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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Residential Tenancies and Housing
egislation Amendment (Public Housing--
Antisocial Behaviour) Bill 2015
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to amend the Residential Tenancies Act 2010 to:
(a) introduce a scheme for social housing providers to record strikes against tenants for
breaches of social housing tenancy agreements and to seek a termination order on the basis
of 3 or more breaches occurring within 12 months that, taken together, justify termination,
and
(b) require the Civil and Administrative Tribunal, on application of a social housing provider,
to make a termination order for breach of a social housing tenancy agreement involving the
premises being used for certain serious offences including drug manufacture or supply,
storing a firearm for which a licence or permit is not held and violence involving grievous
bodily harm, and
(c) require the Tribunal, on application of a social housing provider, to make a termination
order for breach of a social housing tenancy agreement in certain other cases unless the
tenant satisfies the Tribunal that there are exceptional circumstances justifying the order not
being made, and
(d) introduce a scheme for the submission of neighbourhood impact statements to assist the
Tribunal to understand the effect a social housing tenancy has had on neighbouring
residents and other persons, and
(e) allow social housing tenancy agreements to be terminated for non-payment of amounts
owed as a consequence of variation or cancellation of rent rebates, and
(f) limit the period within which an order for possession of social housing premises is to take
effect, and
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Explanatory note
(g) provide social housing providers with certain evidentiary aids in proceedings before the
Tribunal.
The Bill also amends the Housing Act 2001 to:
(a) provide the NSW Land and Housing Corporation with additional powers to gather
information for the purposes of preventing or investigating fraud against the Corporation,
and
(b) extend the prosecution period for certain offences.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act by proclamation.
Schedule 1 Amendment of Residential Tenancies Act 2010
No 42
Schedule 1 [2]-[7] amend Division 5 of Part 7 of the Residential Tenancies Act 2010 (the
principal Act) which deals with termination of social housing tenancy agreements by making a
minor modification to the heading of the Division (because the Division as amended will relate to
grounds for termination under Part 5 of the principal Act as well as additional grounds),
restructuring the Division into Subdivisions for the existing eligibility ground, alternative
premises ground and behaviour ground and omitting section 152 in preparation for a modified
form of that section to be included in new Subdivision 4 (see proposed section 154E).
Schedule 1 [1] is a consequential amendment.
Schedule 1 [8] inserts 2 new Subdivisions in Division 5 of Part 7 of the principal Act, one dealing
with termination on the ground of breach of a social housing tenancy agreement and the other with
miscellaneous matters.
Proposed section 154A extends the existing scheme for termination of a tenancy for non-payment
of rent to non-payment of an amount owed as a consequence of the variation or cancellation of a
rent rebate (that is, where a rebate is reduced or cancelled with effect from a preceding date). As
with rent, the tenant may enter into a repayment scheme and the breach of the agreement may be
remedied by full payment of the amount owed.
Proposed section 154B is designed to ensure that where a tenant has moved from one social
housing premises to another, breaches under any earlier social housing tenancy agreement
continue to be relevant to the question of whether the current agreement should be terminated for
a breach. It ensures that a series of breaches of social housing tenancy agreements with the same
or a different landlord may be considered to justify termination of an agreement even though,
taken alone, the circumstances of each breach would not justify termination of an agreement.
Proposed section 154C provides for a scheme for the recording of strikes against a tenant for
breaches of social housing tenancy agreements that, taken alone, do not justify termination of the
agreement. The strikes follow the tenant rather than the premises and so remain relevant even if a
tenant moves from one social housing premises to another. Under the scheme, the tenant is
required to be given a notice that sets out details of the alleged breach of the agreement for which
the strike is recorded, an opportunity to make submissions to the landlord if the tenant disagrees
with those details or any aspect of those details and, if the strike is not then withdrawn, an
opportunity to apply for review of the notice. Proposed section 156A effectively provides that the
tenant will be taken to have agreed the details set out in the notice if no submissions are made.
