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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Housing Supply and
Affordability Council Bill 2023
No. , 2023
(Treasury)
A Bill for an Act to establish the National Housing
Supply and Affordability Council, and for related
purposes
No. , 2023
National Housing Supply and Affordability Council Bill 2023
i
Contents
Part 1
--
Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Simplified outline of this Act ............................................................ 2
4
Object ................................................................................................ 2
5
Definitions ......................................................................................... 2
Part 2
--
The National Housing Supply and Affordability
Council
4
6
Simplified outline of this Part ............................................................ 4
7
The National Housing Supply and Affordability Council ................. 4
8
Membership ....................................................................................... 5
9
Functions ........................................................................................... 5
10
Annual report ..................................................................................... 7
11
Minister may request reports and advice ........................................... 8
12
Reports may be published .................................................................. 8
13
Powers ............................................................................................... 9
14
Independence ..................................................................................... 9
Part 3
--
Decision-making
10
15
Simplified outline of this Part .......................................................... 10
16
Convening meetings ........................................................................ 10
17
Presiding at meetings ....................................................................... 10
18
Quorum............................................................................................ 11
19
Voting at meetings ........................................................................... 11
20
Conduct of meetings ........................................................................ 11
Part 4
--
Members, staff and consultants
12
Division 1
--
Simplified outline of this Part
12
21
Simplified outline of this Part .......................................................... 12
Division 2
--
Members
13
22
Appointment .................................................................................... 13
23
Period of appointment ..................................................................... 14
24
Acting appointments ........................................................................ 14
25
Remuneration .................................................................................. 15
26
Leave ............................................................................................... 15
27
Terms and conditions ...................................................................... 16
28
Disclosure of interests ..................................................................... 16
29
Resignation ...................................................................................... 16
ii
National Housing Supply and Affordability Council Bill 2023
No. , 2023
30
Termination of appointment ............................................................ 16
Division 3
--
Staff and consultants
18
31
Arrangements relating to staff of the Department ........................... 18
32
Consultants ...................................................................................... 18
Part 5
--
Review
19
33
Simplified outline of this Part .......................................................... 19
34
Review ............................................................................................. 19
No. , 2023
National Housing Supply and Affordability Council Bill 2023
1
A Bill for an Act to establish the National Housing
1
Supply and Affordability Council, and for related
2
purposes
3
The Parliament of Australia enacts:
4
Part
1--Preliminary
5
6
1 Short title
7
This Act is the
National Housing Supply and Affordability Council
8
Act 2023
.
9
Part 1
Preliminary
Section 2
2
National Housing Supply and Affordability Council Bill 2023
No. , 2023
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
1 July 2023.
1 July 2023
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Simplified outline of this Act
13
This Act establishes the National Housing Supply and
14
Affordability Council as an independent advisory body to the
15
Commonwealth Government on matters relating to housing supply
16
and affordability.
17
4 Object
18
The object of this Act is to establish an independent advisory body
19
to advise the Commonwealth Government on matters relating to
20
housing supply and affordability.
21
5 Definitions
22
In this Act:
23
Preliminary
Part 1
Section 5
No. , 2023
National Housing Supply and Affordability Council Bill 2023
3
appointed member
means a member other than the member that is
1
a Deputy Secretary.
2
Chair
means the Chair of the National Housing Supply and
3
Affordability Council.
4
Deputy Chair
means the Deputy Chair of the National Housing
5
Supply and Affordability Council.
6
Deputy Secretary
means a Deputy Secretary of the Department.
7
member
means a member of the National Housing Supply and
8
Affordability Council and includes:
9
(a) the Chair; and
10
(b) the Deputy Chair; and
11
(c) the Deputy Secretary who is primarily responsible for
12
housing policy matters.
13
Secretary
means the Secretary of the Department.
