Sch 7Registration of rental housing agencies—registration criteria

Schedule 7—Registration of rental housing agencies—registration criteria The criteria for determining whether a rental housing agency should be registered under Part VIII are as follows— 1 General (1) The rental housing agency must be a non-profit body. (2) To be registered as a registered housing association the rental housing agency must be a company limited by shares or by guarantee. (3) To be registered as a registered housing provider the rental housing agency must be a company limited by shares or by guarantee or a co-operative or an incorporated association. (4) The rental housing agency must be established to provide affordable rental housing to people on low incomes. (5) Unless the Registrar otherwise approves under section 82 or 103, the rental housing agency must not act as a trustee for any person other than a registered agency. (6) Unless the Registrar otherwise approves under section 82 or 103, the rental housing agency must not be a subsidiary of any body other than a registered agency. 2 Constitution—objects and powers (1) Subject to subclause (3), the constitution or rules of the rental housing agency must contain the provisions required by this clause. *Objects* (2) The rental housing agency's statement of objects must include an object to the effect of one of the following objects— (a) to promote the relief of poverty, sickness or the needs of the aged by providing affordable rental housing to persons in housing need as low-income households, or through infirmity or age; or (b) to promote other purposes beneficial to the community through the provision of affordable housing and associated services. (3) The rental housing agency's statement of objects is not required to include an object set out in subclause (2) if the rental housing agency otherwise satisfies the Registrar that it is a non-profit body. *Powers* (4) The rental housing agency's powers must include powers to— (a) acquire, by way of purchase, lease, transfer or otherwise, real property; Sch. 7 cl. 2(4)(b) amended by No. 40/2022 s. 47. (b) dispose of any real property, subject to the consent of Homes Victoria under section 109 of the **Housing Act 1983**; Sch. 7 cl. 2(4)(c) amended by No. 40/2022 s. 47. (c) provide security for the payment of money, subject to the consent of Homes Victoria under section 109 of the **Housing Act 1983**; (d) apply for and accept, grants or loans from any Federal, State or local government or authority; (e) enter into contracts and joint ventures with any public or private entity; (f) do anything incidental to or in furtherance of its objects. 3 Constitution—additional provisions (1) The constitution or rules of the rental housing agency must also include provisions to the effect of the provisions in this clause. *Alteration of Constitution* (2) A provision must be included to the effect that the constitution or rules of the rental housing agency may only be amended by special resolution in accordance with the legislation under which the rental housing agency is incorporated. *Agency not to act as trustee without approval* (3) A provision must be included to provide that the rental housing agency must not act as trustee for any person other than a registered agency without the written approval of the Registrar under section 82 or 103 of the **Housing Act 1983**. *Application of property and income* (4) A provision must be included to provide that the assets and income of the rental housing agency must be applied solely for the purposes for which the rental housing agency is incorporated and cannot be distributed directly or indirectly to the members of the rental housing agency except as bona fide compensation for services rendered or expenses incurred on its behalf. *Winding up* (5) A provision must be included to provide that in the event of the rental housing agency being wound up, any surplus assets remaining after payment of its liabilities must be transferred to another registered agency under the **Housing Act 1983**, approved by the Registrar under that Act, with similar purposes and which is not carried on for the purposes of profit or gain to its members. 4 Capacity to meet performance standards To be registered in a particular category, the rental housing agency must demonstrate the capacity to meet the performance standards applicable to that category of agency. Sch 8 inserted by No. 106/2004 s. 14, amended by Nos 20/2012 s. 226(Sch. 5 item 16(4)), 9/2013 s. 42(Sch. 2 item 11(5)), 14/2025 s. 41. Schedule 8—Register of Housing Agencies Part 1—Information to be included in Register 1 Incorporation details (1) The name by which the registered agency is incorporated (including previous names by which the registered agency has been known). (2) The Act or law under which the registered agency is incorporated. (3) The address of the registered office of the registered agency (including previous addresses at which it has been registered in the previous 5 years). (4) The Australian Company Number (A.C.N.) of the registered agency, if it is a company. (5) The registration number of the registered agency under the Co‑operatives National Law (Victoria), if it is a co-operative. (6) The registration number of the registered agency under the **Associations Incorporation Reform Act 2012**, if it is an incorporated association. (7) The date of incorporation. (8) The full names and addresses of all members of the governing body of the registered agency and the dates of their appointment (including the names and addresses of all members holding office within the registered agency in the previous 5 years). (9) The full name and address of the public officer (if any) of the registered agency (including the names and addresses of all public officers holding that office within the registered agency in the previous 5 years). (10) A current copy of the registered agency's constitution or rules, and the date on which they were approved under the Corporations Act or the Co‑operatives National Law (Victoria) or the **Associations Incorporation Reform Act 2012** or any relevant corresponding previous enactment. (11) A current copy of the registered agency's objects or statement of purposes and the date on which they were approved under the Corporations Act or the Co‑operatives National Law (Victoria) or the **Associations Incorporation Reform Act 2012** or any relevant corresponding previous enactment. (12) Each declaration given by the registered agency under sections 81(6)(a), 81(6)(d), 106(1)(a) and 106(1)(d). 2 Business details (1) The Australian Business Number (ABN) (if any) issued to the registered agency under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth. (2) Each declaration given by the registered agency under sections 81(6)(b) and 106(1)(b). (4) Details of the non-profit status of the registered agency. 3 Assets (1) The address and title or other identifying particulars of any land of which the registered agency is a registered proprietor. Sch. 8 cl. 3(2) amended by No. 40/2022 s. 48. (2) The address, title or other identifying particulars and name of the registered proprietor of any land over which the registered agency holds a lease, tenancy agreement or licence of more than 3 years' duration and in which Homes Victoria has an interest, a copy of the lease, tenancy agreement or licence, and the date of the lease, tenancy agreement or licence. (3) The address, title or other identifying particulars and name of the registered proprietor of any land at which the registered agency provides housing services to the public. (4) Each declaration made by the registered agency under sections 81(6)(c) and 106(1)(c). 4 Registration particulars (1) The registration number given to the registered agency on registration under Part VIII. (2) The date of registration of the registered agency under Part VIII (including the dates of any periods in which the registered agency has not been registered in the preceding 5 years). (3) The current registration status and registration category of the registered agency. (4) A record of whether the registered agency has complied with its reporting requirements under this Act and the dates and descriptions of all reports supplied by the registered agency under section 105 in the preceding 5 years.