National Rental Affordability Scheme Amendment (Provisional Allocations and Other Measures) Regulation 2014
Division 1General
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Division 1—General
7 Paragraph 14(1)(b)
After “conditions”, insert “of the reservation”.
8 Paragraphs 14(2)(a) and (b)
Repeal the paragraphs, substitute:
(a) the dwelling is not available for rent by the agreed rental availability date for the dwelling;
(b) the Secretary is satisfied that the dwelling will not be available for rent by the agreed rental availability date for the dwelling;
9 At the end of subregulation 14(2)
Add:
; (e) the application for the allocation:
(i) includes information that is false or misleading; or
(ii) fails to include information that the applicant knew, or ought reasonably to have known, was relevant;
(f) an application made under Division 2 in relation to the reservation of the allocation:
(i) includes information that is false or misleading; or
(ii) fails to include information that the applicant knew, or ought reasonably to have known, was relevant.
Note: Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.
10 Subregulation 14(4)
Repeal the subregulation.
11 Regulation 16 (note after the heading)
Repeal the note.
12 Before subregulation 16(1)
Insert:
(1A) The Secretary must make an allocation for an incentive period in respect of a rental dwelling on the conditions set out in this regulation.
Note: See section 7 of the Act.
(1B) The rental dwelling must: (a) not have been lived in as a residence at any time before the first day of the incentive period; or (b) have been unfit for anyone to live in, and since the day on which it has been made fit for living in, not have been lived in as a residence between that day and the first day of the incentive period. (1C) To the extent that the rental dwelling is rented during an NRAS year that falls within the incentive period: (a) the rental dwelling must be rented to one or more eligible tenants; and (b) the rent that is charged for the rental dwelling must, at all times during the year, be at least 20% less than the market value rent for the dwelling.
Note: Eligible tenant is defined in regulation 19.
(1D) To the extent that the rental dwelling is not rented during an NRAS year that falls within the incentive period—the dwelling must not be vacant: (a) for longer than 26 weeks; and (b) for longer than a continuous period of 26 weeks that begins in the previous NRAS year and ends in the first‑mentioned NRAS year.