Sch 4Previous agreements

Schedule 4—Previous agreements Section 29(2) 1 Identification of earlier Agreements The following Agreements between the State of Victoria and the Commonwealth of Australia are hereby declared to have been ratified and approved: (a) The Agreement of 19 November 1945 ratified and approved by the Housing (Commonwealth and State Agreement) Act 1946, a copy of which is set out in the Fourth Schedule to the **Housing Act 1958** and which is hereafter called the "Commonwealth and State Housing Agreement 1945"; (b) The Agreement of 16 April 1955 ratified and approved by the **Housing Act 1955**, a copy of which is set out in the Fifth Schedule to the **Housing Act 1958** and which is hereafter called the "Amending Agreement 1955"; (c) The Agreement of 13 February 1957 ratified and approved by the Housing (Commonwealth and State Agreement) Act 1957, a copy of which is set out in the Sixth Schedule to the **Housing Act 1958** and which is hereafter called the "Commonwealth and State Housing Agreement 1956"; (d) The Agreement of 4 October 1961 ratified and approved by the Housing (Commonwealth and State Agreement) Act 1961, a copy of which is set out in Schedule Six A to the **Housing Act 1958**, and which is hereafter called the "Commonwealth and State Housing Agreement 1961"; (e) The Agreement of 7 November 1966 ratified and approved by the Housing (Commonwealth and State Agreement) Act 1966, a copy of which is set out in Schedule Six B to the **Housing Act 1958** and which is hereafter called the "Commonwealth and State Housing Agreement 1966"; (f) The Agreement of 5 September 1973 ratified and approved by the Housing (Commonwealth and State Agreement) Act 1973, as amended by the 1974 Supplemental Agreement, copies of which are set out in Schedule Six C and Six D to the **Housing Act 1958** and which is hereafter called the "1973–1974 Housing Agreement"; (g) The Agreement of 15 September 1978 ratified and approved by the **Housing (Amendment) Act 1978**, a copy of which is set out in Schedule Six E to the **Housing Act 1958** and which is hereafter called the "1978 Housing Agreement". 2 Accounts to be kept by Treasurer The Treasurer shall keep the following accounts: (a) An account to be called the "Commonwealth and State Housing Trust Account" into which shall be paid all money advanced to the State of Victoria by the Commonwealth pursuant to clause 6 of the Commonwealth and State Housing Agreement 1945; (b) An account to be called the "Home Builders' Account" into which shall be paid all money advanced by the Commonwealth to the State of Victoria pursuant to the Commonwealth and State Housing Agreements 1956, 1961 and 1966; (c) An account to be called the "Home Builders' Account No. 3" into which shall be paid all money advanced by the Commonwealth to the State of Victoria pursuant to the 1973–1974 Housing Agreement; and (d) An account to be called the "Commonwealth and State Housing Agreement 1978 Home Assistance Account" into which shall be paid all money advanced by the Commonwealth to the State of Victoria pursuant to Part VI of the 1978 Housing Agreement. 3 Application of money received under Agreements All money in the accounts to be kept under clause 2 shall be applied in accordance with the provisions of the Agreements referred to in clause 1 pursuant to which that money has been paid. 4 Appropriation from Consolidated Fund for repayment to Commonwealth All money which is or may become payable by the State of Victoria to the Commonwealth under the Agreements referred to in clause 1 shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly). 