Version incorporating amendments as at
1 July 2017
TABLE OF PROVISIONS
Regulation Page
1 Objective 1
2 Authorising provision 1
3 Commencement 1
4 Definition 1
5 Licence application fee 2
6 Renewal of licence application fee 2
7 Licence fee 3
8 Fee for search of Register and copy of extract from, or copy of, the Register 3
9 Fee for certified extract from, or copy of, the Register 3
10 Infringement offences and infringement penalties 3
Schedule 1—Infringement offences and infringement penalties 4
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Endnotes 6
1 General information 6
2 Table of Amendments 8
3 Amendments Not in Operation 9
4 Explanatory details 10
Version No.002
Rooming House Operators Regulations 2017
S.R. No. 6/2017
Version incorporating amendments as at
1 July 2017
1 Objective
The objective of these Regulations is to prescribe for the purposes of the Rooming House Operators Act 2016—
(a) licence application fees and renewal of licence application fees; and
(b) licence fees; and
(c) the fee to search the Register and take a copy of an extract from, or a copy of, the Register; and
(d) fees to obtain a certified extract from, or certified copy of, the Register; and
(e) offences that are infringement offences and their corresponding infringement penalties.
2 Authorising provision
These Regulations are made under section 80 of the Rooming House Operators Act 2016.
3 Commencement
These Regulations come into operation on 26 April 2017.
4 Definition
In these Regulations—
the Act means the Rooming House Operators Act 2016.
5 Licence application fee
For the purposes of section 11(5)(a) of the Act, the prescribed licence application fee is—
(a) in the case of an applicant who is a natural person—
(i) 15·91 fee units; and
(ii) for each current or proposed manager, an additional 14·04 fee units; and
(b) in the case of an applicant that is a body corporate—
(i) 16·58 fee units; and
(ii) for each current or proposed manager, an additional 14·04 fee units; and
(iii) for each officer of the body corporate, an additional 14·04 fee units.
6 Renewal of licence application fee
For the purposes of section 11(5)(a) of the Act, the prescribed renewal of licence application fee is—
(a) in the case of an applicant who is a natural person—
(i) 7·97 fee units; and
(ii) for each current or proposed manager, an additional 7·97 fee units; and
(b) in the case of an applicant that is a body corporate—
(i) 7·97 fee units; and
(ii) for each current or proposed manager, an additional 7·97 fee units; and
(iii) for each officer of the body corporate, an additional 7·97 fee units.
7 Licence fee
For the purposes of section 11(5)(b) of the Act, the prescribed fee for a licence to operate a rooming house is—
(a) for a licence for 3 years, 35·95 fee units; and
(b) for a licence for 4 years, 47·93 fee units; and
(c) for a licence for 5 years, 59·92 fee units.
8 Fee for search of Register and copy of extract from, or copy of, the Register
For the purposes of section 43(4) of the Act, the prescribed fee to search the Register and take a copy of an extract from, or a copy of, the Register is 3·78 fee units.
9 Fee for certified extract from, or copy of, the Register
For the purposes of section 43(5) of the Act—
(a) the prescribed fee to obtain a certified extract from the Register is 4·48 fee units; and
(b) the prescribed fee to obtain a certified copy of the Register is 4·48 fee units.
10 Infringement offences and infringement penalties
(1) For the purposes of section 71(2) of the Act, an offence specified in Column 2 of Schedule 1 is prescribed as an infringement offence.
(2) For the purposes of section 71(3) of the Act, the prescribed infringement penalty for an infringement offence is the penalty specified in Column 3 of Schedule 1 in respect of that infringement offence.
Sch. 1 substituted by S.R. No. 37/2017 reg. 4.
Schedule 1—Infringement offences and infringement penalties
Regulation 10
Column 1<br>Item
Column 2<br>Infringement offence
Column 3<br>Infringement penalty
1
An offence against section 8 of the Act
6 penalty units for a natural person<br>12 penalty units for a body corporate
2
An offence against section 21(1)(a), (b) or (c) of the Act
6 penalty units for a natural person<br>12 penalty units for a body corporate
3
An offence against section 22(1)(a) or (b) of the Act
6 penalty units for a natural person<br>12 penalty units for a body corporate
4
An offence against section 27(1) of the Act
12 penalty units
5
An offence against section 27(2) of the Act
6 penalty units for a natural person<br>12 penalty units for a body corporate
6
An offence against section 27(3) of the Act
12 penalty units
7
An offence against section 27(4) of the Act
6 penalty units for a natural person<br>12 penalty units for a body corporate
8
An offence against section 28(1)(a) or (b) of the Act
6 penalty units for a natural person<br>12 penalty units for a body corporate
9
An offence against section 28(2)(a) or (b) of the Act
12 penalty units
10
An offence against section 37 of the Act
6 penalty units for a natural person<br>12 penalty units for a body corporate
11
An offence against section 39(1) of the Act
6 penalty units
12
An offence against section 39(2) of the Act
6 penalty units
13
An offence against section 40 of the Act
6 penalty units for a natural person<br>12 penalty units for a body corporate
14
An offence against section 46(1) of the Act
6 penalty units
15
An offence against section 46(2) of the Act
6 penalty units
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Rooming House Operators Regulations 2017, S.R. No. 6/2017 were made on 7 March 2017 by the Governor in Council under section 80 of the Rooming House Operators Act 2016, No. 26/2016 and came into operation on 26 April 2017: regulation 3.
The Rooming House Operators Regulations 2017 will sunset 10 years after the day of making on 7 March 2027 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Rooming House Operators Regulations 2017 by statutory rules, subordinate instruments and Acts.
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2017 is $14.22. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
——
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2017 is $158.57.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.