In this Part—
amount of bond includes a partial or full amount of a bond in relation to—
(a) an initial amount of bond paid by a renter at the commencement of a residential rental agreement; and (b) subsequent amounts of bond paid by a renter in relation to modifications of the rented premises (if any); and (c) additional amounts of bond required to be paid at agreed intervals under a residential rental agreement in the standard form for a fixed term of more than 5 years (if any);
bond in Divisions 3 and 4, includes an amount or the total of the amounts (if any) which are required to be added to the bond pursuant to section 439;
bond lodgment form means a form completed and signed by a residential rental provider and renter in accordance with section 405 for the purposes of lodgment of an amount of bond;
bond substitution form means a form completed and signed by a renter in accordance with section 410B for the purposes of lodgment of a substitute bond under that section;
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Homes Victoria voucher means a voucher issued by Homes Victoria or an agent of Homes Victoria for payment of an amount of bond on behalf of a renter or site tenant;
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rent includes hiring charge;
rented premises includes room, site, caravan and Part 4A site;
renter includes—
residential rental agreement includes a residency right and a site agreement;
residential rental provider includes—
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(a) complete and sign a bond lodgment form in the form approved by the Authority for the type of bond being lodged; and
(b) give the form to the renter to sign.
Penalty: 25 penalty units.
Penalty: 25 penalty units.
NoteSection 506(1)(da) provides that a document to be served on or given to a person under this Act may be served or given by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.
If a residential rental provider receives an amount of bond from a renter, the residential rental provider must, within 10 business days after the amount of bond is received, give the amount of bond to the Authority together with the completed bond lodgment form.
Penalty: 150 penalty units.
(a) the residential rental provider; and
(b) the renter who paid the amount of bond; and
(c) if an amount of bond was paid on behalf of the renter by Homes Victoria or an agent of Homes Victoria, Homes Victoria.
NoteSection 506(1)(da) provides that a document to be served on or given to a person under this Act may be served or given by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.
A residential rental provider who receives an amount of bond from a renter holds the amount of bond on trust for the renter until the amount of bond is paid to the Authority.
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The Authority must pay all money it receives under this Division into the Residential Bonds Account.
For the purposes of this Division, a residential rental provider receives an amount of bond from a renter if the renter gives the residential rental provider the amount of bond in the prescribed manner and form.
(a) complete and sign a bond substitution form containing the prescribed information; and
(b) give the substitute bond to the Authority, in the form approved by the Authority, together with the completed bond substitution form.
(a) the residential rental provider under the residential rental agreement; and
(b) the renter; and
(c) Homes Victoria.
(a) confirm that a bond substitution has been effected; and (b) specify the amount of bond substituted; and (c) contain the prescribed information.
NoteSection 506(1)(da) provides that a document to be served on or given to a person under this Act may be served or given by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.
(a) a renter or that person's agent—
(i) for repayment of the bond to the renter; or (ii) for repayment of the bond to the residential rental provider; or (iii) for apportionment of the bond as repayments to the renter and the residential rental provider; or
(b) the residential rental provider or that person's agent for repayment of the bond to the renter; or (c) jointly by a residential rental provider and a renter (or either of those person's agents)—
(i) for repayment of the bond to the renter; or (ii) for repayment of the bond to the residential rental provider; or (iii) for apportionment of the bond as repayments to the renter and the residential rental provider.
(a) be in a form approved by the Authority; and (b) include the address or email address of the claimant.
(a) it is made jointly by or on behalf of the residential rental provider and all of the renters; or (b) it is made by or on behalf of the residential rental provider and directs that the bond be paid to all of the renters; or (c) it is made by or on behalf of all of the renters and directs that the bond be paid to the residential rental provider.
(a) the amount of bond to be refunded; and (b) the apportionment (if any) of that amount of bond.
Penalty: 60 penalty units.
NoteSection 506(1)(da) provides that a document to be served on or given to a person under this Act may be served or given by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.
(a) may be addressed to one or more parties to the residential rental agreement; and
(b) must be given to Homes Victoria if the whole or part of the bond was paid by Homes Victoria; and (c) must state that the Authority will pay the claim unless within 14 days after receiving notice under subsection (2) the party to the residential rental agreement gives written notice to the Authority that the claim is subject to an application to the Tribunal.
