Australian Capital Territory Bills
[Index]
[Search]
[Download]
[Related Items]
[Help]
This is a Bill, not an Act. For current law, see the Acts databases.
HOUSING ASSISTANCE BILL 2006
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Housing)
Housing
Assistance Bill 2006
Contents
Page
Part 1.1 Duties Act
1999 31
Part 1.2 Freedom of
Information Act 1989 31
Part 1.3 Land
(Planning and Environment) Act 1991 32
Part 1.4 Land
(Planning and Environment) Regulation 1992 32
Part 1.5 Land Tax
Act 2004 33
Part 1.6 Legislation
Act 2001 33
Part 1.7 Magistrates
Court Act 1930 34
Part 1.8 Residential
Tenancies Act 1997 35
Part 1.9 Supreme
Court Act 1933 37
Part
1.10 Uncollected Goods Act
1996 38
Part 1.11 Victims of
Crime (Financial Assistance) Act 1983 38
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Housing)
Housing Assistance
Bill 2006
A Bill for
An Act to provide for housing assistance, and for other
purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Housing Assistance Act 2006.
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere in this Act.
For example, the signpost definition ‘housing
assistance—see section 7.’ means that the term
‘housing assistance’ is defined in that section.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
A note included in this Act is explanatory and is not part of this
Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the
legal status of notes.
5 Offences
against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this
Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code,
pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
Part
2 Objects and important
concepts
(1) The main objects of this Act are—
(a) to maximise the opportunities for everyone in the ACT to have access
to housing that is affordable, secure and appropriate to their needs;
and
(b) to facilitate the provision of housing assistance for those most in
need; and
(c) to maximise value for money in the provision of housing assistance;
and
(d) to promote a choice of forms of housing assistance, and providers of
housing assistance, for entities eligible for housing assistance; and
Note Entity includes a
person—see the Legislation Act, dict, pt 1.
(e) to facilitate the provision of rental housing that—
(i) has adequate amenity, is of an adequate size and is appropriately
located for employment opportunities and necessary services and facilities;
and
(ii) is coordinated with any support services (provided under other laws)
required by consumers of housing assistance to live in the community;
and
(f) to facilitate the provision of an adequate supply of affordable home
finance for people on low and moderate incomes; and
(g) to promote the development of flexible and innovative financial
arrangements to facilitate access to home ownership for people on low and
moderate incomes; and
(h) to promote the growth of a community housing sector as a viable
alternative to public and private rental housing and home ownership; and
(i) to promote the establishment of appropriate mechanisms and forums to
allow input into housing policy by consumers, and potential consumers, of
housing assistance and by representative non-government agencies involved in
housing policy and provision.
(2) A person administering this Act must have regard to the objects of the
Act to the maximum extent practicable considering the resources available to the
person.
7 What
is housing assistance?
In this Act:
housing assistance means services, programs, assets, rebates
and amounts, provided under an approved housing assistance program to help
entities who are eligible for assistance under the program to meet their
emergency, short-term, medium-term and long-term housing needs.
Note Approved housing assistance program—see
s 19.
8 When
is someone eligible for housing assistance?
For this Act, an entity is eligible for housing assistance if
the entity meets the eligibility criteria under an approved housing assistance
program.
Note Entity includes a person—see the Legislation Act,
dict, pt 1.
Part
3 Housing
Commissioner
9 Housing
commissioner—establishment
(1) There is a Commissioner for Social Housing (the housing
commissioner).
(2) The housing commissioner is a corporation and must have a
seal.
Note For provisions about proof of seals, see the Evidence Act
1995 (Cwlth), s 150 and s 151.
(3) The chief executive is the housing commissioner.
10 Housing
commissioner—powers generally
(1) The housing commissioner has all the powers of a person, unless
expressly excluded by this Act.
Examples of powers
1 to enter into a contract
2 to own and dispose of property
3 to sue and be sued
4 to act as a trustee
Note 1 Person includes an individual and a corporation (see
Legislation Act, dict, pt 1).
Note 2 See s 12 to s 15 for limits on the housing
commissioner’s powers.
