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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Affordable Housing)
Bill 2006
A BILL FOR
An Act to amend the South Australian Housing Trust Act 1995,
the South Australian Co-operative and Community Housing Act 1991,
the Housing and Urban Development (Administrative Arrangements)
Act 1995, the Residential Tenancies Act 1995, the
Housing Improvement Act 1940 and the Development
Act 1993.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of South Australian Housing Trust
Act 1995
4 Amendment of
section 3—Interpretation
5 Substitution of heading
6 Amendment
of section 4—Constitution of SAHT
7 Amendment of
section 5—Functions of SAHT
8 Amendment of
section 7—Specific powers of SAHT
9 Substitution of Part 2
Division 3
Division 3—Specific management duties
9 Specific
management duties
10 Repeal of Part 2 Division 4
11 Amendment of
section 18—Committees
12 Amendment of
section 19—Delegations
13 Amendment of
section 21—Further specific powers of SAHT
14 Insertion of
section 21A
21A Covenants to secure certain
commitments
15 Amendment of section 23—Transfer of
property, etc.
16 Amendment of
section 26—Dividends
17 Amendment of section 27—Accounts and
audit
18 Repeal of sections 30 and 31
19 Insertion of Part 3A
Part
3A—Appeals
32A Interpretation
32B Housing
Appeal Panel
32C Internal
reviews
32D Appeals
20 Insertion of section
42A
42A Annual report
21 Insertion of section
43A
43A Ministerial delegations
Part 3—Amendment of South Australian Co-operative
and Community Housing Act 1991
22 Amendment of
section 3—Interpretation
23 Insertion of
section 6A
6A Functions and powers of
Minister
24 Amendment of section 7—Power of Minister to
delegate
25 Repeal of Part 2 Division 2
26 Substitution of
heading
27 Amendment of section 16—Functions and powers of
SAHT
28 Amendment of section 17—Delegation
29 Repeal of
section 18
30 Amendment of section 18A—Transfer of property,
etc.
31 Amendment of section 18B—Tax and other
liabilities
32 Amendment of
section 18C—Dividends
33 Substitution of sections 19 and
20
19 Accounts and audit
20 Annual
report
34 Amendment of section 21—Registers and
inspection
35 Amendment of section 22—Registration
36 Amendment
of section 25—Amalgamation
37 Amendment of
section 27—Alteration of rules
38 Amendment of
section 28—Powers of a registered housing
co-operative
39 Amendment of section 31—Abolition of doctrine of
constructive notice in relation to registered housing
co-operatives
40 Amendment of section 32—Application for
membership
41 Amendment of section 33—Voting rights of
members
42 Amendment of section 36—Control of payments to members
etc
43 Amendment of section 39—Qualification of a committee member
and vacation of office
44 Amendment of section 47—Preparation of
accounts and audit
45 Amendment of section 48—Accounts and reports
to be laid before annual general meeting
46 Amendment of
section 49—Returns and other information
47 Amendment of
section 50—Right of inspection
48 Amendment of
section 51—Issue of investment shares
49 Amendment of
section 52—Share capital account
50 Amendment of
section 56—Loss or destruction of certificates
51 Amendment of
section 57—Redemption of investment shares
52 Amendment of
section 58—Cancellation of shares
53 Amendment of
section 62—Interpretation
54 Repeal of Part 7 Division
2
55 Amendment of section 64—Financial
transactions
56 Amendment of section 65—Creation of
charge
57 Amendment of section 66—Enforcement of
charge
58 Amendment of section 67—Creation of
option
59 Amendment of section 68—Paying out the
charge
60 Amendment of section 70—Powers of
investigation
61 Amendment of section 71—Grounds for
intervention
62 Amendment of section 72—Appointment of
administrator
63 Amendment of section 74—Winding
up
64 Amendment of section 77—Distribution of assets on winding
up
65 Amendment of section 78—Defunct
co-operatives
66 Amendment of section 79—Outstanding property of
former co-operative
67 Amendment of section 80—Disposal of
outstanding property
68 Amendment of
section 82—Offences
69 Amendment of
section 83—Assistance to tenants
70 Amendment of
section 84—Appeals
71 Amendment of section 88—Persons
under disability
72 Amendment of section 92—Power to reject
documents etc
73 Amendment of section 93—False or misleading
statements
74 Amendment of section 94—General power to grant
extensions and exemptions
75 Amendment of section 95—Ability of
Minister to convene special meetings of co-operatives
76 Amendment of
section 96—Evidentiary provision
77 Amendment of
section 98—Failure to supply appropriate information
78 Amendment
of section 102—Proceedings for offences
79 Amendment of
section 103—Government guarantee
80 Amendment of
section 104—Remissions from taxes etc
81 Amendment of
section 105—Fees in respect of lodging documents
82 Amendment of
section 106—Rule against perpetuities
83 Amendment of
section 107—Regulations
84 Amendment of
Schedule 1—Housing associations
85 Amendment of
Schedule 2—Associated land owners
Part 4—Amendment of Housing and Urban Development
(Administrative Arrangements) Act 1995
86 Amendment of
section 3—Interpretation
87 Amendment of
section 5—Functions
88 Repeal of sections 12 and
13
89 Amendment of section 14—Validity of acts
90 Amendment of
section 17—Staff
91 Amendment of section 21—Specific
powers
92 Amendment of section 23—Transfer of property
etc
Part 5—Amendment of Residential Tenancies
Act 1995
93 Amendment of section 5—Application of
Act
94 Amendment of section 24—Jurisdiction of Tribunal
Part 6—Amendment of Housing Improvement
Act 1940
95 Insertion of section
6
6 Delegation
Part 7—Amendment of Development
Act 1993
96 Amendment of section
3—Objects
97 Amendment of section 23—Development
Plans
98 Amendment of section 30—Strategic Directions
Reports
99 Amendment of section 101A—Councils to establish strategic
planning and development policy committees
Schedule 1—Transitional
provisions
1 Interpretation
2 Public Housing Appeal
Panel
3 Property—SACHA
4 References—SACHA
5 Procedures and
proceedings—SACHA
6 Other provisions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Affordable Housing)
Act 2006.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of South Australian Housing Trust
Act 1995
4—Amendment of
section 3—Interpretation
(1) Section 3(1), definition of board—delete the
definition and substitute:
Chief Executive means the Chief Executive of the Department
and includes the person for the time being acting in that position;
(2) Section 3(1), definition of Department—delete
the definition and substitute:
Department means the administrative unit designated from time
to time by the Minister by notice in the Gazette as being the Department
primarily responsible for assisting the Minister in the administration of this
Act;
(3) Section 3(1), definition of relative—delete
the definition
(4) Section 3(1), definition of SACHA—delete the
definition
(5) Section 3(1), definition of spouse—delete the
definition
(6) Section 3(2)—delete subsection (2)
Heading to Part 2 Division 1—delete the heading to
Division 1 and substitute:
Division 1—Constitution of
SAHT
6—Amendment of
section 4—Constitution of SAHT
Section 4—after subsection (2) insert:
(3) SAHT will be constituted of the Chief Executive.