14
Part 2
The National Housing Supply and Affordability Council
Section 6
4
National Housing Supply and Affordability Council Bill 2023
No. , 2023
Part
2--The National Housing Supply and
1
Affordability Council
2
3
6 Simplified outline of this Part
4
The National Housing Supply and Affordability Council is
5
established as an independent advisory body.
6
The Council's functions include:
7
(a) reporting to the Minister on matters relating to housing
8
supply and affordability, on the Counc
il's own initiative
9
and on request by the Minister; and
10
(b) advising the Minister, as requested, on matters relating
11
to housing supply and affordability, including matters
12
being considered at intergovernmental forums involving
13
the Commonwealth; and
14
(c) advising the Minister in relation to the total amount of
15
grants of financial assistance to be made under the
16
Housing Australia Future Fund Act 2023
,
and the total
17
amount of payments to be made under
18
paragraph 47C(1)(b) of the
Housing Australia Act 2018
19
to Housing Australia, in a financial year.
20
The Council must annually report on its research into housing
21
supply and affordability.
22
7 The National Housing Supply and Affordability Council
23
(1) The National Housing Supply and Affordability Council is
24
established by this section.
25
(2) For the purposes of paragraph (a) of the definition of
Department
26
of State
in section 8 of the
Public Governance, Performance and
27
Accountability Act 2013
, the National Housing Supply and
28
Affordability Council is prescribed in relation to the Department.
29
The National Housing Supply and Affordability Council
Part 2
Section 8
No. , 2023
National Housing Supply and Affordability Council Bill 2023
5
Note:
This means that the members are officials of the Department for the
1
purposes of the
Public Governance, Performance and Accountability
2
Act 2013
.
3
8 Membership
4
The National Housing Supply and Affordability Council consists
5
of the following members:
6
(a) the Chair;
7
(b) the Deputy Chair;
8
(c) the Deputy Secretary who is primarily responsible for
9
housing policy matters;
10
(d) at least 4 and no more than 7 other appointed members.
11
9 Functions
12
(1) The National Housing Supply and Affordability Council has the
13
following functions:
14
(a) to report to the Minister on the following:
15
(i) any matters that the Council considers have the potential
16
to materially impact housing supply and affordability;
17
(ii) specific matters relating to housing supply and
18
affordability, as requested by the Minister;
19
(b) to advise the Minister, as requested, on the following:
20
(i) matters relating to housing supply and affordability
21
being considered at intergovernmental forums involving
22
the Commonwealth;
23
(ii) specific matters relating to housing supply and
24
affordability;
25
(c) to advise the Minister in relation to the total amount of grants
26
of financial assistance to be made under subsections 18(1)
27
and (3) of the
Housing Australia Future Fund Act 2023
in a
28
financial year;
29
(d) to advise the Minister in relation to the total amount of
30
payments to be made under paragraph 47C(1)(b) of the
31
Housing Australia Act 2018
to Housing Australia in a
32
financial year;
33
Part 2
The National Housing Supply and Affordability Council
Section 9
6
National Housing Supply and Affordability Council Bill 2023
No. , 2023
(e) to undertake research on matters relating to housing supply
1
and affordability for the purposes of giving reports referred
2
to in paragraph (a) or advice referred to in paragraphs (b) to
3
(d), including by:
4
(i) monitoring conditions in the housing system that impact
5
housing supply and affordability, including in relation to
6
home ownership, rental affordability, homelessness and
7
the number of new social and affordable houses being
8
built annually; and
9
(ii) working collaboratively with other Commonwealth
10
bodies, State, Territory and local governments and other
11
stakeholders in the housing system or homelessness
12
sector to support the collection and publication of
13
nationally consistent data on housing supply and
14
affordability and on demand for affordable housing;
15
(f) any other function conferred by this Act or any other law of
16
the Commonwealth;
17
(g) any other function that is incidental or conducive to the
18
performance of any of the above functions.
