Residential Tenancies Regulations 2008

Residential Tenancies Regulations 2008 S.R. No. 55/2008 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provisions 1 3 Commencement 1 4 Revocation 2 5 Definitions 2 6 Exemption under section 43(4) 2 7 Form of residential tenancy agreement 3 8 Form of notice to prospective caravan park residents 3 9 Form of notice to vacate to a tenant of rented premises 3 10 Form of notice to vacate to a resident of a rooming house 3 11 Form of notice to vacate to a resident of a caravan park 3 12 Form of tenant's notice of objection under section 336(3)(b) or section 337(4)(a) to the use of the alternative procedure for possession 4 13 Form of tenant's statement of rights under section 336(3)(c)— alternative procedure for possession where there are at least 14 days rent arrears 4 14 Form of tenant's statement of rights under section 337(4)(b)— alternative procedure for possession at the end of a fixed term tenancy 4 15 Form of notice under section 361—disposal of personal documents in a caravan 4 16 Form of notice to leave—violence on managed premises 4 17 Form of notice—goods left behind (forwarding address known) 5 18 Form of notice—goods left behind (forwarding address unknown) 5 19 Form of notice—sale of goods by public auction 5 20 Form of notice of rent increase to a tenant of rented premises 5 21 Form of notice of rent increase to a resident of a rooming house 5 22 Form of notice of rent increase or hiring charge increase to a resident of a caravan park 5 23 Prescribed information—bond lodgement form 6 24 Prescribed information—Authority's receipt for bond 7 25 Prescribed information—assignment or transfer by landlord 7 i -- 1 of 46 -- Regulation Page 26 Prescribed information—assignment or transfer by tenant 8 27 Infringement penalties 8 __________________ SCHEDULES 9 SCHEDULE 1—Forms 9 Form 1—Residential tenancy agreement 9 Form 2—Notice to prospective caravan park residents 13 Form 3—Notice to vacate to tenant of rented premises 14 Form 4—Composite notice to vacate to tenant of rented premises for 2 or more reasons 16 Form 5—Notice to vacate to resident of a rooming house 18 Form 6—Composite notice to vacate to resident of a rooming house for 2 reasons 20 Form 7—Notice to vacate to resident of a caravan park 22 Form 8—Notice of objection to the use of the alternative procedure for possession 24 Form 9—Statement of tenant's rights—alternative procedure for possession at least 14 days rent arrears 25 Form 10—Statement of tenant's rights—alternative procedure for possession at the end of fixed term tenancy 27 Form 11—Sheriff's notice of retained personal documents 29 Form 12—Notice to leave to resident of managed premises or resident's visitor 30 Form 13—Notice to former tenant (goods left behind) 32 Form 14—Notice of goods left behind 33 Form 15—Notice of public auction 34 Form 16—Notice of rent increase to tenant of rented premises 35 Form 17—Notice of rent increase to resident of a rooming house 37 Form 18—Notice of rent increase or hiring charge increase to resident of a caravan park 39 SCHEDULE 2—Infringement Penalties 41 ═══════════════ ENDNOTES 44 ii -- 2 of 46 -- STATUTORY RULES 2008 S.R. No. 55/2008 Residential Tenancies Act 1997 Residential Tenancies Regulations 2008 The Governor in Council makes the following Regulations: Dated: 10 June 2008 Responsible Minister: TONY ROBINSON Minister for Consumer Affairs RYAN HEATH Clerk of the Executive Council 1 Objectives The objectives of these Regulations are— (a) to exempt the Director of Housing and its agents from the requirements of the Residential Tenancies Act 1997 relating to receipts for rents; and (b) to prescribe forms, infringement penalties and other matters required or authorised to be prescribed for the purposes of the Residential Tenancies Act 1997. 2 Authorising provisions The Regulations are made under section 511 of the Residential Tenancies Act 1997. 3 Commencement These Regulations come into operation on 28 June 2008. 1 -- 3 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 r. 4 4 Revocation The following Regulations are revoked— (a) the Residential Tenancies Regulations 19981; (b) the Residential Tenancies (Amendment) Regulations 20032; (c) the Residential Tenancies (Amendment) Regulations 20043; (d) the Residential Tenancies (Amendment) Regulations 20054; (e) the Residential Tenancies (Infringement Penalties) Regulations 20065; (f) the Residential Tenancies (Amendment) Regulations 20076. 5 Definitions In these Regulations the Act means the Residential Tenancies Act 1997. 6 Exemption under section 43(4) The Director of Housing or an agent of the Director of Housing is exempt from the requirements of sections 43(1), 43(2) and 43(3) of the Act subject to the condition that a receipt for payment of rent under a tenancy agreement must— (a) be in writing; and (b) state— (i) particulars sufficient to identify the tenant and the rented premises; and (ii) the date of receipt; and (iii) the amount paid; and (iv) the fact that the payment is for rent. 2 -- 4 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 r. 7 7 Form of residential tenancy agreement For the purposes of section 26(1) of the Act, the prescribed standard form of tenancy agreement is Form 1 in Schedule 1. 8 Form of notice to prospective caravan park residents For the purposes of section 145 of the Act, the prescribed form of notice to prospective caravan park residents is Form 2 in Schedule 1. 9 Form of notice to vacate to a tenant of rented premises (1) For the purposes of section 319(a) of the Act, the prescribed form of notice to vacate to a tenant of rented premises is Form 3 in Schedule 1. (2) For the purposes of section 319(a) and 319A of the Act, the prescribed form of composite notice to vacate to a tenant of rented premises for 2 reasons is Form 4 in Schedule 1. 10 Form of notice to vacate to a resident of a rooming house (1) For the purposes of section 319(a) of the Act, the prescribed form of notice to vacate to a resident from a rooming house is Form 5 in Schedule 1. (2) For the purposes of section 319(a) and 319A of the Act, the prescribed form of composite notice to vacate to a resident of a rooming house for 2 reasons is Form 6 in Schedule 1. 11 Form of notice to vacate to a resident of a caravan park For the purposes of section 319(a) of the Act, the prescribed form of notice to vacate to a 3 -- 5 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 r. 12 resident from a caravan park is Form 7 in Schedule 1. 