NoteSection 506(1)(da) provides that a document to be served on or given to a person under this Act may be served or given by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.
(a) the reasonable cost of repairs to, or the restoration of, the rented premises or goods leased with the premises, as a result of damage caused by the renter or a renter's visitor, taking into account fair wear and tear; (b) any rent or other charges owing and payable under the residential rental agreement or this Act; (c) the reasonable cost of cleaning any part of the premises, if the premises were not left reasonably clean by the renter, having regard to the condition of the premises at the commencement of the residential rental agreement; (d) the reasonable cost of replacing locks or other security devices altered, removed or installed by the renter without the consent of the residential rental provider; (e) any other prescribed matter.
The Authority must repay the amount of bond if—
(a) the claim is made under section 411(1)(c); or (b) the claim is made by the residential rental provider or that person's agent under section 411(1)(b) for repayment of the bond to the renter; or (c) the claim is made by the renter or the renter's agent and directs the repayment of an amount to the residential rental provider; or (d) one or more of the following apply—
(i) the claim is made by the renter or the agent of the renter; (ii) the claim is for payment to the party who made the claim or on whose behalf the claim was made; (iii) no party to the residential rental agreement has notified the Authority of an application within 14 days after notice is given under section 411A(2).
(a) the party who disputes the claim has given the Authority written notice of the party's consent to the repayment of the bond; or (b) any applicable order of the Tribunal requiring action before the repayment of the bond has been satisfied; or (c) the Authority is notified by the Tribunal that the application has been withdrawn or dismissed.
If directed to do so by a person to whom a bond is payable, the Authority may repay the whole or part of an amount of the bond to another person.
(a) the Authority holds an amount of bond paid by Homes Victoria or an agent of Homes Victoria on behalf of a renter; and
(b) the Authority receives a new amount of bond in relation to a residential rental agreement—
(i) for the same premises to which the amount of bond referred to in paragraph (a) relates; and
(ii) from or on behalf of a renter other than the renter referred to in paragraph (a); and
(c) no application for a refund of the amount of bond referred to in paragraph (a) is made in accordance with section 413(1) within 12 months of the date on which the Authority receives the new bond referred to in paragraph (b).
If the Authority receives a substitute bond under section 410B, the Authority must pay to the renter under the residential rental agreement to which the substitute bond relates the amount of bond held by the Authority that the substitute bond replaces.
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The Tribunal must determine any application made to it under section 419A.
(a) the Tribunal is hearing an application for the repayment of bond; and (b) there is more than one renter under a residential rental agreement; and (c) the Tribunal is satisfied, having regard to any matter it considers appropriate, that one of the renters is a victim of family violence or personal violence.
(a) liability is apportioned between renters, including making a renter who committed the family violence or personal violence liable for all of the residential rental provider's loss and damage including any unpaid rent (if any); and (b) the portion of the bond paid by the renter who experienced family violence or personal violence is excluded from bond available to compensate the residential rental provider for loss and damage (if any).
(a) the Tribunal is hearing an application for the repayment of bond; and (b) a renter under the residential rental agreement is or has been a victim of family violence or personal violence; and (c) the alleged perpetrator of the family violence or personal violence is not a renter under the residential rental agreement.
(a) the loss or damage was caused by the actions of the alleged perpetrator of the family violence or personal violence; and (b) a family violence safety notice, family violence intervention order, recognised non‑local DVO or personal safety intervention order is in force.
(a) the person's email address; (b) the person's residential address; (c) the person's facsimile number.
Penalty: 60 penalty units.
If, on an application made to the Tribunal by a renter who is an SDA resident under section 91YA, the Tribunal makes an order in accordance with section 91YB(4), the Authority must pay out the bond to the renter or renters (as appropriate) in accordance with the order of the Tribunal.
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(a) the bond lodgment form or bond substitution form states that the amount of bond was paid on behalf of the renter by Homes Victoria or an agent of Homes Victoria; or
(b) Homes Victoria advises the Authority in writing that the amount of bond was paid on behalf of a renter by Homes Victoria or an agent of Homes Victoria.