19
(2) Without limiting subsection (1), the Council may consider the
20
following matters when performing its functions:
21
(a) the performance of the housing system;
22
(b) the need to build a strong evidence base to support advice on
23
housing supply and affordability matters, including for the
24
purposes of assessing the value for taxpayers of
25
Commonwealth, State, Territory and local government
26
investment in the housing system;
27
(c) the impacts of the following on housing supply and
28
affordability and on the demand for affordable housing:
29
(i) credit conditions;
30
(ii) taxation;
31
(iii) macro-prudential regulation;
32
(iv) rental market regulation;
33
(v) other regulation of the housing system, such as in
34
relation to land use, planning, zoning and building
35
codes;
36
(vi) climate change;
37
The National Housing Supply and Affordability Council
Part 2
Section 10
No. , 2023
National Housing Supply and Affordability Council Bill 2023
7
(vii) demographic change;
1
(viii) socio-economic factors;
2
(ix) geographical location;
3
(d) the availability, quality and consistency of data on housing
4
supply and affordability and on demand for affordable
5
housing and how the data could be improved by:
6
(i) consulting widely with, and drawing on expertise from,
7
other Commonwealth bodies, State, Territory and local
8
governments and other stakeholders in the housing
9
system or homelessness sector; and
10
(ii) building on the research of those bodies, governments
11
and stakeholders and other bodies that undertake
12
research into housing supply and affordability;
13
(e) the important role intergovernmental forums play in
14
promoting cooperation between the Commonwealth and the
15
States and Territories to improve housing supply and
16
affordability, including cooperation to improve the
17
availability, quality and consistency of data on housing
18
supply and affordability and on demand for affordable
19
housing;
20
(f) the need to improve housing outcomes for groups of people
21
in need of housing (including groups experiencing or at
22
particular risk of homelessness);
23
(g) the need to improve gender equality in housing outcomes;
24
(h) the need to ensure climate resilience in housing supply.
25
10 Annual report
26
(1) Each financial year, the National Housing Supply and
27
Affordability Council must report to the Minister on the research
28
into housing supply and affordability undertaken by the Council in
29
that year.
30
(2) A report under subsection (1) for a financial year must include:
31
(a) an overview of the state of the housing system in the
32
financial year, including the demand for, supply of and
33
affordability of housing; and
34
Part 2
The National Housing Supply and Affordability Council
Section 11
8
National Housing Supply and Affordability Council Bill 2023
No. , 2023
(b) an outline of the research undertaken by the Council in the
1
financial year and any findings, conclusions or
2
recommendations resulting from that research.
3
(3) The report must be:
4
(a) given to the Minister no later than 10 months after the end of
5
the financial year; and
6
(b)
published on the Council's website.
7
11 Minister may request reports and advice
8
(1) The Minister may request the National Housing Supply and
9
Affordability Council:
10
(a) to undertake research and report on a specific matter relating
11
to housing supply and affordability; and
12
(b) to advise on a specific matter relating to housing supply and
13
affordability; and
14
(c) to advise on a matter relating to housing supply and
15
affordability being considered at an intergovernmental forum
16
involving the Commonwealth.
17
(2) The Minister may include in such a request terms of reference
18
(including time frames) for the report or advice.
19
(3) The Council must comply with such a request.
20
(4) If such a request is made in writing, the request is not a legislative
21
instrument.
22
(5) The Minister may withdraw or amend such a request at any time
23
before the Council gives the report or advice to the Minister.
24
12 Reports may be published
25
The National Housing Supply and Affordability Council may
26
publish a report given to the Minister in performing the function in
27
paragraph 9(1)(a).
28
The National Housing Supply and Affordability Council
Part 2
Section 13
No. , 2023
National Housing Supply and Affordability Council Bill 2023
9
13 Powers
1
The National Housing Supply and Affordability Council has power
2
to do all things necessary or convenient to be done for or in
3
connection with the performance of its functions.
4
14 Independence
5
Subject to this Act and any other Act, the National Housing Supply
6
and Affordability Council:
7
(a) has complete discretion in performing or exercising the
8
Council's functions or powers; and
9
(b) is not subject to direction from anyone when doing so.