5 Repayment of money to Consolidated Fund All money paid out of the Consolidated Fund to the Commonwealth for the payment of principal and interest in respect of money advanced by the Commonwealth and paid into any of the accounts referred to in clause 2 shall be repaid to the Consolidated Fund from those accounts. Sch. 5 (Heading) amended by No. 40/2022 s. 45(1). Schedule 5—Parking of vehicles on land of Homes Victoria 1 Definitions In this Schedule unless inconsistent with the context or subject-matter— Sch. 5 cl. 1 def. of *authorized officer* amended by Nos 106/2004 s. 12(3), 40/2022 s. 45(2)(a). ***authorized officer*** means an employee of the Department or any other person appointed in writing by the Chief Executive Officer, Homes Victoria as an authorized officer for the purposes of this Schedule; Sch. 5 cl. 1 def. of *Homes Victoria's land* inserted by No. 40/2022 s. 45(2)(b). ***Homes Victoria's land*** means land vested in or held under lease by Homes Victoria, or land in which Homes Victoria has an interest under a licence; ***listed vehicle***, with respect to the parking of a vehicle in a parking area, means a vehicle which pursuant to this Schedule is currently listed as a vehicle entitled to be parked in the parking area; Sch. 5 cl. 1 def. of *owner* amended by No. 6/2010 s. 203(1) (Sch. 6 item 25) (as amended by No. 45/2010 s. 22). ***owner***, in respect of a vehicle, means owner within the meaning of Part VII of the **Transport (Compliance and Miscellaneous) Act 1983**; ***parking***, with respect to the parking of a vehicle, includes the leaving standing of the vehicle (whether attended or not); Sch. 5 cl. 1 def. of *parking offence* amended by No. 40/2022 s. 45(2)(c). ***parking offence*** means the parking of a vehicle— (a) on any portion of Homes Victoria's land— (i) where the parking of vehicles is prohibited; (ii) at a time when parking is not permitted or for a period longer than the period permitted for parking; or (iii) in contravention of any condition in respect of which the parking of the vehicle is permitted; or (b) in a parking area where the vehicle is not a listed vehicle with respect to that parking area; Sch. 5 cl. 1 def. of *the Director's land* amended by No. 26/1987 s. 19(1), repealed by No. 40/2022 s. 45(2)(d). Sch. 5 cl. 1 def. of *vehicle* amended by No. 127/1986 s. 102(Sch. 4 item 13). ***vehicle*** means any conveyance designed to be propelled or drawn by any means (including a motor vehicle within the meaning of the **Road Safety Act 1986** and a bicycle and a tricycle). 2 Parking areas and control of parking Sch. 5 cl. 2(1) amended by No. 40/2022 s. 45(3)(a). (1) Without in any way limiting or derogating from any other mode of granting permission Homes Victoria may from time to time— Sch. 5 cl. 2(1)(a) amended by No. 40/2022 s. 45(3)(b). (a) allocate any portion of Homes Victoria's land as a parking area and with respect to the parking of vehicles within the parking area— (i) determine the number of vehicles that may be parked within the parking area; (ii) determine the class of persons who may be entitled to have their vehicles listed as listed vehicles, limit (where necessary or expedient) from that class the number of persons entitled so to list their vehicles and determine the method by which those persons may be selected; (iii) prohibit the parking of any vehicle within the parking area unless the vehicle is a listed vehicle with respect to that parking area; (iv) prohibit the parking of any vehicle or of vehicles of any class or size as being unsuitable for parking within the parking area; and Sch. 5 cl. 2(1)(a)(v) amended by No. 40/2022 s. 45(3)(a). (v) determine any other matters which in the opinion of Homes Victoria are necessary or expedient for or with respect to the parking of vehicles within the parking area; and Sch. 5 cl. 2(1)(b) amended by No. 40/2022 s. 45(3)(b). (b) prohibit or control the parking of vehicles on any specific portion of Homes Victoria's land which is not a parking area. Sch. 5 cl. 2(2) amended by No. 40/2022 s. 45(4). (2) The limits of a parking area and the times, periods and conditions (if any) for the time being in force with respect to the parking of listed vehicles within the parking area shall, subject to this clause, be sufficiently indicated on a sign or signs provided by Homes Victoria near each entrance to the parking area and on any other place that Homes Victoria determines. Sch. 5 cl. 2(3) amended by No. 40/2022 s. 45(5). (3) Every sign referred to in subclause (2) and every sign prohibiting the parking of vehicles on any portion of Homes Victoria's land shall bear on the sign an inscription indicating that the matters set out in the sign are authorized by Homes Victoria. 