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HOUSING AND OTHER LEGISLATION AMENDMENT ACT 2013 No. 5 - SECT 57

57 Amendment of sch 4 (Dictionary)

(1) Schedule 4, as renumbered, definitions assistance agreement, funded service, housing service, nonprofit corporation, public housing, register, registered provider and registration—

omit.

(2) Schedule 4—

insert—

'accommodation provider, for part 10, division 7, see section 156.

additional standard condition see section 37E.

amending Act, for part 10, division 7, see section 156.

ancillary housing service see section 8(5).

application period, for part 10, division 7, see section 156.

appropriately qualified, for a person who is appointed to an office or to whom a function or power may be delegated includes having the qualifications, experience or standing appropriate to perform the functions of the office or to exercise the delegated function or power.

binding instructions see section 38B.

business, for part 5, see section 39.

category of registration, for a national provider, means a category of registration under the guidelines mentioned in section 36H.

commencement, for part 10, division 7, see section 156.

community housing asset means—
(a) for a national provider—a national community housing asset; or
(b) for a state provider—a state community housing asset.

community housing service see section 8(3).

corresponding law means a law of a jurisdiction that contains provisions that substantially correspond to the provisions of part 4A.

exempt provider means a person or entity—

(a) not registered under part 4A; and
(b) prescribed as being eligible to receive funding to provide—
(i) a particular social housing service in this jurisdiction; or
(ii) any social housing service in this jurisdiction.

existing assistance agreement, for part 10, division 7, see section 156.

former, for part 10, division 7, see section 156.

former Act, for part 10, division 7, see section 156.

funded ancillary provider, for part 5, see section 39.

funded property, for part 5, see section 39.

funded provider see section 21(2).

funding see section 21(1).

funding agreement see section 25.

housing agency means each of the following—

(a) for this jurisdiction—the chief executive as agent for the State;
(b) for another participating jurisdiction—the body or officer declared by the corresponding law of that jurisdiction to be a housing agency for the jurisdiction.

housing service see section 8(1).

interim manager means a person appointed under section 40 as interim manager for the business of a funded ancillary provider.

national community housing asset means any of the following assets of a national provider, regardless of when the provider acquired it—

(a) land—
(i) transferred to the national provider under this Act by the chief executive, another national provider or a state provider; or
(ii) vested in the national provider under a corresponding law of a participating jurisdiction;
(b) land acquired by the national provider wholly or partly with—
(i) funding provided to the provider by the chief executive; or
(ii) financial or other assistance given to the provider by a housing agency of another participating jurisdiction;
(c) land held by the national provider on which housing has been constructed, or to which another improvement has been made—
(i) by the chief executive or using funding provided by the chief executive; or
(ii) by a housing agency of another participating jurisdiction;
(d) a national provider receipt;
(e) an amount paid to the national provider—
(i) by the chief executive under a funding agreement that remains unexpended when the funding agreement is terminated or otherwise ends; or
(ii) by the housing agency of another participating jurisdiction under an agreement that corresponds to a funding agreement, that remains unexpended when the agreement is terminated or otherwise ends; or
(f) any other asset of the national provider that is of a class of assets declared by this Act or a corresponding law of another participating jurisdiction applying to the provider, or is prescribed, as a community housing asset for the purposes of the Act or the corresponding law.

national entity means each of the following entities that provides, or intends to provide, a community housing service—

(a) a company limited by shares or guarantee under the Corporations Act 2001 (Cwlth);
(b) an Aboriginal and Torres Strait Islander corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth);
(c) a body corporate, cooperative or incorporated association established under legislation of the Commonwealth or a State.

national provider means a national entity registered on the national register.

national provider receipt means any of the following—

(a) funds in the form of grants, loans or other financial assistance paid to a national provider by the chief executive or the housing agency of another participating jurisdiction;
(b) rent or other income, including proceeds of sale, from property—
(i) transferred or leased by the chief executive or a housing agency of another participating jurisdiction to a national provider for the purpose of providing a community housing service; or
(ii) bought or leased by a national provider using, entirely or partly, funds of the kind mentioned in paragraph (a) or by other receipts obtained by a national provider for a community housing service;
(c) fees received by a national provider for providing goods or services in the course of providing a community housing service;
(d) interest received by a national provider on an amount mentioned in paragraphs (a) to (c).

national register means the register of national entities providing community housing services established under section 37(1).

notice of intent to cancel registration see section 38C.

notice of noncompliance see section 38A.

other registered provider, for part 10, division 7, see section 156.

participating jurisdiction means a jurisdiction in which a corresponding law applies as a law of the jurisdiction.

prescribed state provider means an entity, or class of entity, other than a local government or a national entity, that—

(a) is providing, or intends to provide, a community housing service in this jurisdiction; and
(b) is prescribed as being eligible to be registered on the state register.

primary jurisdiction see section 36A.

primary registrar, for a national provider, or a national entity providing or intending to provide a community housing service, means the registrar of the provider or entity's primary jurisdiction.

public housing see section 8(4).

registered provider means each of the following—

(a) a national provider;
(b) a state provider.

registrar means the person appointed under section 36D as the registrar.

registrar of another participating jurisdiction means the registrar appointed under the corresponding law of another participating jurisdiction as the registrar for that jurisdiction.

registration means registration under part 4A.
relevant agreement, for part 5, see section 39.
relevant asset, for part 10, division 7, see section 156.

relevant housing service, for part 10, division 7, see section 156.

relevant property, for part 10, division 7, see section 156.
relevant receipts, for part 10, division 7, see section 156.
social housing service see section 8(2).

state community housing asset means any of the following assets of a state provider, regardless of when the provider acquired it—

(a) land transferred to the state provider under this Act by the chief executive, a national provider or another state provider;
(b) land acquired by the state provider wholly or partly with funding provided by the chief executive;
(c) land held by the state provider on which housing has been constructed, or other improvements made—
(i) by the chief executive or
(ii) using funding provided by the chief executive;
(d) a state provider receipt;
(e) an amount paid to the state provider by the chief executive under a funding agreement that remains unexpended when the funding agreement is terminated or otherwise ends;
(f) any other asset of the state provider that is of a class of assets declared by this Act, or prescribed, to be a state community housing asset.

state provider means a local government or a prescribed state provider registered on the state register.

Note—
'Local government' is defined in the Acts Interpretation Act 1954, section 36 to mean the Brisbane City Council or a local government under the Local Government Act 2009. Under the Local Government Act 2009, an indigenous regional council is a local government.

state provider receipt means any of the following—

(a) funding in the form of grants, loans or other financial assistance paid to a state provider by the chief executive;
(b) rent or other income, including proceeds of sale, from property—
(i) transferred or leased by the chief executive to a state provider for the purpose of providing a community housing service; or
(ii) bought or leased by a state provider using, entirely or partly, funds of the kind mentioned in paragraph (a) or by other receipts obtained by a state provider for a community housing service;
(c) fees received by a state provider for providing goods or services in the course of providing a community housing service;
(d) interest received by a state provider on an amount mentioned in paragraphs (a) to (c).

state register means the register of local governments and prescribed state providers providing community housing services established under section 37(3).

statutory manager see section 38D.

transitional period, for part 10, division 7, see section 156.'.



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