7—Amendment of
section 5—Functions of SAHT
(1) Section 5(1)(a)—after subparagraph (iv)
insert:
and
(v) supporting initiatives (within the various sectors) to increase the
supply of affordable housing;
(2) Section 5(1)(b) to (e)—delete paragraphs (b) to (e)
(inclusive) and substitute:
(b) to provide houses to meet housing needs, or to support or promote
programs or other initiatives within the private or not-for-profit sectors to
meet housing needs;
(c) to facilitate support for South Australians so as to increase their
ability to achieve successful housing outcomes;
(d) to provide advice to the Minister on—
(i) issues, initiatives or programs associated with the housing needs of
the community; and
(ii) any other issues as the Minister or SAHT thinks fit;
(3) Section 5(3)(a)—delete "public"
(4) Section 5(3)(c)—delete "public"
(5) Section 5(3)(d)—delete "public"
(6) Section 5—after subsection (3) insert:
(4) In conducting its affairs and after taking into account the policies
of the Government, SAHT should meets its aims and objectives through the most
appropriate and effective mechanisms available to it (which mechanisms may
include engaging or funding other bodies or persons to provide or deliver
programs or services so as to result in the best use of the resources available
to SAHT).
8—Amendment of
section 7—Specific powers of SAHT
(1) Section 7(1)(h)—delete paragraph (h) and
substitute:
(h) hold an interest in land under the Community Titles
Act 1996 or the Strata Titles Act 1988 and participate in
the membership or management of any corporation under either Act;
(2) Section 7(1)(j)—delete "organisations" and
substitute:
entities
(3) Section 7(1)(k)—delete paragraph (k) and
substitute:
(k) provide financial, and other, assistance in the public, private and
community housing sectors, subject to the qualification that the provision of
financial assistance will be subject to the approval of the Treasurer;
(4) Section 7—after subsection (2) insert:
(3) The assistance that may be provided under subsection (1)(k) may
include—
(a) the provision of support or payments of money—
(i) by way of grant; or
(ii) by way of loan; or
(iii) by way of funding agreements that involve the provision of financial
benefits or accommodation (whether immediately or over a period of
time);
(b) the transfer of assets or rights.
(4) SAHT may, by arrangement with the appropriate authority, make use of
the services, facilities or staff of a government department, agency or
instrumentality.
9—Substitution of
Part 2 Division 3
Part 2 Division 3—delete Division 3 and
substitute:
Division 3—Specific management
duties
9—Specific management duties
(1) The Chief Executive, in constituting SAHT, is responsible to the
Minister for overseeing the operations of SAHT (and any subsidiary) with the
goal of—
(a) achieving continuing improvements in the provision of secure and
affordable housing; and
(b) providing transparency and value in managing the resources available
to SAHT and meeting Government and community expectations as to probity and
accountability; and
(c) achieving appropriate social objectives and the fulfilment of SAHT's
community service obligations.
(2) Without limiting the effect of subsection (1), the Chief
Executive must for that purpose ensure as far as practicable—
(a) that appropriate strategic and operational plans and targets are
established; and
(b) that SAHT (and any subsidiary) have appropriate management structures
and systems for monitoring management performance against plans and targets and
that corrective action is taken when necessary; and
(c) that appropriate systems and practices are established for management
and financial planning and control, including systems and practices for the
maintenance of accurate and comprehensive records of all transactions, assets
and liabilities and physical and human resources of SAHT (and any subsidiary);
and
(d) that all such plans, targets, structures, systems and practices are
regularly reviewed and revised as necessary to address changing circumstances
and reflect best current commercial practices; and
(e) that the Minister receives regular reports on the performance of SAHT
(and any subsidiary); and
(f) that the Minister is advised, as soon as practicable, of any material
development that affects the financial or operating capacity of SAHT (or any
subsidiary) or gives rise to an expectation that SAHT (or any subsidiary) may
not be able to meet its debts as and when they fall due.
10—Repeal of Part
2 Division 4
Part 2 Division 4—delete Division 4
11—Amendment of
section 18—Committees
(1) Section 18(1), (2) and (3)—delete subsections (1), (2)
and (3) and substitute:
(1) SAHT must establish—
(a) a committee to promote initiatives to increase the supply of
affordable housing within the State; and
(b) such other committees (including advisory committees or subcommittees)
as the Minister may require.
(2) SAHT may establish such other committees (including advisory
committees or subcommittees) as SAHT thinks fit.
(3) Subject to a direction of the Minister, the membership of a committee
will be determined by SAHT.
(2) Section 18(4)(a)—delete "the board" and
substitute:
SAHT
12—Amendment of
section 19—Delegations
(1) Section 19(1)—delete "The board" and substitute:
SAHT or the Chief Executive
(2) Section 19(1)—delete "the board (or SAHT)" and
substitute:
SAHT or the Chief Executive
(3) Section 19(2)(c)—delete "the board from acting itself" and
substitute:
the delegator from acting
13—Amendment of
section 21—Further specific powers of SAHT
Section 21(3)(b)—delete "or SACHA"
After section 21 insert:
21A—Covenants to secure certain
commitments
(1) SAHT may, as a term of an agreement with another party that involves
the provision of financial or other assistance or support in the public, private
or community sectors, require that an instrument of covenant be registered under
this section in relation to specified land.
(2) The covenant—
(a) may do 1 or more of the following:
(i) restrict the use of land and buildings;
(ii) require that land only be occupied by a person who satisfies criteria
specified by the agreement;
(iii) require the disclosure of specified information to—
(A) SAHT;
(B) a person who occupies land;
(C) a person who is seeking to occupy or acquire land;
(iv) make provision for any tenancy or other agreement relating to the
occupation of land;
(v) provide for the management, preservation or development of
land;
(vi) provide that land may only be sold to a person who satisfies criteria
specified in the agreement, and otherwise regulate or restrict the sale of
land;
(vii) make provision for other matters that are contemplated by, or
necessary or expedient for the purposes of, the agreement (whether in the form
of a positive covenant or a negative covenant); and
(b) may be registered and have effect under the terms of this section so
as to bind subsequent owners of the land despite the fact that the covenant does
not benefit land of SAHT.
(3) The Registrar-General must, on an application of a person who is a
party to an agreement under this section, register a covenant under this section
on the relevant instrument of title or, in the case of land not under the
provisions of the Real Property Act 1886, against the
land.
(4) A covenant, once registered, is binding on any person who is for the
time being an owner of the land in relation to which the covenant is registered,
whether or not the person was the person with whom the agreement was made or who
effected the registration of the covenant (and despite any other Act or
law).