Under the scheme, on a third strike within 12 months, the landlord may, instead of issuing a strike
notice, give a termination notice under section 87 of the principal Act on the basis that the landlord
is satisfied that a series of breaches by the tenant of the agreement or any prior social housing
tenancy agreement with the same or a different landlord justifies termination of the agreement
with the tenant.
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Explanatory note
The new scheme does not derogate from the ability of the landlord to give a termination notice for
a serious breach of a social housing agreement that in its own right justifies termination of the
agreement.
Proposed section 154D deals with how termination under section 90 or 91 is to work in the case
of social housing tenancies. It requires the Tribunal to make, on the application of a social housing
provider, a termination order for a social housing tenancy agreement in certain cases, namely:
(a) if it is satisfied that the tenant, or any person who although not a tenant is occupying or
jointly occupying the residential premises, has intentionally or recklessly caused or
permitted injury to the landlord, the landlord's agent, an employee or contractor of the
landlord or the landlord's agent, or an occupier or person on neighbouring property or
premises used in common with the tenant and the injury constitutes grievous bodily harm
within the meaning of the Crimes Act 1900 (see section 90 (1) (b) of the principal Act), or
(b) if it is satisfied that the tenant, or any person who although not a tenant is occupying or
jointly occupying the residential premises, has intentionally or recklessly caused or
permitted the use of the residential premises or any property adjoining or adjacent to the
premises (including any property that is available for use by the tenant in common with
others) for the purposes of the manufacture, sale, cultivation or supply of any prohibited
drug within the meaning of the Drug Misuse and Trafficking Act 1985 (see
section 91 (1) (a) of the principal Act), or
(c) if it is satisfied that the tenant, or any person who although not a tenant is occupying or
jointly occupying the social housing premises, has intentionally or recklessly caused or
permitted the social housing premises or any property adjoining or adjacent to the premises
(including any property that is available for use by the tenant in common with others) to be
used for the purposes of:
• storing a firearm for which a licence or permit is not held under the Firearms
Act 1996, or
• a show cause offence within the meaning of the Bail Act 2013,
and the tenant or other person has been charged with an offence relating to those
circumstances, whether or not the person is or has been found guilty of the offence (see
section 91 (1) (b) of the principal Act as modified by proposed section 154D (3)).
The proposed section also requires the Tribunal to make, on the application of a social housing
provider, a termination order for a social housing tenancy agreement in certain other cases unless
the tenant satisfies the Tribunal that there are exceptional circumstances that justify the order not
being made, namely:
(a) if it is satisfied that the tenant, or any person who although not a tenant is occupying or
jointly occupying the residential premises, has intentionally or recklessly caused or
permitted serious damage to the residential premises or any neighbouring property
(including any property available for use by the tenant in common with others) or injury
(other than grievous bodily harm) to the landlord, the landlord's agent, an employee or
contractor of the landlord or the landlord's agent, or an occupier or person on neighbouring
property or premises used in common with the tenant (see section 90 (1) of the principal
Act), or
(b) if it is satisfied that the tenant, or any person who although not a tenant is occupying or
jointly occupying the residential premises, has intentionally or recklessly caused or
permitted the use of the residential premises or any property adjoining or adjacent to the
premises (including any property that is available for use by the tenant in common with
others) to be used:
• unlawfully as a brothel within the meaning of the Restricted Premises Act 1943, or
• for the purposes of an offence against section 91H (Production, dissemination or
possession of child abuse material) of the Crimes Act 1900, or
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Explanatory note
• for the purposes of an offence against section 154G (Facilitating organised car or
boat rebirthing activities) of the Crimes Act 1900,
(see section 91 (1) (b) of the principal Act as modified by proposed section 154D (3)), or
(c) if it is satisfied that the tenant, or any person who although not a tenant is occupying or
jointly occupying the social housing premises, has intentionally or recklessly caused or
permitted the social housing premises or any property adjoining or adjacent to the premises
(including any property that is available for use by the tenant in common with others) to be
used for any other unlawful purpose and that the use is sufficient to justify the termination
(see section 91 (1) (b) of the principal Act as modified by proposed section 154D (3)).