12 Form of tenant's notice of objection under section 336(3)(b) or section 337(4)(a) to the use of the alternative procedure for possession For the purposes of sections 336(3)(b), 337(4)(a) and 338(1) of the Act, the prescribed form of the tenant's notice of objection is Form 8 in Schedule 1. 13 Form of tenant's statement of rights under section 336(3)(c)—alternative procedure for possession where there are at least 14 days rent arrears For the purposes of section 336(3)(c) of the Act, the prescribed form of the statement of tenant's rights is Form 9 in Schedule 1. 14 Form of tenant's statement of rights under section 337(4)(b)—alternative procedure for possession at the end of a fixed term tenancy For the purposes of section 337(4)(b) of the Act, the prescribed statement of tenant's rights is Form 10 in Schedule 1. 15 Form of notice under section 361—disposal of personal documents in a caravan For the purposes of section 361 of the Act, the prescribed form of notice is Form 11 in Schedule 1. 16 Form of notice to leave—violence on managed premises For the purposes of section 368(3) of the Act, the prescribed form of notice to leave is Form 12 in Schedule 1. 4 -- 6 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 r. 17 17 Form of notice—goods left behind (forwarding address known) For the purposes of section 386(2)(a) of the Act, the prescribed form of notice is Form 13 in Schedule 1. 18 Form of notice—goods left behind (forwarding address unknown) For the purposes of section 386(2)(b) of the Act, the prescribed form of notice is Form 14 in Schedule 1. 19 Form of notice—sale of goods by public auction For the purposes of section 392 of the Act, the prescribed form of notice is Form 15 in Schedule 1. 20 Form of notice of rent increase to a tenant of rented premises For the purposes of section 44(1) of the Act, the prescribed form of notice of a proposed rent increase is Form 16 in Schedule 1. 21 Form of notice of rent increase to a resident of a rooming house For the purposes of section 101(1) of the Act, the prescribed form of notice of a proposed rent increase is Form 17 in Schedule 1. 22 Form of notice of rent increase or hiring charge increase to a resident of a caravan park For the purposes of sections 152(1) and 152(2) of the Act, the prescribed form of notice of a proposed rent increase or hiring charge increase is Form 18 in Schedule 1. 5 -- 7 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 r. 23 23 Prescribed information—bond lodgement form For the purposes of section 405(1) of the Act, the prescribed information is— (a) the type of premises (separate house, terrace or semi-detached, flat or unit, rooming house, caravan or other type of premises, as the case may be); (b) the amount of bond; (c) the date the bond was received by the landlord, rooming house owner, caravan park owner or caravan owner or that person's agent; (d) the names of the tenants or residents who contributed to the bond; (e) the name and address of the landlord, rooming house owner, caravan park owner or caravan owner or that person's agent; (f) the street address of the rented premises, the rooming house and room number or the caravan park and site number; (g) whether the Director of Housing paid the bond; (h) the date the tenancy starts; (i) the weekly rental amount; (j) the period or duration of the tenancy; (k) the number of bedrooms in the tenanted premises; (l) the type of tenancy involved (fixed or periodical). 6 -- 8 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 r. 24 24 Prescribed information—Authority's receipt for bond For the purposes of section 407(1) of the Act, the prescribed information is— (a) the type of tenure (rented premises, rooming house or caravan park); (b) the amount of bond; (c) the date the bond was received by the Authority; (d) the names of the tenants or residents who contributed to the bond; (e) the address of the rented premises, the rooming house and room number or the caravan park and site number; (f) the name and address of the landlord, rooming house owner, caravan park owner or caravan owner; (g) the bond number assigned to the bond by the Authority. 25 Prescribed information—assignment or transfer by landlord For the purposes of section 424(2)(a) of the Act, the prescribed information is— (a) the bond number assigned to the bond by the Authority; (b) the amount of bond; (c) the names of the tenants; (d) the address of the rented premises; (e) the name and address of the former landlord; (f) the name and address of the new landlord; (g) the effective date of the assignment or transfer. 7 -- 9 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 r. 26 26 Prescribed information—assignment or transfer by tenant For the purposes of section 425(2)(a) of the Act, the prescribed information is— (a) the bond number assigned to the bond by the Authority; (b) the amount of bond; (c) the name and address of the landlord; (d) the address of the rented premises; (e) the names of the former tenants; (f) the names of the new tenants; (g) the effective date of the assignment or transfer. 27 Infringement penalties For the purposes of section 510C(2) of the Act, the prescribed infringement penalty for an alleged offence specified in Schedule 2 to the Act is the amount prescribed in penalty units in column 2 of Schedule 2 to these Regulations opposite the relevant offence in column 1 of that Schedule. __________________ 8 -- 10 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 SCHEDULES SCHEDULE 1 FORMS FORM 1 Residential Tenancies Act 1997 (Section 26(1)) RESIDENTIAL TENANCIES REGULATIONS 2008 (Regulation 7) RESIDENTIAL TENANCY AGREEMENT THIS agreement is made on the day of at BETWEEN (LANDLORD) (Name, ACN (if landlord is a company) and address) (*whose agent is ) *strike out if not applicable (Name, ACN (if agent is a company), business address and telephone number) AND (TENANT) (Name, ACN (if tenant is a company) and address) 1. PREMISES The landlord lets the premises known as (*together with those items indicated in the schedule) *strike out if not applicable 9 -- 11 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 2. RENT The rent amount is……… The date the first rent payment is due is…….. Pay period weekly fortnightly monthly (insert the date of each month when the rent is due) Place of payment. 3. BOND The tenant must pay a bond of $ to the Landlord/agent on (date). In accordance with the Residential Tenancies Act 1997, the landlord must lodge the bond with the Residential Tenancies Bond Authority within 10 business days after receiving the bond. If there is more than one tenant and they do not contribute equally to the total bond, the amounts they each contribute are listed here: NAME AMOUNT If the tenant does not receive a bond receipt from the Residential Tenancies Bond Authority within 15 business days of paying a bond, the tenant should contact the Residential Tenancies Bond Authority. 