Thursday, 16 October 2025

 Nick STAIKOS (Bentleigh – Minister for Consumer Affairs, Minister for Local Government) (10:56): In accordance with the Charter of Human Rights and Responsibilities Act 2006, I table a statement of compatibility in relation to the Consumer Legislation Amendment Bill 2025:

Opening paragraphs

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, (the Charter), I make this Statement of Compatibility with respect to the Consumer Legislation Amendment Bill 2025 (the Bill).

In my opinion, the Bill, as introduced to the Legislative Assembly, is compatible with human rights protected by the Charter. I base my opinion on the reasons outlined in this statement.

Overview

The purpose of the Bill is to acquit the Victorian Government’s public commitment to:

•   implement fuel price caps as part of Phase 2 of the Fair Fuel Plan

•   establish the Portable Rental Bond Scheme (Scheme) announced as part of the Government’s Housing Statement released in September 2023

•   give effect to further rental reforms, including reforms announced on 30 October and 19 November 2024, to better protect Victorian renters and improve compliance with rental minimum standards

•   make minor amendments to Housing Statement reforms relating to CPD requirements for property professionals.

The Bill amends laws across the Consumer Affairs portfolio, including amendments to:

•   the Residential Tenancies Act 1997 (RT Act) to:

• introduce the Scheme to reduce the financial burden for people by mitigating against the ‘double bond’ issue which occurs when renters must pay a bond to secure a new rental property before the bond from their previous tenancy is returned

• introduce evidentiary requirements when claiming bond money on a rental property

• prohibit rental providers or their agents from charging the cost of background fees to renters

• extend gas and electrical safety requirements and checks to all rental properties

• introduce a requirement for gas pre-draughtproofing checks prior to draughtproofing work commencing

• strengthen evidentiary requirements in relation to compliance with prescribed minimum standards.

•   the Australian Consumer Law and Fair Trading Act 2012 (ACLFT Act) to introduce a 24- hour fuel price cap and fuel price watch mechanism, including mandatory reporting of fuel prices

•   the Estate Agents Act 1980, the Owners Corporations Act 2006, and the Conveyancers Act 2006 to refine continuing professional development (CPD) requirements for property professionals so that:

• the Business Licensing Authority can set mandatory CPD activities

• regulations can be made to prescribe matters concerning CPD providers, including approving or prohibiting CPD providers from providing approved CPD activities

•   make other minor and technical amendments.

Human Rights Issues

The human rights protected by the Charter that are relevant to the Bill are:

• Recognition and equality before the law (section 8)

• Freedom of movement (section 12)

• Privacy and reputation (section 13)

• Freedom of expression (section 15)

• Property rights (section 20)

• Right to a fair hearing (section 24)

• Rights in criminal proceedings (section 25)

Recognition and equality before the law (section 8)

Section 8 of the Charter provides that every person has the right to enjoy their human rights without discrimination, is equal before the law, is entitled to the equal protection of the law without discrimination and has the right to equal and effective protection against discrimination. This section also clarifies that measures taken for the purpose of assisting or advancing persons or groups of persons disadvantaged because of discrimination do not constitute discrimination.

Discrimination under the Charter means discrimination within the meaning of the Equal Opportunity Act 2010 on the basis of an attribute set out in section 6 of that Act (including, for example, age, sex and disability). Discrimination can either be direct or indirect. Direct discrimination occurs where a person treats, or proposes to treat, a person with an attribute unfavourably because of that attribute. Indirect discrimination occurs where a person imposes a requirement, condition or practice that has, or is likely to have, the effect of disadvantaging persons with a protected attribute, but only where that requirement, condition or practice is not reasonable.

Criteria and eligibility for financial hardship and payment plans

Clause 5 of the Bill engages and promotes the right to recognition and equality before the law by inserting section 423D into the RT Act to provide the power for the Secretary to issue guidelines in relation to hardship criteria and eligibility requirements for access to payment plans for the recovery of debt owed to the State where a transfer of bond from one residential rental agreement to another has occurred. Further, clause 5 of the Bill inserts section 423S into the RT Act to allow the Secretary, upon written application by a renter, to offer a payment plan to a renter who owes a payment of bond debt to the state and meets the eligibility criteria developed in the transfer of bond guidelines issued under the Bill. This clause has been developed to implement a clear process around the hardship criteria ensuring that people undergoing hardship are not discriminated further by repaying any bond moneys owed to the state through an agreed payment plan and to ensure any payment collected is not exacerbating a person’s hardship by requiring immediate repayment.

The introduction of a payment plan system ensures that people suffering financial hardship are not affected disproportionately, or disproportionately punished, by owing a debt to the state. The Bill does not impose specific eligibility criteria for payment plans; the Bill creates a head of power for the Secretary to issue guidelines. By developing guidelines for eligibility to enter into a payment plan, it can be ensured that debts owed to the state are managed effectively and that people experiencing financial hardship are protected from any actions that may arise as a result of being unable to immediately repay debts owed to the State.