If the Tribunal is satisfied by the tenant that there are exceptional circumstances and does not
make a termination order, the proposed section requires the Tribunal to provide written reasons
for the decision.
Proposed section 154E lists factors that must be taken into account by the Tribunal in determining
whether to make a termination order for a social housing tenancy agreement. These include the
factors currently set out in section 152 of the principal Act and, in addition, the history of the
current tenancy and any prior tenancy arising under a social housing tenancy agreement with the
same or a different landlord.
One of the factors currently set out in section 152 is the effect the tenancy has had on neighbouring
residents or other persons. Proposed section 154F supports that factor by requiring the Tribunal to
have regard to any neighbourhood impact statement submitted by a social housing landlord. This
is a summary of relevant statements made by neighbouring residents or other persons and avoids
those persons having to be identified or appear before the Tribunal.
The amendments insert a miscellaneous Subdivision at the end of Division 5 of Part 7 of the
principal Act to house the current provision dealing with the operation of the Division and the
following proposed provision.
Proposed section 154G prevents the Tribunal fixing a period for the tenant to vacate social housing
premises on the making of a termination order that extends beyond 28 days unless there are
exceptional circumstances. It does not derogate from the power of the Tribunal to require the
premises to be vacated immediately.
Schedule 1 [9] inserts a new Division in Part 7 of the principal Act dealing with evidentiary
certificates.
Proposed section 156A provides an evidentiary aid relating to a strike notice. If, in proceedings
before the Tribunal, the Tribunal is satisfied that the tenant was issued a strike notice and did not
make submissions as allowed for in the strike notice, a certificate setting out the details of the
alleged breach of a social housing tenancy agreement set out in the strike notice constitutes
conclusive proof of those details. This does not prevent argument about whether the agreed facts
constitute a breach of the agreement.
Proposed section 156B provides that the Tribunal must accept as the reasonable cost of work
undertaken by a landlord on or in connection with social housing premises an amount set out in a
certificate submitted by the landlord. This does not prevent argument about whether the work was
necessary as a consequence of the breach of an agreement by a tenant.
Schedule 1 [10] inserts a new section at the end of the principal Act requiring new sections 154D
and 154G (as proposed to be inserted) to be reviewed after 2 years.
Schedule 2 Amendment of Housing Act 2001 No 52
Schedule 2 [1] inserts a new section in the Housing Act 2001 to enable the New South Wales Land
and Housing Corporation to give a person, for the purposes of preventing or investigating fraud
against the Corporation, a written notice requiring the person to provide information, produce
documents or appear before a person to give evidence and produce documents, as specified in the
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Explanatory note
notice. The proposed provision preserves the privilege against self-incrimination, legal
professional privilege and refusal on the grounds of public interest.
Schedule 2 [2] amends section 74 of the Housing Act 2001 by extending the prosecution period
for an offence against section 69 (False statements and representations) or 69A (Failure to notify
of change of circumstances) to 12 months from when evidence of the alleged offence first came
to the attention of a member of the staff of the Corporation.
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First print
New South Wales
Residential Tenancies and Housing
egislation Amendment (Public Housing--
Antisocial Behaviour) Bill 2015
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Residential Tenancies Act 2010 No 42 3
Schedule 2 Amendment of Housing Act 2001 No 52 9
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New South Wales
Residential Tenancies and Housing
egislation Amendment (Public Housing--
Antisocial Behaviour) Bill 2015
No , 2015
A Bill for
An Act to amend the Residential Tenancies Act 2010 and the Housing Act 2001 to facilitate the
termination of public housing tenancies for antisocial behaviour and for other purposes.
