The Veterans and Other Acts Amendment Act 2015 amends the following legislation within the Consumer Affairs portfolio:
- Veterans Act 2005
- Sale of Land Act 1962
- Australian Consumer Law and Fair Trading Act 2012
- Residential Tenancies Act 1997
- Motor Car Traders Act 1986
- Associations Incorporation Reform Act 2012.
Veterans Act 2005
Changes to the Veterans Act 2005 came into effect on 22 April 2015.
The Act was amended to aid the administration of patriotic funds in Victoria by:
- simplifying the process for transfers out of patriotic funds
- enabling the Director of Consumer Affairs Victoria to consent to minor changes to trust deeds for patriotic funds where the deed itself lacks a power of amendment
- providing for a mechanism to enable two or more patriotic funds to amalgamate.
Sale of Land Act 1962
Changes to the Sale of Land Act 1962 clarify the circumstances in which a terms contract will and will not be created. These changes came into effect on 22 April 2015.
In Victoria, a terms contract is created when the buyer either:
- has to make two or more payments towards the purchase price (other than the initial deposit and the final payment at settlement), before the buyer can have the property transferred into their name, or
- is allowed to possess or occupy the property before they are entitled to have it transferred into their name at settlement.
The changes will ensure that:
- a terms contract will not be created inadvertently in circumstances where a buyer is allowed to ‘occupy’ property before settlement, for example, to store goods
- a terms contract will be created where a buyer is given the right to receive rental income or gain possession of the property before settlement
- if a buyer under a normal cash contract negotiates with a seller to remedy a default under the contract through additional payments, the contract will not ‘convert’ into a terms contract.
The amendments will also change the legal definition of a terms contract ‘deposit’ to mean what the contract says the deposit is. Under the new definition, a deposit can be paid in instalments or a single payment, provided it is paid within 60 days.
Australian Consumer Law and Fair Trading Act 2012
Changes to the Australian Consumer Law and Fair Trading Act 2012 came into effect on 22 April 2015.
The amendments to the act will clarify that it is not a prohibited debt collection practice for a creditor to contact a debtor for the purposes of complying with the requirements of the National Credit Code.
Residential Tenancies Act 1997
Changes to the Residential Tenancies Act 1997 are scheduled to come into operation later this year.
The amendments will make it an offence for a rooming house operator to fail to comply with the prescribed requirements relating to the keeping and production of records relating to safety checks required to be conducted for rooming houses.
Motor Car Traders Act 1986
Changes to the Motor Car Traders Act 1986 will progressively come into operation from 22 April 2015.
Amongst other things, these changes will close a loophole that enabled licensed motor car traders to avoid being subject to disciplinary action by surrendering their licences.
Associations Incorporation Reform Act 2012
Changes to the Associations Incorporation Reform Act 2012 are scheduled to come into operation later this year.
The amendments will enable the secretary of an incorporated association to apply to the Registrar of Incorporated Associations for an exemption from the requirement to permit members of the association to inspect the association’s register of members.
For more information, visit the Veterans and Other Acts Amendment Bill 2015 page on the Victorian Legislation and Parliamentary Documents website.