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Residential Tenancy Amendment Regulations 2016

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Residential Tenancy Act 1997 .

14 March 2016

C. WARNER

Governor

By Her Excellency's Command,

ADAM BROOKS

Minister for Building and Construction

1. Short title

These regulations may be cited as the Residential Tenancy Amendment Regulations 2016 .

2. Commencement

These regulations take effect on the seventh day after the day on which their making is notified in the Gazette.

3. Principal Regulations

In these regulations, the Residential Tenancy Regulations 2015 are referred to as the Principal Regulations.

4. Regulation 13 inserted

After regulation 12 of the Principal Regulations , the following regulation is inserted:
13. Notice to vacate social housing – prescribed matters

(1) For the purposes of section 42(1)(da)(i) of the Act –
(a) each type of income specified in Table A of Schedule 2 is a prescribed source of income; and
(b) to avoid doubt, each type of income specified in Table B of Schedule 2 is not a prescribed source of income.

(2) For the purposes of section 42(1)(da)(i) of the Act, the prescribed amount of income is –
(a) if the tenant has been the sole occupant of the relevant social housing during the assessment period, the GHMWR for the month of August immediately preceding the commencement of the assessment period ÷ 30% (the base amount); or
(b) if the tenant has not been the sole occupant of the relevant social housing during the assessment period, the base amount plus –
(i) the base amount x 50% for each person who (as an adult) occupied that social housing at any time (or times) during the assessment period besides the tenant; plus
(ii) the base amount x 30% for each person who (as a child) occupied that social housing at any time (or times) during the assessment period besides the tenant; plus
(iii) a sum equal to the combined Centrelink carer allowance and Centrelink pension supplement for each person, including the tenant, who occupied that social housing at any time (or times) during the assessment period whilst living with non-severe permanent or long-term disability; plus
(iv) a sum equal to one-third of the SRP for each person, including the tenant, who occupied that social housing at any time (or times) during the assessment period whilst living with severe permanent or long-term disability.

(3) For the purposes of section 42(1)(da)(ii) of the Act –
(a) each type of asset specified in Table A of Schedule 3 is a prescribed type of asset; and
(b) to avoid doubt, each type of asset specified in Table B of Schedule 3 is not a prescribed type of asset.

(4) For the purposes of section 42(1)(da)(ii) of the Act, the prescribed amount of asset value is –
(a) if the tenant has been the sole occupant of the relevant social housing during the assessment period, the TMHSP for the month of August immediately preceding the commencement of the assessment period x 20% (the base amount); or
(b) if the tenant has not been the sole occupant of the relevant social housing premises during the assessment period, the base amount plus an additional one per cent of the TMHSP for each person, other than the tenant, who occupied that social housing at any time during the assessment period.

(5) Pursuant to section 42(1B) of the Act, the prescribed circumstances for section 42(1)(db)(i) of the Act are where –
(a) the number of persons occupying the premises (inclusive of the tenants but exclusive of the carers, if any, of any of those persons) is less than the number of bedrooms in the premises; and
(b) none of the bedrooms in the premises is reasonably required for –
(i) the provision of medical or health care to an occupant of the premises; or
(ii) the accommodation of persons who act as the full-time or part-time carer of any occupant of the premises.

(6) In this section –
adult means a person who has attained the age of 18 years;
assessment period means –
(a) for section 42(1)(da)(i) of the Act, the continuous 12-month period referred to in that section; and
(b) for section 42(1)(da)(ii) of the Act, the 30-day period referred to in that section;
Centrelink carer allowance means a carer allowance under the Social Security Act 1991 of the Commonwealth;
Centrelink pension supplement means a pension supplement under the Social Security Act 1991 of the Commonwealth;
child means a person who has not attained the age of 18 years;
REIT means the real estate State industry body known as the Real Estate Institute of Tasmania;
SRP means a Special rate of pension (also known as a Special rate pension or TPI pension), being a pension paid under Part II of the Veterans' Entitlements Act 1986 of the Commonwealth to a military veteran to whom section 24 of that Act applies;
TMHSP means the Tasmanian moving annual median house sale price, published monthly by the REIT;
GHMWR means the median weekly rent for a 2-bedroom house in Greater Hobart, published monthly by the REIT.

