CTHRepealedLegislation
National Rental Affordability Scheme Regulations 2008
17Statement of Compliance
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#### 17 Statement of Compliance
(1) The approved participant for an approved rental dwelling must lodge with the Department a Statement of Compliance for the dwelling in relation to each NRAS year for which the approved participant wishes to receive an incentive.
(2) The Statement of Compliance must be lodged:
(a) by 30 June after the end of the NRAS year for which the approved participant wishes to receive an incentive; or
(b) if the Secretary approves a later date under subregulation (2A) or (2B)—by the later date.
(2A) Subject to subregulation (2C), the Secretary may, on the Secretary’s own initiative and if the Secretary considers it appropriate, approve a later date by which Statements of Compliance for approved rental dwellings in relation to a particular NRAS year must be lodged.
(2B) Subject to subregulations (2C) and (2D), the Secretary may, on application in writing by the approved participant for an approved rental dwelling, approve a later date by which a Statement of Compliance for the dwelling in relation to an NRAS year must be lodged.
(2C) The Secretary must not, under subregulation (2A) or (2B), approve a date by which a Statement of Compliance for an approved rental dwelling in relation to an NRAS year must be lodged that is later than 30 September after the end of the NRAS year.
(2D) The Secretary must not, under subregulation (2B), approve a later date by which a Statement of Compliance for an approved rental dwelling in relation to an NRAS year must be lodged unless the Secretary is satisfied that the applicant has a reasonable excuse for not being able to lodge, or for not lodging, the Statement by 30 June after the end of the NRAS year.
(2E) If the Secretary approves a later date under subregulation (2A), the Secretary must notify, in writing, all approved participants for approved rental dwellings of the later date.
(2F) If the Secretary approves a later date under subregulation (2B), the Secretary must notify the applicant for the approval, in writing, of the later date.
(3) The Statement must be in a form approved by the Secretary and must include:
(a) a statement that at all times during the year, any tenant or tenants of the dwelling were eligible tenants, or details of any way in which this requirement was not met; and
(b) details of the rental charged over the year; and
(c) a statement that the rental charged during the year was at all times at least 20% less than the market value rent of the dwelling for the year, or details of any way in which this requirement was not met; and
(d) details of any period during which the dwelling was vacant; and
(e) details of each investor for the dwelling; and
(f) a statement that at all times during the year the approved participant, in respect of the dwelling, complied with landlord, tenancy, building, and health and safety laws of the State or Territory and local government area in which the dwelling is located, or details of any way in which such laws were not complied with; and
(fa) a statement that at all times during the year the approved participant complied with consumer protection laws in relation to the allocation, or details of any way in which such laws were not complied with; and
(g) a statement that all special conditions have been complied with or details of any way in which this requirement was not met; and
(h) a statement that the approved participant has complied with the approved participant’s obligations under Division 2 of Part 4, or details of any way in which those obligations were not complied with; and
(i) such other information as is required by the form.