4. PERIOD (a) The period of the agreement is commencing on the day of and ending on the day of . Unless the agreement terminates in accordance with the Residential Tenancies Act 1997, the agreement will continue as a periodic tenancy. OR (b) The agreement will commence from the day of and continue until terminated in accordance with the Residential Tenancies Act 1997. 5. CONDITION OF THE PREMISES The LANDLORD must— (a) ensure that the premises are maintained in good repair; and 10 -- 12 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 (b) if the landlord owns or controls the common areas relating to those premises, take reasonable steps to ensure that the common areas are maintained in good repair. 6. DAMAGE TO THE PREMISES (a) The TENANT must ensure that care is taken to avoid damaging the rented premises. (b) The TENANT must take reasonable care to avoid damaging the premises and any common areas. (c) The TENANT who becomes aware of damage to the rented premises must give notice to the LANDLORD of any damage to the premises as soon practicable. 7. CLEANLINESS OF THE PREMISES (a) The LANDLORD must ensure that the premises are in a reasonably clean condition on the day on which it is agreed that the TENANT is to enter into occupation of the premises. (b) The TENANT must keep the premises in a reasonably clean condition during the period of agreement. 8. USE OF PREMISES (a) The TENANT must not use or allow the premises to be used for any illegal purpose. (b) The TENANT must not use or allow the premises to be used in such a manner as to cause a nuisance or cause an interference with the reasonable peace, comfort or privacy of any occupier of neighbouring premises. 9. QUIET ENJOYMENT The LANDLORD must take all reasonable steps to ensure that the TENANT has quiet enjoyment of the premises. 10. ASSIGNMENT OR SUB-LETTING (a) The TENANT must not assign or sub-let the whole or any part of the premises without the written consent of the LANDLORD. The LANDLORD's consent must not be unreasonably withheld. (b) The LANDLORD must not demand or receive any fee or payment for the consent, except in respect of any fees, costs or charges incurred by the landlord in relation to the preparation of a written assignment of the agreement. 11 -- 13 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 11. RESIDENTIAL TENANCIES ACT 1997 Each party must comply with the Residential Tenancies Act 1997. (NOTE: Reference should be made to the Residential Tenancies Act 1997 for further rights and duties.) SCHEDULE OF ITEMS (See Clause 1) ADDITIONAL TERMS Additional terms which do not take away any of the rights and duties included in the Residential Tenancies Act 1997 may be set out in this section. Any additional terms must also comply with the Unfair Contract Terms under the Fair Trading Act 1999. Contact Consumer Affairs Victoria on 1300 55 81 81 for further information. Signature of landlord Signature of tenant __________________ 12 -- 14 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 FORM 2 Residential Tenancies Act 1997 (Section 145) RESIDENTIAL TENANCIES REGULATIONS 2008 (Regulation 8) NOTICE TO PROSPECTIVE CARAVAN PARK RESIDENTS BECOMING A RESIDENT AT THIS CARAVAN PARK The Residential Tenancies Act 1997 sets out the rights and duties of residents and caravan park owners in relation to each other and provides for settling disputes. A resident is defined in the Residential Tenancies Act 1997. 1. You may enter into a written agreement with the caravan park owner to become a resident of the caravan park at any time. A caravan park owner is not obliged to enter into such an agreement with you. 2. Even if you do not enter into a written agreement to become a resident, you will automatically become a resident of the caravan park if you occupy any site in the caravan park as your only or main residence for at least 60 consecutive days. Once you become a resident, the Residential Tenancies Act 1997 applies to you and your residency in the caravan park. __________________ 13 -- 15 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 FORM 3 Residential Tenancies Act 1997 (Section 319(a)) RESIDENTIAL TENANCIES REGULATIONS 2008 (Regulation 9(1)) NOTICE TO VACATE TO TENANT OF RENTED PREMISES 1. This notice is given to (insert tenant/s name) 2. Regarding the rented premises at (insert address of rented premises) 3. Tenant's address (if same as address in 2, write "as above") 4. I am giving you this notice as † the landlord † the owner † the mortgagee (mark one only) 5. Landlord's/owner's/mortgagee's name 6. Landlord's or owner's or mortgagee's address for serving documents (can be an agent's) 7. Contact telephone numbers for landlord/owner/mortgagee 8. The Residential Tenancies Act 1997 requires me to give you at least …… days notice to vacate (insert the number of days notice that is required under that Act) and I require you to vacate on ……… TERMINATION DATE 9. Reason for notice to vacate (Insert the reason and the section number of the Residential Tenancies Act 1997 for the notice to vacate. You must also provide supporting factual information regarding the specific premises to validate the reason given. However, if the notice is given under section 263 of the Act, insert that section number and the words "no reason is required"). 10. This notice is delivered to the tenant † By hand † By registered post On this date 11. Signature of landlord, owner, mortgagee or agent 14 -- 16 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 12. Name of landlord, owner, mortgagee or agent signing the notice (include the name of the estate agency, where applicable) 13. Tenant please note: If you receive a notice to vacate, you may apply to the Victorian Civil and Administrative Tribunal to challenge the validity of the notice. An application must be made to the Tribunal within 30 days after the notice to vacate was given. __________________ 15 -- 17 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 FORM 4 Residential Tenancies Act 1997 (Sections 319(a), 319A) RESIDENTIAL TENANCIES REGULATIONS 2008 (Regulation 9(2)) COMPOSITE NOTICE TO VACATE TO TENANT OF RENTED PREMISES FOR 2 OR MORE REASONS 1. This notice is given to (insert tenant/s name) 2. Regarding the rented premises at (insert address of rented premises) 3. Tenant's address (if same as address in 2, write "as above") 4. I am giving you this notice as the landlord the owner the mortgagee (mark one only) 5. Landlord's/owner's/mortgagee's name 6. Landlord's or owner's or mortgagee's address for serving documents (can be an agent's address) 7. Contact telephone numbers for landlord/owner/mortgagee (can be an agent's telephone number) 8. The Residential Tenancies Act 1997 requires me to give you at least 60 days notice to vacate. I require you to vacate on ..........................TERMINATION DATE. 9. Reasons for notice to vacate (The composite notice may be given if you are entitled to give a notice to vacate under 2 or more of sections 255, 256, 257, 258, 259, or 260 of the Residential Tenancies Act 1997. Insert each reason and the section number for the reason. You must also provide factual information regarding the specific premises to validate each reason given.) 