5. Schedule 1 substituted

Schedule 1 to the Principal Regulations is rescinded and the following Schedules are substituted:
SCHEDULE 1 - Infringement Notice Offences and Penalties
Regulation 6

Item
Section of Act
Penalty

(penalty units)
1.
17(1)
10
2.
17(2)(a)
10
3.
17(2)(b)
10
4.
17(2)(c)
10
5.
17(2)(d)
10
6.
17(2)(e)
10
7.
17(3)
10
8.
17(3A)
10
9.
24(1)
10
10.
25(2)(a)
10
11.
25(2)(b)
10
12.
25(3)
10
13.
25(4)(a)
10
14.
25(4)(b)
10
15.
25(4)(c)
10
16.
29F(8)
2
17.
36I(1)
10
18.
36J(1)
10
19.
36J(2)
10
20.
36J(3)
10
21.
36K(1)
10
22.
36K(2)
10
23.
36L
10
24.
36M(1)
10
25.
36M(2)
10
26.
36M(3)
10
27.
36N(1)
10
28.
36O(1)
10
29.
36O(5)
10
30.
37(2)
10
31.
55(2)
10
32.
56(1)
10
33.
58
10
SCHEDULE 2 - Prescribed Sources of Income
Regulation 13(1)
TABLE A

Item No.
Type of income
1.
Gross income from employment (whether regular or irregular) including the following:

(a) salaries and wages;

(b) tips, commissions and bonuses;

(c) piecework payments and payments for odd jobs and casual work;

(d) penalty payments and shift allowances;

(e) directors' fees;

(f) remuneration for time not worked, including any period of holiday leave, long service leave, sick leave or other leave;

(g) workers compensation payments made by employers;

(h) leave loadings.
2.
Regular income from the Commonwealth government (whether under the Social Security Act 1991 , Veterans' Entitlements Act 1986 or another law of the Commonwealth) including all pensions, benefits, allowances and supplements, other than the following:

(a) baby bonuses;

(b) child care benefits;

(c) child care rebates;

(d) emergency and disaster assistance payments.
3.
Regular income from the government of any State or Territory of the Commonwealth.
4.
Regular income from non-government organisations, including non-profit organisations.
5.
Income from overseas sources, including superannuation and pensions.
6.
Interest from deposits with authorised deposit-taking institutions, including term deposits.
7.
Interest from personal loans to persons outside the relevant residential premises.
8.
Income from assets, including bullion.
9.
Income from the hire of assets owned or partially owned by the tenant or, if the tenant is a member of a household, member of the household.
10.
Profit from businesses owned or partially owned by the tenant or, if the tenant is a member of a household, member of the household.
11.
Money received as gifts and income received as a result of gifts, including interest.
12.
Deemed income from financial assets.
13.
Family trust distributions or dividends.
14.
Income from rental properties or land, including agricultural and commercial properties.
15.
Scholarship payments for living (as opposed to educational) expenses.
16.
Private child maintenance payments.
17.
Income from life interests.
18.
Income from income stream products, including annuities and allocated products.
19.
Winnings from betting and gambling (where value of winnings exceeds cost of entry fees and tickets across the financial year).
20.
Income from shares in listed shares and securities and in unlisted public companies.
21.
Royalties.
TABLE B

Item No.
Type of income
1.
Employer contributions to superannuation.
2.
In-kind provisions made by employers, including the following:

(a) goods and services;

(b) transport, electricity, telephone, holiday and medical expenses;

(c) housing;

(d) low-interest subsidies on finance;

(e) union dues, professional association fees and club fees;

