2019
2019
2021-07-02
act
government
publicspecial
act.reprint
act-2020-030
allinforce
2019-10-23
2019-11-20
1
2021-07-02
act-1987-015
2019
none
act-2019-023
e2ff0b6a-859e-4704-9ae3-24396defc6e2
5849fddb-cb3d-4142-9d02-ce12493a66ad
Repeal—
This Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 2.7.2021.
An Act to amend various Acts and Regulations
administered by the Minister for Better Regulation and Innovation; and other
related matters.
1Name of
Act
This Act is the Better Regulation
Legislation Amendment Act 2019.
2Commencement
(1)
This Act commences on the date of assent to this
Act, except as provided by this section.
(2)
Schedule 1.4, 1.8[3] and [4] and 1.10[1] and [9]
commence on a day or days to be appointed by
proclamation.
(3)
Schedule 1.8[1] and [2] commence on the
commencement of Schedule 2.12 to the Fair Trading
Legislation Amendment (Reform) Act
2018.
3Explanatory
notes
The matter appearing under the heading
“Explanatory note” in Schedule 1 does not form part of this
Act.
Schedule 1Amendments
1.1–1.3
1.4Charitable Fundraising Act 1991 No
69
[1]Section 15 Application to
nominate registered office
Omit “in New South Wales” wherever
occurring.
[2]Section 55
Regulations
Insert after section 55(2)—
(3)
Without limiting subsection (1), the regulations
may impose requirements with respect to registered offices (including
requirements with respect to the location of registered
offices).
Explanatory
note
Item [1] of the proposed amendments removes a
requirement for the registered office of an applicant for an authority to
conduct a fundraising appeal to be an address in New South Wales. Item [2]
permits the regulations to impose requirements with respect to registered
offices.
1.5–1.9
1.10Residential Tenancies Act 2010 No
42
[1]–[8]
[9]Section
105A
Omit the definition of competent person. Insert
instead—
competent
person means any of the following persons—
(a)
a registered health practitioner within the
meaning of the Health Practitioner Regulation
National Law (NSW), but only if the health practitioner is
registered under Division 1 or 2 of Part 7 of that Law,
(b)
a person registered as a social worker with the
Australian Association of Social Workers,
(c)
an employee of a government agency that provides
services relating to child welfare,
(d)
an employee of a non-government agency in receipt
of government funding to provide services relating to—
(i)
domestic violence or sexual assault,
or
(ii)
refuge or emergency
accommodation,
(e)
a person approved by the Commissioner of Victims
Rights under the Victims Rights and Support Act
2013 to provide approved counselling services for the
purposes of that Act,
(f)
a person prescribed by the
regulations.
[10]–[15]
Explanatory
note
Item [1] of the proposed amendments provides that
the Residential Tenancies Act 2010 does not
apply to short-term rental accommodation arrangements, as defined in the
Fair Trading Act 1987 (as amended by the
Fair Trading Amendment (Short-term Rental Accommodation) Act
2018), unless the person given the right to occupy the
premises under the arrangement is occupying those premises as that
person’s principal place of residence.
Item [2] provides that the regulations may
prescribe circumstances in which a tenant is not liable to pay particular
utility charges.
Item [3] provides that the regulations may
prescribe circumstances in which a landlord is not liable to pay particular
charges.
Item [4] updates a cross-reference as a
consequence of the proposed amendments in items [7] and [8].
Item [5] clarifies that a tenant who is the
victim of a domestic violence offence, or an exempted co-tenant, is not
responsible for damage caused by another tenant during the commission of the
domestic violence offence.
Item [6] permits landlords to enter residential
premises without consent to carry out, inspect or assess the need for repairs
to, or replacement of, a smoke alarm if they have given notice of those
activities to the tenant in accordance with the regulations.
Items [7] and [8] relocate definitions as a
consequence of amendments in items [10] and [11].
Items [10] and [11] clarify that a tenant may
give a termination notice to terminate the tenant’s tenancy only if the
tenant, or a dependent child of the tenant, is the victim of domestic violence
or is the person for whose protection a DVO has been made or an injunction has
been granted under the Family Law Act 1975 of the
Commonwealth.
Item [12] clarifies that a competent person may
use personal information about a relevant domestic violence offender for the
purposes of making a declaration to accompany a domestic violence termination
notice.
Item [13] provides that it is an offence for a
person to knowingly provide false or misleading information to a competent
person for the purposes of the competent person making a declaration to
accompany a domestic violence termination notice.
Item [14] extends the requirement under section
105I of the Act that the Minister review the operation of particular
provisions, relating to termination of residential tenancy agreements in
circumstances of domestic violence, within 3 years of the commencement of
those provisions to proposed section 54A.
Item [15] makes a consequential
amendment.
1.11, 1.12
sch 1: Am 1987 No 15,
sec 30C; 2020 No 30, Sch 1.5.
Historical
notes
Table of amending
instruments
Better Regulation
Legislation Amendment Act 2019 No 23. Assented to
26.11.2019. Date of commencement, Sch 1.4, 1.8[1]–[4] and 1.10[1] and
[9] excepted, assent, sec 2(1); date of commencement of Sch 1.4, 1.7.2021, sec
2(2) and 2021 (269) LW 11.6.2021; date of commencement of Sch 1.8[1] and [2],
23.3.2020, sec 2(3) and 2019 (624) LW 16.12.2019; date of commencement of Sch
1.8[3] and [4], 23.3.2020, sec 2(2) and 2019 (623) LW 16.12.2019; date of
commencement of Sch 1.10[1], 10.4.2020, sec 2(2) and 2020 (85) LW 13.3.2020;
date of commencement of Sch 1.10[9], 11.12.2020, sec 2(2) and 2020 (712) LW
11.12.2020. This Act has been amended as follows—
2020
No
30
Statute Law
(Miscellaneous Provisions) Act 2020. Assented to
27.10.2020.
Date of commencement of amendments made by Sch 1.5,
11.12.2020, sec 2(3).
This Act has been amended by sec 30C of the
Interpretation Act 1987 No
15.
Table of
amendments
Sch
1
Am 1987 No
15, sec 30C; 2020 No 30, Sch 1.5.