Queensland Numbered Acts Queensland Numbered ActsPart 10—
insert—
'In this division—
accommodation provider means an entity that, immediately before the commencement, was—
(a) registered under the former Act; and
(b) providing a relevant housing service.
amending Act means the Housing and Other Legislation Amendment Act 2013.
application period means the period—
(a) starting on the commencement; and
(b) ending on—
(i) the prescribed day; or
(ii) if a day is not prescribed—the day that is 1 year after the commencement.
commencement means the day this section commences.
existing assistance agreement means any of the following—
(a) an assistance agreement under the former section 25 that was current immediately before the commencement;
(b) a continuing agreement under the former section 127 that was current immediately before the commencement.
former, in relation to a provision, means as in force immediately before the repeal or amendment of the provision by the amending Act.
former Act means the Housing Act 2003, as in force immediately before the commencement.
other registered provider means an entity that, immediately before the commencement, was—
(a) registered under this Act; and
(b) providing a housing service under the former section 8 that was not, or did not include, a relevant housing service.
relevant asset, for an accommodation provider, means the following—
(a) the provider's relevant property;
(b) the provider's relevant receipts.
relevant housing service means a housing service under the former section 8 that was, or included, the provision of housing to an individual for residential use, other than crisis accommodation.
relevant property, for an accommodation provider, means any of the following—
(a) property transferred or leased by the chief executive or the Queensland Housing Commission (the QHC) to the provider for the purpose of providing a relevant housing service;
(b) property bought or leased by the provider using funds entirely or partly provided by—
(i) a grant, loan or other financial assistance given by the chief executive or the QHC for the purpose of providing a relevant housing service; or
(ii) other relevant receipts.
relevant receipts, for an accommodation provider, means—
(a) amounts paid to the provider by the chief executive or the QHC as grants, loans or other financial assistance for the purpose of providing a relevant housing service; and
(b) rent or other income from the provider's relevant property; and
(c) the proceeds of sale of the provider's relevant property; and
(d) fees for providing relevant goods and services; and
(e) interest received on an amount mentioned in paragraphs (a) to (d).
transitional period means the period—
(a) starting on the commencement; and
(b) ending on—
(i) the prescribed day; or
(ii) if a day is not prescribed—the day that is 18 months after the commencement.
'(1) On the commencement, the registration of each other registered provider under the former Act is cancelled.
'(2) The cancellation under subsection (1) of another registered provider's registration does not affect the provision of funding to the provider under an existing assistance agreement to which the provider is a party.
'(3) As soon as practicable after the commencement, the chief executive must give each other registered provider a notice stating that—
(a) the provider's registration under the former Act has been cancelled; and
(b) the cancellation does not affect the provider's ability to continue providing a housing service that is an ancillary housing service under section 8; and
(c) the cancellation does not affect any existing assistance agreement between the provider and the chief executive.
'(1) This section applies to an accommodation provider if the provider—
(a) intends to continue providing a community housing service in this jurisdiction after the commencement, whether exclusively or in conjunction with an ancillary housing service; and
(b) is capable of being registered under part 4A as either—
(i) a national provider for which this jurisdiction is the primary jurisdiction; or
(ii) a state provider.
'(2) From the commencement—
(a) the accommodation provider's registration under the former Act continues and the provider must comply with—
(i) a prescribed requirement; and
(ii) the former section 37; and
(b) each existing assistance agreement to which the provider is a party continues.
'(3) Before the application period ends, the accommodation provider may apply under section 37B for registration.
'(4) If the accommodation provider applies under section 37B before the application period ends and the registrar approves the application, on the registration of the provider under part 4A—
(a) the provider's registration under the former Act is cancelled; and
(b) an existing assistance agreement to which the provider is a party continues until it is terminated or otherwise ends.
'(1) This section applies if an accommodation provider mentioned in section 158—
(a) does not apply for registration under section 37B before the application period ends; or
(b) applies but is refused registration under part 4A.
'(2) The accommodation provider must transfer or otherwise dispose of each of the provider's relevant assets in the prescribed way—
(a) before the transitional period ends; or
(b) if the provider applies under section 65 for a review of the registrar's decision to refuse the application and the registrar's decision is confirmed on review—the day that is 6 months after the day the registrar's decision is confirmed.
'(1) On the completion of the transfer or disposition of an accommodation provider's relevant assets under section 159—
(a) the provider's registration under the former Act is cancelled; and
(b) an existing assistance agreement to which the accommodation provider is a party is terminated.
'(2) For subsection (1)(b), it does not matter that the accommodation provider is not required by the existing assistance agreement to be registered under the former Act to receive funding under the agreement.
'(3) If the accommodation provider fails to transfer or dispose of the provider's relevant assets within the time required under section 159, the provider is taken to have contravened each existing assistance agreement to which the provider is a party.
