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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
Treasury Laws Amendment (Housing
Measures No. 1) Bill 2023
No. , 2023
(Treasury)
A Bill for an Act to amend the law relating to the
National Housing Finance and Investment
Corporation, and to deal with consequential
matters arising from the enactment of the Housing
Australia Future Fund Act 2023, and for other
purposes
No. , 2023
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Schedules ........................................................................................... 3
Schedule 1--Housing Australia
4
Part 1--Main amendments
4
National Housing Finance and Investment Corporation Act 2018
4
Part 2--Consequential amendments
13
Administrative Decisions (Judicial Review) Act 1977
13
Freedom of Information Act 1982
13
Part 3--Saving provision
14
Schedule 2--Housing Australia functions
15
Part 1--Main amendments
15
Housing Australia Act 2018
15
Part 2--Consequential amendments
20
Housing Australia Act 2018
20
Schedule 3--Extension of Commonwealth guarantee
21
Housing Australia Act 2018
21
Schedule 4--Consequential matters arising from the Housing
Australia Future Fund Act 2023
22
Aboriginal and Torres Strait Islander Land and Sea Future Fund Act
2018
22
COAG Reform Fund Act 2008
22
DisabilityCare Australia Fund Act 2013
23
Disaster Ready Fund Act 2019
23
Future Drought Fund Act 2019
24
Future Fund Act 2006
24
Housing Australia Act 2018
29
Medical Research Future Fund Act 2015
30
ii
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
No. , 2023
No. , 2023
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
1
A Bill for an Act to amend the law relating to the
1
National Housing Finance and Investment
2
Corporation, and to deal with consequential
3
matters arising from the enactment of the Housing
4
Australia Future Fund Act 2023, and for other
5
purposes
6
The Parliament of Australia enacts:
7
1 Short title
8
This Act is the
Treasury Laws Amendment (Housing Measures No.
9
1) Act 2023
.
10
2
Treasury Laws Amendment (Housing Measures No. 1) 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. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The day after the end of the period of 14
days beginning on the day this Act receives
the Royal Assent.
3. Schedule 2,
Part 1
Immediately after the commencement of the
provisions covered by table item 2.
4. Schedule 2,
Part 2
The later of:
(a) immediately after the commencement of
the provisions covered by table item 2;
and
(b) immediately after the commencement of
the provisions covered by table item 6.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
5. Schedule 3
Immediately after the commencement of the
provisions covered by table item 2.
6. Schedule 4
At the same time as the
Housing Australia
Future Fund Act 2023
commences.
However, the provisions do not commence
at all if the
Housing Australia Future Fund
Act 2023
does not commence.
No. , 2023
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
3
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
Schedule 1
Housing Australia
Part 1
Main amendments
4
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
No. , 2023
Schedule 1--Housing Australia
1
Part 1--Main amendments
2
National Housing Finance and Investment Corporation Act
3
2018
4
1 Title
5
Omit "
the National Housing Finance and Investment Corporation
",
6
substitute "
Housing Australia
".
7
2 Section 1
8
Omit "
National Housing Finance and Investment Corporation Act
9
2018
", substitute "
Housing Australia Act 2018
".
10
Note:
This item amends the short title of the Act. If another amendment of the Act is
11
described by reference to the Act's previous short title, that other amendment has effect
12
after the commencement of this item as an amendment of the Act under its amended
13
short title (see section 10 of the
Acts Interpretation Act 1901
).
14
3 Section 3
15
Omit "the National Housing Finance and Investment Corporation",
16
substitute "Housing Australia".
17
4 Section 4
(paragraph beginning "The National Housing
18
Finance and Investment Corporation")
19
Omit "The National Housing Finance and Investment Corporation",
20
substitute "Housing Australia".
21
5 Section 4
(paragraph beginning "The NHFIC performs")
22
Omit "The NHFIC", substitute "Housing Australia".
23
6 Section 4
(paragraph beginning "The Board of")
24
Omit "the NHFIC", substitute "Housing Australia".
25
7 Section 4
(paragraph beginning "The Board of")
26
Omit "the NHFIC's", substitute "Housing Australia's".
27
Housing Australia
Schedule 1
Main amendments
Part 1
No. , 2023
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
5
8 Section 4
(paragraph beginning "The Chief Executive
1
Officer")
2
Omit "the NHFIC" (wherever occurring), substitute "Housing
3
Australia".
