Australian Capital Territory Numbered Acts

HOUSING ASSISTANCE ACT 2007 (NO. 8 OF 2007) - SECT 102

    (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)     However, a declaration made under subsection (1) must not—

        (a)     for a right continued under section 101 (3)—reduce the right; or

        (b)     for a liability continued under section 101 (3)—increase the liability.

    (4)     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.

    (5)     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.

    (6)     This section is subject to section 103 and section 109 (Transitional regulations).

    (7)     A declaration under subsection (1) is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act.

    (8)     This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.