'(1) This section applies to an accommodation provider if the provider—
(a) is a national entity; and
(b) was, immediately before the commencement, providing a relevant housing service in this jurisdiction; and
(c) intends, after the commencement, to continue providing a community housing service in this jurisdiction; and
(d) is not eligible to be registered under part 4A because the provider will be providing most of its community housing services in another participating jurisdiction.
'(2) From the commencement—
(a) the accommodation provider's registration under the former Act continues and the provider must comply with—
(i) a prescribed requirement; and
(ii) the former section 37; and
(b) each existing assistance agreement to which the provider is a party continues.
'(3) Before the application period ends, the accommodation provider may apply for registration under the corresponding law of the participating jurisdiction that would be the provider's primary jurisdiction (the relevant jurisdiction).
'(4) If the accommodation provider applies for registration under the corresponding law of the relevant jurisdiction before the application period ends, the provider must—
(a) as soon as practicable after the provider makes the application, give the registrar notice of the application; and
(b) as soon as practicable after the registrar of the relevant jurisdiction (the other registrar) decides the provider's application, give the registrar notice of the other registrar's decision.
'(5) If the other registrar approves the accommodation provider's application for registration, on the registration of the provider under the corresponding law—
(a) the provider's registration under the former Act is cancelled; and
(b) an existing assistance agreement to which the provider is a party continues until it is terminated or otherwise ends.
'(1) This section applies if an accommodation provider mentioned in section 161—
(a) does not apply for registration under the corresponding law of the relevant jurisdiction before the application period ends; or
(b) applies but is refused registration by the other registrar.
'(2) The accommodation provider must transfer or otherwise dispose of each of the provider's relevant assets in the prescribed way—
(a) before the transitional period ends; or
(b) if the provider applies under the corresponding law of the relevant jurisdiction for a review of the other registrar's decision to refuse the application and the other registrar's decision is confirmed on the review—the day that is 6 months after the day the other registrar's decision is confirmed.
'(1) On the completion of the transfer or disposition of an accommodation provider's relevant assets under section 162—
(a) the provider's registration under the former Act is cancelled; and
(b) an existing assistance agreement to which the accommodation provider is a party is terminated.
'(2) For subsection (1)(b), it does not matter that the accommodation provider is not required by the existing assistance agreement to be registered under the former Act in order to receive funding under the agreement.
'(3) If the accommodation provider fails to transfer or dispose of the provider's relevant assets within the time required under section 162, the provider is taken to have contravened each existing assistance agreement to which the provider is a party.
'(1) This section applies to an application made under the former section 28 that, immediately before the commencement, had not been finally dealt with.
'(2) From the commencement—
(a) if the application related to the proposed provision of a relevant housing service—the application is taken to have been made under section 37B; and
(b) if the application related to the proposed provision of a housing service other than a relevant housing service—the application is taken to have been withdrawn and no further action is to be taken in relation to it.
'(1) This section applies to an application under the former section 30 that, immediately before the commencement, had not been finally dealt with.
'(2) From the commencement, the application may be dealt with under the former section 30 and the former part 6 as if the amending Act had not commenced.
'(1) A notice given to an accommodation provider under the former section 31 that had not, immediately before the commencement, been finally dealt with may, from the commencement, continue to be dealt with under that section as if the amending Act had not commenced.
'(2) If the chief executive decides to cancel the accommodation provider's registration, the former part 6 applies to that decision as if the decision had been made before the commencement.
'(1) This section applies if, immediately before the commencement, a person held office under the former part 5 as an interim manager of a funded service.
'(2) From the commencement, the person's appointment continues under the former part 5 as if the amending Act had not commenced, until the earlier of the following occurs—
(a) the period of the person's appointment ends;
(b) the chief executive ends the appointment under the former section 47.
'(1) This section applies if, immediately before the commencement—
(a) a person was entitled to be given a notice about a decision by the chief executive to appoint an interim manager under the former part 5, division 2; and
(b) the period during which an application for review of the decision may be made had not ended.
'(2) From the commencement, the application for review may be made and decided as if the amending Act had not commenced.
'From the commencement, an entity mentioned in the former section 127(1) can not be registered under section 127.
'(1) A reference in an Act or document to 'assistance' given by the chief executive under this Act is taken, from the commencement and if the context permits, to be a reference to 'funding'.
'(2) A reference in an Act or document to an 'assistance agreement' under this Act is taken, from the commencement and if the context permits, to be a reference to a 'funding agreement'.
'(3) A reference in an Act or document to a 'funded service' under this Act is taken, from the commencement and if the context permits, to be a reference to a 'housing service for which a funded provider receives funding.'.