If the Authority is required under this Part to pay to a person the amount or part of the amount of a bond but is unable to do so because the whereabouts of the person are unknown to the Authority, the amount or part must be dealt with as unclaimed money in accordance with Part 3 of the Unclaimed Money Act 2008 as if the Authority were a business to which that Part applies.
Penalty: 60 penalty units.
(a) be in a form approved by the Authority; and
(b) be signed by the residential rental provider and the person to whom the rights and duties are assigned or transferred; and (c) be given to the Authority within 5 days after the assignment or transfer takes effect.
Penalty: 60 penalty units.
NoteSection 506(1)(da) provides that a document to be served on or given to a person under this Act may be served or given by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.
Penalty: 60 penalty units.
(a) be in a form approved by the Authority; and
(b) be signed by the renter, the residential rental provider and the person to whom the rights and duties are assigned or transferred; and (c) be given to the Authority within 5 days after the assignment or transfer takes effect.
NoteSection 506(1)(da) provides that a document to be served on or given to a person under this Act may be served or given by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.
An agent for a residential rental provider must, at the request of the Authority, produce evidence of the agent's authorisation to act as agent under this Part.
NoteSection 506(1)(da) provides that a document to be served on or given to a person under this Act may be served or given by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.
(a) the name of each residential rental provider and renter who appears on the bond lodgment form for an amount of bond; and
(ab) in the case of a bond lodgment form or bond substitution form that states that the amount of bond has been paid by Homes Victoria or an agent of Homes Victoria on behalf of a renter—
(i) the fact that the amount of bond has been so paid; and (ii) the amount of bond that has been so paid; and
(iii) if applicable, the amount of bond that has been refunded to the renter under section 411C; and
(b) the name of each assignee or transferee of whom the Authority is given notice under section 424 or 425.
(a) in the prescribed circumstances; or (b) in accordance with an order of the Tribunal.
NoteSection 506(1)(da) provides that a document to be served on or given to a person under this Act may be served or given by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.
A renter must not refuse to pay rent on the ground that the renter intends to regard as rent paid by the renter the bond or any part of the bond paid in respect of the rented premises.
Penalty: 60 penalty units.
(a) is a body corporate with perpetual succession; (b) shall have an official seal; (c) may acquire, hold and dispose of real and personal property; (d) may sue and be sued in its corporate name; (e) may do and suffer all acts and things that bodies corporate may by law do and suffer.
The Authority is constituted by the Director.
The functions of the Authority are—
(a) to collect and disburse bond money paid to the Authority under this Act; (b) to establish and administer—
(i) a Residential Bonds Account; and (ii) a Residential Bonds Investment Income Account;
(c) to invest money held in those Accounts in accordance with this Act;
(ca) to collect the information contained in bond lodgment forms and bond substitution forms given to the Authority and other information kept by the Authority in relation to bonds (including substitute bonds under section 410B) held by the Authority;
(cb) to disclose the information (other than persons' names) referred to in paragraph (ca), whether it was collected before, on or after the commencement of section 16 of the Residential Tenancies (Amendment) Act 2003, to Homes Victoria for the purpose of the use of that information by Homes Victoria in research, compiling statistics and public education;
(d) to carry out any other function conferred on it by this Act.
The Authority is subject to the general direction and control of the Minister in carrying out its powers and functions.
The Authority may, by instrument, delegate to any employee of the public service any of its powers or functions, except this power of delegation and its powers under sections 423(2) and 437.
(a) authorised by or under this Act to be paid out of the Residential Bonds Account; or (b) directed by the Tribunal or a court to be paid out of the Residential Bonds Account.
(a) any amount required for the administration of this Part; and (b) any amount authorised by or under this Act to be paid out of the Residential Bonds Investment Income Account.
The Authority may pay into the Residential Tenancies Fund out of the Residential Bonds Investment Income Account any amount which the Authority determines should be paid into the Residential Tenancies Fund.
(a) must be made by a notice published in the Government Gazette; and (b) may provide for the payment of amounts in respect of bonds of a specified class or classes calculated at a specified rate and in respect of a specified period.