3 Persons entitled to park in a parking area to have their vehicles listed Sch. 5 cl. 3(1) amended by No. 40/2022 s. 45(6). (1) Every person entitled to park a vehicle in the parking area shall give in writing to the authorized officer appointed by Homes Victoria in that behalf the registered number and a description of the vehicle. (2) The authorized officer so appointed shall keep a list of the names of every person currently entitled to park a vehicle in the parking area and the registration number and description of every current listed vehicle. (3) Vehicles currently on the list kept in respect of a parking area shall be the only vehicles entitled to park in that parking area. Sch. 5 cl. 3(4) amended by No. 40/2022 s. 45(7). (4) Homes Victoria shall supply an identifying label indicating the location within any particular parking area within which the vehicle may be parked to each person entitled to park a vehicle in the parking area and that person shall cause the label to be affixed to the inside of the rear window of the vehicle (or where the vehicle has no rear window to some other conspicuous part of the vehicle). Sch. 5 cl. 3(5) amended by Nos 26/1987 s. 21, 40/2022 s. 45(8). (5) Homes Victoria may charge such fees as Homes Victoria deems necessary for the parking of vehicles in parking areas and may remove from any list a vehicle where the owner fails to pay such fees. 4 Parking offences (1) When a parking offence occurs in relation to a vehicle the person who at the time of the occurrence of the parking offence is the owner of the vehicle shall by virtue of this clause be and be deemed to be guilty of an offence against this Act in all respects as if he were the actual offender guilty of an offence. (2) Nothing in subclause (1) shall affect the liability of the actual offender but where the full amount of any penalty has been paid by the actual offender or owner in relation to any parking offence no further penalty shall be imposed upon or recovered from the owner or actual offender in relation thereto. 5 Parking offence notices and penalties Sch. 5 cl. 5(1) amended by Nos 26/1987 s. 21, 32/2006 s. 94(Sch. item 27(1)), 70/2013 s. 3(Sch. 1 item 22), 37/2014 s. 10(Sch. item 81.2). (1) Where a police officer or an authorized officer has reason to believe that a parking offence has been committed in respect of a vehicle he or she may serve or cause to be served an infringement notice as hereinafter provided. Sch. 5 cl. 5(2) amended by Nos 127/1986 s. 102(Sch. 4 item 13), 26/1987 ss 19(2), 21, substituted by No. 32/2006 s. 94(Sch. item 27(2)). (2) A parking offence referred to in subclause (1) for which an infringement notice may be served is an infringement offence within the meaning of the **Infringements Act 2006**. Sch. 5 cl. 5(3) amended by No. 26/1987 s. 19(3)(a)(b), repealed by No. 32/2006 s. 94(Sch. item 27(3)). Sch. 5 cl. 5(4) amended by No. 40/2022 s. 45(9). (4) The penalty for any parking offence shall be the amount (being an amount not more than $25) determined by Homes Victoria in respect of parking offences of the kind in question. Sch. 5 cl. 5(5) amended by No. 26/1987 s. 21, repealed by No. 32/2006 s. 94(Sch. item 27(3)). Sch. 5 cl. 5(6)(7) repealed by No. 32/2006 s. 94(Sch. item 27(3)). Sch. 5 cl. 5(8) amended by No. 57/1989 s. 3(Sch. item 97.4(a)), repealed by No. 32/2006 s. 94(Sch. item 27(3)). Sch. 5 cl. 6 amended by Nos 26/1987 s. 19(4), 57/1989 s. 3(Sch. item 97.4(b)), 32/2006 s. 94(Sch. item 27(4)). 