Tenancies Amendment (Infringements) Regulations 2011 5 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Infringement Offence Column 3 Infringement Penalty 27 An offence against section 124 of the Act 2 penalty units 28 An offence against section 125(1) of the Act 2 penalty units 29 An offence against section 125(2) of the Act 2 penalty units 30 An offence against section 125(3) of the Act 2 penalty units 31 An offence against section 127(1) of the Act 2 penalty units 32 An offence against section 142D of the Act 5 penalty units 33 An offence against section 145 of the Act 2 penalty units 34 An offence against section 146(3) of the Act 3 penalty units 35 An offence against section 147 of the Act 3 penalty units 36 An offence against section 148(1) of the Act 2 penalty units 37 An offence against section 150(1) of the Act 3 penalty units 38 An offence against section 150(2) of the Act 3 penalty units 39 An offence against section 151(1) of the Act 2 penalty units r. 6 -- 6 of 15 -- S.R. No. 164/2011 Residential Tenancies Amendment (Infringements) Regulations 2011 6 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Infringement Offence Column 3 Infringement Penalty 40 An offence against section 151(2) of the Act 2 penalty units 41 An offence against section 151(2A) of the Act 2 penalty units 42 An offence against section 160 of the Act 3 penalty units 43 An offence against section 166(1) of the Act 3 penalty units 44 An offence against section 182 of the Act 2 penalty units 45 An offence against section 183(1) of the Act 2 penalty units 46 An offence against section 183(2) of the Act 2 penalty units 47 An offence against section 184(1) of the Act 2 penalty units 48 An offence against section 184(2) of the Act 2 penalty units 49 An offence against section 184(3) of the Act 2 penalty units 50 An offence against section 186(1) of the Act 2 penalty units 51 An offence against section 198(1) of the Act 2 penalty units r. 6 -- 7 of 15 -- S.R. No. 164/2011 Residential Tenancies Amendment (Infringements) Regulations 2011 7 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Infringement Offence Column 3 Infringement Penalty 52 An offence against section 198(2) of the Act In the case of a natural person 5 penalty units In the case of a body corporate 20 penalty units 53 An offence against section 206E(2) of the Act 2 penalty units 54 An offence against section 206I(1) of the Act 2 penalty units 55 An offence against section 206K(1) of the Act 3 penalty units 56 An offence against section 206N of the Act 3 penalty units 57 An offence against section 206O(1) of the Act 2 penalty units 58 An offence against section 206T of the Act 3 penalty units 59 An offence against section 206U(1) of the Act 2 penalty units 60 An offence against section 206U(2) of the Act 2 penalty units 61 An offence against section 206U(3) of the Act 2 penalty units 62 An offence against section 206ZH(1) of the Act 3 penalty units r. 6 -- 8 of 15 -- S.R. No. 164/2011 Residential Tenancies Amendment (Infringements) Regulations 2011 8 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Infringement Offence Column 3 Infringement Penalty 63 An offence against section 206ZR(1) of the Act 2 penalty units 64 An offence against section 206ZS(1) of the Act 2 penalty units 65 An offence against section 206ZX(1) of the Act 2 penalty units 66 An offence against section 206ZX(2) of the Act 2 penalty units 67 An offence against section 206ZX(3) of the Act 2 penalty units 68 An offence against section 206ZZ(1) of the Act 2 penalty units 69 An offence against section 206ZZH(2) of the Act 5 penalty units 70 An offence against section 206ZZH(3) of the Act 2 penalty units 71 An offence against section 264(1) of the Act In the case of a natural person 5 penalty units In the case of a body corporate 20 penalty units 72 An offence against section 287(1) of the Act In the case of a natural person 5 penalty units In the case of a body corporate 20 penalty units r. 6 -- 9 of 15 -- S.R. No. 164/2011 Residential Tenancies Amendment (Infringements) Regulations 2011 9 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Infringement Offence Column 3 Infringement Penalty 73 An offence against section 295(a) of the Act In the case of a natural person 5 penalty units In the case of a body corporate 20 penalty units 74 An offence against section 295(b) of the Act In the case of a natural person 5 penalty units In the case of a body corporate 20 penalty units 75 An offence against section 295(c) of the Act In the case of a natural person 5 penalty units In the case of a body corporate 20 penalty units 76 An offence against section 295(d) of the Act In the case of a natural person 5 