4
9 Section 4
(paragraph beginning "The Chief Executive
5
Officer")
6
Omit "The NHFIC", substitute "Housing Australia".
7
10 Section 4
(paragraph beginning "The Board must")
8
Omit "the NHFIC", substitute "Housing Australia".
9
11 Section 4
(paragraph beginning "The NHFIC may")
10
Omit "The NHFIC", substitute "Housing Australia".
11
12 Section 5 (definition of Board)
12
Omit "the NHFIC", substitute "Housing Australia".
13
13 Section 5 (definition of CEO)
14
Omit "the NHFIC", substitute "Housing Australia".
15
14 Section 5 (definition of NHFIC)
16
Repeal the definition.
17
15 Part 2 (heading)
18
Repeal the heading, substitute:
19
Part 2--Housing Australia
20
16 Subsection 7(1)
21
Repeal the subsection, substitute:
22
(1) The body corporate that was established by this subsection as
23
previously in force by the name National Housing Finance and
24
Investment Corporation continues in existence as Housing
25
Australia.
26
Schedule 1
Housing Australia
Part 1
Main amendments
6
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
No. , 2023
Note 1:
Subsection 25B(1) of the
Acts Interpretation Act 1901
provides that a
1
body whose name is altered by an Act continues in existence under the
2
new name so that its identity is not affected.
3
Note 2:
The
Public Governance, Performance and Accountability Act 2013
4
applies to Housing Australia. That Act deals with matters relating to
5
Commonwealth entities, including reporting and the use and
6
management of public resources.
7
17 Subsection 7(2)
8
Omit "The NHFIC", substitute "Housing Australia".
9
18 Subsection 7(3)
10
Omit "The NHFIC's", substitute "Housing Australia's".
11
19 Section 8 (heading)
12
Omit "
the NHFIC
", substitute "
Housing Australia
".
13
20 Subsection 8(1)
14
Omit "the NHFIC" (wherever occurring), substitute "Housing
15
Australia".
16
21 Subsections 8(2) and (3)
17
Omit "the NHFIC", substitute "Housing Australia".
18
22 Section 9 (heading)
19
Omit "
the NHFIC
", substitute "
Housing Australia
".
20
23 Subsection 9(1)
21
Omit "The NHFIC", substitute "Housing Australia".
22
24 Subsection 9(2)
23
Omit "the NHFIC", substitute "Housing Australia".
24
25 Subsection 9(2) (note)
25
Omit "the NHFIC" (wherever occurring), substitute "Housing
26
Australia".
27
26 Subsection 10(1)
28
Omit "The NHFIC", substitute "Housing Australia".
29
Housing Australia
Schedule 1
Main amendments
Part 1
No. , 2023
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
7
27 Subsection 10(2)
1
Omit "the NHFIC", substitute "Housing Australia".
2
28 Section 11 (heading)
3
Omit "
NHFIC
", substitute "
Housing Australia
".
4
29 Section 11
5
Omit "The NHFIC", substitute "Housing Australia".
6
30 Subsection 12(1)
7
Omit "the NHFIC's", substitute "Housing Australia's".
8
31 Subsection 12(3)
9
Omit "the NHFIC", substitute "Housing Australia".
10
32 Paragraph 13(a)
11
Omit "the NHFIC's", substitute "Housing Australia's".
12
33 Paragraph 13(d)
13
Omit "NHFIC's", substitute "Housing Australia's".
14
34 Section 15
15
Repeal the section, substitute:
16
15 Establishment of the Board
17
The body that was established by this section as previously in force
18
and known as the Board of the NHFIC continues in existence as
19
the Board of Housing Australia.
20
35 Paragraph 16(1)(a)
21
Omit "the NHFIC", substitute "Housing Australia".
22
36 Paragraph 16(1)(b)
23
Omit "the NHFIC's", substitute "Housing Australia's".
24
Schedule 1
Housing Australia
Part 1
Main amendments
8
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
No. , 2023
37 Subsection 16(3)
1
Omit "the NHFIC" (wherever occurring), substitute "Housing
2
Australia".
3
38 Paragraph 17(b)
4
Repeal the paragraph, substitute:
5
(b) at least 6, and no more than 8, other members.