Accordingly, I consider that these clauses under the Bill are compatible with the right to recognition and equality before the law under section 8 of the Charter.

Freedom of movement (section 12)

Section 12 of the Charter provides that every person within Victoria has the right to move freely within Victoria, to enter and leave it, and has the freedom to choose where to live. This right extends to accessing public spaces, such as the ability of individuals to move through, remain in, enter or depart from public spaces, including freedom from physical barriers and procedural impediments.

The right extends, generally, to freedom to move throughout the State without impediment or restrictions (both physical and procedural) and a right to access public places and services. This right is, however, not an absolute right under the Charter and may be subject to such reasonable limitations as are demonstrably justified in a free and democratic society, including the property rights of others.

Clause 5 of the Bill engages and promotes the right to freedom of movement by inserting section 423F into the RT Act to allow renters to apply to the Secretary to have a rental bond held by the Residential Tenancies Bond Authority (the Authority) against a terminating rental agreement to be held against a subsequent rental agreement. An application is required to be accompanied by a prescribed fee and any outstanding amount of bond the renter would owe following transfer of the bond on the terminating rental agreement to the subsequent rental agreement. Clause 5 of the Bill also inserts section 423G(1) into the RT Act to allow the Secretary to direct the Authority to transfer bond money where the Secretary is satisfied that the application meets the requirements both of inserted section 423F and the eligibility criteria in inserted section 423G(2) of the RT Act.

The Bill reduces the financial burden of renters having bond money held against multiple rental properties while a renter moves from one rental property to another. The Scheme ensures that a renter who is in the process of moving from one rental property to another does not face the financial restriction that the requirement to make bond payments for two properties at the same time creates in the process of moving from one rental property to another. The Bill further promotes the right to freedom of movement by providing the Secretary with the power to direct payment of bond claims made against the renter in respect of the first rental agreement where the bond has transferred to a subsequent rental agreement and establish a debt against the renter for any amounts owed.

Accordingly, I consider that this clause under the Bill is compatible with the right to freedom of movement under section 12 of the Charter.

Privacy and reputation (section 13)

Section 13 of the Charter provides that a person has the right not to have their privacy, family, or home unlawfully and arbitrarily interfered with. An interference will be lawful if it is permitted by a law which is precise and appropriately circumscribed, and will be arbitrary only if it is capricious, unpredictable, unjust or unreasonable, in the sense of being disproportionate to the legitimate aim sought.

Power for Secretary to request information when a renter makes a request to transfer bond

Clause 5 of the Bill may limit the right to privacy by inserting new section 423F in the RT Act, which provides the Secretary the power to require a renter to provide any further information as the Secretary thinks fit when a renter makes an application to transfer their bond. The purpose of this clause is to allow the Secretary to seek additional relevant information that is reasonably required for the Secretary to consider in determining an application to request a transfer of a renter’s bond. This information may include personal information.

To the extent that this clause may limit the right to privacy and reputation by providing the Secretary with information gathering powers that include collecting personal information, I am of the view that the clause is precise and appropriately prescribed, it is not arbitrary and is in accordance with law. The Bill only creates information gathering powers for the Secretary where they may need additional information, for example details of the second rental agreement as part of their consideration of their decision to transfer a renter’s bond. It is reasonable for the Secretary to request information that relates to the eligibility criteria under section 423G(2) from the renter that is used for the purposes of determining an application to transfer bond.

Power for Secretary to request information for claims for rental bond monies

Clause 9 of the Bill engages the right to privacy by inserting section 411(1A) into the RT Act to provide that where a residential tenant provider seeks to make a claim for rental bond, that person or their agent must provide bond claim evidence to a renter to support a claim at least 7 days before the claim is made. Clause 8 of the Bill inserts the definition of ‘bond claim evidence’ into section 3(1) of the RT Act to include an invoice; a receipt; a quote; a photograph; or any other prescribed evidence. The purpose of this clause of the Bill is to ensure that landlords seeking payment of bond money have sufficient up-front evidence in making any claim to a tenant’s bond money.

To the extent that clause 9 of the Bill engages the right to privacy by requiring the provision of information that may be of a personal or private nature, I consider that any interference with the right to privacy and reputation will be neither unlawful nor arbitrary. These amendments are reasonable as the information to be disclosed to a renter is restricted to an invoice, receipt, quote, photograph or evidence prescribed in regulations and the purpose of the documentary evidence is to substantiate and justify the bond claim amount. The use of this information is limited to supporting a bond claim or an application to the Tribunal under clause 10 of the Bill. The Bill engages powers, the scope of which are clearly defined and exercisable in circumstances set out in the Residential Tenancies Act 1997, and are required to substantiate the relevant claim, or to enable the Authority to discharge their statutory duties in relation to the bond lodgement. For these reasons, I am of the opinion that these provisions are compatible with the right in section 13 of the Charter.