Note 3 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(2) Without limiting subsection (1), the housing commissioner may enter
into arrangements with entities to provide housing assistance.
Note Entity includes a person—see the Legislation Act,
dict, pt 1.
11 Housing
commissioner—functions
(1) The housing commissioner has the following functions:
(a) administering, on behalf of the Territory, programs and funding
arrangements for delivering housing assistance in the ACT by way
of—
(i) public rental housing; and
(ii) home ownership; and
(iii) financial assistance to home owners and tenants; and
(iv) community housing;
(b) administering, on behalf of the Territory, any services relating to
housing assistance that the Minister approves under subsection (2).
Note A provision of a law that gives an entity (including a person)
a function also gives the entity powers necessary and convenient to exercise the
function (see Legislation Act, s 196 and dict, pt 1, def
entity).
(2) The Minister may approve stated services relating to housing
assistance.
(3) An approval is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
12 Housing
commissioner—no power for contracts of employment
The housing commissioner does not have the power to employ staff on a
contract of employment.
13 Limits
on housing commissioner—joint ventures
(1) The housing commissioner must not—
(a) enter into negotiations for a joint venture without the
Minister’s prior written approval; or
(b) enter into an agreement for a joint venture without the
Executive’s prior written approval.
(2) An approval under subsection (1)—
(a) may apply generally or may relate to a particular proposed joint
venture; and
(b) may be given subject to the conditions or restrictions stated in the
approval.
14 Notice
of joint ventures
(1) This section applies if the housing commissioner enters into an
agreement for a joint venture.
(2) The housing commissioner must, not later than 14 days after the day
the commissioner enters into the agreement, give the Minister a written
statement (the commissioner’s statement) setting out the
details of, and the reasons for entering into, the agreement.
(3) The Minister must present a copy of the commissioner’s statement
to the Legislative Assembly not later than 6 sitting days after the day the
Minister is given the statement.
(4) However, the copy of the commissioner’s statement presented to
the Legislative Assembly need not include any material that is commercially
sensitive.
(5) If commercially sensitive information is not included in the presented
copy of the commissioner’s statement, the Minister must, when presenting
the statement to the Legislative Assembly, also present a further statement
setting out the general nature of the commercially sensitive information and the
reason for it not being included in the presented statement.
15 Limit
on housing commissioner—large contracts
The housing commissioner must not, without the Minister’s prior
written approval, enter into a contract which involves the payment or receipt of
a total amount larger than $5 million.
16 Housing
commissioner—Ministerial directions
(1) The Minister may give a direction to the housing commissioner about
the exercise of the commissioner’s functions.
(2) The housing commissioner must exercise the commissioner’s
functions in accordance with any direction given by the Minister.
(3) A direction is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
17 Housing
commissioner—delegation
The housing commissioner may delegate the commissioner’s functions
under this Act or another territory law to a public servant.
Note For the making of delegations and the exercise of delegated
functions, see the Legislation Act, pt 19.4.
Part
4 Housing assistance
programs
18 What
is a housing assistance program?
In this Act:
housing assistance program means a program for providing
housing assistance that includes the following:
(a) the kind of assistance that may be provided under the
program;
(b) the eligibility criteria for assistance under the program;
(c) how decisions of the housing commissioner under the program may be
reviewed.
Note 1 Housing assistance—see s 7.
Note 2 Power given under an Act to make a statutory instrument
(including a program) includes power to amend or repeal the instrument (see
Legislation Act, s 46 (1)).
19 Approved
housing assistance programs
(1) The Minister may approve a housing assistance program.
(2) An approved housing assistance program is a disallowable
instrument.
Note 1 Power given under an Act to make a statutory
instrument (including a program) includes power to amend or repeal the
instrument (see Legislation Act, s 46 (1)).
Note 2 A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
20 Approved
housing assistance programs—determinations
(1) An approved housing assistance program may provide for the housing
commissioner to make determinations for the program.