10. This notice is delivered to the tenant By hand By registered post On this date 16 -- 18 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 11. Signature of the landlord, owner, mortgagee or agent 12. Name of landlord/owner/mortgagee or agent signing the notice (include the name of the estate agency where applicable) 13. Tenant please note: If you receive a composite notice to vacate, you may apply to the Victorian Civil and Administrative Tribunal to challenge the validity of the notice. An application must be made to the Tribunal within 30 days after the notice to vacate was given. __________________ 17 -- 19 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 FORM 5 Residential Tenancies Act 1997 (Section 319(a)) RESIDENTIAL TENANCIES REGULATIONS 2008 (Regulation 10(1)) NOTICE TO VACATE TO RESIDENT OF A ROOMING HOUSE 1. This notice is given to (insert resident/s name) 2. Regarding the rooming house at (insert address, include room no.) 3. Resident's address (if same as address in 2, write "as above") 4. I am giving you this notice as † the rooming house owner † the mortgagee of the rooming house 5. Rooming house owner's/mortgagee's name 6. Rooming house owner's/mortgagee's address for serving documents (can be an agent's) 7. Rooming house owner's/mortgagee's contact telephone numbers 8. The Residential Tenancies Act 1997 requires me to give you at least …… days notice to vacate (insert the number of days notice that is required under that Act) and I require you to vacate on ............ TERMINATION DATE 9. Reason for notice to vacate (Insert the reason and the section number of the Residential Tenancies Act 1997 for the notice to vacate. You must also provide supporting factual information regarding the specific premises to validate the reason. However, if the notice is given under section 288 of the Act, insert that section number and the words "no reason is required".) 10. This notice is delivered to the resident † By hand † By registered post On this date 11. Signature of owner, mortgagee or agent 12. Name of owner, mortgagee or agent signing the notice 18 -- 20 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 13. Resident please note: If you receive a notice to vacate, you may apply to the Victorian Civil and Administrative Tribunal to challenge the validity of the notice. An application must be made to the Tribunal within 30 days after the notice to vacate was given. __________________ 19 -- 21 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 FORM 6 Residential Tenancies Act 1997 (Sections 319(a), 319A) RESIDENTIAL TENANCIES REGULATIONS 2008 (Regulation 10(2)) COMPOSITE NOTICE TO VACATE TO RESIDENT OF A ROOMING HOUSE FOR 2 REASONS 1. This notice is given to (insert resident/s name) 2. Regarding the rooming house at (insert address, include room number) 3. Resident's address (if same as address in 2, write "as above") 4. I am giving you this notice as the rooming house owner the mortgagee of the rooming house 5. Rooming house owner's/mortgagee's name 6. Rooming house owner's/mortgagee's address for serving documents (can be an agent's address) 7. Rooming house owner's/mortgagee's contact telephone numbers (can be an agent's telephone number) 8. The Residential Tenancies Act 1997 requires me to give you at least 60 days notice to vacate. I require you to vacate on or before..............................TERMINATION DATE 9. Reasons for notice to vacate (The composite notice may be given if you are entitled to give a notice to vacate under both sections 285 and 286 of the Residential Tenancies Act 1997. Insert each reason and the section number for the reason. You must also provide supporting factual information regarding the specific premises to validate each reason given.) 10. This notice is delivered to the resident By hand By registered post On this date 11. Signature of owner, mortgagee or agent 20 -- 22 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 12. Name of owner, mortgagee or agent signing the notice 13. Resident please note: If you receive a composite notice to vacate, you may apply to the Victorian Civil and Administrative Tribunal to challenge the validity of the notice. An application must be made to the Tribunal within 30 days after the notice to vacate was given. __________________ 21 -- 23 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 FORM 7 Residential Tenancies Act 1997 (Section 319(a)) RESIDENTIAL TENANCIES REGULATIONS 2008 (Regulation 11) NOTICE TO VACATE TO RESIDENT OF A CARAVAN PARK 1. This notice is given to (insert resident/s name) 2. Regarding the caravan at (insert address, include site no.) 3. Resident's address (if same as address in 2, write "as above") 4. I am giving you this notice as † the caravan park owner † the caravan owner † the caravan park mortgagee † the caravan mortgagee 5. Name of caravan park owner/caravan owner/caravan park mortgagee/caravan mortgagee 6. Address for serving documents of caravan park owner/caravan owner/caravan park mortgagee/caravan mortgagee (can be an agent's) 7. Contact telephone numbers 8. The Residential Tenancies Act 1997 requires me to give you at least …… days notice to vacate (insert the number of days notice that is required under that Act) and I require you to vacate on or before ………TERMINATION DATE 9. Reason for notice to vacate (Insert the reason and the section number of the Residential Tenancies Act 1997 for the notice to vacate. You must also provide supporting factual information regarding the specific premises to validate the reason. However, if the notice to vacate is given under section 314 of the Act, insert that section number and the words "no reason is required".) 