10
Note:
The Council must comply with a request under subsection 11(1).
11
Part 3
Decision-making
Section 15
10
National Housing Supply and Affordability Council Bill 2023
No. , 2023
Part
3--Decision
-
making
1
2
15 Simplified outline of this Part
3
The National Housing Supply and Affordability Council must hold
4
meetings for the efficient performance of its functions.
5
Questions arising at meetings are to be determined by a majority of
6
the votes of the appointed members present and voting
7
16 Convening meetings
8
(1) The National Housing Supply and Affordability Council must hold
9
such meetings as are necessary for the efficient performance of its
10
functions.
11
Note:
For example, the Council must hold a meeting in order to determine
12
that a report be given to the Minister. Such a determination requires a
13
majority of the votes of the appointed members present and voting at
14
the meeting: see section 19.
15
(2) The Chair:
16
(a) may convene a meeting at any time; and
17
(b) must convene at least 6 meetings each financial year; and
18
(c) must convene a meeting within 30 days after receiving a
19
written request to do so from another appointed
member.
20
17 Presiding at meetings
21
(1) The Chair of the National Housing Supply and Affordability
22
Council must preside at all meetings at which the Chair is present.
23
(2) If the Chair is not present at a meeting but the Deputy Chair is
24
present, the Deputy Chair must preside at the meeting.
25
(3) If neither the Chair nor the Deputy Chair is present at a meeting,
26
the appointed members present must appoint one of themselves to
27
preside at the meeting.
28
Decision-making
Part 3
Section 18
No. , 2023
National Housing Supply and Affordability Council Bill 2023
11
18 Quorum
1
(1) At a meeting of the National Housing Supply and Affordability
2
Council, a quorum is constituted by two-thirds of the number of
3
appointed members.
4
(2) However, if:
5
(a) an appointed member is required by rules made for the
6
purposes of section 29 of the
Public Governance,
7
Performance and Accountability Act 2013
not to be present
8
during the deliberations, or to take part in any decision, of the
9
Council with respect to a particular matter; and
10
(b) when the appointed member leaves the meeting concerned
11
there is no longer a quorum present;
12
the remaining appointed members at the meeting constitute a
13
quorum for the purpose of any deliberation or decision at that
14
meeting with respect to that matter.
15
19 Voting at meetings
16
(1) A question arising at a meeting of the National Housing Supply
17
and Affordability Council is to be determined by a majority of the
18
votes of the appointed members present and voting.
19
(2) The person presiding at a meeting of the Council has a deliberative
20
vote and, if the votes are equal, a casting vote.
21
20 Conduct of meetings
22
The National Housing Supply and Affordability Council may,
23
subject to this Act, regulate proceedings at its meetings as it
24
considers appropriate.
25
Note:
Section 33B of the
Acts Interpretation Act 1901
contains further
26
information about the ways in which members may participate in
27
meetings.
28
Part 4
Members, staff and consultants
Division 1
Simplified outline of this Part
Section 21
12
National Housing Supply and Affordability Council Bill 2023
No. , 2023
Part
4--Members, staff and consultants
1
Division
1--Simplified outline of this Part
2
21 Simplified outline of this Part
3
The members of the National Housing Supply and Affordability
4
Council are appointed by the Minister, other than the member who
5
is a Deputy Secretary.
6
The Council is assisted by APS employees in the Department
7
whose services are made available by the Secretary. The Secretary
8
may engage consultants to assist the Council.
9
Members, staff and consultants
Part 4
Members
Division 2
Section 22
No. , 2023
National Housing Supply and Affordability Council Bill 2023
13
Division
2--Members
1
22 Appointment
2
(1) Appointed members are to be appointed by the Minister by written
3
instrument.
4
Note 1:
An appointed member may be reappointed, subject to
5
subsection 23(2): see section 33AA of the
Acts Interpretation Act
6
1901
.