6 Fund into which money recovered is to be paid Despite section 32(3) of the **Infringements Act 2006**, any money recovered by way of a penalty for a parking offence shall be paid— Sch. 5 cl. 6(a) amended by Nos 68/2009 s. 97(Sch. item 67.2), 37/2014 s. 10(Sch. item 81.2). (a) where the charge-sheet is filed by a police officer—into the Consolidated Fund; Sch. 5 cl. 6(b) amended by Nos 106/2004 s. 12(4), 68/2009 s. 97(Sch. item 67.2), 40/2022 s. 45(10). (b) where the charge-sheet is filed by an authorized officer (being an employee of the Department)—into the general fund maintained by Homes Victoria; and Sch. 5 cl. 6(c) amended by No. 68/2009 s. 97(Sch. item 67.2). (c) where the charge-sheet is filed by a person prescribed for the purposes of this clause—into the fund prescribed in respect of that person; and Sch. 5 cl. 6(d) amended by Nos 68/2009 s. 97(Sch. item 67.2), 40/2022 s. 45(10). (d) where no charge-sheet is filed—into the general fund maintained by Homes Victoria. Sch. 5 cl. 7 amended by Nos 127/1986 s. 102(Sch. 4 item 13), 26/1987 s. 21, 44/1989 s. 41(Sch. 2 item 21(a)), 49/2019 s. 186(Sch. 4 item 21.1), 25/2025 s. 106(Sch. 1 item 21(a)). 7 Evidence of ownership of motor cars For the purposes of this Schedule a certificate in the prescribed form signed or purporting to be issued by the Secretary to the Department of Transport and Planning setting out that on the date any parking offence is alleged to have occurred any motor vehicle was registered under the **Road Safety Act 1986** in the name of any person shall be prima facie evidence that on such date the motor vehicle was so registered in the name of that person. 8 Vehicles unregistered, abandoned or illegally parked may be removed and sold in certain circumstances Sch. 5 cl. 8(1) amended by No. 40/2022 s. 45(11)(b). (1) Where a vehicle— Sch. 5 cl. 8(1)(a) amended by Nos 127/1986 s. 102(Sch. 4 item 13), 40/2022 s. 45(11)(a). (a) parked on Homes Victoria's land is not registered under the **Road Safety Act 1986**; Sch. 5 cl. 8(1)(b) amended by No. 40/2022 s. 45(11)(a). (b) has been parked on Homes Victoria's land for at least five consecutive days and in the opinion of an authorized officer has been abandoned; or (c) is parked within a parking area while not being a listed vehicle with respect to that area— Homes Victoria or any person authorized by Homes Victoria may, whether or not any goods are in or on the vehicle, cause it to be removed and taken to a place that Homes Victoria generally or in any particular case appoints and be retained there subject to this clause. Sch. 5 cl. 8(2) amended by Nos 127/1986 s. 102(Sch. 4 item 13), 44/1989 s. 41(Sch. 2 item 21(b)), 49/2019 s. 186(Sch. 4 item 21.2), 40/2022 s. 45(12), 25/2025 s. 106(Sch. 1 item 21(b)). (2) Where a vehicle registered under the **Road Safety Act 1986** is taken to a place so appointed Homes Victoria shall cause notice of the taking to be served by post on the person who appears on the records kept by the Secretary to the Department of Transport and Planning to be the owner or proprietor of the vehicle. Sch. 5 cl. 8(3) amended by Nos 26/1987 s. 21, 40/2022 s. 45(13). (3) Any vehicle which has been so removed shall be surrendered to the owner or any person on behalf of the owner on the owner's giving satisfactory evidence on his or her right to the vehicle and on payment to Homes Victoria of such fee as Homes Victoria demands (not exceeding $50) together with an additional fee (not exceeding $5) for every 24 hours that the vehicle remains in the custody of Homes Victoria and all expenses reasonably incurred by Homes Victoria in connexion with the removal of the vehicle. Sch. 5 cl. 8(4) amended by Nos 127/1986 s. 102(Sch. 4 item 13), 26/1987 s. 21, 40/2022 s. 45(14). (4) If any such vehicle is not so claimed and removed by the owner or some other person on behalf of the owner within 28 days after being removed by Homes Victoria (or in the case of a vehicle registered under the **Road Safety Act 1986**, within 28 days after the service of a notice on the owner or proprietor) Homes Victoria may cause the vehicle to be sold by auction or by public tender but not less than 7 days notice of such auction or calling for tenders shall be given in a newspaper published in Melbourne and