22 -- 24 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 10. This notice is delivered to the resident † By hand † By registered post On this date 11. Signature of owner, mortgagee or agent 12. Name of owner, mortgagee or agent signing the notice 13. Resident please note: If you receive a notice to vacate, you may apply to the Victorian Civil and Administrative Tribunal to challenge the validity of the notice. An application must be made to the Tribunal within 30 days after the notice to vacate was given. __________________ 23 -- 25 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 FORM 8 Residential Tenancies Act 1997 (Sections 336(3)(b), 337(4)(a) and 338(1)) RESIDENTIAL TENANCIES REGULATIONS 2008 (Regulation 12) NOTICE OF OBJECTION TO THE USE OF THE ALTERNATIVE PROCEDURE FOR POSSESSION 1. To: 1. Tribunal 2. Landlord (insert name and address of landlord) 2. Regarding rented premises at (insert address of rented premises) 3. The landlord's notice to vacate gave this termination date (insert termination date) 4. My name is (insert name of tenant) 5. My address for service of documents is (insert address, may be an agent's) 6. I have received a copy of the landlord's application to the Tribunal for a possession order using the alternative procedure for possession in Division 2 of Part 7 of the Residential Tenancies Act 1997. In accordance with section 338 of the Act, I OBJECT to the use of that procedure for a possession order. 7. This notice is delivered to the landlord † By hand † By registered post On this date 8. Signature 9. Name of agent (if an agent is serving the notice) __________________ 24 -- 26 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 FORM 9 Residential Tenancies Act 1997 (Section 336(3)(c)) RESIDENTIAL TENANCIES REGULATIONS 2008 (Regulation 13) STATEMENT OF TENANT'S RIGHTS—ALTERNATIVE PROCEDURE FOR POSSESSION AT LEAST 14 DAYS RENT ARREARS TO THE TENANT 1. The landlord has applied to the Tribunal for a possession order for your rented premises. This is an alternative possession procedure which allows the Registrar of the Tribunal to make a possession order effective immediately (or, if requested by the landlord, at a later date) if you do not object within a certain time. THERE WILL NOT BE A HEARING IF THIS PROCEDURE IS USED. 2. The landlord will have given you personally, or sent to you by registered post the following documents— (1) a notice to vacate the rented premises which must specify a date for you to vacate which is at least 14 days after the notice to vacate was given to you ("termination date"); (2) a copy of the landlord's application to the Tribunal for a possession order for the rented premises; (3) 2 notice of objection forms for your use if you wish to object to the landlord applying to the Tribunal to get the rented premises back under the alternative possession procedure; (4) this statement of rights. 3. IF YOU WISH TO OBJECT to the making of the possession order under the alternative possession procedure, you must— (1) complete and lodge one of the enclosed notice of objection forms with the Tribunal; and (2) complete and serve the other enclosed notice of objection form on the landlord. YOU HAVE UNTIL 4 P.M. ON THE TERMINATION DATE (the day specified in the notice to vacate as the day when you must vacate the rented premises) TO LODGE YOUR OBJECTION WITH THE TRIBUNAL. 25 -- 27 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 TENANTS NOTE: You should retain a copy of this form for future reference purposes. WHAT HAPPENS NEXT? If you lodge the objection with the Tribunal within the required time, there will be a Tribunal hearing and you will be required to go to the Tribunal to show why the landlord should not be given a possession order to regain the rented premises. If you do not wish to object or do not object within the required time, the landlord has 28 days to lodge a request for a determination of the matter with the Tribunal. The Registrar of the Tribunal may then make a possession order directing you to vacate the premises immediately or on the date specified in the order. If you are in arrears for rent, the Registrar will determine the amount of rent you owe and direct the Residential Tenancies Bond Authority to pay an amount of your bond to the landlord for the rent owing. You will still be liable for any outstanding amount of rent that the bond does not cover. Once a possession order is made the landlord can get a warrant of possession which must be executed within the time specified in the order which must not exceed 30 days from its issue. IF YOU FAIL TO COMPLY WITH A POSSESSION ORDER TO VACATE THE PREMISES, YOU MAY BE FORCIBLY REMOVED BY THE POLICE OR OTHER PERSON AUTHORISED TO CARRY OUT THE WARRANT OF POSSESSION. __________________ 26 -- 28 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 FORM 10 Residential Tenancies Act 1997 (Section 337(4)(b)) RESIDENTIAL TENANCIES REGULATIONS 2008 (Regulation 14) STATEMENT OF TENANT'S RIGHTS—ALTERNATIVE PROCEDURE FOR POSSESSION AT THE END OF FIXED TERM TENANCY TO THE TENANT 1. The landlord has applied to the Tribunal for a possession order for your rented premises. This is an alternative possession procedure which allows the Registrar of the Tribunal to make a possession order effective immediately (or, if requested by the landlord, at a later date) if you do not object within a certain time. THERE WILL NOT BE A HEARING IF THIS PROCEDURE IS USED. 2. You will have already received a notice to vacate under section 261 of the Residential Tenancies Act 1997 specifying a termination date which is the end of the fixed term. The landlord will also have given you notice that he or she intends to apply to the Residential Tenancies Tribunal for a possession order if you do not deliver up vacant possession of the rented premises by the end of the termination date set out in the notice to vacate. 3. If the landlord has given you a notice of his or her intention to apply for a possession order, this notice of intention must be given to you— (a) if your fixed term tenancy agreement is for 6 months or more, at least 14 days and not more than 21 days before the termination date; OR (b) if your fixed term tenancy agreement is for less than 6 months, at least 7 days and not more than 14 days before the termination date. 4. The landlord can only apply for a possession order under the alternative possession procedure if he or she has given you the notice to vacate and notice of intention to apply to the Tribunal AND you have not delivered up vacant possession of the rented premises by the end of the termination date specified in the notice to vacate. 5. The landlord must give you— (1) a copy of the landlord's application to the Tribunal for a possession order for the rented premises; 27 -- 29 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 (2) 2 notice of objection forms for your use if you wish to object to the landlord applying to the Tribunal to get the rented premises back under the alternative possession procedure; (3) this statement of rights. 