Victorian Numbered Regulations Victorian Numbered Regulations (1) If a residence contract with a non-owner
resident includes the clauses in Schedule 1,
it is a condition of that
contract for the purposes of section 26(2)(c) of the Act that the
non-owner resident or the non-owner resident's legal personal representative
is entitled to recover the amount refundable under section 26(1) of the
Act—
(a) on a day that is not more than 14 days after the earlier of—
(i) the day on which a payment is made by another person under a residence contract in respect of the premises of the non-owner resident that is equal to or more than the amount owed to the non-owner resident after the non-owner resident has delivered up vacant possession of the premises; or
(ii) the day on which another person takes up residence in the premises of the non-owner resident after the non-owner resident has delivered up vacant possession of the premises; or
(b) on or after the day a court or tribunal makes a finding that the owner has committed a material breach of any of the clauses in Schedule 1 included in the contract with the non-owner resident.
(2) Subregulation (3) applies to a residence contract with a non-owner resident if—
(a) it is a condition of the residence contract that—
(i) the amount of the in-going contribution is determined with reference to a factor other than or in addition to the market value of the residence right; and
(ii) the amount of the in-going contribution is less than the market value of the residence right; and
(b) the residence contract includes the clauses in Schedule 2.
(3) It is a condition of a contract to which this subregulation applies for the purposes of section 26(2)(c) of the Act that the resident or the resident's legal personal representative is entitled to recover the refundable in-going contribution—
(a) on a day that is not more than 14 days after the earlier of—
(i) the day on which a payment is made by another person under a residence contract in respect of the premises of the non-owner resident that is equal to or more than the amount owed to the non-owner resident after the non-owner resident has delivered up vacant possession of the premises; or
(ii) the day on which another person takes up residence in the premises of the non-owner resident after the non-owner resident has delivered up vacant possession of the premises; or
(b) on or after the day a court or tribunal makes a finding that the owner has breached any of the clauses in Schedule 1 included in the contract with the non-owner resident.
(4) If the whole or any part of a refundable in-going contribution has been paid to the non-owner resident under regulation 7, subregulations (1) and (3) do not apply to the extent of that payment.