16Conditions of allocation

#### 16 Conditions of allocation (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 (the relevant NRAS year) that falls within the incentive period—the dwelling must not be vacant for: (a) a period of more than 26 weeks during the relevant NRAS year (whether or not the period is continuous); or (b) a continuous period of more than 26 weeks that: (i) begins no more than 26 weeks before the end of the previous NRAS year; and (ii) ends in the relevant NRAS year. (1) The approved participant for an approved rental dwelling must lodge Statements of Compliance for the dwelling with the Department in accordance with regulation 17. (2) The approved participant must ensure that each approved rental dwelling, and the management of it, complies, at the time (the first available rent time) the dwelling first becomes available for rent and at all times after the first available rent time, with the landlord, tenancy, building, and health and safety laws of the State or Territory and local government area in which the dwelling is located. (2A) The approved participant must not, in relation to an allocation made to the approved participant: (a) provide information to the Secretary or the Department that is false or misleading; or (b) fail to provide information to the Secretary or the Department that the approved participant knows, or ought reasonably to know, is relevant. (3) The approved participant must ensure that all special conditions are complied with. (4) The approved participant for an approved rental dwelling must obtain market rent valuations of the dwelling in accordance with regulation 18 and subregulations (5) and (5A) of this regulation: (a) when the dwelling is first available for rent under the National Rental Affordability Scheme; and (b) at the end of the fourth and seventh years of the incentive period in respect of the dwelling. (5) A market rent valuation of an approved rental dwelling obtained under paragraph (4)(a) or (b) must: (a) relate to the market value rent for the dwelling on a date within the permitted valuation period for the market rent valuation; and (b) specify the date to which the market value rent relates. (5A) For subregulation (5): (a) the permitted valuation period for a market rent valuation of an approved rental dwelling to be obtained under paragraph (4)(a) is the 26 week period: (i) beginning 13 weeks before the day when the dwelling is first available for rent under the National Rental Affordability Scheme; and (ii) ending at the end of 13 weeks after that day; and (b) the permitted valuation period for a market rent valuation of an approved rental dwelling to be obtained under paragraph (4)(b) is the 26 week period: (i) beginning 13 weeks before the last day of the fourth or seventh year (as the case may be) of the incentive period in respect of the dwelling; and (ii) ending at the end of 13 weeks after that day. (6) The approved participant for an approved rental dwelling: (a) must lodge with the Department the market rent valuation of the dwelling obtained under paragraph (4)(a): (i) within 13 weeks of the day when the dwelling is first available for rent under the National Rental Affordability Scheme; or (ii) if the Secretary approves an extended period under subregulation (6A)—within the extended period; and (b) must lodge with the Department the market rent valuations of the dwelling obtained under paragraph (4)(b): (i) within 13 weeks of the last day of the fourth or seventh year (as the case may be) of the incentive period in respect of the dwelling; or (ii) if the Secretary approves an extended period under subregulation (6A)—within the extended period. (6A) Subject to subregulation (6B), the Secretary may, on application in writing by the approved participant for an approved rental dwelling, approve an extended period within which a market rent valuation of the dwelling must be lodged under subregulation (6). (6B) The Secretary must not approve an extended period for lodging a market rent valuation unless: (a) the Secretary is satisfied that the applicant for the approval has a reasonable excuse for not being able to obtain and lodge the valuation within the period mentioned in subparagraph (6)(a)(i) or (b)(i) (as the case requires); or (b) both of the following apply: (i) the allocation concerned has been transferred to another dwelling or to another person or entity; (ii) the Secretary is satisfied that, because of the transfer, it is reasonable to extend the period for obtaining and lodging the valuation. (6C) If the Secretary approves an extended period under subregulation (6A), the Secretary must notify the applicant for the approval, in writing, of the extended period. (11A) If the allocation is a provisional allocation, the conditions of the reservation of the allocation (other than the condition relating to the agreed rental availability date) must be satisfied. (12) The approved participant for an approved rental dwelling must, within the time specified by the Secretary, answer any queries from the Secretary, and give the Secretary any information and documents requested by the Secretary, about matters relating to the Scheme.