if the vehicle is not sold as a result of any such auction or calling for tenders Homes Victoria may sell, destroy or give away the vehicle as Homes Victoria thinks fit. Sch. 5 cl. 8(5) amended by No. 26/1987 s. 21. (5) Where a vehicle is sold in purported exercise of the power of sale conferred by this clause the title of the purchaser shall not be impeached on any ground whatsoever and the purchaser shall take the vehicle freed from any title, estate interest or right of any other person. Sch. 5 cl. 8(6) amended by No. 40/2022 s. 45(15). (6) The net proceeds of any such sale less any amount payable under subclause (3) shall be held in a trust fund by Homes Victoria and shall be paid to any person who in the opinion of Homes Victoria is entitled thereto but if not claimed by any such person within one year shall be paid into the general fund maintained by Homes Victoria. Sch. 5 cl. 8(7) amended by No. 40/2022 s. 45(16). (7) If the person to whom any money is so paid is not the person entitled thereto Homes Victoria shall not be liable for any such payment but any other person who claims such money may have recourse against the person to whom payment was made by Homes Victoria. (8) In this clause anything which is required or permitted to be done in respect of a vehicle may in like manner be done in respect of any goods and chattels in or on the vehicle. Sch. 5 cl. 8(9) amended by No. 40/2022 s. 45(17). (9) The powers and discretions conferred on Homes Victoria by this clause may be exercised by any officer of the Ministry of Housing authorized in writing by Homes Victoria in that behalf. Sch. 5 cl. 9 (Heading) inserted by No. 40/2022 s. 45(18). Sch. 5 cl. 9 amended by No. 40/2022 s. 45(19). 9 Immunity of Homes Victoria from suit Homes Victoria shall not be subject to any claim, action, liability or demand in respect of any damage sustained by a person in respect of any vehicle while it is parked on Homes Victoria's land or any other loss whatsoever that is sustained by the owner of such a vehicle. Schedule 6—Standards of habitation Sch. 6 cl. 1 amended by Nos 26/1987 s. 20(a), 20/1996 s. 13(a)(i)(ii), 85/1998 s. 24(Sch. item 34.3). 1 Lodging of certificates of charge on land with Registrar of Titles When any land is charged pursuant to subsection (2) of section 67 the Council shall cause a certificate signed by a member of the Council's staff authorised by the Council for that purpose, describing the land charged and stating the amount of the charge, to be lodged with the Registrar of Titles. Sch. 6 cl. 2 amended by Nos 26/1987 s. 20(a), 20/1996 s. 13(b), substituted by No. 85/1998 s. 24(Sch. item 34.4). 2 Registration of certificate on title (1) On receipt of a certificate under clause 1 and on payment of the prescribed fee, the Registrar of Titles must make a recording of the certificate in the Register. (2) When the amount of the expenses is paid, the Registrar of Titles, on the request of the Council and on payment of the prescribed fee must make a recording in the Register of the cancellation of the charge. 3 Enforcement of charge in County Court For the purpose of enforcing any charge under section 67, proceedings may be had and taken in the County Court and that court may order the sale of the whole or any part of the land subject to the charge and for this purpose the County Court shall have jurisdiction and exercise all the powers and authorities of the Supreme Court in all proceedings under Part IV of the **Trustee Act 1958**, notwithstanding the amount or value of the trust estate or fund to which the proceeding relates. 4 Force and effect of decree or order of County Court Where pursuant to clause 3 any decree or order of the County Court is made relating to land under the provisions of the **Transfer of Land Act 1958**, that decree or order shall, for all the purposes of that Act, have the same force and effect and shall be received, dealt with and given effect to in all respects thereunder as if it were a decree or order of the Supreme Court. Sch. 6 cl. 5 amended by No. 26/1987 ss 20(a)(b), 21, repealed by No. 20/1996 s. 13(c). 