(f) child care and educational expenses.
3.
One-off assistance payments from any government or from any non-government entity (being payments where a regular payment option is not offered or available), including the following:

(a) emergency and disaster relief payments;

(b) payments under any residential tenancy support service;

(c) ad hoc payments for specific purposes (such as a carbon tax compensation lump sum made by the Commonwealth).
4.
If the tenant is a member of a household, rent or board payments made by a member of the household to any other member of the household.
5.
Scholarship payments for educational (as opposed to living) expenses.
SCHEDULE 3 - Assets
Regulation 13(3)
TABLE A

Item No.
Type of asset
1.
Cash or money held in authorised deposit-taking institution accounts, including interest-free accounts.
2.
Cash or money held in interest-bearing deposits, fixed deposits, bonds, debentures, property trusts, friendly society bonds and managed investments.
3.
Shares, options, rights, convertible notes and other securities, (whether listed on an Australian or overseas stock exchange or unlisted).
4.
Unsecured funds held by an authorised deposit-taking institution (other than minor withdrawn monies).
5.
Gold and other bullion.
6.
Residential properties, including rental properties, second homes, shacks, vacant land, and the value of any residential or holiday time-share arrangements.
7.
Commercial properties and commercial land.
8.
The value of any businesses and farms, including the value of crops and livestock.
9.
The attributed value of any private trusts or private companies of which the tenant or, if the tenant is a member of a household, member of the household is trustee or controller.
10.
Loans made to other people, companies and trusts, other than loans of household goods or motor vehicles.
11.
Income stream products, including annuities and superannuation.
12.
Gifts, including gifts of cash, savings, shares, bonds, investments, lump sum payments, net fixed business assets, realised superannuation funds and real estate.
13.
Any monies that the tenant or, if the tenant is a member of a household, member of the household would, regardless of any legal disability, be entitled to recover in a court of competent jurisdiction as a debt.
14.
Vehicles for recreational or specific-interest use, including the following:

(a) campervans and caravans;

(b) dragsters, racing cars and go-karts;

(c) stock cars and street rods;

(d) vintage or veteran vehicles.
15.
Motor vehicles for commercial use, including the following:

(a) taxis;

(b) heavy vehicles (such as buses, large trucks and large vans);

(c) self-propelled plant and machinery (such as tractors, backhoes and mobile cranes).
16.
Non-road-registrable motorcycles, quad-bikes and ride-on mowers.
17.
Trailers, including boat trailers, horse floats, semi-trailers, log jinkers and towed agricultural machinery.
18.
Bicycles, tricycles, tandem cycles and other pedal vehicles, including those with some form of powered assistance for the rider, and unpowered scooters.
19.
Vehicles that are capable of travelling only on a railway, tramway or other fixed track.
20.
Boats and recreational water craft, including jet skis, sailboards and kayaks.
21.
Aircraft, including recreational aircraft (such as powered ultra lights, gliders and hang gliders).
22.
The value of jewellery, artworks, collections, memorabilia and antiques, excluding family heirlooms and hobby collections.
23.
The value of any collections used for trading purposes.
TABLE B

Item No.
Type of asset
1.
Assets held in superannuation funds or rollover funds from which the tenant or, if the tenant is a member of a household, member of the household receives a pension or annuity.
2.
The value of investments in superannuation funds or similar retirement products (where the tenant or, if the tenant is a member of a household, member of the household is under the pension age and is yet to receive a lump sum, pension or annuity from the funds or products).
3.
The surrender value of life insurance policies.
4.
The value of life interests.
5.
The value of assets in a deceased estate which are not yet received.
6.
The value of investments in First Home Saver Accounts under the (discontinued) FHSA scheme of the Commonwealth.
7.
Payments under a criminal injuries compensation scheme or victims of crime compensation scheme of any State or Territory of the Commonwealth.
8.
Ex-gratia payments to persons who have been victims of abuse whilst in the care of any State or Territory of the Commonwealth or any religious institution.
9.
One-off payments made by the Commonwealth to Australian service personnel who were prisoners-of-war during the Korean War (or to their spouses).
10.
Pre-paid funeral arrangements, including funeral bonds and the reservation of burial plots.
11.
Accommodation bonds paid to aged cared facilities.
12.
Assets held in trusts that are Special Disability Trusts for the purposes of the Social Security Act 1991 of the Commonwealth.
13.
Motor vehicles for private use, including the following:

(a) utilities and small vans;

(b) road-registrable motorcycles, (including motor trikes and motor scooters).
14.
The market value of household goods, including the following:

(a) furniture and soft furnishings (such as curtains);

(b) crockery, cutlery, glassware and cooking equipment;

(c) in-built and portable electrical appliances;

(d) manchester (bed coverings, towels and linen);

(e) portable lighting;

(f) garden ornaments.
15.
The market value of personal effects, including the following:

(a) clothing;

(b) jewellery (other than heirloom jewellery or jewellery that forms part of a hobby collection);

(c) cosmetics and toiletries;

(d) watches;

(e) optical items (such as sunglasses and binoculars);

(f) recreational items (such as books, camping equipment, fitness equipment, sporting goods and toys);

(g) personal electrical devices (such as cameras, computers and gaming systems, mp3 players, phones, radios, recording equipment, stereo and surround sound equipment, televisions and tablets);

(h) nursery items and children's play equipment (such as swings and trampolines);

(i) pool equipment;

(j) bicycles, tricycles and other pedal vehicles, including those with some form of powered assistance for the rider, and unpowered scooters;

(k) gardening equipment and tools;

(l) hobby equipment.
16.
The value of family heirlooms and hobby collections.
17.
The value of any medals or decorations (not forming part of a collection used for trading purposes).
18.
Devices for the aid of persons living with disability, injury or illness, including prostheses, stair-lifts and wheelchairs (motorised and otherwise).

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 23 March 2016

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Residential Tenancy Regulations 2015 by –

(a) prescribing income sources, income amounts, asset types and asset value amounts for section 42(1)(da) of the Residential Tenancy Act 1997 ; and
(b) prescribing the circumstances applicable to reasonable bedroom requirements for section 42(1)(db)(i) of that Act; and
(c) prescribing offences under Part 3B of that Act as offences in respect of which infringement notices may be issued and the amount of the penalties payable under those infringement notices.

Item	Section of Act	Penalty
		(penalty units)
1.	17(1)	10
2.	17(2)(a)	10
3.	17(2)(b)	10
4.	17(2)(c)	10
5.	17(2)(d)	10
6.	17(2)(e)	10
7.	17(3)	10
8.	17(3A)	10
9.	24(1)	10
10.	25(2)(a)	10
11.	25(2)(b)	10
12.	25(3)	10
13.	25(4)(a)	10
14.	25(4)(b)	10
15.	25(4)(c)	10
16.	29F(8)	2
17.	36I(1)	10
18.	36J(1)	10
19.	36J(2)	10
20.	36J(3)	10
21.	36K(1)	10
22.	36K(2)	10
23.	36L	10
24.	36M(1)	10
25.	36M(2)	10
26.	36M(3)	10
27.	36N(1)	10
28.	36O(1)	10
29.	36O(5)	10
30.	37(2)	10
31.	55(2)	10
32.	56(1)	10
33.	58	10