6. IF YOU WISH TO OBJECT to the making of the possession order under the alternative possession procedure, you must— (1) complete and lodge one of the notice of objection forms with the Tribunal; and (2) complete and serve the other notice of objection form on the landlord. YOU HAVE UNTIL THE END OF 4 BUSINESS DAYS AFTER THE DATE YOU RECEIVED THE LANDLORD'S COPY OF THE APPLICATION TO THE TRIBUNAL FOR A POSSESSION ORDER TO LODGE YOUR OBJECTION WITH THE TRIBUNAL. RESIDENTS NOTE: You should retain a copy of this form for future reference purposes. WHAT HAPPENS NEXT? If you lodge the notice of objection with the Tribunal within the required time, there will be a Tribunal hearing and you will be required to go to the Tribunal to show why the landlord should not be given a possession order to regain the rented premises. If you do not wish to object or do not object within the required time, the landlord has 28 days to lodge a request for a determination of the matter with the Tribunal. The Registrar of the Tribunal may then make a possession order directing you to vacate the premises immediately or on the date specified in the order. If you are also in arrears for rent, the Registrar will determine the amount of rent you owe and direct the Residential Tenancies Board Authority to pay an amount of your bond to the landlord for the rent owing. You will still be liable for any outstanding amount of rent that the bond does not cover. Once a possession order is made the landlord can get a warrant of possession which must be executed within the time specified in the order which must not exceed 30 days from its issue. IF YOU FAIL TO COMPLY WITH A POSSESSION ORDER TO VACATE THE PREMISES, YOU MAY BE FORCIBLY REMOVED BY THE POLICE OR OTHER PERSON AUTHORISED TO CARRY OUT THE WARRANT OF POSSESSION. __________________ 28 -- 30 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 FORM 11 Residential Tenancies Act 1997 (Section 361) RESIDENTIAL TENANCIES REGULATIONS 2008 (Regulation 15) SHERIFF'S NOTICE OF RETAINED PERSONAL DOCUMENTS 1. The personal documents described below: (insert description of personal documents) which were left by (insert name of former resident) in a caravan at (insert name and address of caravan park) are being stored by the Sheriff at (Sheriff’s storage address) for a period of 90 days from (insert date). 2. It is intended to dispose of the personal documents at the end of this 90 day storage period. 3. If the former resident or any other person who can give satisfactory evidence of his or her right to the documents wishes to reclaim the documents, this can be done before the end of the 90 day storage period. Please note that there may be costs payable for the removal and storage of those documents and for the placement of this advertisement that the person claiming the documents must pay to the sheriff when claiming them. __________________ 29 -- 31 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 FORM 12 Residential Tenancies Act 1997 (Section 368(3)) RESIDENTIAL TENANCIES REGULATIONS 2008 (Regulation 16) NOTICE TO LEAVE TO RESIDENT OF MANAGED PREMISES OR RESIDENT'S VISITOR 1. This notice is given to (insert name of resident or name of resident's visitor as appropriate) 2. Whose address is (insert address if known) 3. Regarding managed premises at (if answer is the same as Q2, write "as above") 4. Name of manager (insert name of manager) 5. I, as manager of the managed premises referred to in 3, give you notice to leave those managed premises immediately because I have reasonable grounds to believe that * you have committed a serious act of violence on these premises OR * the safety of a person on the premises is in danger from you (*Delete whichever does not apply) 6. By the end of the next business day after I have given you this notice to leave, I will notify the Registrar of the Tribunal. 7. Signature of manager 8. Date of notice TO THE RESIDENT/VISITOR 1. It is an offence to remain on the managed premises after receiving this notice to leave. 2. If you are a RESIDENT— (a) your tenancy or residency right is now SUSPENDED until either— (i) the end of 2 business days from the date of this notice; OR 30 -- 32 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 (ii) if your landlord, rooming house owner or caravan park owner applies to the Tribunal for an order under section 371 to terminate your tenancy agreement or residency right, the Tribunal decides that application; OR (iii) if your landlord, rooming house owner or caravan park owner applies to the Tribunal for an order before the end of two business days after the suspension of the tenancy agreement or residency right to terminate your tenancy agreement or residency right, the Tribunal decides that application. (b) it is an offence to enter the managed premises while a suspension is in force; and (c) despite your tenancy agreement or residency right being suspended, you are still required to pay rent (and hiring charge, in the case of a caravan) during the suspension period unless the Tribunal makes an order under section 376(1)(b) of the Residential Tenancies Act 1997 that the suspension cease and you are allowed to resume occupation. 3. This notice can only be given to residents or visitors of those residents of managed premises. See Part 8 of the Residential Tenancies Act 1997 which defines these terms. A resident is a resident of a rooming house or caravan park. It also includes a tenant who has rented premises in a "managed high density building". This means a building which has 2 or more rented premises and which has an on-site manager. 4. Resident please note: If you receive a notice to leave, you may apply to the Victorian Civil and Administrative Tribunal to challenge the validity of the notice. An application must be made to the Tribunal within 30 days after the notice to vacate was given. TO THE MANAGER 1. This notice cannot be given if a notice to vacate has been given under section 244, section 279 or section 303 of the Residential Tenancies Act 1997 in respect of the same act or omission. 2. This notice must be given as soon as it is possible for the manager to safely do so after the serious act of violence has occurred or the safety of a person has been endangered. 