Person’s second rental provider must provide bond lodgement form to Authority

Clause 5 of the Bill limits the right to privacy by inserting section 423K into the RT Act to require that once signed, a person’s second rental provider must provide a bond lodgement form to the Authority. The purpose of transferring the bond lodgement form is to ensure that the Authority can commence the transfer of bond money held by it in respect to a renter from being held in the previous place of residence to the renter’s updated place of residence.

To the extent that clause 5 of the Bill engages the right to privacy by requiring the transfer of information that may be of a personal or private nature, I consider that any interference with the right to privacy and reputation will be neither unlawful nor arbitrary. The amendment is reasonable to ensure that the smooth transfer of bond moneys is undertaken in an accurate and timely manner by the Authority and ensures that the transfer of a person’s bond money is undertaken without requiring any action on the part of the person that may restrict the implementation of the Scheme.

Fuel retailers to provide information to the Director

Clause 20 of the Bill engages the right to privacy by inserting new section 106B into the ACLFT Act to require that a fuel retailer provide particular information to the Director, including the name, position title, email address and telephone number of the primary contact person for each of the fuel retailer’s service stations. A fuel retailer for the purposes of Part 5.3 of the Act may be a natural person. Clause 20 of the Bill also introduces section 106D into the ACLFT Act to require that a fuel retailer notify the Director of any update in information required under section 106B of that Act.

To the extent that clause 20 of the Bill engages the right to privacy by requiring the disclosure of information that may be of a private nature, I consider that any engagement with the right to privacy and reputation will be neither unlawful nor arbitrary. The Bill engages powers the scope of which are clearly defined and exercisable in circumstances set out in the ACLFT Act. Additionally, the information required to be disclosed is required for operational and compliance and enforcement purposes, and therefore not arbitrary.

Disclosure of information is required as, in practice, once the Director receives the information from a fuel retailer, the Director will then ‘onboard’ the fuel retailer onto the system, so that the fuel retailers can report on fuel prices. Information such as contact details for retailers is needed to enable them to be contacted in the case of an alleged breach or for other purposes concerning the administration of the scheme.

Information sharing

Clause 20 of the Bill engages the right to privacy by inserting section 106M into the ACLFT Act to provide that the Director may collect, use, disclose or publish any information to the extent necessary for the Director to perform a function or exercise a power under Part 5.3 of the ACLFT Act, subject to anything to the contrary in that or any other Act. Clause 21 of the Bill engages the right to privacy by inserting section 109(la) into the ACLFT Act to provide the Director with a new function under the ACLFT Act to collect and publish information relating to the prices at which fuel is offered for sale to retail customers, in which the Director may perform in collecting information under section 106M of the ACLFT Act. Clause 20 and 21 have been developed to allow for information about fuel prices to be made available through the Service Victoria application.

To the extent that clauses 20 and 21 of the Bill engages the right to privacy, I consider that any interference with the right to privacy and reputation will be neither unlawful nor arbitrary, noting that the section 106M is subject to anything to the contrary in ACLFT Act or any other Act, including, but not limited to, the Privacy and Data Protection Act 2014, and is appropriately circumscribed to the functions to be carried out by the Director under Part 5.3. Further section 109(la) is limited to the collection and publishing of information relating to the prices at which fuel is offered for sale to retail customers. The purpose of sections 106M and 109(la) is to facilitate the sharing of real time, non-personal fuel price information with the public via a Service Victoria Application and Website and the sharing of datasets consisting of non-personal information, following a 24-hour delay, with non-government third parties, such as other fuel Application providers or research organisations.

Prescribed minimum standards for rental properties and rooming houses

Clause 14 of the Bill engages the right to privacy by inserting section 65C(1) into the RT Act to create specific requirements for rental providers to keep records and produce those records at the notice of the Director that demonstrate compliance with prescribed minimum rental standards under section 65A of the RT Act or, if relevant, why an exemption from compliance applies. Clause 14 of the Bill also inserts section 65C(2) into the RT Act, which provides the Director with the power to publish a notice of the types of records that would be sufficient to demonstrate compliance with section 65A of the RT Act or, if relevant, why compliance is unreasonable. Clause 14 of the Bill inserts section 65D(1) into the RT Act to create specific requirements for rental providers or the provider’s agent who offer premises to let to keep records and produce those records at the notice of the Director that demonstrate compliance with section 65B. Section 65B provides that a residential provider or their agent must not advertise or offer let a rental premise unless they reasonably believe the rental premises comply with rental minimum standards. Clause 14 of the Bill also inserts section 65D(2) into the RT Act, which provides the Director with the power to publish a notice of the types of records that would be sufficient to demonstrate compliance with section 65B of the RT Act This clause has been developed to address the difficulty in enforcing the prescribed minimal rental standards under section 65A of the RT Act, which currently does not require a rental provider to maintain records that their rental premises meets the prescribed standards of the RT Act.

