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DEFENCE HOUSING AUSTRALIA ACT 1987 - SECT 6

Additional functions

  (1)   The first additional function of DHA is to provide adequate and suitable housing for, and housing - related services to:

  (a)   officials of a non - corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013 ) other than the Department, and their families; and

  (b)   persons contracted to provide goods or services to a non - corporate Commonwealth entity (within the meaning of that Act) other than the Department, and their families;

in order to meet the requirements of that entity.

  (2)   The second additional function of DHA is to provide services ancillary to the services mentioned in subsection   ( 1) and in subsection   5(1), to persons mentioned in those subsections, in order to meet the requirements of a non - corporate Commonwealth entity (within the meaning of that Act).

  (3)   DHA may perform a function mentioned in subsection   ( 1) or (2) only to the extent mentioned in a determination under subsection   ( 4).

  (4)   The Minister may determine, in writing, the extent to which DHA may perform the function in relation to any of the following:

  (a)   the persons to whom services can be provided;

  (b)   the kinds of services that can be provided;

  (c)   any other matter.

  (5)   A determination made under subsection   ( 4) is a legislative instrument, but section   42 (disallowance) of the Legislation Act 2003 does not apply to the determination.

Note:   Part   4 of Chapter   3 (sunsetting) of the Legislation Act 2003 does not apply to the determination: see regulations made for the purposes of paragraph   54(2)(b) of that Act.

  (6)   DHA's gross revenue from the performance of all of the following functions for a financial year must not exceed the amount mentioned in subsection   ( 7):

  (a)   the function mentioned in subsection   ( 1);

  (b)   the function mentioned in subsection   ( 2), to the extent that it relates to the function mentioned in subsection   ( 1).

  (7)   The amount is DHA's total gross revenue for the financial year multiplied by:

  (a)   if a percentage under 25% is prescribed by the regulations for the purposes of this subsection--that percentage; or

  (b)   otherwise--25%.

  (8)   For the purposes of subsections   ( 6) and (7), DHA's gross revenue and total gross revenue for the financial year are to be determined from its audited annual accounts.


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