130When powers of Registrar may be exercised

130 When powers of Registrar may be exercised (1) The Registrar may exercise a power under this Division in relation to a registered agency if— (a) there has been a failure by the registered agency to meet the prescribed registration criteria or the performance standards; or (b) the registered agency fails to comply with a requirement or direction under section 91, 100, 104, 106, 108 or 109; or S. 130(1)(ba) inserted by No. 75/2016 s. 7, amended by No. 40/2022 s. 40(1). (ba) in the case of a registered agency that is a participating registered agency, an authorised person employed or engaged by the participating registered agency fails to perform functions or exercise powers in relation to the Victorian Housing Register in accordance with a determination of Homes Victoria under section 142E(1); or S. 130(1)(bb) inserted by No. 75/2016 s. 7. (bb) a relevant person referred to in paragraph (b) or (c) of the definition of ***relevant person*** in section 142I collects, uses or discloses relevant information for a purpose not referred to in section 142J; or (c) as a result of a change to the constitution or rules of the registered agency or the business activities carried on by the registered agency the Registrar believes that the ability of the agency— (i) to comply with the prescribed registration criteria and the performance standards; or (ii) to carry out its function of providing affordable housing to people on low incomes— is, or will be, adversely affected; or (d) the registered agency fails to make an appointment to its governing body, in accordance with a recommendation of the Registrar under section 131, within 28 days after the recommendation is made. (2) The Registrar must not exercise a power under this Division unless the Registrar is satisfied that the exercise of the power— (a) is appropriate in the circumstances; and (b) accords with any guidelines established under subsection (3). (3) The Minister may establish guidelines for the exercise of the Registrar's powers under this Division. (4) Guidelines established under subsection (3) must be published in the Government Gazette. (5) The Registrar must make a copy of the current guidelines available to each registered agency. S. 131 inserted by No. 106/2004 s. 5.