An Act to amend various Acts and Regulations administered by the Minister for Better Regulation and Innovation; and other related matters.
1 Name of Act
This Act is the Better Regulation Legislation Amendment Act 2019.
(1) This Act commences on the date of assent to this Act, except as provided by this section.(2) Schedule 1.4, 1.8 and  and 1.10 and  commence on a day or days to be appointed by proclamation.(3) Schedule 1.8 and  commence on the commencement of Schedule 2.12 to the Fair Trading Legislation Amendment (Reform) Act 2018.
3 Explanatory notes
The matter appearing under the heading “Explanatory note” in Schedule 1 does not form part of this Act.
Schedule 1 Amendments
 Section 15 Application to nominate registered office
Omit “in New South Wales” wherever occurring.
 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).
Item  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  permits the regulations to impose requirements with respect to registered offices.
 Section 8 Agreements to which Act does not apply
Insert after section 8(1)(ba)—(bb) short-term rental accommodation arrangements, within the meaning of section 54A of the Fair Trading Act 1987, under which the person given the right to occupy the residential premises to which the arrangement relates does not occupy the premises as the person’s principal place of residence,
 Section 105A
Omit the definition of competent person. Insert instead—competent person means any of the following persons—(a) a health practitioner within the meaning of the Health Practitioner Regulation National Law (NSW) who is eligible for registration in a health profession 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.
Item  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  provides that the regulations may prescribe circumstances in which a tenant is not liable to pay particular utility charges.
Item  provides that the regulations may prescribe circumstances in which a landlord is not liable to pay particular charges.
Item  updates a cross-reference as a consequence of the proposed amendments in items  and .
Item  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  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  and  relocate definitions as a consequence of amendments in items  and .
Items  and  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  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  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  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  makes a consequential amendment.
sch 1: Am 1987 No 15, sec 30C.