4Definitions

#### 4 Definitions In these Regulations: > Act means the National Rental Affordability Scheme Act 2008. > agreed rental availability date, for a rental dwelling to which a reservation of an allocation relates, means: (a) the rental availability date for the dwelling in a reporting timetable included in the conditions of the reservation of the allocation; or (b) if a later rental availability date in relation to the dwelling has been agreed by the Secretary under these Regulations—the most recently agreed rental availability date for the dwelling. > applicant means a person or entity that: (a) has made an application under subregulation 8(1) in relation to a proposal for one or more projects of rental dwellings; and (b) is not an approved participant in relation to those dwellings. > approved participant, for an approved rental dwelling, means a person or entity to which an allocation in relation to the dwelling: (a) has been made under regulation 14; or (b) has been transferred under regulation 21 or 22BG. > approved participants code of conduct has the meaning given by regulation 22BD(1). > approved rental dwelling means a rental dwelling in relation to which an allocation: (a) has been made under regulation 14; or (b) has been transferred under regulation 20. > associated party, in relation to an approved rental dwelling, means a person, other than the approved participant or a tenant of an approved rental dwelling, who: (a) is a party to an agreement that relates to the approved rental dwelling; and (b) under the agreement, is required to pass on to another person who is not the approved participant any payment or benefit (including rent) relating to the approved rental dwelling. > call for applications means a call for applications under regulation 7. > compliance breach has the meaning given by subregulation 22BA(4). > conditions of the allocation, in relation to an approved rental dwelling, means the conditions set out in regulation 16. > conditions of the reservation of an allocation in relation to a rental dwelling means: (a) the conditions relating to location, style, size and special attributes (if any) of the dwelling identified in the offer of the reservation under subparagraphs 13(2)(a)(iia) and (iii); and (b) the other conditions specified under subregulation 13(3). > consumer protection law has the same meaning as in the Australian Postal Corporation Act 1989. > disqualifying breach has the meaning given by regulation 22BC. > eligible tenant has the meaning given by regulation 19. > endorsed charitable institution means an entity that is endorsed as exempt from income tax by the Commissioner of Taxation under section 50‑105 of the Income Tax Assessment Act 1997. > individual breach has the meaning given by subregulation 22BA(1). > insolvency event has the meaning given by subregulation 22BA(2). > investor, in relation to an approved rental dwelling, means a person: (a) who is the legal or beneficial owner of the rental dwelling; and (b) who is not an approved participant in relation to the dwelling. > market value rent has the meaning given by regulation 18. > NRAS incentive index means the Rents component of the Housing Group of the Consumer Price Index for the year, December quarter to December quarter as at 1 March of the immediately preceding NRAS year, using the Summary Table weighted average rate of eight capital cities housing component, as published in the Australian Bureau of Statistics publication Cat. no. 6401.0—Consumer Price Index, Australia, CPI: Group, Sub‑group and Expenditure Class, rounded to the nearest single decimal point. > NRAS market index means the Rents component of the Housing Group of the Consumer Price Index for the year, December quarter to December quarter as at 1 March of the immediately preceding NRAS year, using the capital city index for the relevant State, as published in the Australian Bureau of Statistics publication Cat. no. 6401.0—Consumer Price Index, Australia, CPI: Group, Sub‑group and Expenditure Class, Index Numbers by Capital City table (or equivalent), rounded to the nearest single decimal point. > NRAS tenant income index means the All Groups component of the Consumer Price Index, Percentage Change from Corresponding Quarter of Previous Year, December quarter, using the all groups weighted average of eight capital cities, as published in the Australian Bureau of Statistics publication Cat. no. 6401.0—Consumer Price Index, Australia, CPI: Groups, Weighted Average of Eight Capital Cities, Index Numbers and Percentage Changes, rounded to the nearest single decimal point. > pass on, in relation to an incentive, has the meaning given by subregulation 30A(2). > project means a set of related dwellings, and may include: (a) a development of dwellings, or some dwellings within a development; or (b) a set of dwellings in a nominated location; or (c) for small pockets of dwellings—dwellings in more than 1 location. > proposal means a submission in an application to the National Rental Affordability Scheme for allocations. > Note: A proposal may include 1 or more projects in a range of locations. > provisional allocation has the meaning given by subregulation 14(2C). > redirected, in relation to an incentive, has the meaning given by subregulation 22BH(5). > serious breach has the meaning given by subregulation 22BB(1). > special conditions has the meaning given by regulation 13. > subsidiary dwelling means a rental dwelling that is separately identifiable and tenanted, but is part of a larger dwelling. > tax offset certificate means a certificate of a kind mentioned in paragraph 9(a) of the Act. > transfer request has the meaning given by paragraph 22BE(1)(b). > transitional period means the period of 3 months beginning on the commencement of Part 1 of Schedule 1 to the National Rental Affordability Scheme Amendment (Provisional Allocations and Other Measures) Regulation 2014. > unfair contract, in relation to an approved rental dwelling, means a contract that: (a) relates to the approved rental dwelling; and (b) includes a term that: (i) results in a significant imbalance in the rights and obligations of the parties to the contract; and (ii) is not reasonably necessary to protect the legitimate interests of a person other than an investor; and (iii) if applied, or relied upon, would cause detriment (whether financial or otherwise) to an investor. > Note: Terms used in these Regulations that are defined in the Act include the following: > Note: allocation, in relation to an incentive period, means an allotment to an approved participant of an entitlement to receive an incentive for an approved rental dwelling in relation to an NRAS year that falls within the incentive period if conditions are satisfied in relation to the rental dwelling. > Note: incentive means: (a) a National Rental Affordability Scheme Tax Offset; or (b) an amount payable for an NRAS year. > Note: incentive period means a 10 year period that starts on or after 1 July 2008. > Note: NRAS year (short for National Rental Affordability Scheme year) means: (a) the period beginning on 1 July 2008 and ending on 30 April 2009; and (b) the year beginning on 1 May 2009 and later years beginning on 1 May. > Note: rental dwelling means a dwelling for which rent is payable and includes: (a) a part of the dwelling or building that is capable of being lived in as a separate residence; and (b) a unit that is a dwelling; and (c) any dwelling prescribed by the regulations to be a rental dwelling for the purposes of this definition; > Note: but does not include a caravan, houseboat, another kind of mobile dwelling or any dwelling prescribed by the regulations not to be a rental dwelling for the purposes of this definition. > Note: Secretary means the Secretary of the Department.