6
39 After paragraph 18(2)(c)
7
Insert:
8
(ca) housing for Aboriginal or Torres Strait Islander people;
9
40 Paragraphs 27(1)(c) and (d)
10
Omit "the NHFIC", substitute "Housing Australia".
11
41 Section 35
12
Omit "the National Housing Finance and Investment Corporation",
13
substitute "Housing Australia".
14
42 Subsection 36(1)
15
Omit "the NHFIC", substitute "Housing Australia".
16
43 Subsection 45(1)
17
Omit "The NHFIC", substitute "Housing Australia".
18
44 Subsection 45(2)
19
Omit "the NHFIC", substitute "Housing Australia".
20
45 Subsection 45(3)
21
Omit "The NHFIC", substitute "Housing Australia".
22
46 Subsection 45(3)
23
Omit "the NHFIC", substitute "Housing Australia".
24
47 Subsection 46(1)
25
Omit "The NHFIC", substitute "Housing Australia".
26
Housing Australia
Schedule 1
Main amendments
Part 1
No. , 2023
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
9
48 Subsection 46(2)
1
Omit "the NHFIC", substitute "Housing Australia".
2
49 Subsection 47(1)
3
Omit "the NHFIC's", substitute "Housing Australia's".
4
50 Division 1 of Part 5 (heading)
5
Repeal the heading, substitute:
6
Division 1--Housing Australia Special Account
7
51 Section 47A (heading)
8
Omit "
National Housing Finance and Investment Corporation
",
9
substitute "
Housing Australia
".
10
52 Subsection 47A(1)
11
Repeal the subsection, substitute:
12
(1) The special account established by this section as previously in
13
force is continued in existence under the name Housing Australia
14
Special Account (the
Account
).
15
Note:
The special account was originally named the National Housing
16
Finance and Investment Corporation Special Account.
17
53 Section 47B
18
Omit "the NHFIC" (wherever occurring), substitute "Housing
19
Australia".
20
54 Subsection 47C(1)
21
Omit "the NHFIC" (wherever occurring), substitute "Housing
22
Australia".
23
55 Subsection 47C(2)
24
Omit "The NHFIC", substitute "Housing Australia".
25
56 Subsection 47C(2) (note)
26
Omit "the NHFIC" (wherever occurring), substitute "Housing
27
Australia".
28
Schedule 1
Housing Australia
Part 1
Main amendments
10
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
No. , 2023
57 Subsection 47C(3)
1
Omit "the NHFIC", substitute "Housing Australia".
2
58 Division 2 of Part 5 (heading)
3
Repeal the heading, substitute:
4
Division 2--Housing Australia's money
5
59 Sections 48 and 48A
6
Omit "the NHFIC" (wherever occurring), substitute "Housing
7
Australia".
8
60 Subsections 49(1), (2) and (3)
9
Omit "the NHFIC" (wherever occurring), substitute "Housing
10
Australia".
11
61 Subsection 49(4)
12
Omit "The NHFIC's", substitute "Housing Australia's".
13
62 Subsection 49(5)
14
Omit "the NHFIC", substitute "Housing Australia".
15
63 Subsection 50(1)
16
Omit "the NHFIC", substitute "Housing Australia".
17
64 Subsection 50(2)
18
Omit "The NHFIC", substitute "Housing Australia".
19
65 Subsection 50(3)
20
Omit "the NHFIC", substitute "Housing Australia".
21
66 Subsection 50(4)
22
Omit "The NHFIC", substitute "Housing Australia".
23
67 Paragraphs 50(4)(a) and (b)
24
Omit "the NHFIC" (wherever occurring), substitute "Housing
25
Australia".
26
Housing Australia
Schedule 1
Main amendments
Part 1
No. , 2023
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
11
68 Subsection 50(5)
1
Omit "The NHFIC", substitute "Housing Australia".
2
69 Subsection 51(1)
3
Omit "the NHFIC" (wherever occurring), substitute "Housing
4
Australia".
5
70 Subsection 52(1)
6
Omit "the NHFIC", substitute "Housing Australia".
7
71 Subsection 52(1) (note)
8
Omit "the NHFIC", substitute "Housing Australia".
9
72 Subsection 52(2)
10
Omit "The NHFIC", substitute "Housing Australia".
11
73 Section 53 (heading)
12
Omit "
NHFIC
", substitute "
Housing Australia
".