(2) A determination under subsection (1), and each amendment (if any) of a
determination, is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
21 Approved
housing assistance programs—operational guidelines
(1) The housing commissioner may issue guidelines (housing operation
guidelines) outlining procedures for the management or operation of
approved housing assistance programs.
(2) Housing operation guidelines—
(a) may deal with matters also dealt with elsewhere under this Act;
but
(b) must not be inconsistent with this Act (including approved housing
assistance programs).
Note A reference to an Act includes a
reference to the statutory instruments made or in force under the Act, including
any approved housing assistance program or regulation (see Legislation Act, s
104).
(3) A housing operation guideline, and each amendment (if any) of a
guideline, is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
22 Approved
housing assistance programs—market rent
(1) If housing is being rented to an entity under an approved housing
assistance program, the entity must be charged market rent for the
housing.
(2) However, an approved housing assistance program may provide for a
rebate of rent in accordance with the program.
(3) In this section:
market rent, for housing, means the rent that would be
charged by the lessor for the housing if the housing were rented by a willing
lessor to a willing tenant—
(a) dealing with each other at arm’s length; and
(b) each of whom had acted knowledgeably, sensibly and without
compulsion.
23 Approved
housing assistance programs—rent review
The housing commissioner must review the rent charged for housing rented
under an approved housing assistance program at least once each year.
24 Housing
assistance applicants—requirement for further
information
(1) This section applies if an entity applies for housing
assistance.
(2) The housing commissioner may require the entity to give the
commissioner further stated information that the commissioner reasonably needs
to decide the application.
Note Information includes a document—see the
dictionary.
(3) The housing commissioner may, by written notice to the entity, refuse
the application if—
(a) the requirement is made in writing; and
(b) the requirement states a reasonable time (of at least 7 days after the
day the requirement is given to the entity) for providing the information;
and
(c) the entity does not provide the information in accordance with the
requirement.
25 Housing
assistance recipients—requirement for information
(1) This section applies if an entity is receiving housing
assistance.
(2) The housing commissioner may, at any time, require the entity to give
the commissioner stated information that the commissioner reasonably
needs—
(a) to review the housing assistance being provided to the entity;
or
(b) to provide housing assistance to the entity; or
(c) for the good management of an approved housing assistance program or
of assets held by the commissioner; or
(d) to otherwise exercise the commissioner’s functions under this
Act.
Note Information includes a document—see the
dictionary.
(3) The housing commissioner may, by written notice to the entity, suspend
or cancel all or part of the entity’s housing assistance
if—
(a) the requirement is made in writing; and
(b) the requirement states a reasonable time (of at least 7 days after the
day the requirement is given to the entity) for providing the information;
and
(c) the entity does not provide the information in accordance with the
requirement.
(4) A notice under subsection (3) must state—
(a) that the housing assistance is suspended or cancelled; and
(b) when the suspension or cancellation begins; and
(c) if housing assistance is suspended—when the suspension
ends.
Note The notice must also comply with the code of practice in force
under the Administrative Appeals Tribunal Act 1989, s 25B (1) (see
this Act, s 27).
26 Requirements
for information—AAT review
An entity mentioned in table 26, column 3 may apply to the administrative
appeals tribunal for review of a decision by the housing commissioner mentioned
in column 2 for the entity.
Table 26 Reviewable decisions
column 1
item
|
column 2
decision
|
column 3
affected entity
|
1
|
section 24—refusal of an application for housing assistance
|
the applicant for the assistance
|
2
|
section 25—suspension or cancellation of all or part of the housing
assistance being provided to an entity
|
the entity
|
27 Requirements
for information—notice of reviewable decisions
(1) The housing commissioner must give written notice of a decision
mentioned in table 26, column 2 to the entity mentioned in column 3 for the
decision.
(2) The notice must be in accordance with the requirements of the code of
practice in force under the Administrative Appeals Tribunal
Act 1989, section 25B (1).
