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Residential Tenancies Amendment (Public Housing) Act 2011

Legislation · Victoria · 2020
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 ═══════════════ ENDNOTES 5 -- 1 of 6 -- 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 -- 2 of 6 -- Residential Tenancies Amendment (Public Housing) Act 2011 No. 18 of 2011 2 Authorised by the Chief Parliamentary Counsel 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 -- 3 of 6 -- Residential Tenancies Amendment (Public Housing) Act 2011 No. 18 of 2011 3 Authorised by the Chief Parliamentary Counsel 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 -- 4 of 6 -- Residential Tenancies Amendment (Public Housing) Act 2011 No. 18 of 2011 4 Authorised by the Chief Parliamentary Counsel 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). ═══════════════ s. 4 -- 5 of 6 -- Residential Tenancies Amendment (Public Housing) Act 2011 No. 18 of 2011 5 Authorised by the Chief Parliamentary Counsel 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 -- 6 of 6 --