13
74 Subsection 53(1)
14
Omit "The NHFIC", substitute "Housing Australia".
15
75 Subsection 53(2)
16
Omit "the NHFIC", substitute "Housing Australia".
17
76 Subsection 55(2)
18
Omit "the NHFIC", substitute "Housing Australia".
19
77 Paragraphs 56(a) and (b)
20
Omit "the NHFIC", substitute "Housing Australia".
21
78 Paragraph 56(c)
22
Omit "the NHFIC's", substitute "Housing Australia's".
23
79 Subsection 57A(1)
24
Omit "the National Housing Finance and Investment Corporation's",
25
substitute "Housing Australia's".
26
Schedule 1
Housing Australia
Part 1
Main amendments
12
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
No. , 2023
80 Paragraph 57A(1)(a)
1
After "is issued", insert "by the NHFIC".
2
Housing Australia
Schedule 1
Consequential amendments
Part 2
No. , 2023
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
13
Part 2--Consequential amendments
1
Administrative Decisions (Judicial Review) Act 1977
2
81 Paragraph (zd) of Schedule 2
3
Repeal the paragraph, substitute:
4
(zd) decisions relating to the activities of Housing Australia under
5
the
Housing Australia Act 2018
.
6
Freedom of Information Act 1982
7
82 Division 1 of Part II of Schedule 2 (item dealing with the
8
National Housing Finance and Investment Corporation)
9
Omit "National Housing Finance and Investment Corporation",
10
substitute "Housing Australia".
11
Schedule 1
Housing Australia
Part 3
Saving provision
14
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
No. , 2023
Part 3--Saving provision
1
83 Saving of appointments
2
(1)
This Schedule does not affect an appointment of the Chair of the Board,
3
a member of the Board, or the Chief Executive Officer under the
4
National Housing Finance and Investment Corporation Act 2018
that is
5
in force immediately before the commencement of this item.
6
(2)
Subitem (1) does not prevent the termination of an appointment.
7
(3)
Subitem (1) does not limit section 25B of the
Acts Interpretation Act
8
1901
.
9
Housing Australia functions
Schedule 2
Main amendments
Part 1
No. , 2023
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
15
Schedule 2--Housing Australia functions
1
Part 1--Main amendments
2
Housing Australia Act 2018
3
1 Paragraph 3(c)
4
Omit "finance, grants or investments", substitute "finance or grants".
5
2 Section 4
6
Omit "loans, investments and grants", substitute "loans and grants".
7
3 Section 5
8
Insert:
9
capacity building function
: see subsection 8(1C).
10
company
means a body corporate.
11
constitutional corporation
means a corporation to which
12
paragraph 51(xx) of the Constitution applies.
13
entity
includes:
14
(a) a company; and
15
(b) a trust; and
16
(c) a partnership.
17
financing function
: see subsection 8(1A).
18
guarantee function
: see subsection 8(1B).
19
4 Paragraphs 8(1)(a) to (cb)
20
Repeal the paragraphs, substitute:
21
(a) the financing function; and
22
(b) the guarantee function; and
23
(c) the capacity building function; and
24
5 After subsection 8(1)
25
Insert:
26
Schedule 2
Housing Australia functions
Part 1
Main amendments
16
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
No. , 2023
Financing function
1
(1A) Housing Australia's
financing function
is to make loans and
2
grants to:
3
(a) constitutional corporations, where this:
4
(i) is for the purpose of improving, directly or indirectly,
5
housing outcomes; and
6
(ii) assists the constitutional corporation in the performance
7
or development of its activities, functions, relationships
8
or business; and
9
(b) States and Territories, where this:
10
(i) is for the purpose of improving, directly or indirectly,
11
housing outcomes; and
12
(ii) is provided by way of a grant of financial assistance to
13
the State or Territory; and
14
(c) entities, where this is for the purpose of improving, directly
15
or indirectly, housing outcomes:
16
(i) in a Territory; or
17
(ii) for Aboriginal or Torres Strait Islander people; or
18
(iii) for members of the Australian Defence Force; or
19
(iv) for aliens (within the meaning of paragraph 51(xix) of
20
the Constitution).
21
Guarantee function
22
(1B) Housing Australia's
guarantee function
is to issue guarantees to
23
constitutional corporations, where this:
24
(a) is for the purpose of improving housing outcomes; and
25
(b) assists the constitutional corporation in the performance or
26
development of its activities, functions, relationships or
27
business.