Part
5 Protection of
information
28 Meaning
of protected information—pt 5
(1) For this part, information is protected information if
it—
(a) identifies an entity that has applied for housing assistance as having
applied for housing assistance; or
(b) identifies an entity that is or has been a housing assistance
recipient as a housing assistance recipient or former housing assistance
recipient; or
(c) identifies land that is a housing assistance property as a housing
assistance property; or
(d) is protected personal information about an entity
that—
(i) has applied for housing assistance; or
(ii) is or has been a housing assistance recipient; or
(e) is information prescribed by regulation for this definition;
or
(f) would allow something to which paragraph (a), (b), (c), (d)
or (e) applies to be worked out.
Note Entity includes a person—see the Legislation Act,
dict, pt 1.
(2) In this section:
housing assistance property means—
(a) land owned, controlled or held by the housing commissioner;
or
(b) land used by an entity contracted by the commissioner to provide
housing assistance.
Example of land controlled or held by the
housing commissioner—par (a)
land leased by the commissioner from a private landlord to provide public
rental housing
Example of entity contracted by the housing
commissioner—par (b)
a community organisation that is contracted by the commissioner to operate
a refuge
Note An example is part of the Act, is
not exhaustive and may extend, but does not limit, the meaning of the provision
in which it appears (see Legislation Act, s 126 and s
132).
housing assistance recipient means an entity receiving
housing assistance.
Examples of housing assistance
recipients
1 a tenant of a housing assistance property
2 a person accommodated at a refuge or other residential facility that is
operated by a community organisation receiving housing assistance to provide the
accommodation
protected personal information, about an entity that is or
has been a housing assistance recipient, means—
(a) the entity’s name, telephone number or address; or
(b) any other information prescribed by regulation for this
definition.
29 FOI
Act exemption—documents containing protected
information
(1) For the purposes of the Freedom of Information Act 1989 (the
FOI Act), a document is an exempt document
if—
(a) the document is in the possession of the housing commissioner;
and
(b) its disclosure under the FOI Act would involve the disclosure of
protected information.
(2) However, subsection (1) does not apply in relation to a request under
either of the following sections of the FOI Act if the request is made by a
person to whom the document relates:
(a) section 14 (Requests for access);
(b) section 48 (Persons may make application for amendment of
records).
(3) To remove any doubt, subsection (1) is additional to, and does not
limit, the operation of the FOI Act, part 4 (Exempt documents).
Part
6 Commonwealth-Territory funding
agreements
30 What
is a Commonwealth-Territory funding agreement?
In this Act:
Commonwealth-Territory funding agreement means an agreement
between the Commonwealth and the Territory for the Commonwealth to give
financial assistance to the Territory for housing assistance or to promote the
objects of this Act.
31 Notification
of Commonwealth-Territory funding agreements
(1) This section applies if the Territory enters into or amends a
Commonwealth-Territory funding agreement.
(2) The agreement or amendment is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
32 Placing
unleased land under housing commissioner’s control
(1) The Executive may direct the planning and land authority to place
unleased territory land under the control of the housing commissioner.
(2) However, if land that is placed under the housing commissioner’s
control under subsection (1) is subject to an existing tenancy, the land is
placed under the commissioner’s control subject to the tenancy.
(3) To remove any doubt, the housing commissioner may exercise the
commissioner’s powers under section 33 in relation to a tenancy to which
subsection (2) applies, including, for example, by ending the tenancy.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(4) A direction under subsection (1) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(5) In this section:
existing tenancy, for land placed under the housing
commissioner’s control, means a tenancy that was in force immediately
before the land was placed under the commissioner’s control.
unleased territory land means territory land that is not
leased under the Land (Planning and Environment) Act 1991 or the Unit
Titles Act 2001.
33 Unleased
land placed under housing commissioner’s
control—powers
(1) This section applies to land placed under the control of the housing
commissioner under section 32.
(2) The housing commissioner may do 1 or more of the following in relation
to the land:
(a) manage the land;
(b) authorise people to enter the land;
(c) use the land in any way the commissioner considers appropriate for the
commissioner’s functions;
(d) arrange for the grant to someone else of a lease of, or licence to
occupy, the land;
(e) obtain a lease for the land in the name of the housing commissioner
and transfer the lease;
(f) if the land is held by an entity under a lease—
(i) do anything in relation to the land that the Territory could do in
relation to the land immediately before the land was placed under the
commissioner’s control; or
(ii) exercise any power under the Recovery of Lands Act 1929
that the Territory may exercise for the land under that Act on behalf of the
Commonwealth.
