Victorian Numbered Regulations

COMMERCIAL TENANCY RELIEF SCHEME REGULATIONS 2022 (SR NO 4 OF 2022)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Objectives  
   2.      Authorising provision  
   3.      Commencement  
   4.      Definitions  

   PART 2--ELIGIBILITY

           Division 1--Eligible lease

   5.      Prescribed eligible lease—general  
   6.      Prescribed eligible lease—2021 lease  
   7.      Prescribed eligible lease—change in trading hours protection  
   8.      Prescribed excluded class of lease—agriculture  
   9.      Prescribed excluded class of lease—listed corporation  

           Division 2--Eligible tenant

   10.     Meaning of eligible tenant  

           Division 3--Small entity

   11.     Meaning of small entity  

           Division 4--Decline in turnover

   12.     Modifications relating to turnover  
   13.     Meaning of decline in turnover test  
   14.     Meaning of turnover test period  
   15.     Meaning of comparison turnover  

           Division 5--Alternative comparison turnover methods

   16.     Alternative comparison turnover—business began trading on or after 1 January 2020  
   17.     Alternative comparison turnover—business acquisition or disposal that changed the tenant's comparison turnover  
   18.     Alternative comparison turnover—business restructure that changed the tenant's comparison turnover  
   19.     Alternative comparison turnover—business affected by natural disaster  
   20.     Alternative comparison turnover—sole trader or small partnership with sickness, injury or leave  
   21.     Alternative comparison turnover—tenant temporarily ceased trading during the relevant comparison period  

   PART 3--GENERAL OBLIGATIONS ON LANDLORDS AND TENANTS

   22.     Landlords and tenants must work cooperatively  
   23.     Prohibition on providing false or misleading information  

   PART 4--RENT, OUTGOINGS AND OTHER EXPENSES

           Division 1--Rent relief

   24.     Non-payment of rent or outgoings during protection period  
   25.     Rent relief  
   26.     Meaning of rent relief period  
   27.     Subsequent rent relief  
   28.     Extension of the term  
   29.     Payment of deferred rent  
   30.     Further deferral of rent under a 2020 lease  
   31.     Further deferral of rent under a 2021 lease  
   32.     No fees, interest or charges  

           Division 2--General protections and obligations

   33.     Prohibition on rent increases  
   34.     Recovery of outgoings or expenses  
   35.     Reduction in outgoings  

   PART 5--CHANGE IN TRADING HOURS

   36.     Tenant may reduce business hours or cease business during protection period  

   PART 6--OTHER OBLIGATIONS

   37.     Confidentiality of information  

   PART 7--DISPUTE RESOLUTION

           Division 1--Mediation of eligible lease disputes by Small Business Commission

   38.     Referral of eligible lease dispute for mediation by Small Business Commission  
   39.     Regulation 39 certificate  
   40.     Legal representation  

           Division 2--Binding orders for rent relief made by Small Business Commission

   41.     Application for binding order  
   42.     Notice of application for binding order  
   43.     Small Business Commission may request further information  
   44.     No hearings for applications for binding orders  
   45.     Decision to make a binding order  
   46.     Binding orders  
   47.     What a binding order may require  
   48.     Cessation of binding order process  

           Division 3--Amendment of binding order

   49.     Application for amendment or revocation of binding order  
   50.     Small Business Commission may dismiss application in certain circumstances  
   51.     Small Business Commission may propose amendment on its own initiative  
   52.     Small Business Commission to give notice if amendment or revocation is to be considered  
   53.     Small Business Commission may request further information  
   54.     No hearings for applications to amend or revoke binding orders  
   55.     Amending or revoking a binding order  
   56.     Notice of amendment or revocation of binding order  

           Division 4--Review by VCAT

   57.     Applications for review by VCAT  
   58.     Contravention of binding orders  

           Division 5--Other matters

   59.     Severing, dividing or combining matters in eligible lease disputes  
   60.     Evidentiary status of statements made during mediation and binding order process  
   61.     Part does not restrict section 10(1)(c) of the Act  

           Division 6--Determination of eligible lease disputes by VCAT or a court

   62.     Jurisdiction of VCAT  
   63.     Determination by VCAT or a court  

   PART 8--GENERAL

           Division 1--Other matters

   64.     Indemnities  
   65.     Giving notices—general  

           Division 2--Revocation of these Regulations

   66.     Revocation of these Regulations  
           ENDNOTES