3. It is an offence to give a resident or resident's visitor notice to leave without having reasonable grounds to believe that the resident or visitor has committed a serious act of violence on the premises or the safety of any person on the premises has been endangered. __________________ 31 -- 33 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 FORM 13 Residential Tenancies Act 1997 (Section 386(2)(a)) RESIDENTIAL TENANCIES REGULATIONS 2008 (Regulation 17) NOTICE TO FORMER TENANT (GOODS LEFT BEHIND) To (name and forwarding address of former tenant) 1. The goods described below: (insert description of goods) which were left on rented premises at (insert address) when your tenancy agreement in respect of those premises was terminated on (insert date), are being stored on premises at (address of storage address) for a period of 28 days from (insert date). 2. The costs involved in removal and storage of the goods are $ to date and continue to accrue at $ per day. 3. After the end of the 28 day storage period it is intended to dispose of the goods by sale by public auction at* a.m./p.m. on (insert date) at (insert place) and the proceeds of the sale of the goods will be dealt with in accordance with section 393 of the Residential Tenancies Act 1997. 4. If you wish to reclaim the goods, you may do so before the public auction upon payment to the former landlord of the reasonable costs incurred for the removal, storage, notification and organising of the sale. Signature of former landlord Name and address of former landlord Date: *Delete reference to time, date and place of auction if not known to landlord at the time of giving this notice. __________________ 32 -- 34 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 FORM 14 Residential Tenancies Act 1997 (Section 386(2)(b)) RESIDENTIAL TENANCIES REGULATIONS 2008 (Regulation 18) NOTICE OF GOODS LEFT BEHIND 1. The goods described below: (insert description of goods) which were left by (insert name of former tenant) on rented premises at (insert address) when the tenancy agreement in respect of those premises was terminated on (insert date), are being stored on premises at (address of storage address) for a period of 28 days from (insert date). 2. The costs involved in removal and storage of the goods are $ to date and continue to accrue at $ per day. 3. After the end of the 28 day storage period, it is intended to dispose of the goods by sale by public auction at* a.m./p.m. on (insert date) at (insert place) and the proceeds of the sale of the goods will be dealt with in accordance with section 393 of the Residential Tenancies Act 1997. 4. If the former tenant or other person who has a lawful right to the goods wishes to reclaim them, this can be done before the public auction upon payment to the former landlord of the reasonable costs incurred for the removal, storage, notification and organising of the sale of the goods. *Delete reference to time, date and place of auction if not known to landlord at the time of giving this notice. __________________ 33 -- 35 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 FORM 15 Residential Tenancies Act 1997 (Section 392) RESIDENTIAL TENANCIES REGULATIONS 2008 (Regulation 19) NOTICE OF PUBLIC AUCTION The goods described below: (insert description of goods) which were left by (insert name of former tenant or former resident) on *rented premises/in the rooming house/in a caravan/in the caravan park at (insert address) will be disposed of by public auction ** at a.m./p.m. on at (insert place) Name and address of owner of premises *Delete whichever is inapplicable **Delete reference to time, date and place of auction if not known to owner of premises at the time of giving this notice. NOTE: "Owner of premises" means the former landlord, rooming house owner, caravan park owner, caravan park mortgagee, caravan owner or caravan mortgagee as the case may be. __________________ 34 -- 36 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 FORM 16 Residential Tenancies Act 1997 (Section 44(1)) RESIDENTIAL TENANCIES REGULATIONS 2008 (Regulation 20) NOTICE OF RENT INCREASE TO TENANT OF RENTED PREMISES 1. This notice is given to (insert name/s of tenant/s) 2. Regarding the rented premises at (write address) 3. Tenant/s address (if the same as address in 2, write "as above") 4. Name of landlord (of the rented premises) (insert name of landlord— cannot be the agent's name) 5. Address of landlord (of the rented premises) for the purpose of serving documents (can be the agent's address) 6. Contact telephone numbers (of landlord or agent) BH AH 7. This notice is delivered to the tenant by hand by registered post by ordinary post (mark one only) On this date 8. I am giving you at least 60 days notice that I propose to increase the rent. The current rent is $................ The new rent is $................ (new rent amount) and will commence on ........./........./.........(start date) 9. Signature of landlord or agent 10. Name of landlord or agent signing the notice (include the name of the estate agency, where applicable) 35 -- 37 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 11. If you consider this proposed rent increase is excessive, you can apply to the Director of Consumer Affairs Victoria within 30 days after this notice is given to investigate and report on the proposed rent under section 45 of the Residential Tenancies Act 1997. TENANTS NOTE: Excessive rent is determined according to the accepted market rental value of the premises. 12. The landlord cannot increase your rent more often than once every 6 months. 13. Under a fixed term tenancy agreement, a landlord must not increase the rent before the fixed term ends unless the agreement specifically provides for an increase. 14. If you want help with this notice you can contact Consumer Affairs Victoria. __________________ 36 -- 38 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 FORM 17 Residential Tenancies Act 1997 (Section 101(1)) RESIDENTIAL TENANCIES REGULATIONS 2008 (Regulation 21) NOTICE OF RENT INCREASE TO RESIDENT OF A ROOMING HOUSE 1. This notice is given to (insert name/s of resident/s) 2. Regarding the rooming house at (write address and include room no. in the rooming house) 3. Resident's address (if the same as address in 2, write "as above") 4. Name of the owner (of the rooming house) (insert name of owner— cannot be the agent's name) 5. Address of owner (of the rooming house) for the purpose of serving documents (can be the agent's address) 6. Contact telephone numbers (of owner or agent) 7. This notice is delivered to the resident by hand by registered post by ordinary post (mark one only) On this date 8 I am giving you at least 60 days notice that I propose to increase the rent. The current rent is $................ The new rent is $................ (new rent amount) and will commence on ........./........./.........(start date) 9. Signature of owner or agent 10. Name of owner or agent signing the notice 37 -- 39 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 11. If you consider this proposed rent increase is excessive, you can apply to the Director of Consumer Affairs Victoria within 30 days after this notice is given to investigate and report on the proposed rent, under section 102 of the Residential Tenancies Act 1997. RESIDENT NOTE: Excessive rent is determined according to the accepted market rental value of the premises. 12. The rooming house owner cannot increase your rent more often than once every 6 months. 13. Under a fixed term tenancy agreement, a rooming house owner cannot increase the rent before the fixed term ends unless the agreement specifically provides for an increase. 14. If you want help with this notice you can contact Consumer Affairs Victoria. __________________ 38 -- 40 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 FORM 18 Residential Tenancies Act 1997 (Section 152(1)(2)) RESIDENTIAL TENANCIES REGULATIONS 2008 (Regulation 22) NOTICE OF RENT INCREASE OR HIRING CHARGE INCREASE TO RESIDENT OF A CARAVAN PARK 1. This notice is given to (insert name/s of resident/s) 2. Regarding the caravan at (write address and include site no.) 3. Resident's address (if the same as address in 2, write "as above") 4. Name of caravan owner/caravan park owner (insert name of caravan owner or caravan park owner who is giving this notice—cannot be the agent's name) 5. Address of owner of the caravan/owner of the caravan park for the purpose of serving documents (can be the agent's address) 6. Contact telephone numbers (of caravan owner/caravan park owner or agent) 7. This notice is delivered to the resident by hand by registered post by ordinary post (mark one only) On this date 8. I am giving you at least 60 days notice that I propose to increase the rent. The current rent is $................ The new rent is $................ (new rent amount) and will commence on ........./........./.........(start date) 9. I am giving you at least 60 days notice that I propose to increase the hiring charge. The current hiring charge is $................ The new hiring charge is $................(new hiring charge amount) and will commence on ........./........./.........(start date) 39 -- 41 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 1 10. Signature of owner or agent 11. Name of owner or agent signing the notice 12. If you consider this proposed rent or hiring charge increase is excessive, you can apply to the Director of Consumer Affairs Victoria within 30 days after this notice is given to investigate and report on the proposed rent or hiring charge, under section 153 of the Residential Tenancies Act 1997. RESIDENT NOTE: Excessive rent is determined according to the accepted market rental value of the premises. 13. The caravan park owner cannot increase your rent more often than once every 6 months. 14. The caravan owner cannot increase your hiring charge more often than once every 6 months. 15. Under a fixed term tenancy agreement, a caravan park owner cannot increase the rent before the fixed term ends unless the agreement specifically provides for an increase. 16. If you want help with this notice you can contact Consumer Affairs Victoria. __________________ 40 -- 42 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 2 SCHEDULE 2 Regulation 27 INFRINGEMENT PENALTIES Column 1 Column 2 Infringement offence Infringement penalty Section 26(2) 1⋅25 penalty units Section 29(1) 1⋅25 penalty units Section 29(2) 1⋅25 penalty units Section 34 2⋅5 penalty units Section 35(1) 1⋅25 penalty units Section 41 2⋅5 penalty units Section 43(1) 1⋅25 penalty units Section 43(2) 1⋅25 penalty units Section 43(2A) 1⋅25 penalty units Section 49 2⋅5 penalty units Section 51(1) 2⋅5 penalty units Section 51(2) 2⋅5 penalty units Section 51(3) 2⋅5 penalty units Section 56 2⋅5 penalty units Section 66(1) 1⋅25 penalty units Section 66(2) 1⋅25 penalty units Section 66(3) 1⋅25 penalty units Section 66(4) 1⋅25 penalty units Section 96 2⋅5 penalty units Section 97(1) 1⋅25 penalty units Section 99 2⋅5 penalty units Section 100(1) 1⋅25 penalty units Section 100(2) 1⋅25 penalty units 41 -- 43 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 2 Column 1 Column 2 Infringement offence Infringement penalty Section 100(2A) 1⋅25 penalty units Section 107 2⋅5 penalty units Section 124 1⋅25 penalty units Section 125(1) 1⋅25 penalty units Section 125(2) 1⋅25 penalty units Section 125(3) 1⋅25 penalty units Section 127(1) 1⋅25 penalty units Section 145 1⋅25 penalty units Section 146(3) 2⋅5 penalty units Section 147 2⋅5 penalty units Section 148(1) 1⋅25 penalty units Section 150(1) 2⋅5 penalty units Section 150(2) 2⋅5 penalty units Section 151(1) 1⋅25 penalty units Section 151(2) 1⋅25 penalty units Section 151(2A) 1⋅25 penalty units Section 160 2⋅5 penalty units Section 166 2⋅5 penalty units Section 182 1⋅25 penalty units Section 183(1) 1⋅25 penalty units Section 183(2) 1⋅25 penalty units Section 184(1) 1⋅25 penalty units Section 184(2) 1⋅25 penalty units Section 184(3) 1⋅25 penalty units Section 186(1) 1⋅25 penalty units Section 198(1) 1⋅25 penalty units Section 198(2) 5 penalty units 42 -- 44 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Sch. 2 Column 1 Column 2 Infringement offence Infringement penalty Section 264 5 penalty units Section 287 5 penalty units Section 295 5 penalty units Section 298(1) 1⋅25 penalty units Section 298(2) 1⋅25 penalty units Section 358(1) 5 penalty units Section 358(2) 5 penalty units Section 369 2⋅5 penalty units Section 372 2⋅5 penalty units Section 373 5 penalty units Section 377(1) 5 penalty units Section 377(2) 5 penalty units Section 377(3) 5 penalty units Section 382(2) 5 penalty units Section 405(1) 1⋅25 penalty units Section 405(4) 1⋅25 penalty units Section 406 2⋅5 penalty units Section 424(1) 2⋅5 penalty units Section 424(3) 2⋅5 penalty units Section 425 2⋅5 penalty units Section 428 2⋅5 penalty units ═══════════════ 43 -- 45 of 46 -- S.R. No. 55/2008 Residential Tenancies Regulations 2008 Endnotes ENDNOTES 1 Reg. 4(a): S.R. No. 76/1998. Reprint No. 1 as at 23 March 2006. Reprinted to S.R. No. 4/2006 and subsequently amended by S.R. No. 11/2007. 2 Reg. 4(b): S.R. No. 59/2003. 3 Reg. 4(c): S.R. No. 40/2004. 4 Reg. 4(d): S.R. No. 109/2005. 5 Reg. 4(e): S.R. No. 4/2006. 6 Reg. 4(f): S.R. No. 11/2007. —— 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 2007 is $110.12. 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. 44 -- 46 of 46 --