(5) An owner of land may, with the consent of, or at the request of, SAHT
or SAHT may, after consultation with an owner of land and in accordance with any
relevant terms of an agreement under subsection (1)—
(a) vary a covenant by registration of an instrument of variation;
or
(b) discharge a covenant by registration of an instrument of
discharge,
(with registration being effected in the same manner as the original
registration of the covenant).
(6) The Registrar-General may, in connection with an application to
register an instrument under subsection (3) or (5)—
(a) require the application to be made in a manner and form determined by
the Registrar-General; and
(b) require the application to be accompanied by such information or other
instrument specified by the Registrar-General; and
(c) require the payment of a fee prescribed by the regulations.
15—Amendment of
section 23—Transfer of property, etc.
(1) Section 23(1)(b)(ii)—delete "or SACHA"
(2) Section 23(3)—delete subsection (3) and substitute:
(3) This section does not limit the operation of another provision of this
or any other Act that allows for the transfer of any asset, right or liability
of SAHT.
16—Amendment of
section 26—Dividends
Section 26(7)—delete "the board of SAHT" and
substitute:
SAHT itself
17—Amendment of
section 27—Accounts and audit
Section 27—after subsection (2) insert:
(2a) Subject to subsection (3), the accounts of SAHT may include accounts
(and related financial information) that relate to the operations of SAHT under
any other Act.
18—Repeal of
sections 30 and 31
Sections 30 and 31—delete the sections
After section 32 insert:
Part 3A—Appeals
32A—Interpretation
(1) In this Part—
Appeal Panel means the Housing Appeal Panel established under
section 32B;
reviewable decision means a decision of SAHT—
(a) on an application to SAHT—
(i) for housing assistance; or
(ii) for priority housing; or
(iii) for rent assistance, or other forms of concessions with respect to
rent, or in relation to a bond; or
(iv) with respect to a matter arising under a tenancy agreement where SAHT
is landlord; or
(b) with respect to any other matter that may—
(i) involve an assessment or decision by SAHT with respect to a person's
housing needs or position; or
(ii) affect a tenant of SAHT; or
(c) with respect to any other matter brought within the ambit of this
definition by the regulations,
but does not include a decision where a complaint against the decision
would fall within the ambit of subsection (2);
tenant includes a former tenant.
(2) The following matters are excluded from the operation of this
Part:
(a) a complaint about a policy of the Government, the Department or SAHT
(as compared to a complaint about whether or not such a policy has been complied
with or implemented in accordance with the terms of the policy);
(b) a complaint about the manner in which a member of the staff of the
Department has acted or behaved (as compared to a complaint about a decision
that has been made by a member of the staff of the Department);
(c) a complaint about a matter that is the subject of proceedings before
the Residential Tenancies Tribunal, or proceedings before a court or another
tribunal constituted by law;
(d) a complaint about a matter that is attributable to a dispute between
neighbours;
(e) a complaint about a matter prescribed by the regulations for the
purposes of this subsection.
32B—Housing Appeal Panel
(1) The Minister must establish a panel to be called the Housing Appeal
Panel.
(2) The Minister may, as the Minister thinks fit, appoint suitable persons
to be members of the Appeal Panel.
(3) The Minister must appoint a person as the Presiding Member of the
Appeal Panel (and may from time to time appoint another member of the Appeal
Panel to be the Acting Presiding Member in the absence of the Presiding
Member).
(4) A member of the Appeal Panel is appointed on conditions determined by
the Minister and for a term, not exceeding 3 years, determined by the
Minister and, at the expiration of the term of appointment, is eligible for
reappointment.
(5) The Minister may remove a member of the Appeal Panel from
office—
(a) for breach of, or non-compliance with, a condition of appointment;
or
(b) for failure or incapacity to carry out official duties satisfactorily;
or
(c) for misconduct.
(6) The office of a member of the Appeal Panel becomes vacant if the
member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) is convicted of an indictable offence or sentenced to imprisonment for
an offence; or
(e) is removed from office under subsection (5).
(7) On the office of a member of the Appeal Panel becoming vacant, the
Minister may appoint a suitable person to the vacant office.
(8) A member of the Appeal Panel is entitled to remuneration, allowances
and expenses determined by the Minister after consultation with the Commissioner
for Public Employment.
(9) A member of the Appeal Panel incurs no civil liability for an honest
act or omission in the performance or exercise, or purported performance or
exercise, of the member's or the Appeal Panel's functions or powers.
(10) A civil liability that would, but for subsection (9), attach to
a member of the Appeal Panel attaches instead to the Crown.
(11) The Appeal Panel may act with respect to—
(a) a matter brought by application under—
(i) this Act; or
(ii) another Act that provides for applications to be made to the Appeal
Panel; or
(b) a matter prescribed by the regulations.
(12) For the purposes of hearing an application (whether under this Act or
another Act), the Appeal Panel will be constituted by—
(a) 2 members; or
(b) 3 members,
as determined by the Presiding Member (either in a particular case or under
a policy set by the Presiding Member from time to time).
(13) The members of the Appeal Panel must comply with any procedures
determined by the Presiding Member after taking into account any operational
guidelines established by the Minister, but to the extent that any matter is not
within a determination of the Presiding Member the members constituting the
Appeal Panel in a particular case may decide or determine any procedural matter
as they think fit.
(14) Where the Appeal Panel is constituted by 3 members, a decision of at
least 2 of the members will be a decision of the Appeal Panel.
(15) Despite a preceding subsection, if a person sitting as a member of
the Appeal Panel dies or is for any other reason unable to continue to sit on
the matter, the remaining members or member (as the case may be) may continue
and complete the proceedings.
(16) The Appeal Panel, in dealing with a matter, is not bound by the rules
of evidence but may obtain information in any manner the Appeal Panel thinks
fit.
32C—Internal reviews
(1) The Chief Executive must establish a review system within the
Department so that a person who is directly affected by a reviewable decision
may, at first instance, apply for an internal departmental review of the
decision.
(2) The system established under subsection (1) must include a
process under which a person who has applied for a review of a reviewable
decision will, at the conclusion of that process, be furnished with a written
statement setting out—
(a) the outcome of the review; and
(b) unless the application has been decided in favour of the
applicant—the reasons for the decision made on the review.
32D—Appeals
(1) Subject to this section, a person who is dissatisfied with the outcome
of a review under section 32C may apply to the Appeal Panel for review of
the decision that applies at the conclusion of the review.
(2) The application must be made within—
(a) the prescribed period after the day on which a written statement
setting out the outcome of the relevant review is furnished under
section 32C; or
(b) such longer period as the Appeal Panel may allow.