28
Capacity building function
29
(1C) Housing Australia's
capacity building function
is to provide
30
business advisory services and other assistance in capacity building
31
to:
32
(a) registered community housing providers that are
33
constitutional corporations, where this:
34
Housing Australia functions
Schedule 2
Main amendments
Part 1
No. , 2023
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
17
(i) is for the purpose of improving housing outcomes; and
1
(ii) assists the registered community housing provider in the
2
performance or development of its activities, functions,
3
relationships or business; and
4
(b) registered community housing providers, where this is for the
5
purpose of improving housing outcomes:
6
(i) in a Territory; or
7
(ii) for Aboriginal or Torres Strait Islander people; or
8
(iii) for members of the Australian Defence Force; or
9
(iv) for aliens (within the meaning of paragraph 51(xix) of
10
the Constitution).
11
6 Subsection 8(2)
12
Repeal the subsection.
13
7 Before subsection 8(3)
14
Insert:
15
Obligation to act properly, efficiently and effectively
16
8 Section 10
17
Repeal the section, substitute:
18
10 Financing, guarantee and capacity building functions
19
(1) This section applies in relation to Housing Australia's financing
20
function, guarantee function and capacity building function.
21
Applications
22
(2) An entity may apply to Housing Australia for any of the following
23
in circumstances where the Investment Mandate provides that
24
Housing Australia must consider such an application:
25
(a) the making of a loan or grant;
26
(b) the issuing of a guarantee;
27
(c) for assistance in capacity building.
28
(3) Housing Australia must consider the application:
29
Schedule 2
Housing Australia functions
Part 1
Main amendments
18
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
No. , 2023
(a) within the timeframe specified in the Investment Mandate (if
1
any); and
2
(b) in accordance with the decision-making criteria and limits
3
specified in the Investment Mandate.
4
(4) Housing Australia may only make loans and grants to, issue
5
guarantees to or provide assistance in capacity building to, an
6
entity in the performance of its functions mentioned in
7
subsection (1) if the entity has applied to Housing Australia for the
8
loan, grant, guarantee or assistance in capacity building under
9
subsection (2).
10
Terms and conditions
11
(5) The terms and conditions on which the loan, grant, guarantee or
12
assistance in capacity building is provided must be set out in a
13
written agreement between Housing Australia and the entity.
14
(6) The entity must comply with the terms and conditions.
15
Payments under the agreements
16
(7) If, under the terms and conditions set out in the written agreement,
17
an amount is payable to Housing Australia:
18
(a) the amount is a debt due by the entity to Housing Australia;
19
and
20
(b) the amount is recoverable by action in a court of competent
21
jurisdiction.
22
9 Subparagraphs 13(b)(i) and (c)(i)
23
Omit "loans, investments and grants", substitute "loans and grants".
24
10 Paragraph 13(d)
25
Omit "investments", substitute "loans".
26
11 Section 14
27
Omit "loan, investment or grant" (wherever occurring), substitute "loan
28
or grant".
29
Housing Australia functions
Schedule 2
Main amendments
Part 1
No. , 2023
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
19
12 Paragraph 47C(2)(a)
1
Omit "function mentioned in paragraph 8(1)(a)", substitute "financing
2
function".
3
13 Subsection 48A(2)
4
Omit "function under paragraph 8(1)(ca)", substitute "guarantee
5
function".
6
14 Subparagraph 56(b)(ii)
7
Omit "Commonwealth;", substitute "Commonwealth.".
8
15 Paragraph 56(c)
9
Repeal the paragraph.
10
16 After section 57A
11
Insert:
12
57B Review of financing function
13
(1) The Minister must cause a review of the NHIF (within the meaning
14
of the
National Housing Finance and Investment Corporation
15
Investment Mandate Direction 2018
) to be commenced within 3
16
months after the end of:
17
(a) the period beginning on the day Schedule 2 to the
Treasury
18
Laws Amendment (Housing Measures No. 1) Act 2023
19
commences and ending 12 months after that day; and
20
(b) each subsequent 12 month period.
21
(2) The persons undertaking the review must give the Minister a
22
written report of the review within 3 months of the commencement
23
of the review.
24
(3) The Minister must cause a copy of the report to be tabled in each
25
House of the Parliament within 15 sitting days of that House after
26
the report is given to the Minister.
