Residential Tenancies Amendment (Public Housing) Act 2011
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Residential Tenancies Amendment (Public
Housing) Act 2011
No. 18 of 2011
TABLE OF PROVISIONS
Section Page
1 Purpose 1
2 Commencement 1
3 New sections 250A and 250B of the Residential Tenancies
Act 1997 2
250A Drug-related conduct in public housing 2
250B Prescribed indictable offences in public housing 3
4 Repeal of Act 4
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ENDNOTES 5
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Residential Tenancies Amendment
(Public Housing) Act 2011†
No. 18 of 2011
[Assented to 31 May 2011]
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the
Residential Tenancies Act 1997 to provide that
the Director of Housing may give a tenant a notice
to vacate certain rented premises for carrying out
certain illegal acts on those premises or in
common areas.
2 Commencement
This Act comes into operation on the day after the
day on which this Act receives the Royal Assent.
Victoria
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3 New sections 250A and 250B of the Residential
Tenancies Act 1997
After section 250 of the Residential Tenancies
Act 1997 insert—
"250A Drug-related conduct in public housing
(1) The Director of Housing may give a tenant a
notice to vacate rented premises of which the
Director of Housing is the landlord if the
tenant has, on the rented premises or in a
common area, illegally—
(a) trafficked or attempted to traffick a
drug of dependence; or
(b) supplied a drug of dependence to a
person under 18 years of age; or
(c) possessed a preparatory item with the
intention of using the item for the
purpose of trafficking in a drug of
dependence; or
(d) possessed, without lawful excuse—
(i) a tablet press; or
(ii) a precursor chemical; or
(e) cultivated or attempted to cultivate a
narcotic plant.
(2) The notice must specify a termination date
that is not less than 14 days after the date on
which the notice is given.
(3) In this section—
cultivate, narcotic plant and traffick have
the same meanings as in section 70(1)
of the Drugs, Poisons and Controlled
Substances Act 1981;
See:
Act No.
109/1997.
Reprint No. 5
as at 15
January 2009
and
amending
Act Nos
19/2009,
68/2009,
1/2010,
32/2010,
49/2010,
53/2010,
63/2010,
67/2010 and
72/2010.
LawToday:
www.legislati
on.vic.gov.au
s. 3
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drug of dependence, substance and supply
have the same meanings as in
section 4(1) of the Drugs, Poisons and
Controlled Substances Act 1981;
precursor chemical means a prescribed
precursor chemical within the meaning
of section 71D of the Drugs, Poisons
and Controlled Substances Act 1981;
preparatory item means a substance,
material, equipment or document
containing instructions relating to the
preparation, cultivation or manufacture
of a drug of dependence.
250B Prescribed indictable offences in public
housing
(1) The Director of Housing may give a tenant a
notice to vacate rented premises of which the
Director of Housing is the landlord if the
tenant has committed a prescribed indictable
offence on the rented premises or in a
common area.
(2) The notice must specify a termination date
that is not less than 14 days after the date on
which the notice is given.
(3) To avoid doubt, nothing in this section is to
be taken to mean that the Director of
Housing may only give a tenant a notice to
vacate in respect of a prescribed indictable
offence if the tenant has been convicted or
found guilty of that offence.".
s. 3
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4 Repeal of Act
This Act is repealed on the first anniversary of the
day on which it receives the Royal Assent.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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s. 4
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 24 March 2011
Legislative Council: 3 May 2011
The long title for the Bill for this Act was "A Bill for an Act to amend the
Residential Tenancies Act 1997 to provide additional grounds on which
the Director of Housing may give a tenant a notice to vacate and for other
purposes."
Endnotes
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