(3) The Appeal Panel may decline to hear a matter, or may suspend any
hearing or other consideration of a matter, if the Appeal Panel considers or is
satisfied that—
(a) the matter should be determined or dealt with by way of proceedings in
a court or tribunal, or before another body or authority; or
(b) proceedings have been commenced before the Residential Tenancies
Tribunal, or before a court or other tribunal constituted by law; or
(c) the applicant in the proceedings has failed to take a step relevant to
the conduct or subject matter of the proceedings within a reasonable time;
or
(d) the matter is not suitable for consideration, or further
consideration, by the Appeal Panel for some other reason.
(4) The question to be determined by the Appeal Panel in a particular
matter is whether the decision that has been made is correct and preferable
after taking into account any policy that applies in the relevant case and such
other matters that appear to the Appeal Panel to be appropriate in the
circumstances.
(5) The Appeal Panel must, after hearing an appeal under this section and
conducting such inquiries as the Appeal Panel thinks fit, formulate a
recommendation to the Minister as to whether the decision to which the
proceedings relate should—
(a) be affirmed; or
(b) be varied or revoked; or
(c) be substituted with a new decision.
(6) The Minister may, after taking into account the terms of a
recommendation under subsection (5)—
(a) affirm the relevant decision; or
(b) vary or revoke the relevant decision; or
(c) substitute a new decision for the relevant decision,
(and the Minister's decision will then have effect as a decision of SAHT in
accordance with its terms).
(7) The Minister, in acting under subsection (6)—
(a) is not required to conduct a hearing or to invite submissions;
and
(b) should not depart from the terms of a recommendation except for cogent
reasons.
(8) The Minister must, on making a decision under this section, ensure
that the following information is furnished to the applicant and to
SAHT:
(a) a copy of the recommendation received from the Appeal Panel;
(b) a written statement setting out the Minister's decision and the
reasons for the decision.
(9) The operation of a decision that is the subject of an application
under this section will be stayed pending the outcome of the proceedings
unless—
(a) the Appeal Panel, on its own initiative or on application by SAHT,
determines that the decision may take effect or apply despite the application
(and related proceedings) under this section; or
(b) the decision is within the ambit of a regulation that prescribes a
class or classes of decisions that will take effect or apply despite an
application (and related proceedings) under this section.
After section 42 insert:
42A—Annual report
(1) The Minister must on or before 30 September in each year cause a
report to be prepared on the operation and administration of this Act for the
financial year ending on the preceding 30 June.
(2) The report must incorporate the audited accounts and financial
statements of SAHT.
(3) The report may be combined with an annual report of the Minister under
another Act that is also administered by the Minister.
(4) The Minister must have copies of the report laid before both Houses of
Parliament within 12 sitting days after the report is prepared.
After section 43 insert:
43A—Ministerial delegations
(1) The Minister or the Treasurer may delegate a function or power
conferred on the relevant Minister under this Act—
(a) to a specified person or body; or
(b) to a person occupying a specified office or position.
(2) A delegation—
(a) may be made subject to conditions and limitations specified in the
instrument of delegation; and
(b) if the instrument of delegation so provides, may be further delegated
by the delegate; and
(c) is revocable at will and does not prevent the relevant Minister from
acting personally in a matter.
Part 3—Amendment
of South Australian Co-operative and Community
Housing Act 1991
22—Amendment of
section 3—Interpretation
(1) Section 3(1), definition of Authority—delete
the definition
(2) Section 3(1)—after the definition of capital value
insert:
Chief Executive means the Chief Executive of the Department
and includes the person for the time being acting in that position;
(3) Section 3(1), definition of Department—delete
the definition and substitute:
Department means the administrative unit designated from time
to time by the Minister by notice in the Gazette as being the Department
primarily responsible for assisting the Minister in the administration of this
Act;
(4) Section 3(1), definition of Fund—delete the
definition
Before section 7 insert:
6A—Functions and powers of
Minister
(1) The functions of the Minister include—
(a) to take action (so far as may be appropriate) to support the
activities and promote the best interests of housing co-operatives and housing
associations;
(b) to promote the development of co-operative or community housing in
this State;
(c) to register housing co-operatives and housing associations under this
Act and to oversee and regulate the activities of those co-operatives and
associations;
(d) to arrange for the provision of administrative, managerial,
educational and other services to registered housing co-operatives, secondary
co-operatives and registered housing associations to ensure so far as
practicable that they perform their activities efficiently and
effectively;
(e) to undertake, commission or sponsor research, educational and training
programmes relating to co-operative or community housing;
(f) to publicise the activities of housing co-operatives and housing
associations and disseminate information and statistics on co-operative and
community housing;
(g) to develop links and encourage communication between housing
co-operatives, housing associations and other bodies or organisations that are
interested in the activities of the co-operative and community housing
sector;
(h) to promote the active involvement of people in the development of
co-operative and community housing.
(2) The Minister must prepare and publish guidelines to assist housing
co-operatives that are registered under this Act (and the members of such
co-operatives) to understand their rights and responsibilities under this
Act.
(3) The Minister has such powers as are contemplated by this Act or
necessary or expedient for the effective performance of the Minister's
powers.
24—Amendment of
section 7—Power of Minister to delegate
(1) Section 7(1)(a)—delete "the Authority" and
substitute:
SAHT
(2) Section 7(2)—after paragraph (a) insert:
(ab) if the instrument of delegation so provides, may be further delegated
by the delegate; and
25—Repeal of
Part 2 Division 2
Part 2 Division 2—delete Division 2
Heading to Part 2 Division 3—delete the heading to
Division 3 and substitute:
Division 3—Functions and powers of
SAHT
27—Amendment of
section 16—Functions and powers of SAHT
(1) Section 16(1)—delete "The functions of the Authority are as
follows" and substitute:
The functions of SAHT include—
(2) Section 16(1)(a)—delete paragraph (a) and
substitute:
(a) to assist the Minister in connection with the administration of this
Act and to exercise statutory powers conferred by this Act;
(3) Section 16(1)(c)—delete paragraph (c)
(4) Section 16(1)(d)—delete "the Authority" and
substitute:
SAHT
(5) Section 16(1)(e), (f) and (g)—delete paragraphs (e),
(f) and (g)
(6) Section 16(1)(h)—delete "the Authority's control" and
substitute:
SAHT's control in connection with the operation of this Act
(7) Section 16(1)(i) and (j)—delete paragraphs (i) and
(j)
(8) Section 16(1)(l) and (m)—delete paragraphs (l) and
(m)
(9) Section 16(1)(n)—delete "the Authority" and
substitute:
SAHT
(10) Section 16(2)—delete "the Authority" and
substitute:
SAHT
(11) Section 16(2)—after "functions" insert:
under this Act
(12) Section 16(3)—delete subsection (3) and
substitute:
(3) SAHT may establish such committees (including advisory committees or
subcommittees) as it thinks fit to assist it in the performance of its functions
under this Act.