Further, clause 17 of the Bill engages the right to privacy by inserting section 142BAAA into the RT Act to require a rooming house operator who provides a room in a rooming house to a rooming house residence or provides a residence of a rooming house a facility or service or provides a rooming house resident with access to a common area to keep records that are sufficient to demonstrate compliance with rooming house standards under section 142B of the RT Act and produce relevant records at the request of the Director. The clause inserts section 142BAAA(4) into the RT Act to allow the Director to publish notices of the types of records that are sufficient compliance with section 143B of the RT Act. This clause has been developed to address the difficulty in enforcing compliance with rooming house standards under section 142B of the RT Act, which currently does not require a rental provider to maintain records that their rental premises meets the prescribed standards.

To the extent that clauses 14 and 17 of the Bill engages the right to privacy by requiring the maintenance of records to demonstrate compliance with prescribed minimum rental standards, it is my view that the confidentiality and information sharing clauses in the Bill are appropriately circumscribed so as not to authorise any arbitrary interferences with privacy. Clause 14 of the Bill addresses enforcement issues with the prescribed minimum rental standards and increases the scope of Consumer Affairs Victoria to undertake enforcement activities where rental providers do not meet the standards. These amendments are reasonable as the obligation to keep compliance records is limited to the purposes of demonstrating compliance with rental minimum standards and compliance with minimum rooming house standards. I consider it is reasonable for the information to be retained to support enforcement of safety and compliance with minimum standards.

Accordingly, I consider that these clauses under the Bill are compatible with the right to privacy and reputation under section 13 of the Charter.

Freedom of expression (section 15)

Section 15(2) of the Charter provides that every person has the right to freedom of expression. This includes the freedom to seek, receive and impart information and ideas of all kinds; whether orally, in writing, in print or by way of art or other medium chosen by that person. The right to freedom of expression is generally considered to include the right to not impart information. Section 15(3) of the Charter provides that special duties and responsibilities are attached to the right to freedom of expression and that the right may be subject to lawful restrictions reasonably necessary to respect the rights of other persons and for the protection of national security, public order, public health or public morality.

Fuel retailers to provide information to the Director

Clause 20 of the Bill inserts new sections 106B, 106F, 106J and 106K into the ACLFT Act, which compels fuel retailers to provide certain information, namely registration information required to onboard a fuel retailer into the scheme, information regarding the maximum fuel price for the following day, information about the actual fuel price at point of sale, and information regarding fuel types that have become temporarily unavailable. Although fuel retailers are most likely bodies corporate or other bodies carrying on a business, it is possible for them to be natural persons. Section 106M provides the Director with the power to, among other things, collect any information to the extent necessary for the Director to perform a function or exercise a power under Part 5.3 of the ACLFT Act. Similarly, section 109(la), in clause 21 of the Bill, provides the Director with a new function that allows the Director to collect information relating to the prices at which fuel is offered for sale to retail customers. However, to the extent that the Bill may be considered to engage individuals’ rights to freedom of expression, I consider that any limitation of this right is balanced by the requirement to protect the rights of the public, specifically those in the market for fuel.

These amendments are required to ensure that consumers can make fully informed decisions to purchase fuel, with transparency of costs. Therefore, to the extent that freedom of expression is engaged by provisions in the Bill that require fuel retailers to provide information to the director, these provisions fall within the exception in section 15(3) of the Charter, as reasonably necessary to respect the rights of another person.

Property rights (section 20)

Section 20 of the Charter provides that a person must not be deprived of their property other than in accordance with law. This right requires that powers which authorise the deprivation of property are conferred by legislation or common law, are confined and structured rather than unclear, are accessible to the public, and are formulated precisely.

Fees in relation to bonds

Clause 5 may limit the right to property by inserting new section 423E into the RT Act to permit the Authority to recover from a renter any bank fees incurred by the Authority in relation to the transfer of the renter’s bond or the repayment of an amount of bond under new sections 423P or 423Q (which concern disputed bond claims). The right to property may be limited as renters participating in the Scheme will be charged debt and credit card transaction fees by the Authority in order to transfer of their bond or repayment of a bond amount. However, to the extent that the right to property is limited, I am of the view that the clause is precise and appropriately prescribed, is not arbitrary and is in accordance with the law. The bank fees recouped from the renter is to recover the costs of administering the transaction to support the renter in transferring or repaying their bond. It is reasonable to recoup bank fees from a renter incurred by the Authority in carrying out the directions from the Secretary in relation to the administration of the Scheme.