27
Schedule 2
Housing Australia functions
Part 2
Consequential amendments
20
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
No. , 2023
Part 2--Consequential amendments
1
Housing Australia Act 2018
2
17 Subsection 47C(2A)
3
Omit "functions mentioned in paragraphs 8(1)(a) and (2)(a)", substitute
4
"financing function".
5
Extension of Commonwealth guarantee
Schedule 3
No. , 2023
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
21
Schedule 3--Extension of Commonwealth
1
guarantee
2
3
Housing Australia Act 2018
4
1 Subsection 51(2)
5
Omit "1 July 2023", substitute "1 July 2028".
6
Schedule 4
Consequential matters arising from the Housing Australia Future Fund Act
2023
22
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
No. , 2023
Schedule 4--Consequential matters arising
1
from the Housing Australia Future
2
Fund Act 2023
3
4
Aboriginal and Torres Strait Islander Land and Sea Future
5
Fund Act 2018
6
1 After subparagraph 16(a)(ia)
7
Insert:
8
(iaa) paragraph 13(e) of the
Housing Australia Future Fund
9
Act 2023
; or
10
2 After subparagraph 16(b)(ia)
11
Insert:
12
(iaa) paragraph 13(f) of the
Housing Australia Future Fund
13
Act 2023
; or
14
3 After subparagraph 16(c)(ia)
15
Insert:
16
(iaa) a paragraph of section 13 of the
Housing Australia
17
Future Fund Act 2023
; or
18
COAG Reform Fund Act 2008
19
4 Subsection 5(2) (before note 3)
20
Insert:
21
Note 2AD: An amount originating in the Housing Australia Future Fund may be
22
transferred to the COAG Reform Fund--see the
Housing Australia
23
Future Fund Act 2023
.
24
5 Before paragraph 7(1)(d)
25
Insert:
26
(bad) the grant is not covered by section 30 of the
Housing
27
Australia Future Fund Act 2023
; and
28
Consequential matters arising from the Housing Australia Future Fund Act 2023
Schedule 4
No. , 2023
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
23
6 Subsection 7(3) (before note 3)
1
Insert:
2
Note 1AD: The provision referred to in paragraph (1)(bad) deals with the
3
channelling, through the COAG Reform Fund, of State/Territory
4
grants payments from the Housing Australia Future Fund established
5
by the
Housing Australia Future Fund Act 2023
. For terms and
6
conditions of those grants, see the
Housing Australia Future Fund Act
7
2023
.
8
DisabilityCare Australia Fund Act 2013
9
7 After subparagraph 16(a)(ia)
10
Insert:
11
(ib) paragraph 13(e) of the
Housing Australia Future Fund
12
Act 2023
; or
13
8 After subparagraph 16(b)(ia)
14
Insert:
15
(ib) paragraph 13(f) of the
Housing Australia Future Fund
16
Act 2023
; or
17
9 After subparagraph 16(c)(ia)
18
Insert:
19
(ib) a paragraph of section 13 of the
Housing Australia
20
Future Fund Act 2023
; or
21
Disaster Ready Fund Act 2019
22
10 After subparagraph 16(a)(i)
23
Insert:
24
(ia) paragraph 13(e) of the
Housing Australia Future Fund
25
Act 2023
; or
26
11 After subparagraph 16(b)(i)
27
Insert:
28
(ia) paragraph 13(f) of the
Housing Australia Future Fund
29
Act 2023
; or
30
Schedule 4
Consequential matters arising from the Housing Australia Future Fund Act
2023
24
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
No. , 2023
12 After subparagraph 16(c)(i)
1
Insert:
2
(ia) a paragraph of section 13 of the
Housing Australia
3
Future Fund Act 2023
; or
4
Future Drought Fund Act 2019
5
13 After subparagraph 17(a)(iia)
6
Insert:
7
(iib) paragraph 13(e) of the
Housing Australia Future Fund
8
Act 2023
; or
9
14 After subparagraph 17(b)(iia)
10
Insert:
11
(iib) paragraph 13(f) of the
Housing Australia Future Fund
12
Act 2023
; or
13
15 After subparagraph 17(c)(iia)
14
Insert:
15
(iib) a paragraph of section 13 of the
Housing Australia
16
Future Fund Act 2023
; or
17
Future Fund Act 2006
18
16 Section 4 (note)
19
Before "the
Medical Research Future Fund Act 2015
", insert "the
20
Housing Australia Future Fund Act 2023
,".