Residential Tenancies and Housing Legislation Amendment (Public Housing--Antisocial Behaviour) Bill
2015 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Residential Tenancies and Housing Legislation Amendment (Public 3
Housing--Antisocial Behaviour) Act 2015. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
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Schedule 1 Amendment of Residential Tenancies Act 2010 No 42
Schedule 1 Amendment of Residential Tenancies Act 2010 1
No 42 2
[1] Section 87 Breach of agreement 3
Omit "Section 152" from the note to the section. Insert instead "Section 154E". 4
[2] Part 7, Division 5, heading 5
Omit "--additional grounds". 6
[3] Part 7, Division 5, Subdivision 1, heading 7
Insert before section 143: 8
Subdivision 1 Eligibility ground 9
[4] Sections 143, 146, 147, 151 and 154 10
Omit "Division" wherever occurring. Insert instead "Subdivision". 11
[5] Part 7, Division 5, Subdivision 2, heading 12
Insert before section 148: 13
Subdivision 2 Alternative premises ground 14
[6] Section 152 Termination by Tribunal of social housing tenancy agreements for 15
breach 16
Omit the section. 17
[7] Part 7, Division 5, Subdivision 3, heading 18
Insert before section 153: 19
Subdivision 3 Behaviour ground 20
[8] Part 7, Division 5, Subdivisions 4 and 5 21
Insert after section 154: 22
Subdivision 4 Breach of agreement 23
154A Termination notice for non-payment of amount payable on variation or 24
cancellation of rent rebate 25
If a tenant owes a landlord under a social housing tenancy agreement a debt 26
arising under section 57 of the Housing Act 2001 or otherwise as a 27
consequence of the variation or cancellation of a rent rebate, sections 87, 88 28
and 89 apply as if the amount owed were rent and the failure to pay were a 29
breach of the agreement. 30
154B Tribunal must have regard to breaches of prior social housing tenancy 31
agreements and to series of breaches 32
(1) In determining under section 87 whether to terminate a social housing tenancy 33
agreement on the ground of a breach of the agreement by the tenant, the 34
Tribunal must have regard to: 35
(a) any breaches by the tenant of a prior social housing tenancy agreement 36
with the same or a different landlord, and 37
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Schedule 1 Amendment of Residential Tenancies Act 2010 No 42
(b) whether a series of breaches by the tenant of the social housing tenancy 1
agreement or any prior social housing tenancy agreement with the same 2
or a different landlord justifies termination of the agreement even 3
though, taken alone, the circumstances of each breach would not justify 4
termination of an agreement. 5
(2) This section does not limit any other matter that may be considered by the 6
Tribunal under this Act. 7
154C Scheme for recording strikes against tenant for breaches 8
(1) If a landlord under a social housing tenancy agreement is satisfied that a tenant 9
has breached the agreement but is not satisfied that the circumstances of the 10
breach taken alone justify termination of the agreement, the landlord may 11
issue a strike notice to the tenant and record a strike against the tenant. 12
(2) A strike notice: 13
(a) must be in writing, and 14
(b) must inform the tenant that a strike has been recorded against the tenant, 15
and 16
(c) must set out details of the alleged breach of the agreement for which the 17
strike has been recorded, and 18
(d) must remind the tenant of any strikes that have been recorded (and not 19
withdrawn) against the tenant within the previous 12 months (including 20
strikes recorded for breach of a prior social housing tenancy agreement 21
with the same or, to the extent that relevant information is known by the 22
landlord, a different landlord), and 23
(e) must warn the tenant that, if a third strike is recorded against the tenant 24
within 12 months, a termination notice may be given to the tenant, and 25
(f) must inform the tenant that, if the tenant disagrees with the statement of 26
details of the alleged breach of the agreement for which the strike has 27
been recorded, or any aspect of those details, the tenant should make 28
submissions to the landlord setting out the grounds of the disagreement, 29
and 30
(g) must specify how the submissions may be made and the date before 31
which they must be made (being a date not less than 14 days after the 32
date of the strike notice), and 33
(h) must inform the tenant that, if the tenant does not make any such 34
submissions, the details of the alleged breach of the agreement set out 35
in the strike notice will be taken, in proceedings before the Tribunal, to 36
have been conclusively proved and the tenant will not be able to 37
challenge the accuracy of those details. 38