Clause 5 also inserts new section 423F, which may limit the right to property by requiring a renter to pay a prescribed fee to apply to transfer the bond under the new scheme inserted by Division 1 of Part 2 of the Bill. Prescribing a fee to access the transfer of bond monies that the renter is entitled to limits the renter’s access to their bond money if they seek access to the scheme. However, if a renter seeks to avoid this fee, they can still seek to claim their rental bonds under section 411 of the RT Act, and not avail themselves for the scheme. To the extent that the right to property is limited, I am of the opinion that the clause is precise and appropriately prescribed, is not arbitrary and is in accordance with the law. The prescribed fee requested from renters is at cost recovery of administering the transfer of a bond which benefits renters. The prescribed fee is returned to the renter where the Secretary refuses the renter’s request to transfer their bond or the second rental agreement is invalid or terminated.

Limitations on fuel retailers concerning the sale of fuel

Clause 20 may limit the right to property by inserting new Part 5.3 – Fuel retailers into the ACLFTA, which regulates fuel retailers in how they sell and advertise the price of fuel. The right to property may be limited by prohibiting fuel retailers who do not become ‘confirmed fuel retailers’ from selling fuel, and limiting ‘confirmed fuel retailers’ from selling fuel for more than their reported maximum price. This may limit fuel retailers’ control over their property by limiting their ability to set the terms for sale of the good. To the extent that clause 20 may deprive fuel retailers who are not ‘confirmed fuel retailers’ of full use of their property, I consider that the deprivation is in accordance with law as the framework to ensure compliance is accessible to the public and precisely set out. Additionally, the limitations on rights are balanced as fuel retailers are able to set their own maximum price, the restriction on their ability to increase price is lifted every 24-hours (that is, they have discretion to increase prices once every 24-hours), and they retain full control of price decreases. The requirements are non-arbitrary and lawful as they are necessary to implement the Fair Fuel scheme, which will benefit consumers through enhanced price transparency and certainty, and I consider this a reasonable limitation that can be justified in a democratic society.

Extending gas and electrical safety checks to all rental properties

Clause 15 of the Bill may limit the right to property by inserting sections 68A(1A) and 68A(1B) into the RT Act to extend current requirements in the RT Act for residential rental providers to undertake gas and electrical safety checks to apply to all rental properties, ensuring that gas and electrical safety checks are undertaken without exception. The Bill requires residential rental providers to undertake gas and electricity safety checks on the rented premises every 2 years and arrange a safety check to be undertaken as soon as practicable if a check has not been undertaken in the previous 2 years. These amendments may impose a limitation on property rights as a renter will be required to allow a licensed electrician or licensed gasfitter onto their rental property from time to time to undertake safety checks.

To the extent that Clause 15 of the Bill may limit property rights by requiring a renter to allow access to their place of residence for licensed electricians or licensed gasfitters, I am of the view that the clause is precise and appropriately prescribed, is not arbitrary and is in accordance with the law. The Bill imposes obligations on the residential rental provider to ensure gas and electrical safety checks are undertaken on rental properties at particular points in time by a licensed electrician or licensed gasfitter, as a critical safety measure to ensure the safety of renters in their place of residence. The Bill, therefore, is drafted to ensure that the requirement to organise gas and electrical safety checks is not an open- ended requirement on residential rental providers that may create uncertainty for renters about when checks are required to be undertaken at their place of residence. I consider any limitation to be reasonable and justifiable to ensure that rental properties are safe and comply with minimum standards.

For these reasons I am of the opinion that these provisions are compatible with the right in section 20 of the Charter, and to the extent that they may constitute a deprivation of property, any such deprivation will be in accordance with law and therefore compatible with the right to property.

Fair hearing (section 24)

Section 24(1) of the Charter provides that a person charged with a criminal offence or, who is a party to a civil proceeding has the right to have the proceeding decided by a competent, independent and impartial court or tribunal after a fair and public hearing.

The term ‘civil proceeding’ in section 24(1) has been interpreted as encompassing proceedings that are determinative of private rights and interests in a broad sense, including some administrative proceedings. It is well recognised that judicial determination of a person’s civil rights and liabilities is a crucial element of the fair hearing right. This right will be engaged where a person is prevented from having their civil rights or liabilities in a proceeding considered by a court. However, this right does not prevent the State from amending the substantive law to alter the content of those civil rights.

The Bill engages the right to a fair hearing by operating effectively to allow judicial review of decisions made by the Secretary in administering the transfer of bond scheme in Division 1 of Part 2 of the Bill to be made to the Supreme Court and it is not intended for a person to have the right to review a decision of the Secretary through the Victorian Civil and Administrative Tribunal (VCAT). This is intended to ensure that any potential or perceived conflicts of interest with VCAT hearing matters on review of decisions of the secretary while having decision making powers under the RT Act are avoided and that the general public can be confident that judicial reviews will be undertaken by the judiciary fairly and impartially.

