Residential Tenancies Amendment Regulations 2016
S.R. No. 96/2016
table of provisions
RegulationPage
RegulationPage
1Objective
2Authorising provision
3Commencement
4Residential tenancy agreement
═══════════════
Endnotes
1
statutory rules 2016
S.R. No. 96/2016
1
Residential Tenancies Act 1997
1
Residential Tenancies Amendment Regulations 2016
1
Residential Tenancies Amendment Regulations 2016
S.R. No. 96/2016
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
1Objective
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.
2Authorising provision
These Regulations are made under section 511 of the Residential Tenancies Act 1997.
3Commencement
These Regulations come into operation on 30 September 2016.
4Residential tenancy agreement
In Form 1 of Schedule 1 to the Residential Tenancies Regulations 2008[1]—
(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)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".
═══════════════
1
Endnotes
Residential Tenancies Amendment Regulations 2016
S.R. No. 96/2016
Endnotes
1
[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.