Item No.	Type of income
1.	Gross income from employment (whether regular or irregular) including the following:
	(a) salaries and wages;
	(b) tips, commissions and bonuses;
	(c) piecework payments and payments for odd jobs and casual work;
	(d) penalty payments and shift allowances;
	(e) directors' fees;
	(f) remuneration for time not worked, including any period of holiday leave, long service leave, sick leave or other leave;
	(g) workers compensation payments made by employers;
	(h) leave loadings.
2.	Regular income from the Commonwealth government (whether under the Social Security Act 1991 , Veterans' Entitlements Act 1986 or another law of the Commonwealth) including all pensions, benefits, allowances and supplements, other than the following:
	(a) baby bonuses;
	(b) child care benefits;
	(c) child care rebates;
	(d) emergency and disaster assistance payments.
3.	Regular income from the government of any State or Territory of the Commonwealth.
4.	Regular income from non-government organisations, including non-profit organisations.
5.	Income from overseas sources, including superannuation and pensions.
6.	Interest from deposits with authorised deposit-taking institutions, including term deposits.
7.	Interest from personal loans to persons outside the relevant residential premises.
8.	Income from assets, including bullion.
9.	Income from the hire of assets owned or partially owned by the tenant or, if the tenant is a member of a household, member of the household.
10.	Profit from businesses owned or partially owned by the tenant or, if the tenant is a member of a household, member of the household.
11.	Money received as gifts and income received as a result of gifts, including interest.
12.	Deemed income from financial assets.
13.	Family trust distributions or dividends.
14.	Income from rental properties or land, including agricultural and commercial properties.
15.	Scholarship payments for living (as opposed to educational) expenses.
16.	Private child maintenance payments.
17.	Income from life interests.
18.	Income from income stream products, including annuities and allocated products.
19.	Winnings from betting and gambling (where value of winnings exceeds cost of entry fees and tickets across the financial year).
20.	Income from shares in listed shares and securities and in unlisted public companies.
21.	Royalties.

Item No.	Type of income
1.	Employer contributions to superannuation.
2.	In-kind provisions made by employers, including the following:
	(a) goods and services;
	(b) transport, electricity, telephone, holiday and medical expenses;
	(c) housing;
	(d) low-interest subsidies on finance;
	(e) union dues, professional association fees and club fees;
	(f) child care and educational expenses.
3.	One-off assistance payments from any government or from any non-government entity (being payments where a regular payment option is not offered or available), including the following:
	(a) emergency and disaster relief payments;
	(b) payments under any residential tenancy support service;
	(c) ad hoc payments for specific purposes (such as a carbon tax compensation lump sum made by the Commonwealth).
4.	If the tenant is a member of a household, rent or board payments made by a member of the household to any other member of the household.
5.	Scholarship payments for educational (as opposed to living) expenses.

Item No.	Type of asset
1.	Cash or money held in authorised deposit-taking institution accounts, including interest-free accounts.
2.	Cash or money held in interest-bearing deposits, fixed deposits, bonds, debentures, property trusts, friendly society bonds and managed investments.
3.	Shares, options, rights, convertible notes and other securities, (whether listed on an Australian or overseas stock exchange or unlisted).
4.	Unsecured funds held by an authorised deposit-taking institution (other than minor withdrawn monies).
5.	Gold and other bullion.
6.	Residential properties, including rental properties, second homes, shacks, vacant land, and the value of any residential or holiday time-share arrangements.
7.	Commercial properties and commercial land.
8.	The value of any businesses and farms, including the value of crops and livestock.
9.	The attributed value of any private trusts or private companies of which the tenant or, if the tenant is a member of a household, member of the household is trustee or controller.
10.	Loans made to other people, companies and trusts, other than loans of household goods or motor vehicles.
11.	Income stream products, including annuities and superannuation.
12.	Gifts, including gifts of cash, savings, shares, bonds, investments, lump sum payments, net fixed business assets, realised superannuation funds and real estate.
13.	Any monies that the tenant or, if the tenant is a member of a household, member of the household would, regardless of any legal disability, be entitled to recover in a court of competent jurisdiction as a debt.
14.	Vehicles for recreational or specific-interest use, including the following:
	(a) campervans and caravans;
	(b) dragsters, racing cars and go-karts;
	(c) stock cars and street rods;
	(d) vintage or veteran vehicles.
15.	Motor vehicles for commercial use, including the following:
	(a) taxis;
	(b) heavy vehicles (such as buses, large trucks and large vans);
	(c) self-propelled plant and machinery (such as tractors, backhoes and mobile cranes).
16.	Non-road-registrable motorcycles, quad-bikes and ride-on mowers.
17.	Trailers, including boat trailers, horse floats, semi-trailers, log jinkers and towed agricultural machinery.
18.	Bicycles, tricycles, tandem cycles and other pedal vehicles, including those with some form of powered assistance for the rider, and unpowered scooters.
19.	Vehicles that are capable of travelling only on a railway, tramway or other fixed track.
20.	Boats and recreational water craft, including jet skis, sailboards and kayaks.
21.	Aircraft, including recreational aircraft (such as powered ultra lights, gliders and hang gliders).
22.	The value of jewellery, artworks, collections, memorabilia and antiques, excluding family heirlooms and hobby collections.
23.	The value of any collections used for trading purposes.