Clause 19 of the Bill may limit the right to a fair hearing by substituting sections of the RT Act in relation to application times for a person to seek an order under the Act. Clause 19 of the Bill substitutes section 46(2) of the RT Act to require a renter to, upon receiving a report from the Director, apply to VCAT for an order declaring the rent or proposed rent excessive within 30 days of receiving the report. Clause 19 of the Bill also substitutes section 103(2) of the RT Act to require a renter to, upon receiving a report from the Director under section 102 of the Act, apply to VCAT for an order declaring the proposed rent excessive within 30 days of receiving the report. Further, Clause 19 of the Bill also substitutes section 154(2) of the RT Act to require a renter to, upon receiving a report from the Director under section 153 of the Act, apply to VCAT for an order declaring the proposed rent or hiking charge excessive within 30 days of receiving the report.

To the extent that the Bill may limit the right to a fair hearing by restricting application period for renters seeking a relevant order, the limitation is reasonable and justifiable. The timeframe is consistent with 30-day timeframe to make application to the Director of Consumer Affairs Victoria. The Bill makes technical drafting amendments to current requirements under the RT Act, ensuring that the Bill does not create new application requirements for renters.

Accordingly, I consider that this clause under the Bill is compatible with the right to a fair hearing under section 24 of the Charter.

Rights in criminal proceedings (section 25)

Section 25(1) of the Charter provides that a person charged with a criminal offence has the right to be presumed innocent until proven guilty according to law. The High Court has described this right as incorporating the fundamental requirement that ‘the prosecution in a criminal case has the burden of proving guilt’, that is, that a conviction can follow only where every element of an offence has been proved by the prosecution beyond reasonable doubt.

Fuel retailers to provide ‘reasonable excuse’ for failing to report on matters concerning fuel prices

Clause 20 of the Bill engages rights in criminal proceedings by inserting section 106F into the ACLFT Act creating an offence stating that a confirmed fuel retailer must not, without reasonable excuse, fail to provide a maximum fuel price to the Director. Further, clause 20 of the Bill inserts section 106K into the ACLFT Act creating an offence stating that a confirmed fuel retailer must not, without reasonable excuse, fail to notify the Director of a decrease of the normal selling price of fuel or the temporary unavailability of any fuel the retailer offers for sale.

The introduction of offences in clause 20 of the Bill that provides for the defence of reasonable excuse creates an evidentiary burden only on an accused to raise the argument of, and provide evidence for, a reasonable excuse for non-compliance as a defence to the aforementioned offences in clause 20 of the Bill, which the prosecution will then be required to rebut. Additionally, the offences are narrowly tailored to specific conduct, with clear examples of what may constitute reasonable excuse set out in a way that is structured, accessible to the public, and formulated precisely. It is my view that the amendments are reasonable and proportionate. Accordingly, I consider that this clause under the Bill is compatible with rights in criminal proceedings under section 25 of the Charter.

I consider that the Bill is compatible with the Charter because it does not limit any rights under the Charter.

The Hon Nick Staikos MP

Minister for Consumer Affairs

 Nick STAIKOS (Bentleigh – Minister for Consumer Affairs, Minister for Local Government) (10:56): I move:

That this bill be now read a second time.

I ask that my second-reading speech be incorporated into Hansard.

Incorporated speech as follows:

This government believes in a fair go for all Victorians. At the heart of that commitment is tackling the rising cost of living and ensuring the markets that serve Victorians are fair, transparent and work for them. This bill delivers on this commitment by introducing significant and practical reforms on two of the biggest fronts in the battle against cost of living pressures: the price for fuel and the cost of housing.

Amendments to the Australian Consumer Law and Fair Trading Act 2012

The Victorian Government is committed to addressing cost of living pressures and helping consumers stretch their money further, especially on essential commodities like fuel. That is why, earlier this year, the Victorian Government announced the Fair Fuel Plan.

Phase 1 helps consumers’ money go further through up-to-date price transparency for fuel. The Victorian Government implemented Phase 1 of the Fair Fuel Plan and launched the Servo Saver feature through Service Victoria in October 2025. All fuel retailers in Victoria are required to report their fuel prices, so that Victorians can access comprehensive, accurate and timely fuel price information. Through this feature, the Victorian Government is backing Victorian motorists to give them more power at the bowser by giving them the confidence they are getting the best deal when they fill up. The introduction of this reform aligns Victoria with other states and territories who have had similar schemes in place for many years.

The Bill I am introducing today builds on this reform and takes Victoria one step further.

