Better Regulation Legislation Amendment Act 2019 No 23

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.
2   Commencement
(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.
3   Explanatory notes
The matter appearing under the heading “Explanatory note” in Schedule 1 does not form part of this Act.
Schedule 1 Amendments
[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[1]–[8]   (Repealed)
[9]   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.
[10]–[15]   (Repealed)
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.