(3) A landlord may withdraw a strike against a tenant at any time. 39
(4) If, after considering submissions made by a tenant as set out in a strike notice, 40
the landlord decides not to withdraw the strike, the landlord must give the 41
tenant a notice in writing: 42
(a) informing the tenant of that decision and that the tenant may apply for 43
review of the strike notice, and 44
(b) specifying how the application may be made and the date before which 45
it must be made (being a date not less than 14 days after the date of the 46
notice). 47
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Schedule 1 Amendment of Residential Tenancies Act 2010 No 42
(5) If an application for review of a strike notice is made by a tenant, the landlord 1
must refer the matter to a review panel comprised of one or more persons who 2
were not substantially involved in the process of making the decision under 3
review and who are, in the opinion of the landlord, otherwise suitably qualified 4
to deal with the issues raised by the application. 5
(6) On a review, the review panel must consider any information submitted by the 6
tenant and may: 7
(a) confirm the strike against the tenant, or 8
(b) require the strike against the tenant to be withdrawn. 9
(7) A landlord is bound by a decision of a review panel requiring a strike against 10
a tenant to be withdrawn. 11
(8) A landlord must, on application by a tenant, provide the tenant with 12
information about any strikes recorded (and not withdrawn) against the tenant 13
(unless that information has already been provided to the tenant within the last 14
3 months and no further strikes have been recorded against the tenant since the 15
information was last provided). 16
(9) If 2 strikes have been recorded against the tenant within the previous 17
12 months and the landlord is satisfied that the tenant has breached the social 18
housing tenancy agreement and that a further strike notice could be issued to 19
the tenant, the landlord may: 20
(a) record a strike against the tenant without issuing a further strike notice, 21
and 22
(b) give a termination notice under section 87 on the basis that the landlord 23
is satisfied that a series of breaches by the tenant of the agreement or any 24
prior social housing tenancy agreement with the same or a different 25
landlord justifies termination of the agreement with the tenant. 26
(10) The termination notice: 27
(a) must inform the tenant that a strike has been recorded against the tenant 28
and set out details of the alleged breach of the agreement for which the 29
strike has been recorded, and 30
(b) must remind the tenant of the details of any other strikes relied on by the 31
landlord for giving the notice. 32
154D Tribunal required to make termination order in certain circumstances 33
(1) The Tribunal must make a termination order on the application of a landlord 34
under a social housing tenancy agreement if: 35
(a) an application for the order is made under section 90 and the Tribunal 36
is satisfied of the matters set out in section 90 (1) (b) and the injury 37
constitutes grievous bodily harm within the meaning of the Crimes 38
Act 1900, or 39
(b) an application for the order is made under section 91 and the Tribunal 40
is satisfied of the matters set out in section 91 (1) (a), or 41
(c) an application for the order is made under section 91 and the Tribunal 42
is satisfied that the tenant, or any person who although not a tenant is 43
occupying or jointly occupying the social housing premises, has 44
intentionally or recklessly caused or permitted the social housing 45
premises or any property adjoining or adjacent to the premises 46
(including any property that is available for use by the tenant in 47
common with others) to be used for the purposes of: 48
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Schedule 1 Amendment of Residential Tenancies Act 2010 No 42
(i) storing a firearm for which a licence or permit is not held under 1
the Firearms Act 1996, or 2
(ii) a show cause offence within the meaning of the Bail Act 2013, 3
and the tenant or other person has been charged with an offence relating 4
to those circumstances (whether or not the person is or has been found 5
guilty of the offence). 6
(2) The Tribunal must make a termination order on the application of a landlord 7
under a social housing tenancy agreement unless the tenant satisfies the 8
Tribunal that there are exceptional circumstances that justify the order not 9
being made if: 10
(a) an application for the order is made under section 90 and the Tribunal 11
is satisfied of the matters set out in section 90 (1) (and, in the case of 12
section 90 (1) (b), the injury does not constitute grievous bodily harm 13