Item No.	Type of asset
1.	Assets held in superannuation funds or rollover funds from which the tenant or, if the tenant is a member of a household, member of the household receives a pension or annuity.
2.	The value of investments in superannuation funds or similar retirement products (where the tenant or, if the tenant is a member of a household, member of the household is under the pension age and is yet to receive a lump sum, pension or annuity from the funds or products).
3.	The surrender value of life insurance policies.
4.	The value of life interests.
5.	The value of assets in a deceased estate which are not yet received.
6.	The value of investments in First Home Saver Accounts under the (discontinued) FHSA scheme of the Commonwealth.
7.	Payments under a criminal injuries compensation scheme or victims of crime compensation scheme of any State or Territory of the Commonwealth.
8.	Ex-gratia payments to persons who have been victims of abuse whilst in the care of any State or Territory of the Commonwealth or any religious institution.
9.	One-off payments made by the Commonwealth to Australian service personnel who were prisoners-of-war during the Korean War (or to their spouses).
10.	Pre-paid funeral arrangements, including funeral bonds and the reservation of burial plots.
11.	Accommodation bonds paid to aged cared facilities.
12.	Assets held in trusts that are Special Disability Trusts for the purposes of the Social Security Act 1991 of the Commonwealth.
13.	Motor vehicles for private use, including the following:
	(a) utilities and small vans;
	(b) road-registrable motorcycles, (including motor trikes and motor scooters).
14.	The market value of household goods, including the following:
	(a) furniture and soft furnishings (such as curtains);
	(b) crockery, cutlery, glassware and cooking equipment;
	(c) in-built and portable electrical appliances;
	(d) manchester (bed coverings, towels and linen);
	(e) portable lighting;
	(f) garden ornaments.
15.	The market value of personal effects, including the following:
	(a) clothing;
	(b) jewellery (other than heirloom jewellery or jewellery that forms part of a hobby collection);
	(c) cosmetics and toiletries;
	(d) watches;
	(e) optical items (such as sunglasses and binoculars);
	(f) recreational items (such as books, camping equipment, fitness equipment, sporting goods and toys);
	(g) personal electrical devices (such as cameras, computers and gaming systems, mp3 players, phones, radios, recording equipment, stereo and surround sound equipment, televisions and tablets);
	(h) nursery items and children's play equipment (such as swings and trampolines);
	(i) pool equipment;
	(j) bicycles, tricycles and other pedal vehicles, including those with some form of powered assistance for the rider, and unpowered scooters;
	(k) gardening equipment and tools;
	(l) hobby equipment.
16.	The value of family heirlooms and hobby collections.
17.	The value of any medals or decorations (not forming part of a collection used for trading purposes).
18.	Devices for the aid of persons living with disability, injury or illness, including prostheses, stair-lifts and wheelchairs (motorised and otherwise).

Tasmanian Legislation Tasmania's consolidated legislation online

Residential Tenancy Amendment Regulations 2016

Tasmanian Legislation
Tasmania's consolidated legislation online