Note 1 The Recovery of Lands Act
1929 provides for the Territory to end a lease and take action against
people. However, it does not apply to leases under the Residential Tenancies
Act 1997.
Note 2 See also the Land (Planning
and Environment) Act 1991, s 189 for the recovery of land held under a
licence.
(3) However, a lease or licence must not be granted by anyone for the land
except with the housing commissioner’s prior written agreement.
34 Unneeded
land may be returned
(1) This section applies if the housing commissioner is satisfied that
unleased land that has been placed under the commissioner’s control under
section 32 is no longer needed for this Act.
(2) The housing commissioner may, by instrument, surrender control of the
land to the planning and land authority.
(3) An instrument under subsection (2) is a notifiable
instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
35 Information
to Minister
(1) If the Minister asks the housing commissioner at any time to give the
Minister information (including protected information) about any matter relating
to the commissioner’s functions, the commissioner must comply with the
request.
(2) In this section:
protected information—see section 28.
36 Financial
arrangements
(1) All amounts paid to or by the housing commissioner for this Act
(including amounts paid under a Commonwealth-Territory funding agreement) must
be paid into or out of a departmental banking account or territory banking
account within the meaning of the Financial Management Act
1996.
(2) To remove any doubt, amounts owed to, or paid to or by, the housing
commissioner are amounts owed to, or paid to or by, the Territory.
37 Protection
of officials from liability
(1) In this section:
official means—
(a) the housing commissioner; or
(b) anyone else exercising a function under this Act.
(2) An official is not personally liable for anything done or omitted to
be done honestly and without
recklessness—
(a) in the exercise of a function under this Act; or
(b) in the reasonable belief that the conduct was in the exercise of a
function under this Act.
(3) Any liability that would, apart from this section, attach to an
official attaches instead to the Territory.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any approved housing
assistance program or regulation (see Legislation Act, s 104).
(1) The Minister may determine fees for this Act.
Note The Legislation Act contains provisions about the making of
determinations and regulations relating to fees (see pt 6.3).
(2) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(1) The housing commissioner may approve forms for this Act.
(2) If the housing commissioner approves a form for a particular purpose,
the approved form must be used for that purpose.
Note For other provisions about forms, see the Legislation Act, s
255.
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
40 Regulation-making
power
The Executive may make regulations for this Act.
Note A regulation must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
41 Legislation
amended—sch 1
This Act amends the legislation mentioned in schedule 1.
(1) The Housing Assistance Act 1987 is repealed.
(2) All legislative instruments under the Housing Assistance Act
1987 are repealed.
Part
10 Transitional—Housing
Assistance Act 1987
In this part:
old Act means the Housing Assistance Act
1987.
old housing assistance program means a housing assistance
program under the old Act.
101 Transitional—rights
and liabilities under old Act
(1) This section applies if, immediately before the commencement of this
section, an entity had a right or liability under the old Act.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any old housing assistance
programs (see Legislation Act, s 104).
(2) The repeal of the old Act does not affect the right or
liability.
Examples of rights
1 a right to occupy land under a tenancy agreement or licence
2 a rebate on rent payable under a tenancy agreement
Example of liability
a requirement under an old housing assistance program to pay rent
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(3) The right or liability continues until it is amended or ended under
this Act or another territory law.
Note 1 Amend—see the Legislation Act, dict, pt
1.
Note 2 A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any approved housing
assistance program or regulation (see Legislation Act, s 104).
(4) This section is subject to section 102 and section 109 (Transitional
regulations).
(5) This section is a law to which the Legislation Act, section 88
(Repeal does not end effect of transitional laws etc) applies.