(13) Section 16(4)—delete "the Authority" and
substitute:
SAHT
(14) Section 16(4)(d)—delete "the Authority" and
substitute:
SAHT in connection with the operation of this Act
(15) Section 16(4)(e)—delete "the Authority's functions" and
substitute:
SAHT's functions under this Act
(16) Section 16(5)—delete subsection (5) and
substitute:
(5) SAHT may, by arrangement with the appropriate authority, make use of
the services, facilities or staff of a government department, agency or
instrumentality.
28—Amendment of
section 17—Delegation
(1) Section 17(1)—delete "The Authority" and
substitute:
SAHT
(2) Section 17(1)—delete "the Authority's" and
substitute:
SAHT's
(3) Section 17(1)(a) and (b)—delete paragraphs (a) and
(b)
(4) Section 17(2)—after paragraph (a) insert:
(ab) if the instrument of delegation so provides, may be further delegated
by the delegate; and
(5) Section 17(2)(b)—delete "the Authority" and
substitute:
SAHT
(6) Section 17(2)(c)—delete "the Authority" and
substitute:
SAHT
(7) Section 17(3) and (4)—delete subsections (3) and
(4)
Section 18—delete the section
30—Amendment of
section 18A—Transfer of property, etc.
(1) Section 18A(1)(a)—delete "the Authority" and
substitute:
SAHT
(2) Section 18A(1)(b)—delete "the Authority" and
substitute:
SAHT
(3) Section 18A(1)(b)(iii)—delete
subparagraph (iii)
(4) Section 18A(3)—delete "the Authority" and
substitute:
SAHT under this Act
31—Amendment of
section 18B—Tax and other liabilities
(1) Section 18B(1)—delete "the Authority" and
substitute:
SAHT
(2) Section 18B(1)—delete "the Authority does not pay to the
Commonwealth" and substitute:
SAHT does not pay to the Commonwealth in connection with its activities
under this Act
(3) Section 18B(2)—delete "the Authority" and
substitute:
SAHT
32—Amendment of
section 18C—Dividends
(1) Section 18C(1)—delete subsection (1) and
substitute:
(1) If the Minister requires SAHT to comply with this section, SAHT must,
before the end of each financial year, recommend to the Minister that SAHT pay a
specified dividend, or not pay a dividend, for that financial year in connection
with its activities under this Act, as SAHT considers appropriate.
(2) Section 18C(2)—delete "the Authority" and
substitute:
SAHT
(3) Section 18C(2)(a)—delete "the Authority" and
substitute:
SAHT
(4) Section 18C(3)—delete "the Authority" wherever occurring
and substitute, in each case:
SAHT
(5) Section 18C(4)—delete "the Authority" and
substitute:
SAHT
(6) Section 18C(5)—delete "the Authority" and
substitute:
SAHT itself
33—Substitution of
sections 19 and 20
Section 19 and 20—delete the sections and substitute:
19—Accounts and audit
(1) SAHT must establish and maintain effective internal auditing of its
operations under this Act.
(2) SAHT must keep proper accounting records of its financial affairs
under this Act, and must have annual statements of accounts prepared in respect
of each financial year.
(3) Subject to subsection (4), the accounts of SAHT under this Act
(and related financial information) may be included as part of the accounts of
SAHT under the South Australian Housing Trust Act 1995.
(4) The accounting records and statements of accounts must comply with any
applicable instructions of the Treasurer under section 41 of the Public
Finance and Audit Act 1987.
(5) The Auditor-General may at any time audit the accounts of SAHT and
must audit the annual statement of accounts (which may, if relevant, be
undertaken as part of the annual audit of accounts under the South Australian
Housing Trust Act 1995).
20—Annual report
(1) The Minister must on or before 30 September in each year cause a
report to be prepared on the operation and administration of this Act for the
financial year ending on the preceding 30 June.
(2) The report must incorporate the audited accounts and financial
statements of SAHT that are relevant to the operation of this Act (which may be
combined with the accounts and financial statements of SAHT under the South
Australian Housing Trust Act 1995).
(3) The report may be combined with the annual report of the Minister
under the South Australian Housing Trust Act 1995.
(4) The Minister must have copies of the report laid before both Houses of
Parliament within 12 sitting days after the report is prepared.
34—Amendment of
section 21—Registers and inspection
(1) Section 21(1)—delete "the Authority must keep" and
substitute:
the Minister must keep, or cause to be kept
(2) Section 21(1)(b)—delete "the Authority" and
substitute:
the Minister
(3) Section 21(2)(a)—delete "kept by the Authority"
(4) Section 21(2)(b)—delete "the Authority" and
substitute:
the Minister
(5) Section 21(2)(c)—delete "the Authority" and
substitute:
the Minister
(6) Section 21(2)(c)(iii)—delete "the Authority" and
substitute:
the Minister
(7) Section 21(3)—delete "the Authority" and
substitute:
the Minister
(8) Section 21(3)(a)—delete "the Authority" and
substitute:
the Minister
35—Amendment of
section 22—Registration
(1) Section 22(1)—delete "the Authority" and
substitute:
the Minister
(2) Section 22(3)—delete "the Authority" wherever occurring and
substitute, in each case:
the Minister
(3) Section 22(3)—delete "it" and substitute:
the Minister
(4) Section 22(4)—delete "the Authority" wherever occurring and
substitute, in each case:
the Minister
(5) Section 22(5)—delete "The Authority" and
substitute:
The Minister
(6) Section 22(5)—delete "in its" and substitute:
in the Minister's
36—Amendment of
section 25—Amalgamation
(1) Section 25(1)(b)—delete "the Authority" and
substitute:
the Minister
(2) Section 25(3)—delete "the Authority" wherever occurring and
substituting, in each case:
the Minister
(3) Section 25(3)—delete "it" and substitute:
the Minister
(4) Section 25(4)—delete "the Authority" wherever occurring and
substituting, in each case:
the Minister
(5) Section 25(5)—delete "The Authority" and
substitute:
The Minister
(6) Section 25(5)—delete "in its opinion" and
substitute:
in the Minister's opinion
37—Amendment of
section 27—Alteration of rules
(1) Section 27(2)—delete "the Authority" and
substitute:
the Minister
(2) Section 27(3)(a)—delete "the Authority" and
substitute:
the Minister
(3) Section 27(4)—delete "the Authority" and
substitute:
the Minister
(4) Section 27(5)—delete "The Authority" and
substitute:
The Minister
(5) Section 27(5)—delete "in its opinion" and
substitute:
in the Minister's opinion
(6) Section 27(5)(b)—delete "the Authority" and
substitute:
the Minister
38—Amendment of
section 28—Powers of a registered housing
co-operative
Section 28(1)(d)—delete "the Authority" and
substitute:
the Minister
39—Amendment of
section 31—Abolition of doctrine of constructive notice in relation
to registered housing co-operatives
Section 31—delete "the Authority" and substitute:
the Minister
40—Amendment of
section 32—Application for membership
Section 32(2)—delete "the Authority" and substitute:
the Minister
