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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Treasury Laws Amendment (National
Housing and Homelessness Agreement)
Bill 2017
No. , 2017
(Treasury)
A Bill for an Act to amend the Federal Financial
Relations Act 2009, and for other purposes
No. , 2017
Treasury Laws Amendment (National Housing and Homelessness
Agreement) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Amendments
3
Federal Financial Relations Act 2009
3
Part 2--Transitional
9
No. , 2017
Treasury Laws Amendment (National Housing and Homelessness
Agreement) Bill 2017
1
A Bill for an Act to amend the Federal Financial
1
Relations Act 2009, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Treasury Laws Amendment (National Housing and
5
Homelessness Agreement) Act 2017.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Treasury Laws Amendment (National Housing and Homelessness
Agreement) Bill 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
1 July 2018.
1 July 2018
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
Amendments Part 1
No. , 2017
Treasury Laws Amendment (National Housing and Homelessness
Agreement) Bill 2017
3
Schedule 1--Amendments
1
Part 1--Amendments
2
Federal Financial Relations Act 2009
3
1 After paragraph 3(ba)
4
Insert:
5
(bb) payments relating to:
6
(i) housing; and
7
(ii) homelessness; and
8
(iii) housing affordability matters;
9
to be spent by the States in accordance with:
10
(iv) a primary housing agreement and a supplementary
11
housing agreement; or
12
(v) a designated housing agreement; and
13
2 Section 4
14
Insert:
15
designated housing agreement means an agreement that:
16
(a) is entered into between the Commonwealth and one or more
17
States; and
18
(b) relates to any or all of the following:
19
(i) housing;
20
(ii) homelessness;
21
(iii) housing affordability matters; and
22
(c) is expressed to be a designated housing agreement for the
23
purposes of this Act; and
24
(d) is entered into before or after the commencement of Part 3B.
25
housing affordability matter means a matter that is likely to affect
26
the affordability of housing.
27
primary housing agreement means an agreement that:
28
(a) is entered into between the Commonwealth and one or more
29
States; and
30
Schedule 1 Amendments
Part 1 Amendments
4
Treasury Laws Amendment (National Housing and Homelessness
Agreement) Bill 2017
No. , 2017
(b) relates to any or all of the following:
1
(i) housing;
2
(ii) homelessness;
3
(iii) housing affordability matters; and
4
(c) is expressed to be a primary housing agreement for the
5
purposes of this Act; and
6
(d) is entered into before or after the commencement of Part 3B.
7
supplementary housing agreement means an agreement that:
8
(a) is entered into between the Commonwealth and a single
9
State; and
10
(b) relates to any or all of the following:
11
(i) housing;
12
(ii) homelessness;
13
(iii) housing affordability matters; and
14
(c) relates to:
15
(i) a single financial year; or
16
(ii) each of 2 consecutive financial years; or
17
(iii) each of 3 consecutive financial years; or
18
(iv) each of 4 consecutive financial years; or
19
(v) each of 5 consecutive financial years; and
20
(d) is expressed to be a supplementary housing agreement for the
21
purposes of this Act; and
22
(e) is entered into before or after the commencement of Part 3B.
23
3 Section 14
24
Repeal the section.
25
4 After Part 3A
26
Insert:
27
Amendments Schedule 1
Amendments Part 1
No. , 2017
Treasury Laws Amendment (National Housing and Homelessness
Agreement) Bill 2017
5
Part 3B--Payments relating to housing,
1
homelessness and housing affordability
2
matters
3
4
15B Simplified outline of this Part
5
•
Payments relating to housing, homelessness and housing
6
affordability matters may be made to a State if the State is a
7
party to:
8
(a)
a primary housing agreement; and
9
(b)
a supplementary housing agreement.
10
•
Payments relating to housing, homelessness and housing
11
affordability matters may be made to a State if the State is a
12
party to a designated housing agreement.
13
15C Payments relating to housing, homelessness and housing
14
affordability matters--primary housing agreement and
15
supplementary housing agreement
16
Scope
17
(1) This section applies to a State for a financial year if the State is a
18
party to:
19
(a) a primary housing agreement; and
20
(b) a supplementary housing agreement for the financial year.
21
Determination
22
(2) The Minister may determine that an amount specified in the
23
determination is to be paid to the State for the purpose of making a
24
grant of financial assistance for the financial year for the purpose
25
of expenditure in accordance with:
26
(a) the primary housing agreement; and
27
(b) the supplementary housing agreement.
28
Schedule 1 Amendments
Part 1 Amendments
6
Treasury Laws Amendment (National Housing and Homelessness
Agreement) Bill 2017
No. , 2017
(3) A determination under subsection (2) is a legislative instrument,
1
but section 42 (disallowance) of the Legislation Act 2003 does not
2
apply to the determination.