Phase 2 of Fair fuel Plan will increase certainty by introducing 24-hour price caps

The Australian Consumer Law and Fair Trading Act 2012 establishes a framework of fundamental rights and protections for consumers to ensure they are treated fairly in the marketplace. The Consumer Legislation Amendment Bill 2025 will help achieve this by amending that Act to require fuel retailers to report their maximum fuel price in advance, protecting consumers against unexpected price increases. Currently, Victorian motorists only find out that the price of petrol is going up when they pull into a service station and see that it’s 10, 20 or 30 cents more a litre than it was when they drove past earlier that day.

This Bill addresses this issue in 2 ways.

First, retailers are required to report, a day in advance, what their maximum fuel price will be. Retailers will have to report the maximum before 2pm, and that price will be published to the public at 4 pm. This means that Victorians will not just see the price of petrol now, but the maximum fuel price for the following day as well. It means that they can decide whether it will be cheaper to fill up when they go to do the groceries that night or if they stop to fill up on their way into work the next morning. The Bill will make sure that the maximum price gets locked in for 24 hours and it will be an offence to sell fuel above that price.

Second, retailers will only be permitted to lower their fuel prices throughout the day. This means that once a day’s maximum fuel price comes into force at 6 am, the price of fuel cannot go up for 24 hours. While the price cannot go up, there will be no limitations on a retailer’s ability to lower their prices throughout the day ‍– we do not want to lock in higher prices.

This means that Victorian motorists cannot be stung by surprise fuel price rises.

This Bill builds on the first phase of the Fair Fuel Plan that requires retailers to report price changes throughout the day. To ensure retailers are appropriately incentivised to report the information consumers need to make informed purchasing choices. It will be an offence to fail to report price changes within 30 minutes. It will also be an offence for fuel retailers to fail to report if a type of fuel they sell has become temporarily unavailable. This will help prevent situations where consumers drive to a particular fuel station based on a reported price, only to find when they get there that the fuel has sold out.

Overall, the changes implemented in this Bill will help Victorians save money by allowing them to find the cheapest fuel in their area and giving them advance notice of any price increases. It helps level the playing field between Victorians and the fuel industry by equipping motorists with the information they need to make choices that could save them hundreds of dollars a year.

Amendments to the Residential Tenancies Act 1997

This Bill introduces a landmark reform for Victorian renters by delivering a Portable Rental Bond Scheme (Scheme). This reform is a key cost of living initiative in the government’s 2023 Housing Statement, which will create a fairer, more accessible, and more modern rental market.

The introduction of the Scheme will ease one of the most significant financial hurdles renters often face when moving between rental properties due to the need to pay a new bond before their old one has been returned. For too long, the ‘double bond dilemma’ has placed unnecessary and stressful financial burdens on renters.

This Bill provides a clear, sensible, and practical solution to this issue through the establishment of the Scheme, which will be open to all eligible Victorian renters.

The Scheme will ease financial burdens for Victorian renters moving between rental properties

The Bill amends the Residential Tenancies Act 1997 (RT Act) to establish a voluntary Scheme. The key objective of the Bill is to establish the Scheme that will allow eligible renters to transfer an existing bond lodged with the Residential Tenancies Bond Authority (Authority) to another rental property, removing the cash flow crunch that so many Victorians experience. The establishment of the Scheme by the Bill will deliver immediate and significant benefits to the more than 1.5 million renters in Victoria who will be able to secure a new rental home with confidence and less financial stress.

The Bill provides for the Scheme to be administered by the Secretary, Department of Government Services (Secretary), with the Victorian Government acting as a guarantor for transferred bonds and claims made against a bond. The Secretary will oversee eligibility requirements, direct the Authority to transfer bonds, and manage the Scheme’s financial aspects.

A renter can apply to transfer their bond once they have secured a new rental agreement and paid the first months’ rent. To participate in the Scheme, renters will need to meet eligibility criteria, pay a small prescribed administrative fee, and pay any shortfall if the new bond is higher than their existing one.

For the second rental provider, the process remains familiar. They will be notified of the bond transfer and will lodge a bond lodgement form with the Authority, just as they do now.

Managing claims and protecting rental providers through a streamlined process

A critical feature of this Scheme is that rental providers are not disadvantaged. When a bond is transferred, the first rental provider’s right to claim against that bond is protected, with the Victoria Government acting as guarantor.

If the first rental provider makes a claim – whether it is agreed to by the renter or determined by VCAT – the Secretary will direct the Authority to pay the valid claim amount. This process ensures that rental providers are paid promptly, and their financial interests are secure.

Debt recovery and hardship support highlights a compassionate approach

If the Authority pays a bond claim on behalf of a renter, the renter will owe that amount as debt to the State. The Bill provides the Secretary with the necessary powers to manage and recover these debts, which will be owed to the State.

The Secretary will notify the renter in witting of the amount owed, which must be repaid within a period of 8 weeks, where no other arrangement has been entered into.

To provide renters with the time and flexibility they need to pay any debts owed, the Bill also provides multiple repayment pathways, including entering into a payment plan, referral of unpaid debt to a debt collection agency, or offsetting the amount from the renter’s bond at the end of their next tenancy.