41—Amendment of
section 33—Voting rights of members
(1) Section 33(2)—delete "the Authority" and
substitute:
the Minister
(2) Section 33(3)—delete "the Authority" and
substitute:
the Minister
42—Amendment of
section 36—Control of payments to members etc
Section 36(1)—delete "the Authority" and substitute:
the Minister
43—Amendment of
section 39—Qualification of a committee member and vacation of
office
(1) Section 39(5)—delete "the Authority" and
substitute:
the Minister
(2) Section 39(6)—delete "the Authority" and
substitute:
the Minister
44—Amendment of
section 47—Preparation of accounts and audit
(1) Section 47(3)(e)—delete "the Authority" and
substitute:
the Minister
(2) Section 47(7)(a)(iii)—delete "between the Authority and the
co-operative"
(3) Section 47(7)—delete "to the Authority" and
substitute:
to the Minister
(4) Section 47(11), definition of the approved accounting
standards—delete "the Authority" and substitute:
the Minister
45—Amendment of
section 48—Accounts and reports to be laid before annual general
meeting
Section 48(2)—delete "the Authority" and substitute:
the Minister
46—Amendment of
section 49—Returns and other information
(1) Section 49(1)—delete "the Authority" and
substitute:
the Minister
(2) Section 49(2)—delete "the Authority" wherever occurring and
substitute, in each case:
the Minister
(3) Section 49(3)—delete "The Authority" and
substitute:
The Minister
(4) Section 49(3)—delete "the Authority" and
substitute:
the Minister
47—Amendment of
section 50—Right of inspection
Section 50(1)(d)—delete "the Authority" and
substitute:
the Minister
48—Amendment of
section 51—Issue of investment shares
Section 51(2)(b)—delete "the Authority" and
substitute:
the Minister
49—Amendment of
section 52—Share capital account
(1) Section 52(3)(a)—delete "the Authority" and
substitute:
SAHT (to be held by SAHT in an appropriate account)
(2) Section 52(3)(b)—delete "the Authority" wherever occurring
and substitute, in each case:
SAHT
(3) Section 52(4)—delete "the Authority" and
substitute:
the Minister
50—Amendment of
section 56—Loss or destruction of certificates
Section 56(1)—delete "the Authority" and substitute:
the Minister
51—Amendment of
section 57—Redemption of investment shares
(1) Section 57(2)(a)(ii)—delete "the Authority" wherever
occurring and substitute, in each case:
the Minister
(2) Section 57(3)(c)(ii)—delete "the Authority" wherever
occurring and substitute, in each case:
the Minister
(3) Section 57(3)(c)(ii)—delete "its"
(4) Section 57(4)(a)—delete "the Authority" and
substitute:
the Minister
(5) Section 57(7)—delete "the Authority" wherever occurring and
substitute, in each case:
SAHT
52—Amendment of
section 58—Cancellation of shares
(1) Section 58(1)—delete "the Authority" and
substitute:
the Minister
(2) Section 58(2)(a)(ii)—delete "the Authority" wherever
occurring and substitute, in each case:
the Minister
(3) Section 58(4)—delete "the Authority" wherever occurring and
substitute, in each case:
SAHT
53—Amendment of
section 62—Interpretation
Section 62, definition of subsidised
premises—delete "the Authority" and substitute:
—
(a) the South Australian Community Housing Authority (before the amendment
of this section by the Statutes Amendment (Affordable Housing)
Act 2006); or
(b) SAHT.
54—Repeal of Part
7 Division 2
Part 7 Division 2—delete Division 2
55—Amendment of
section 64—Financial transactions
(1) Section 64(1)—delete "The Authority" and
substitute:
SAHT
(2) Section 64(1)—delete "the Authority" wherever occurring and
substitute, in each case:
SAHT
(3) Section 64(2)(b)—delete "the Authority" and
substitute:
SAHT
(4) Section 64(3)—delete "the Authority" wherever occurring and
substitute, in each case:
SAHT
(5) Section 64(4)—delete "the Authority" wherever occurring and
substitute, in each case:
SAHT
56—Amendment of
section 65—Creation of charge
(1) Section 65(1)—delete "The Authority" and
substitute:
SAHT
(2) Section 65(2)—delete "the Authority" and
substitute:
SAHT
(3) Section 65(9)—delete "The Authority" and
substitute:
SAHT
(4) Section 65(10)—delete "the Authority" wherever occurring
and substitute, in each case:
SAHT
57—Amendment of
section 66—Enforcement of charge
(1) Section 66(1)—delete "the Authority" wherever occurring and
substitute, in each case:
SAHT
(2) Section 66(2)(a)(i)—delete "the Authority" and
substitute:
SAHT
(3) Section 66(2)(a)(iv)—delete subparagraph (iv)
(4) Section 66(5)—delete "the Authority" wherever occurring and
substitute, in each case:
SAHT
(5) Section 66(6)(e)—delete "the Authority" and
substitute:
SAHT
(6) Section 66(6)(f)—delete "the Fund" and substitute:
SAHT
(7) Section 66(12)—delete "the Authority" and substitute:
SAHT
58—Amendment of
section 67—Creation of option
(1) Section 67(1)—delete "the Authority" and
substitute:
SAHT
(2) Section 67(2)—delete "the Authority" and
substitute:
SAHT
(3) Section 67(3)—delete "The Authority" and
substitute:
SAHT
(4) Section 67(4)—delete "the Authority" and
substitute:
SAHT
(5) Section 67(5)—delete "the Authority" and
substitute:
SAHT
(6) Section 67(6)—delete "the Authority" wherever occurring and
substitute, in each case:
SAHT
59—Amendment of
section 68—Paying out the charge
(1) Section 68(1)(c)—delete "the Authority" and
substitute:
SAHT
(2) Section 68(1)(c)—delete "in the Fund"
(3) Section 68(1)(d)—delete "the Authority" and
substitute:
SAHT
(4) Section 68(1)(e)—delete "the Authority" and
substitute:
SAHT
(5) Section 68(1)(g)—delete "the Authority" and
substitute:
SAHT
(6) Section 68(1)(h)—delete "the Authority" and
substitute:
the Minister
60—Amendment of
section 70—Powers of investigation
Section 70(1), definition of prescribed matter,
(b)—delete "the Authority" and substitute:
SAHT
61—Amendment of
section 71—Grounds for intervention
(1) Section 71(1)—delete "The Authority" and
substitute:
The Minister
(2) Section 71(2)—delete "the Authority" and
substitute:
the Minister
(3) Section 71(2)(k)—delete "the Authority" and
substitute:
SAHT
(4) Section 71(2)(l)—delete "between the Authority and the
co-operative"
(5) Section 71(2)(n)—delete "the Authority" and
substitute:
the Minister
(6) Section 71(3)—delete "the Authority" wherever occurring and
substitute, in each case:
the Minister
(7) Section 71(5)—delete "Where the Authority" and
substitute:
Where the Minister
(8) Section 71(5)—delete "the Authority may" and
substitute:
the Minister may
(9) Section 71(5)(a)—delete "the Authority" and
substitute:
the Minister
(10) Section 71(5)(h)—delete "with the approval of the
Minister" and substitute:
as the Minister thinks fit
(11) Section 71(5)(i)(i)—delete "of the Authority" and
substitute:
of the Department
(12) Section 71(5)(i)(ii)—delete "the Authority" and
substitute:
the Minister
(13) Section 71(5)(j)—delete "the Authority" and
substitute:
the Minister
(14) Section 71(5)(k)—delete paragraph (k) and
substitute:
(k) determine to initiate steps to wind up the co-operative;