within the meaning of the Crimes Act 1900), or 14
(b) an application for the order is made under section 91 and the Tribunal 15
is satisfied that the tenant, or any person who although not a tenant is 16
occupying or jointly occupying the social housing premises, has 17
intentionally or recklessly caused or permitted the social housing 18
premises or any property adjoining or adjacent to the premises 19
(including any property that is available for use by the tenant in 20
common with others) to be used: 21
(i) unlawfully as a brothel within the meaning of the Restricted 22
Premises Act 1943, or 23
(ii) for the purposes of an offence against section 91H (Production, 24
dissemination or possession of child abuse material) of the 25
Crimes Act 1900, or 26
(iii) for the purposes of an offence against section 154G (Facilitating 27
organised car or boat rebirthing activities) of the Crimes 28
Act 1900, or 29
(c) an application for the order is made under section 91 and the Tribunal 30
is satisfied that the tenant, or any person who although not a tenant is 31
occupying or jointly occupying the social housing premises, has 32
intentionally or recklessly caused or permitted the social housing 33
premises or any property adjoining or adjacent to the premises 34
(including any property that is available for use by the tenant in 35
common with others) to be used for any other unlawful purpose and that 36
the use is sufficient to justify the termination. 37
(3) For the purposes of the application of section 91 (1) (b) to social housing 38
premises under this section: 39
(a) the reference to residential premises in section 91 (1) (b) is to be taken 40
to be a reference to the social housing premises or any property 41
adjoining or adjacent to the premises (including any property that is 42
available for use by the tenant in common with others), and 43
(b) if the Tribunal is satisfied that an offence of a kind referred to in 44
subsection (1) (c) or (2) (b) has been committed by a person on the 45
social housing premises or any property adjoining or adjacent to the 46
premises (including any property that is available for use by the tenant 47
in common with others), the Tribunal must assume that: 48
(i) the premises or property has been used for an unlawful purpose, 49
and 50
(ii) the use is sufficient to justify termination of the agreement. 51
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Schedule 1 Amendment of Residential Tenancies Act 2010 No 42
(4) If the Tribunal decides not to make a termination order under subsection (2), 1
the Tribunal must provide written reasons for the decision. 2
154E Exercise of discretion to make termination order 3
(1) In considering whether to make a termination order for a social housing 4
tenancy agreement, the Tribunal must have regard to the following: 5
(a) the effect the tenancy has had on neighbouring residents or other 6
persons, 7
(b) the likelihood that neighbouring residents or other persons will suffer 8
serious adverse effects in the future if the tenancy is not terminated, 9
(c) the landlord's responsibility to its other tenants, 10
(d) the history of the current tenancy and any prior tenancy arising under a 11
social housing tenancy agreement with the same or a different landlord, 12
(e) whether the tenant, wilfully or otherwise, is or has been in breach of an 13
order of the Tribunal. 14
(2) This section does not limit any other matter that may be considered by the 15
Tribunal under this Act. 16
154F Neighbourhood impact statement 17
(1) In proceedings before the Tribunal for a termination order for a social housing 18
tenancy agreement, the Tribunal must have regard to any neighbourhood 19
impact statement submitted by the landlord. 20
(2) A neighbourhood impact statement: 21
(a) is a summary of statements made by neighbouring residents or other 22
persons relevant to the requirement for the Tribunal to have regard to 23
the effect the tenancy has had on them, and 24
(b) should not identify the neighbouring residents or other persons. 25
(3) Every effort must be made in the proceedings to ensure that information 26
tending to identify a neighbouring resident or other person who has made a 27
statement that is summarised in a neighbourhood impact statement is not 28
disclosed in the proceedings without the consent of that person. 29
Subdivision 5 Miscellaneous 30
154G Order for possession 31
(1) If an order is made for termination of a social housing tenancy agreement, the 32
order for possession must not specify a day that the order for possession is to 33
take effect that is later than 28 days after the day on which the termination 34
order is made unless the Tribunal is satisfied that there are exceptional 35
circumstances justifying a later day. 36