Crucially, the Bill is designed with a strong safety net, with existing bond-related protections for renters who are victim-survivors of family violence continuing to operate under the Scheme. The Bill also provides the Secretary with powers to develop guidelines for hardship and offer payment plans, or in appropriate circumstances, write off a debt. The government understands that people’s circumstances can change, and this framework ensures a compassionate and fair approach to bond debt recovery.

Finally, to ensure the scheme operates as intended, the Bill includes a requirement for the Minister for Consumer Affairs to review its operation within 3 years of its commencement and table a report in the Parliament. This guarantees transparency and accountability for the Scheme and ensures that it is operating as intended.

Additional rental reforms will further strengthen protections for Victorian renters

The RT Act already makes allowances for fair wear and tear in rental properties, but we know there is an emerging practice of some rental providers or their agents misrepresenting or exaggerating bond claims to keep more money in their pockets. The Bill introduces reforms that will require rental providers or their agents to provide supporting evidence to a renter before they can make any claims on the bond. Supporting evidence includes invoices, receipts, quotes or any other prescribed evidence and must be provided to a renter 3 days before a bond claim is made.

To further discourage exaggerated bond claims the Bill introduces an offence with penalties for a rental provider or their agent to make an application to VCAT without supporting documentary evidence, or where the supporting documentary evidence conflicts with a statement in a condition report.

These amendments seek to reset power imbalances between renters and rental providers and will enable renters to better challenge unfair bond claims.

The Bill also addresses an emerging and unfair practice that places yet another financial hurdle in front of Victorian renters. There is anecdotal evidence and media reporting that indicates some agents are upselling background checks to rental applicants who may feel compelled to pay up to $30 for checks to make their rental application appear more competitive. To address this issue, the Bill amends the RT Act to prohibit rental providers or their agents from charging prospective renters a background check fee as part of the rental application process.

In addition, the Victorian Government continues to build on our 2021 rental reforms, which introduced rental minimum standards to improve the safety, amenity and energy efficiency of rental properties.

To further protect renters, the Bill will deliver on the commitment made by the government to require gas and electrical safety checks every 2 years by qualified tradespersons for all rental properties. This is a significant reform that will ensure that critical safety checks apply to all rental agreements regardless of when an agreement was entered into or whether gas and electrical safety check activities are explicitly set out in an agreement.

The Bill also introduces reforms to mitigate risks to renter living in rental properties with gas appliances that may arise from undertaking activities under the new draughtproofing rental minimum standard. To protect the safety and wellbeing of renters, all rental providers will need to conduct a gas check within 6 months before they undertake draughtproofing work, to ensure there is adequate ventilation for gas appliances to operate safely.

The Bill will also strengthen renter protections by providing the Director of Consumer Affairs Victoria (Director), as the regulator for the Victorian rental and rooming house sectors, with the necessary tools to ensure rental providers and rooming house operators comply with prescribed minimum standards.

The Bill does this by providing powers to the Director to publish notices of the types of records that are sufficient for rental providers and rooming house operators to demonstrate compliance with rental minimum standards. In doing so, the Bill ensures investigators from Consumer Affairs Victoria can rely on documentary evidence to quickly and easily identify compliance with minimum standards, and if necessary, take enforcement action for non- compliance.

Amendments to a range of consumer property Acts will ensure effective operation of continuing professional development (CPD) reforms for property professionals

The Victorian Government recognises that poor conduct by property industry professionals can cause financial, health and social harms to Victorian renters and consumers. Renters are particularly vulnerable to the impacts of poor conduct. In the Housing Statement, the government committed to introducing mandatory CPD and licensing for property industry professionals to raise competency and professional standards in the property industry to improve outcomes for Victorian renters and consumers.

The Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025 (Housing Statement Reform Act) delivers this Housing Statement initiative, which will come into effect in phases following commencement of the Act on 25 November 2025.

The Bill includes amendments to provide the Business Licensing Authority (BLA) with flexibility and powers to regularly update mandatory CPD to ensure that property professionals take ongoing training in topics that reflect current concerns and issues in their industry.

The Bill will also enable better controls over the quality of CPD training providers by enabling regulations to be made authorising the BLA to approve or prohibit CPD providers that do not meet required performance standards from delivering CPD activities.

These reforms are designed to improve the standard of education and CPD training provided to property professionals. Together, these reforms will give renters and property purchasers’ peace of mind that property professionals are well-educated and have the necessary competency and professionalism to provide them with services they expect and deserve.

I commend the Bill to the house.

 Tim McCURDY (Ovens Valley) (10:57): I move:

That the debate be now adjourned.

Motion agreed to and debate adjourned.

Ordered that debate be adjourned for two weeks. Debate adjourned until Tuesday 28 October.