102 Transitional—corresponding
housing assistance programs and things
(1) The housing commissioner may declare that—
(a) an approved housing assistance program corresponds to an old housing
assistance program; and
(b) a thing under an old housing assistance program corresponds to a thing
under an approved housing assistance program.
Example
A housing assistance program under the old Act (the old
program) provides for various things, including—
(a) applications for assistance, transfer of housing, rental rebates and to
have a person’s name returned to the register of eligible applicants;
and
(b) the keeping of a register of eligible applicants; and
(c) the allocation of a needs category to eligible applicants;
and
(d) the review of certain decisions.
The housing commissioner might declare that an approved housing assistance
program for public rental housing (the new program) corresponds to
the old program and that—
(a) a particular kind of application under the old program corresponds to a
particular kind of application under the new program; and
(b) the register under the old program corresponds to a register or list
under the new program; and
(c) a needs category under the old program corresponds to a priority
category (however described) under the new program; and
(d) an application to the commissioner for review of a reviewable decision
under the old program is an application for a stated kind of review under the
new program.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(2) A declaration may be made under subsection (1) whether or not the
programs or things correspond, or substantially correspond, with each
other.
(3) If the housing commissioner declares under subsection (1) that a
thing (the old thing) under an old housing assistance program
corresponds to a thing (the new thing) under an approved housing
assistance program—
(a) the old thing is taken to be the new thing under the approved housing
assistance program; and
(b) the new thing is not invalid only because something required in
relation to it under the approved housing assistance program has not been
done.
(4) For this section, the housing commissioner may give any direction the
commissioner considers necessary or desirable to facilitate the application of a
declaration under subsection (1) in relation to an entity.
(5) This section is subject to section 103 and section 109 (Transitional
regulations).
(6) A declaration under subsection (1) is a notifiable
instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(7) This section is a law to which the Legislation Act, section 88
(Repeal does not end effect of transitional laws etc) applies.
103 Transitional—uncompleted
applications for AAT review
(1) This section applies if—
(a) before the commencement of this section (the
commencement), an application for review to the administrative
appeals tribunal had been made in relation to a decision under an old housing
assistance program; and
(b) immediately before the commencement, the proceeding on the application
had not ended; and
(c) the thing to which the decision relates is declared under
section 102 to be a thing (the new thing) under an approved
housing assistance program.
(2) If this section applies—
(a) the proceeding may be continued as if the application had been made in
relation to the new thing; and
(b) the decision-maker is taken to be the housing commissioner.
(3) For this section, the administrative appeals tribunal may give any
direction the tribunal considers necessary or desirable to facilitate a matter
in relation to the application for review.
(4) This section is a law to which the Legislation Act, section 88 (Repeal
does not end effect of transitional laws etc) applies.
104 Transitional—sensitive
information under old Act
(1) For section 28 (Meaning of protected information—pt 5), a
reference to an entity having applied for housing assistance
includes an entity that applied for assistance under an old housing assistance
program.
(2) For section 28, the definition of housing assistance
recipient includes an entity that received assistance under an old
housing assistance program.
(3) This section is a law to which the Legislation Act, section 88
(Repeal does not end effect of transitional laws etc) applies.
105 Transitional—notification
of existing Commonwealth-Territory funding agreements
(1) This section applies to a Commonwealth-Territory funding agreement,
and any amendment of the agreement, that is in force immediately before the
commencement of this section.
(2) The agreement and amendment may be notified on the ACT legislation
register under section 31 (Notification of Commonwealth-Territory funding
agreements).
(3) In this section:
ACT legislation register—see the Legislation Act,
section 18.
106 Transitional—land
placed under control of housing commissioner under old Act
(1) For this Act, a reference to land placed under the control of the
housing commissioner under section 32 (Placing unleased land under housing
commissioner’s control) includes land placed under the commissioner for
housing’s control under the old Act, section 16 or
section 17.
(2) This section is a law to which the Legislation Act, section 88
(Repeal does not end effect of transitional laws etc) applies.