(2) The order for possession cannot be suspended for a period that would result in 37
it taking effect later than 28 days after the day on which the termination order 38
was made unless the Tribunal is satisfied that there are exceptional 39
circumstances justifying a longer period of suspension. 40
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Schedule 1 Amendment of Residential Tenancies Act 2010 No 42
[9] Part 7, Division 7 1
Insert after Division 6 of Part 7: 2
Division 7 Evidentiary certificates 3
156A Evidentiary certificate for strike notice 4
(1) In proceedings before the Tribunal, a landlord under a social housing tenancy 5
agreement may submit a certificate certifying as to: 6
(a) the issuing of a strike notice to the tenant, and 7
(b) the details of the alleged breach of the agreement set out in the strike 8
notice, and 9
(c) whether or not the tenant made submissions as allowed for in the strike 10
notice, and 11
(d) whether or not the tenant made an application for review of the strike 12
notice and the outcome of any such review. 13
(2) Subject to subsection (3), in proceedings before the Tribunal, a certificate 14
under subsection (1) constitutes proof, in the absence of proof to the contrary, 15
of the matters certified in the certificate. 16
(3) If, in proceedings before the Tribunal, the Tribunal is satisfied that the tenant 17
was issued a strike notice and did not make submissions as allowed for in the 18
strike notice, a certificate under subsection (1) constitutes conclusive proof of 19
the matters certified in the certificate under subsection (1) (b). 20
156B Evidentiary certificate of cost of work 21
In proceedings before the Tribunal: 22
(a) a landlord under a social housing tenancy agreement may submit a 23
certificate certifying as to the cost of work undertaken by the landlord 24
on or in connection with the social housing premises, and 25
(b) the Tribunal must accept the certificate as conclusive proof of the 26
reasonable cost of the work. 27
[10] Section 228 28
Insert after section 227: 29
228 Review of sections 154D and 154G 30
(1) The Minister is to review sections 154D and 154G to determine whether the 31
policy objectives of the sections remain valid and whether the terms of the 32
sections remain appropriate for securing those objectives. 33
(2) The review is to be undertaken as soon as possible after the period of 2 years 34
from the commencement of this section. 35
(3) A report on the outcome of the review is to be tabled in each House of 36
Parliament within 12 months after the end of the period of 2 years. 37
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Schedule 2 Amendment of Housing Act 2001 No 52
Schedule 2 Amendment of Housing Act 2001 No 52 1
[1] Section 69C 2
Insert after section 69B: 3
69C Power to obtain information, documents and evidence to prevent or 4
investigate fraud 5
(1) For the purposes of preventing or investigating fraud against the Corporation, 6
the Corporation may, by written notice, require a person to provide 7
information, produce documents or appear before a person to give evidence 8
and produce documents, as specified in the notice. 9
(2) The Corporation is not to make any such requirement if it appears to the 10
Corporation that: 11
(a) the person concerned does not consent to compliance with the 12
requirement, and 13
(b) the person would not, in court proceedings, be required to comply with 14
a similar requirement on the grounds of public interest, privilege against 15
self-incrimination or legal professional privilege. 16
(3) A person who, without reasonable excuse, fails to comply with the terms of a 17
notice given to the person under this section is guilty of an offence. 18
Maximum penalty: 20 penalty units. 19
[2] Section 74 Proceedings for offences 20
Insert after section 74 (2): 21
(3) Proceedings for an offence against section 69 or 69A must be commenced not 22
later than 12 months after evidence of the alleged offence first came to the 23
attention of a member of the staff of the Corporation. 24
(4) If proceedings for an offence against section 69 or 69A are commenced later 25
than 12 months after the offence was alleged to have been committed, the court 26
attendance notice or application must contain particulars of the date on which 27
evidence of the offence first came to the attention of a member of the staff of 28
the Corporation. 29
(5) In proceedings for an offence against section 69 or 69A, the court attendance 30
notice or application is proof, in the absence of proof to the contrary, of the 31
date on which evidence of the offence first came to the attention of a member 32
of the staff of the Corporation. 33
Page 9
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