3
Terms and conditions
4
(4) Financial assistance is payable to the State under this section for
5
the financial year on condition that the financial assistance is spent
6
in accordance with:
7
(a) the primary housing agreement; and
8
(b) the supplementary housing agreement.
9
(5) Financial assistance is payable to the State under this section for
10
the financial year on condition that, at all times during the financial
11
year, the State will:
12
(a) have a housing strategy for the State that:
13
(i) indicates the level of housing supply needed to respond
14
to projected housing demand, and outlines the reforms
15
and initiatives that will be implemented to meet this
16
need; and
17
(ii) includes such other matters (if any) as are specified in
18
the primary housing agreement or the supplementary
19
housing agreement; and
20
(b) make the housing strategy available on a publicly accessible
21
website.
22
(6) Financial assistance is payable to the State under this section for
23
the financial year on condition that, at all times during the financial
24
year, the State will:
25
(a) have a homelessness strategy for the State that:
26
(i) addresses the priority homelessness cohorts identified in
27
the primary housing agreement; and
28
(ii) includes reforms or initiatives that contribute to a
29
reduction in the incidence of homelessness; and
30
(iii) includes such other matters (if any) as are specified in
31
the primary housing agreement or the supplementary
32
housing agreement; and
33
(b) make the homelessness strategy available on a publicly
34
accessible website.
35
Amendments Schedule 1
Amendments Part 1
No. , 2017
Treasury Laws Amendment (National Housing and Homelessness
Agreement) Bill 2017
7
(7) Financial assistance is payable to the State under this section for
1
the financial year on condition that, for each $1 paid to the State
2
under this section for the financial year in relation to homelessness,
3
the State will spend during the financial year, out of its own
4
resources, $1 in relation to homelessness.
5
(8) Financial assistance is payable to the State under this section for
6
the financial year on condition that the State will:
7
(a) give the Minister such information (if any) relating to any or
8
all of the following:
9
(i) housing;
10
(ii) homelessness;
11
(iii) housing affordability matters;
12
as is specified in the primary housing agreement or the
13
supplementary housing agreement; and
14
(b) do so in the manner, and within the period, ascertained in
15
accordance with the primary housing agreement or the
16
supplementary housing agreement, as the case requires.
17
15D Payments relating to housing, homelessness and housing
18
affordability matters--designated housing agreement
19
(1) The Minister may determine that an amount specified in the
20
determination is to be paid to a State specified in the determination
21
for the purpose of making a grant of financial assistance for the
22
purpose of expenditure in accordance with a designated housing
23
agreement to which the State is a party.
24
(2) A determination under subsection (1) is a legislative instrument,
25
but section 42 (disallowance) of the Legislation Act 2003 does not
26
apply to the determination.
27
(3) Financial assistance is payable to a State under this section on
28
condition that the financial assistance is spent in accordance with
29
the designated housing agreement.
30
(4) Financial assistance payable to a State under this section is subject
31
to such additional terms and conditions (if any) as are set out in the
32
designated housing agreement.
33
Schedule 1 Amendments
Part 1 Amendments
8
Treasury Laws Amendment (National Housing and Homelessness
Agreement) Bill 2017
No. , 2017
5 Paragraph 17(b)
1
Omit "or 3A", substitute ", 3A or 3B".
2
6 Paragraph 18(1)(b)
3
Omit "or 3A", substitute ", 3A or 3B".
4
7 Paragraph 18(2)(b)
5
Omit "or 3A", substitute ", 3A or 3B".
6
8 After paragraph 21(aa)
7
Insert:
8
(ab) if:
9
(i) the determination relates to financial assistance to a
10
State under section 15C; and
11
(ii) the State is a party to a primary housing agreement or a
12
supplementary housing agreement;
13
the primary housing agreement or the supplementary housing
14
agreement, as the case may be; and
15
(ac) if:
16
(i) the determination relates to financial assistance to a
17
State under section 15D; and
18
(ii) the State is a party to a designated housing agreement;
19
the designated housing agreement; and
20
9 Section 22
21
After "Part 3A", insert ", Part 3B".
22
Amendments Schedule 1
Transitional Part 2
No. , 2017
Treasury Laws Amendment (National Housing and Homelessness
Agreement) Bill 2017
9
Part 2--Transitional
1
10 Transitional
--section 14 of the Federal Financial Relations
2
Act 2009
3
Despite the repeal of section 14 of the Federal Financial Relations Act
4
2009 by this Schedule, that Act continues to apply, in relation to
5
financial assistance for a financial year ending before 1 July 2018, as if
6
that repeal had not happened.
7