(15) Section 71(6)(b)—delete "the Authority may itself" and
substitute:
the Minister may himself or herself
(16) Section 71(6)(b)—delete "of the Authority" and
substitute:
of the Minister
(17) Section 71(7)—delete "of the Authority" and
substitute:
of the Minister
(18) Section 71(7)—delete "to the Authority" and
substitute:
to the Minister or SAHT
(19) Section 71(8)—delete "Where the Authority" and
substitute:
If the Minister
(20) Section 71(8)—delete "the Authority may, of its" and
substitute:
the Minister may, of his or her
62—Amendment of
section 72—Appointment of administrator
(1) Section 72(1)—delete "the Authority" wherever occurring and
substitute, in each case:
the Minister
(2) Section 72(2)—delete "the Authority" and
substitute:
the Minister
(3) Section 72(7)—delete "the Authority" and
substitute:
the Minister
(4) Section 72(8)—delete "the Authority" and
substitute:
the Minister
(5) Section 72(10)—delete "the Authority" wherever occurring
and substitute, in each case:
the Minister
63—Amendment of
section 74—Winding up
Section 74(8)(a)—delete paragraph (a) and
substitute:
(a) that the Minister has, pursuant to Part 9, determined to initiate
steps to wind up the co-operative; or
64—Amendment of
section 77—Distribution of assets on winding up
(1) Section 77(2)(a)(i)—delete "the Authority" and
substitute:
the Minister or to SAHT
(2) Section 77(4), definition of surplus
assets—delete "the Authority" and substitute:
the Minister, SAHT
65—Amendment of
section 78—Defunct co-operatives
(1) Section 78(1)—delete "the Authority" and
substitute:
the Minister
(2) Section 78(1)—delete "it may" and substitute:
the Minister may
(3) Section 78(2)—delete "the Authority" and
substitute:
the Minister
(4) Section 78(2)—delete "it may" and substitute:
the Minister may
(5) Section 78(3)—delete "the Authority" wherever occurring and
substitute, in each case:
the Minister
66—Amendment of
section 79—Outstanding property of former
co-operative
Section 79(1)—delete "the Authority" and substitute:
SAHT
67—Amendment of
section 80—Disposal of outstanding property
(1) Section 80(1)—delete "the Authority" wherever occurring and
substitute, in each case:
SAHT
(2) Section 80(2)—delete "the Authority" wherever occurring and
substitute, in each case:
SAHT
(3) Section 80(3)—delete "the Authority" wherever occurring and
substitute, in each case:
SAHT
68—Amendment of
section 82—Offences
Section 82—delete "the Authority" and substitute:
the Minister
69—Amendment of
section 83—Assistance to tenants
Section 83—delete "the Authority" and substitute:
SAHT
70—Amendment of
section 84—Appeals
(1) Section 84(a1)—delete the definition of relevant
appeal authority and substitute:
Appeal Panel means the Housing Appeal Panel constituted under
Part 3A of the South Australian Housing Trust
Act 1995.
(2) Section 84(1)(c)—delete "the Authority" and
substitute:
SAHT or the Minister
(3) Section 84(2)—delete "and be addressed to the relevant
appeal authority"
(4) Section 84(3)—delete subsection (3) and substitute:
(3) An application under subsection (1)(a) or (b) will be made to the
Appeal Panel and an application under subsection (1)(c) will be made, at
first instance, to the Chief Executive of the Department.
(5) Section 84(6)—delete "where the Authority is the relevant appeal
authority" and substitute:
where the Appeal Panel is acting on an application under
subsection 1(a) or (b)
(6) Section 84(6)(a)—delete "the Authority" wherever occurring and
substitute, in each case:
the Appeal Panel
(7) Section 84(6)(b)—delete paragraph (b)
(8) Section 84(6)(c)—delete "the Authority" wherever occurring and
substitute, in each case:
the Appeal Panel
(9) Section 84(6)(d)—delete "the Authority" wherever occurring and
substitute, in each case:
the Appeal Panel
(10) Section 84(7), (8) and (9)—delete subsections (7), (8) and
(9) and substitute:
(7) If an application is made under subsection (1)(a) or (b) and the
Appeal Panel is satisfied that an interim order is justified by the urgent
circumstances of the case, the Appeal Panel may make an interim order to
safeguard the position of a person pending the final resolution of the
matter.
(8) An interim order under subsection (7)—
(a) has effect for such period, not exceeding 2 months, as the Appeal
Panel may determine and specifies in the order, and may be renewed by the Appeal
Panel for a further period of up to 2 months;
(b) unless sooner revoked, ceases to have effect on the determination or
resolution of the relevant matter under this section.
(9) The following provisions apply where an application is made under
subsection (1)(c):
(a) the matter must first be considered under a review system that is the
same as the review system that applies under section 32C of the South
Australian Housing Trust Act 1995, subject to the qualification that a
proposal arising from the review to vary or revoke a decision made personally by
the Minister should be referred to the Minister (and the Minister may then take
such action as the Minister thinks fit, including to affirm, vary or revoke his
or her original decision, or to substitute a new decision);
(b) except where a matter is referred to the Minister under
paragraph (a), a housing co-operative may apply to the Appeal Panel for
review of a decision that applies to the housing co-operative at the conclusion
of a review under paragraph (a), subject to the qualification that the
application must be made within—
(i) the prescribed period after the day on which a written statement
setting out the outcome of the relevant review is furnished to the housing
co-operative under the review system; or
(ii) such longer period as the Appeal Panel may allow;
(c) on an appeal—
(i) the question to be determined by the Appeal Panel is whether the
decision that has been made is correct and preferable taking into account any
policy that applies in the relevant case and such other matters that appear to
the Appeal Panel to be appropriate in the circumstances; and
(ii) the Appeal Panel must, after hearing the appeal and conducting such
inquiries as the Appeal Panel thinks fit, formulate a recommendation to the
Minister as to whether the decision to which the proceedings relate
should—
(A) be affirmed; or
(B) be varied or revoked; or
(C) be substituted with a new decision;
(d) on a referral to the Minister under
paragraph (c)—
(i) the Minister may, after taking into account the terms of the
recommendation—
(A) affirm the relevant decision; or
(B) vary or revoke the relevant decision; or
(C) substitute a new decision for the relevant decision,
(and the Minister's decision will then have effect in accordance with its
terms); and
(ii) the Minister, in acting on the referral—
(A) is not required to conduct a hearing or to invite submissions;
and
(B) should not depart from the terms of a recommendation of the Appeal
Panel except for cogent reasons.