7
Note 2:
The member that is a Deputy Secretary is not an appointed member:
8
see the definition of
appointed member
in section 5.
9
(2) A person is not eligible for appointment as an appointed member
10
unless the Minister is satisfied that the person has:
11
(a) substantial experience, expertise or qualifications; and
12
(b) significant standing;
13
in at least one of the following fields:
14
(c) economics;
15
(d) development;
16
(e) planning;
17
(f) residential construction;
18
(g) demography;
19
(h) social housing;
20
(i) social policy;
21
(j) housing and homelessness policy;
22
(ja) regional, rural and remote housing policy;
23
(k) the housing needs of Aboriginal persons and Torres Strait
24
Islanders;
25
(l) regulation, taxation or government policy relating to housing.
26
(3) In appointing members, the Minister must ensure that the
27
appointed members collectively have an appropriate balance of
28
qualifications, skills or experience in the fields mentioned in
29
subsection (2).
30
(4) The Minister must:
31
(a) appoint one appointed member to be the Chair; and
32
Part 4
Members, staff and consultants
Division 2
Members
Section 23
14
National Housing Supply and Affordability Council Bill 2023
No. , 2023
(b) appoint one appointed member to be the Deputy Chair.
1
(5) An appointed member holds office on a part-time basis.
2
23 Period of appointment
3
(1) An appointed member holds office for the period specified in the
4
instrument of appointment. The period must not exceed 4 years.
5
(2) A person must not hold office as an appointed member for a total
6
of more than 8 years.
7
24 Acting appointments
8
Acting Chair
9
(1) The Deputy Chair is to act as the Chair:
10
(a) during a vacancy in the office of Chair (whether or not an
11
appointment has previously been made to the office); or
12
(b) during any period, or during all periods, when the Chair:
13
(i) is absent from duty; or
14
(ii) is, for any reason, unable to perform the duties of the
15
office.
16
Note:
For rules that apply to persons acting as the Chair, see section 33A of
17
the
Acts Interpretation Act 1901
.
18
(2) The Minister may, by written instrument, appoint an appointed
19
member to act as the Chair:
20
(a) during a vacancy in the offices of both the Chair and Deputy
21
Chair (whether or not an appointment has previously been
22
made to the offices); or
23
(b) during any period, or during all periods, when both the Chair
24
and Deputy Chair:
25
(i) are absent from duty; or
26
(ii) are, for any reason, unable to perform the duties of the
27
office.
28
Note:
For rules that apply to acting appointments, see sections 33AB and
29
33A of the
Acts Interpretation Act 1901
.
30
Members, staff and consultants
Part 4
Members
Division 2
Section 25
No. , 2023
National Housing Supply and Affordability Council Bill 2023
15
Acting Deputy Chair
1
(3) The Minister may, by written instrument, appoint an appointed
2
member to act as the Deputy Chair:
3
(a) during a vacancy in the office of Deputy Chair (whether or
4
not an appointment has previously been made to the office);
5
or
6
(b) during any period, or during all periods, when the Deputy
7
Chair:
8
(i) is absent from duty; or
9
(ii) is, for any reason, unable to perform the duties of the
10
office.
11
Note:
For rules that apply to acting appointments, see sections 33AB and
12
33A of the
Acts Interpretation Act 1901
.
13
25 Remuneration
14
(1) An appointed member is to be paid the remuneration that is
15
determined by the Remuneration Tribunal. If no determination of
16
that remuneration by the Tribunal is in operation, the appointed
17
member is to be paid the remuneration that is prescribed under
18
subsection (4).
19
(2) An appointed member is to be paid the allowances that are
20
prescribed under subsection (4).
21
(3) This section has effect subject to the
Remuneration Tribunal Act
22
1973
.
23
(4) The Minister may, by legislative instrument, prescribe:
24
(a) remuneration for the purposes of subsection (1); and
25
(b) allowances for the purposes of subsection (2).