21
17 Section 5
22
Insert:
23
Housing Australia Future Fund
means the
Housing Australia
24
Future Fund
established by section 9 of the
Housing Australia
25
Future Fund Act 2023
.
26
Housing Australia Future Fund Special Account
means the
27
Housing Australia Future Fund Special Account established by
28
section 10 of the
Housing Australia Future Fund Act 2023
.
29
Consequential matters arising from the Housing Australia Future Fund Act 2023
Schedule 4
No. , 2023
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
25
Housing Minister
has the same meaning as in the
Housing
1
Australia Future Fund Act 2023
.
2
Social Services Minister
has the same meaning as in the
Housing
3
Australia Future Fund Act 2023
.
4
Veterans' Affairs Minister
has the same meaning as in the
5
Housing Australia Future Fund Act 2023
.
6
18 Section 13 (note 2A)
7
Before "the Medical Research Future Fund", insert "the Housing
8
Australia Future Fund,".
9
19 Before paragraph 28(5)(bb)
10
Insert:
11
(bac) the
Housing Australia Future Fund Act 2023
;
12
20 After paragraph 28(5)(ga)
13
Insert:
14
(gb) subsection 52(1) of the
Housing Australia Future Fund Act
15
2023
;
16
21 Section 33 (note)
17
Before "the
Medical Research Future Fund Act 2015
", insert "the
18
Housing Australia Future Fund Act 2023
,".
19
22 After subparagraph 35(b)(iiia)
20
Insert:
21
(iiib) the
Housing Australia Future Fund Act 2023
; or
22
23 After paragraph 55(3)(ba)
23
Insert:
24
(bb) the
Housing Australia Future Fund Act 2023
; and
25
24 After paragraph 63(1)(ca)
26
Insert:
27
(cb) the
Housing Australia Future Fund Act 2023
; or
28
Schedule 4
Consequential matters arising from the Housing Australia Future Fund Act
2023
26
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
No. , 2023
25 After paragraph 63(2)(aba)
1
Insert:
2
(abb) the
Housing Australia Future Fund Act 2023
; or
3
26 After subsection 81(1DA)
4
Insert:
5
Housing Australia Future Fund
6
(1DB) A report under subsection (1) for a period must include a report of
7
the following during the period:
8
(a) the performance of the investments of the Housing Australia
9
Future Fund;
10
(b) the total amount debited from the Housing Australia Future
11
Fund Special Account for the purpose mentioned in
12
paragraph 13(d) of the
Housing Australia Future Fund Act
13
2023
;
14
(c) the total amount debited from the Housing Australia Future
15
Fund Special Account for the purpose mentioned in
16
paragraph 14(d) of the
Housing Australia Future Fund Act
17
2023
;
18
(d) the total amount debited from the Housing Australia Future
19
Fund Special Account for the purpose mentioned in
20
paragraph 14(e) of the
Housing Australia Future Fund Act
21
2023
;
22
(e) the total amount debited from the Housing Australia Future
23
Fund Special Account for the purpose mentioned in
24
paragraph 14(f) of the
Housing Australia Future Fund Act
25
2023
.
26
27 After subsection 81(2DA)
27
Insert:
28
(2DB) A report under this section must include a benchmark in relation to
29
the amounts referred to in paragraphs (1DB)(b) to (e).
30
28 After paragraph 81(4)(daa)
31
Insert:
32
(dab) the Housing Minister;
33
Consequential matters arising from the Housing Australia Future Fund Act 2023
Schedule 4
No. , 2023
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
27
(dac) the Social Services Minister;
1
(dad) the Veterans' Affairs Minister;
2
29 After paragraph 83B(1)(daa)
3
Insert:
4
(dab) subsection 52(1) of the
Housing Australia Future Fund Act
5
2023
; or
6
30 After subparagraph 84(1)(b)(iiaa)
7
Insert:
8
(iiab) a provision of the
Housing Australia Future Fund Act
9
2023
;
10
31 After subparagraph 84(1)(b)(viia)
11
Insert:
12
(viib) the Housing Australia Future Fund Special Account; or
13
32 After subsection 84(4AA)
14
Insert:
15
Transfer of amounts to the Housing Australia Future Fund Special
16
Account
17
(4AB) If an amount is credited to the Fund Account under subsection (1),
18
the nominated Minister may, by writing, direct that a specified
19
amount is to be:
20
(a) debited from the Fund Account; and
21
(b) credited to the Housing Australia Future Fund Special
22
Account;
23
on a specified day.