107 Transitional—standard
residential tenancy terms, cl 36
(1) This section applies to a residential tenancy agreement within the
meaning of the Residential Tenancies Act 1997 if the agreement includes a
clause in accordance with that Act, schedule 1 (Standard residential tenancy
terms), clause 36 (the relevant clause) as in force immediately
before the commencement of this section.
(2) A reference in the relevant clause in the residential tenancy
agreement to the commissioner for housing is taken to be a reference to the
housing commissioner.
(3) A reference in the relevant clause in the residential tenancy
agreement to the Housing Assistance Act 1987, section 15 (3) is taken to
be a reference to this Act, section 23.
(4) This section is a law to which the Legislation Act, section 88
(Repeal does not end effect of transitional laws etc) applies.
108 Transitional—outdated
references to old Act
(1) In any Act, instrument made under an Act or document, a reference to
the old Act is, in relation to anything to which this Act applies, a reference
to this Act.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any approved housing
assistance program or regulation (see Legislation Act, s 104).
(2) In any Act, instrument made under an Act or document, a reference to a
provision of the old Act is, in relation to anything to which this Act applies,
a reference to the corresponding provision of this Act.
(3) In any Act, instrument made under an Act or document, a reference to
anything that is no longer applicable because of the repeal of the old Act by
this Act and for which there is a corresponding thing under this Act, is taken
to be a reference to the thing under this Act, if the context allows and if
otherwise appropriate.
(4) This section is subject to a declaration under section 102 (1)
(Transitional—corresponding housing assistance programs and
things).
(5) This section is a law to which the Legislation Act, section 88
(Repeal does not end effect of transitional laws etc) applies.
109 Transitional
regulations
(1) A regulation may prescribe transitional matters necessary or
convenient to be prescribed because of the enactment of this Act.
(2) A regulation may modify this part (including its operation in relation
to another territory law) to make provision in relation to anything that, in the
Executive’s opinion, is not, or is not adequately or appropriately, dealt
with in this part.
(3) A regulation under subsection (2) has effect despite anything else in
this Act or another territory law.
(4) This section is a law to which the Legislation Act, section 88
(Repeal does not end effect of transitional laws etc) applies.
This part expires 1 year after the day this section commences.
Schedule
1 Consequential
amendments
(see s 41)
substitute
(a) the housing commissioner; or
Part
1.2 Freedom of Information Act
1989
before section 6A, insert
6AA Exemption of lists of housing assistance
properties
(1) This Act does not apply to a document that is, or a part of a document
that contains, a list of housing assistance properties identified as housing
assistance properties.
Note For the exemption of documents in the possession of the housing
commissioner containing protected information within the meaning of the
Housing Assistance Act 2006, pt 5, see that Act, s 29.
(2) In this section:
housing assistance property—see the Housing
Assistance Act 2006, section 28 (2) (Meaning of protected
information—pt 5).
[1.3] Sections
6AA and 6A
renumber as sections 6A and 6B
[1.4] Part
4 heading, new note
insert
Note For the exemption of documents in the possession of the housing
commissioner containing protected information within the meaning of the
Housing Assistance Act 2006, pt 5, see that Act, s 29.
Part
1.3 Land (Planning and Environment)
Act 1991
[1.5] Section
159A (1), definition of concessional lease, paragraph (c)
(ii)
substitute
(ii) a lease over land that, immediately before the grant of the lease,
was owned, controlled or held by the housing commissioner under the Housing
Assistance Act 2006; or
Part
1.4 Land (Planning and Environment)
Regulation 1992
substitute
19 Housing commissioner remission—Act, s 184C
(1)
substitute
(a) the lease is held by the housing commissioner; and
substitute
(b) the lease is not a lease held by the housing commissioner to which
section 19 (Housing commissioner remission—Act, s 184C (1))
applies.
substitute
30 Housing commissioner remission—Act, s 187C
(1)
substitute
(a) each lease to be surrendered is held by the housing commissioner;
and
Part
1.5 Land Tax Act
2004
[1.11] Section
10 (1) (c)
substitute
(c) a parcel of land owned by the housing commissioner under the
Housing Assistance Act 2006;
Part
1.6 Legislation Act
2001
[1.12] Dictionary,
part 1, definition of commissioner for housing
omit
[1.13] Dictionary,
part 1, new definition of housing commissioner
insert
housing commissioner means the Commissioner for Social
Housing under the Housing Assistance Act 2006.