26
26 Leave
27
The Minister may grant leave of absence to any appointed member
28
on the terms and conditions that the Minister determines.
29
Part 4
Members, staff and consultants
Division 2
Members
Section 27
16
National Housing Supply and Affordability Council Bill 2023
No. , 2023
27 Terms and conditions
1
An appointed member holds office on the terms and conditions (if
2
any) in relation to matters not covered by this Act that are
3
determined by the Minister.
4
28 Disclosure of interests
5
(1) A disclosure by an appointed member under section 29 of the
6
Public Governance, Performance and Accountability Act 2013
7
(which deals with the duty to disclose interests) must be made to
8
the Minister.
9
(2) Subsection (1) applies in addition to any rules made for the
10
purposes of that section.
11
(3) For the purposes of this Act and the
Public Governance,
12
Performance and Accountability Act 2013
, the appointed
member
13
is taken not to have complied with section 29 of that Act if the
14
appointed member does not comply with subsection (1) of this
15
section.
16
29 Resignation
17
(1)
An appointed member may resign the appointed member's
18
appointment by giving the Minister a written resignation.
19
(2) The resignation takes effect on the day it is received by the
20
Minister or, if a later day is specified in the resignation, on that
21
later day.
22
30 Termination of appointment
23
(1) The Minister may terminate the appointment of an appointed
24
member:
25
(a) for misbehaviour; or
26
(b) if the appointed member is unable to perform the duties of
27
the appointed member's office because of physical or mental
28
incapacity.
29
Members, staff and consultants
Part 4
Members
Division 2
Section 30
No. , 2023
National Housing Supply and Affordability Council Bill 2023
17
(2) The Minister may terminate the appointment of an appointed
1
member if:
2
(a) the appointed member:
3
(i) becomes bankrupt; or
4
(ii) applies to take the benefit of any law for the relief of
5
bankrupt or insolvent debtors; or
6
(iii)
compounds with the appointed member's creditors; or
7
(iv)
makes an assignment of the appointed member's
8
r
emuneration for the benefit of the appointed member's
9
creditors; or
10
(b) the appointed member is absent, except on leave of absence,
11
from any 4 meetings of the National Housing Supply and
12
Affordability Council in any 12 month period; or
13
(c) the appointed member fails, without reasonable excuse, to
14
comply with section 28 of this Act or with section 29 of the
15
Public Governance, Performance and Accountability Act
16
2013
(which deals with the duty to disclose interests) or rules
17
made for the purposes of that section.
18
Part 4
Members, staff and consultants
Division 3
Staff and consultants
Section 31
18
National Housing Supply and Affordability Council Bill 2023
No. , 2023
Division
3--Staff and consultants
1
31 Arrangements relating to staff of the Department
2
(1) The staff assisting the National Housing Supply and Affordability
3
Council are to be APS employees in the Department whose
4
services are made available to the Council, by the Secretary, in
5
connection with the performance of any of the Council's functions
6
or the exercise of any of the Council's powers.
7
(2) When performing services for the Council, the staff are subject to
8
the directions of the Council.
9
32 Consultants
10
The Secretary may, on behalf of the Commonwealth, engage
11
consultants to assist in the performance of any of the National
12
Housing Supply and Affordability Council's functions or the
13
exercise of any of the Council's powers.
14
Review
Part 5
Section 33
No. , 2023
National Housing Supply and Affordability Council Bill 2023
19
Part
5--Review
1
2
33 Simplified outline of this Part
3
A review of the effectiveness of this Act must be undertaken as
4
soon as possible after 1 July 2026.
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34 Review
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(1) The Minister must cause a review of the effectiveness of this Act to
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be undertaken as soon as possible after 1 July 2026.
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(2) The persons undertaking the review must give the Minister a
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written report of the review as soon as possible after the review is
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completed.
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(3) The Minister must cause a copy of the report of the review to be
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tabled in each House of the Parliament within 15 sitting days of
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that House after the report is given to the Minister.
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