24
33 Paragraph 84(5)(b)
25
After "(4AA),", insert "(4AB),".
26
34 Subsection 84(6)
27
After "(4AA),", insert "(4AB),".
28
Schedule 4
Consequential matters arising from the Housing Australia Future Fund Act
2023
28
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
No. , 2023
35 After subparagraph 2(2)(a)(via) of Schedule 2
1
Insert:
2
(vib) paragraph 13(e) of the
Housing Australia Future Fund
3
Act 2023
; or
4
36 After subparagraph 2(2)(b)(via) of Schedule 2
5
Insert:
6
(vib) paragraph 13(f) of the
Housing Australia Future Fund
7
Act 2023
; or
8
37 After subparagraph 2(2)(c)(via) of Schedule 2
9
Insert:
10
(vib) a paragraph of section 13 of the
Housing Australia
11
Future Fund Act 2023
; or
12
38 Clause 1 of Schedule 2A
13
Before "the Medical Research Future Fund", insert "the Housing
14
Australia Future Fund,".
15
39 After clause 5A of Schedule 2A
16
Insert:
17
5B Transfers from the Future Fund to the Housing Australia Future
18
Fund
19
(1) If an amount is debited from the Housing Australia Future Fund
20
Special Account for a purpose mentioned in section 14 of the
21
Housing Australia Future Fund Act 2023
, the nominated Minister
22
may, by writing, direct that a specified amount is to be:
23
(a) debited from the Fund Account; and
24
(b) credited to the Housing Australia Future Fund Special
25
Account;
26
on a specified day.
27
(2) The specified amount must not exceed the amount debited from the
28
Housing Australia Future Fund Special Account as mentioned in
29
subclause (1).
30
(3) A direction under subclause (1) is not a legislative instrument.
31
Consequential matters arising from the Housing Australia Future Fund Act 2023
Schedule 4
No. , 2023
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
29
Housing Australia Act 2018
1
40 Section 47C (heading)
2
Omit "
Purpose
", substitute "
Purposes
".
3
41 Subsection 47C(1)
4
Repeal the subsection, substitute:
5
(1) Each of the following is a purpose of the Account:
6
(a) to make loans to Housing Australia for Housing Australia to
7
later apply in accordance with subsection (2);
8
(b) to make payments to Housing Australia for Housing
9
Australia to later apply in accordance with subsection (2A).
10
Note:
See section 80 of the
Public Governance, Performance and
11
Accountability Act 2013
(which deals with special accounts).
12
42 After subsection 47C(2)
13
Insert:
14
(2A) Housing Australia may apply such paragraph (1)(b) payments in
15
making grants or loans, in the performance of its functions
16
mentioned in paragraphs 8(1)(a) and (2)(a), in relation to any of the
17
following:
18
(a) acute housing needs;
19
(b) social housing;
20
(c) affordable housing.
21
Note:
This subsection confers a function on Housing Australia to apply the
22
payments from the Commonwealth mentioned in paragraph (1)(b).
23
This means the Investment Mandate may include directions about how
24
Housing Australia applies those payments.
25
(2B) A payment under paragraph (1)(b) must not be made before 1 July
26
2023.
27
43 Subsection 47C(3)
28
Omit "Subsection (2) does", substitute "Subsections (2) and (2A) do".
29
Schedule 4
Consequential matters arising from the Housing Australia Future Fund Act
2023
30
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
No. , 2023
Medical Research Future Fund Act 2015
1
44 After subparagraph 19(a)(ib)
2
Insert:
3
(ic) paragraph 13(e) of the
Housing Australia Future Fund
4
Act 2023
; or
5
45 After subparagraph 19(b)(ib)
6
Insert:
7
(ic) paragraph 13(f) of the
Housing Australia Future Fund
8
Act 2023
; or
9
46 After subparagraph 19(c)(ib)
10
Insert:
11
(ic) a paragraph of section 13 of the
Housing Australia
12
Future Fund Act 2023
; or
13