Part
1.7 Magistrates Court Act
1930
substitute
147B Access to particulars of
address
(1) For this division, the registrar may, in writing, ask a relevant
person to give the registrar any details held by the person about an address of
a stated person who is liable to pay a fine.
(2) The relevant person must comply with the request as far as
practicable.
(3) In this section:
relevant person means—
(a) the chief police officer; or
(b) the housing commissioner; or
(c) the chief executive (however described) of a government
agency.
substitute
154 Access to personal
information
(1) To ensure the payment of an outstanding fine, the registrar may, in
writing, ask a relevant person to give the registrar stated particulars of
personal information held by the person about the fine defaulter.
(2) The relevant person must comply with the request as far as
practicable.
(3) In this section:
personal information, about a fine defaulter, means details
about the defaulter’s financial circumstances or criminal
record.
relevant person means—
(a) the chief police officer; or
(b) the housing commissioner; or
(c) the chief executive (however described) of a government
agency.
Part
1.8 Residential Tenancies Act
1997
substitute
(6) If the application is in relation to premises leased under an approved
housing assistance program under the Housing Assistance Act 2006,
the tribunal must not make an order under subsection (5) that is inconsistent
with the eligibility criteria under the program.
omit
housing assistance programs under the Housing Assistance Act
1987
substitute
approved housing assistance programs under the Housing Assistance Act
2006
[1.18] Schedule
1, clause 36
substitute
36 (1) This clause applies if—
(a) the housing commissioner is the lessor under this tenancy agreement;
and
(b) the commissioner has decided to increase the rent after a review of
rent under the Housing Assistance Act 2006, section 23.
(2) Despite clause 35, the housing commissioner may increase the
rent.
(3) However, if a previous review of rent has been undertaken, the
increase under subclause (2) must not take effect earlier than 1 year
after the date the last rent increase for the premises took effect.
[1.19] Further
amendments, references to commissioner for housing
omit
commissioner for housing
substitute
housing commissioner
in
• section 10 (5)
• section 15 (5) and (6)
• section 107C (2), definition of entity
• section 127A (2)
Part
1.9 Supreme Court Act
1933
[1.20] Section
49A (3), definition of relevant person
substitute
relevant person means—
(a) the chief police officer; or
(b) the housing commissioner; or
(c) the chief executive (however described) of a government
agency.
Part
1.10 Uncollected Goods Act
1996
[1.21] Sections
13 (c) and 27A
omit
commissioner for housing
substitute
housing commissioner
Part
1.11 Victims of Crime (Financial
Assistance) Act 1983
[1.22] Section
63 (a) to (c)
substitute
(a) the chief police officer;
(b) the housing commissioner;
(c) the chief executive (however described) of a government
agency.
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1 defines the
following terms:
• chief executive (see s 163)
• commissioner for revenue
• entity
• exercise
• function
• human rights commission
• Minister (see s 162)
• planning and land authority
• territory land
• year.
approved housing assistance program means a housing
assistance program approved under section 19.
Commonwealth-Territory funding agreement—see
section 30.
community housing means rental housing for—
(a) people on low and moderate incomes or with special needs; or
(b) nonprofit community organisations.
eligible, for housing assistance—see section
8.
housing—
(a) means residential housing and other forms of residential
accommodation; and
(b) includes the fences, outbuildings and other improvements and the
connections for utilities and other services provided or reasonably required for
the accommodation.
housing assistance—see section 7.
housing assistance program—see
section 18.
housing commissioner means the Commissioner for Social
Housing established under section 9.
information includes a document.
protected information, for part 5 (Protection of
information)—see section 28.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2006.
2 Notification
Notified under the Legislation Act on 2006.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2006© Australian Capital Territory 2006
[Index]
[Search]
[Download]
[Related Items]
[Help]