6 Lodging of copy of declaration with Registrar of Titles Sch. 6 cl. 6(1) amended by Nos 26/1987 s. 20(a)(b)(i)(ii), 85/1998 s. 24(Sch. item 34.5(a)), 40/2022 s. 46. (1) Where Homes Victoria has made a declaration under section 64, Homes Victoria shall, within fourteen days of the making of that declaration, lodge a copy of the declaration with the Registrar of Titles. Sch. 6 cl. 6(2) amended by Nos 26/1987 s. 20(a), 20/1996 s. 13(d), 85/1998 s. 24(Sch. item 34.5(b)). (2) The Council shall, within fourteen days of any declaration ceasing to operate in respect of any land, lodge with the Registrar of Titles a notice in writing that the declaration has ceased to operate. Sch. 6 cl. 6(3) amended by Nos 26/1987 s. 21, 18/1989 s. 13(Sch. 2 item 39(b)), 20/1996 s. 13(e), 85/1998 s. 24(Sch. item 34.5(b)). (3) On receipt of a copy of a declaration or of a notice that a declaration has ceased to operate the Registrar of Titles shall make such entries or recordings as he or she thinks necessary or expedient for the purpose of bringing that declaration or notice to the notice of persons who search the title of the land to which the declaration relates and the Registrar of Titles may require such evidence of the identity of any land affected by a declaration or notice lodged under this clause as he or she thinks fit. 7 Recovery of money owing by owner by attachment of rent payable by occupier Sch. 6 cl. 7(1) amended by Nos 26/1987 s. 20(a), 20/1996 s. 13(f). (1) Where, under Part VII of this Act, any money is payable to the Council by the owner of any house and the Council is satisfied that the owner is not making satisfactory arrangements for the payment of that money, the Council may, by notice in writing served on the occupier of that house, require that occupier to pay to the Council until such time as the amount of money payable to the Council has been satisfied any money payable by the occupier by way of rent to the owner. Sch. 6 cl. 7(2) amended by Nos 26/1987 s. 20(a), 20/1996 s. 13(f). (2) The Council shall forward a copy of any notice under subclause (1) to the owner of the house concerned. (3) Any occupier who having the means to comply with any notice under subclause (1) fails to do so shall be guilty of an offence. 1. 1 penalty unit. Sch. 6 cl. 7(4) amended by Nos 26/1987 s. 20(a), 20/1996 s. 13(f). (4) Any occupier making any payment in pursuance of this clause shall be deemed to have been acting under the authority of the owner and all other persons concerned and is hereby indemnified in respect of that payment and that payment shall be credited against the amount payable by the owner to the Council under Part VII. Sch. 6 cl. 7(5) amended by Nos 26/1987 s. 20(a), 20/1996 s. 13(f)(g). (5) If the Council receives, otherwise than from the occupier, any payment in respect of the amount payable by the owner to the Council under Part VII it shall forthwith give notice thereof to the occupier. (6) This clause shall be read and construed as in aid of and not in derogation from the provisions of section 67(2). Sch. 6 cl. 8 amended by No. 20/1996 s. 13(h). 8 Provisions as to owners who are trustees Where any owner, being a trustee within the meaning of the **Trustee Act 1958**, is directed under Part VII to make any house or land comply with the regulations or to demolish any house, the trustee may, notwithstanding anything to the contrary contained in the instrument (if any) creating the trust— (a) make the house or land comply with those regulations; (b) demolish the house and, if the trustee thinks fit, erect another house in substitution therefor or sell the land on which the house was situated; (c) pay or apply any capital money subject to the trust for or towards any such purpose; (d) raise any money required for or towards any such purpose by sale, conversion, calling in or mortgage of all or any part of the trust property for the time being in possession. Sch 7 inserted by No. 106/2004 s. 14.