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VIC: Residential Tenancies Act Section 498ZE Receipts for rent

Writer: David WoolfallDavid Woolfall

Receipts for rent

(1) A person who receives a payment of rent from, or on behalf of, an SDA resident must give a written receipt in accordance with this section to the person making the payment—

(a) immediately, if the payment is made in person; or

(b) if the payment is not made in person and a receipt is requested at the time of making the payment, within 5 business days of receiving the payment.

Penalty: 25 penalty units.

(2) If a person receives a payment of rent from an SDA resident and a written receipt is not required to be given under subsection (1), the person must keep a record of the payment of rent until the earlier of—

(a) the end of 12 months after receiving the payment; or

(b) if an SDA resident, an SDA resident's guardian or SDA resident's administrator (if any) requests a copy of the record before the end of 12 months after making the payment, the provision of a copy of the record to the SDA resident and the SDA resident's guardian or SDA resident's administrator.

Penalty: 25 penalty units.

(3) If an SDA resident or an SDA resident's guardian or SDA resident's administrator (if any) requests a copy of a record under subsection (2)(b) before the end of 12 months after making the payment of rent, a person who keeps a record under subsection (2) must provide a copy of that record to the SDA resident and the SDA resident's guardian or SDA resident's administrator (if any) within 5 business days after receiving the request. Penalty: 25 penalty units.

(4) For the purposes of subsection (2), a record must contain information which enables the details specified in paragraphs (a) to (e) of subsection (5) to be identified.

(5) A receipt under this section must be signed by the person who receives the payment and must state—

(a) the name of the SDA resident and the SDA enrolled dwelling; and

(b) the date of receipt; and

(c) the period for which payment is made; and

(d) the amount paid; and

(e) the fact that the payment is for rent.

(6) The regulations may provide that a prescribed person is exempt from subsection (1), (2) or (5) subject to the conditions, if any, specified in the regulations.


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