penalty units In the case of a body corporate 20 penalty units 77 An offence against section 295(e) of the Act In the case of a natural person 5 penalty units In the case of a body corporate 20 penalty units 78 An offence against section 295(f) of the Act In the case of a natural person 5 penalty units In the case of a body corporate 20 penalty units r. 6 -- 10 of 15 -- S.R. No. 164/2011 Residential Tenancies Amendment (Infringements) Regulations 2011 10 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Infringement Offence Column 3 Infringement Penalty 79 An offence against section 298(1) of the Act 2 penalty units 80 An offence against section 298(2) of the Act 2 penalty units 81 An offence against section 358(1) of the Act 5 penalty units 82 An offence against section 358(2) of the Act 5 penalty units 83 An offence against section 358(3) of the Act 5 penalty units 84 An offence against section 369 of the Act 2 penalty units 85 An offence against section 372 of the Act 5 penalty units 86 An offence against section 373 of the Act 5 penalty units 87 An offence against section 377(1) of the Act In the case of a natural person 5 penalty units In the case of a body corporate 20 penalty units 88 An offence against section 377(2) of the Act In the case of a natural person 5 penalty units In the case of a body corporate 20 penalty units r. 6 -- 11 of 15 -- S.R. No. 164/2011 Residential Tenancies Amendment (Infringements) Regulations 2011 11 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Infringement Offence Column 3 Infringement Penalty 89 An offence against section 377(3) of the Act In the case of a natural person 5 penalty units In the case of a body corporate 20 penalty units 90 An offence against section 377(3A) of the Act In the case of a natural person 5 penalty units In the case of a body corporate 20 penalty units 91 An offence against section 382(2) of the Act In the case of a natural person 5 penalty units In the case of a body corporate 20 penalty units 92 An offence against section 389(2) of the Act 3 penalty units 93 An offence against section 405(1) of the Act 2 penalty units 94 An offence against section 405(4) of the Act 2 penalty units 95 An offence against section 406 of the Act 3 penalty units 96 An offence against section 424(1) of the Act 3 penalty units 97 An offence against section 424(3) of the Act 3 penalty units r. 6 -- 12 of 15 -- S.R. No. 164/2011 Residential Tenancies Amendment (Infringements) Regulations 2011 12 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Infringement Offence Column 3 Infringement Penalty 98 An offence against section 425(1) of the Act 3 penalty units 99 An offence against section 428 of the Act 3 penalty units 100 An offence against section 439C(2) of the Act 2 penalty units 101 An offence against section 439D(2) of the Act 2 penalty units 102 An offence against section 439F(1) of the Act 2 penalty units 103 An offence against section 439F(2) of the Act 2 penalty units 104 An offence against section 439G(3) of the Act 2 penalty units 105 An offence against section 439H(2) of the Act In the case of a natural person 2 penalty units In the case of a body corporate 10 penalty units 106 An offence against section 439I(1) of the Act 2 penalty units 107 An offence against section 439I(2) of the Act 2 penalty units r. 6 -- 13 of 15 -- S.R. No. 164/2011 Residential Tenancies Amendment (Infringements) Regulations 2011 13 Authorised by the Chief Parliamentary Counsel Column 1 Item Column 2 Infringement Offence Column 3 Infringement Penalty 108 An offence against section 505(1) of the Act In the case of a natural person 3 penalty units In the case of a body corporate 15 penalty units 109 An offence against section 505(2) of the Act In the case of a natural person 3 penalty units In the case of a body corporate 15 penalty units 110 An offence against section 505(3) of the Act In the case of a natural person 3 penalty units In the case of a body corporate 15 penalty units 111 An offence against section 505(4) of the Act In the case of a natural person 3 penalty units In the case of a body corporate 15 penalty units ". ═══════════════ r. 6 r. 6 -- 14 of 15 -- S.R. No. 164/2011 Residential Tenancies Amendment (Infringements) Regulations 2011 14 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 55/2008 as amended by S.R. Nos 12/2009, 77/2010 and 83/2011. —— Penalty Units These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit. The value of a penalty unit for the financial year commencing 1 July 2011 is $122.14. The amount of the calculated penalty may be rounded to the nearest dollar. The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Endnotes -- 15 of 15 --