(11) Section 84(11)—delete "The relevant authority" and
substitute:
A person or body with authority to act under this section
(12) Section 84—after subsection (11) insert:
(11a) In addition, the Appeal Panel may decline to hear a matter, or may
suspend any hearing or other consideration of a matter, if the Appeal Panel
considers or is satisfied that—
(a) the applicant should have sought to resolve the matter through a
mediation or conciliation process; or
(b) the applicant in the proceedings has failed to take a step relevant to
the conduct or subject matter of the proceedings within a reasonable time;
or
(c) the matter is not suitable for consideration, or further
consideration, by the Appeal Panel for some other reason.
71—Amendment of
section 88—Persons under disability
Section 88(d)—delete "the Authority" and substitute:
the Minister
72—Amendment of
section 92—Power to reject documents etc
(1) Section 92(1)—delete "the Authority" wherever occurring and
substitute, in each case:
the Minister
(2) Section 92(2)—delete "The Authority" and
substitute:
The Minister
(3) Section 92(2)—delete "the Authority" wherever occurring and
substitute, in each case:
the Minister
(4) Section 92(2)—delete "it should" and substitute:
he or she should
(5) Section 92(3)—delete "the Authority" wherever occurring and
substitute, in each case:
the Minister
(6) Section 92(3)—delete "the Authority's" and
substitute:
the Minister's
73—Amendment of
section 93—False or misleading statements
(1) Section 93(1)—delete "the Authority" and
substitute:
the Minister
(2) Section 93(3)—delete "the Authority" and
substitute:
the Minister
74—Amendment of
section 94—General power to grant extensions and
exemptions
(1) Section 94(1)—delete "The Authority" and
substitute:
The Minister
(2) Section 94(1)(b)—delete "with the approval of the
Minister,"
(3) Section 94(2)—delete "the Authority" wherever occurring and
substitute, in each case:
the Minister
(4) Section 94(3)—delete "The Authority" and
substitute:
the Minister
(5) Section 94(4)—delete "the Authority" and
substitute:
the Minister
75—Amendment of
section 95—Ability of Minister to convene special meetings of
co-operatives
(1) Section 95(1)—delete "The Authority" and
substitute:
The Minister
(2) Section 95(1)—delete "its" and substitute:
his or her
(3) Section 95(2)—delete "the Authority" and
substitute:
the Minister
(4) Section 95(3)—delete "the Authority" and
substitute:
the Minister
(5) Section 95(4)—delete "The Authority" and
substitute:
The Minister
(6) Section 95(6)—delete "the Authority" wherever occurring and
substitute, in each case:
the Minister
(7) Section 95(7)—delete "the Authority" and
substitute:
the Minister
(8) Section 95(8)—delete "the Authority" and
substitute:
the Minister
76—Amendment of
section 96—Evidentiary provision
(1) Section 96(1)—delete "the Authority" and
substitute:
the Minister
(2) Section 96(2)—delete "the Authority" and
substitute:
the Minister
(3) Section 96(5)—delete "the Authority" and
substitute:
the Minister
77—Amendment of
section 98—Failure to supply appropriate
information
Section 98(a)—delete "the Authority" and substitute:
the Minister
78—Amendment of
section 102—Proceedings for offences
(1) Section 102(6)(a)(i)—delete "the Authority" and
substitute:
the Minister
(2) Section 102(6)(a)(ii)—delete "the Authority" and
substitute:
the Department
(3) Section 102(8)(d)—delete "the Authority" and
substitute:
the Department
79—Amendment of
section 103—Government guarantee
(1) Section 103(1)—delete "the Authority" and
substitute:
the Minister or SAHT
(2) Section 103(1)—delete "the Fund" and substitute:
funds made available for the purposes of this Act
(3) Section 103(3)—delete "The Authority" and
substitute:
SAHT
80—Amendment of
section 104—Remissions from taxes etc
(1) Section 104(4)(a)—delete paragraph (a) and
substitute:
(a) SAHT, in connection with any matter or circumstance arising under this
Act;
(2) Section 104(4)(b)—delete "the Authority" and
substitute:
the Minister, SAHT
(3) Section 104(4)(c)—delete "the Authority" and
substitute:
the Minister, SAHT
81—Amendment of
section 105—Fees in respect of lodging documents
(1) Section 105(1)—delete "the Authority" wherever occurring
and substitute, in each case:
the Minister
(2) Section 105(2)—delete "the Authority" and
substitute:
the Minister
82—Amendment of
section 106—Rule against perpetuities
Section 106—delete "the Authority" and substitute:
the Minister or SAHT
83—Amendment of
section 107—Regulations
(1) Section 107(2)—delete "the Authority" wherever occurring
and substitute, in each case:
the Minister
(2) Section 107(2)(p)—after "registered housing co-operatives"
insert:
or SAHT and registered housing co-operatives
(3) Section 107(3)—delete "the Authority" and
substitute:
the Minister
(4) Section 107(4)—delete "the Authority" and
substitute:
the Minister
84—Amendment of
Schedule 1—Housing associations
(1) Schedule 1, clause 2(1)—delete "the Authority" and
substitute:
the Minister
(2) Schedule 1, clause 2(3)—delete "the Authority" wherever
occurring and substitute, in each case:
the Minister
(3) Schedule 1, clause 2(3)—delete "it" and substitute:
the Minister
(4) Schedule 1, clause 2(4)—delete "the Authority" wherever
occurring and substitute, in each case:
the Minister
(5) Schedule 1, clause 2(6)—delete "The Authority" and
substitute:
The Minister
(6) Schedule 1, clause 2(6)—delete "in its" and
substitute:
in the Minister's
(7) Schedule 1, clause 4(2)(a)—delete "the Authority" and
substitute:
the Minister
(8) Schedule 1, clause 4(4)(a)(iii)—delete "between the Authority
and the housing association"
(9) Schedule 1, clause 4(4)(a)(iii)—delete "between the Authority
and an associated land owner"
(10) Schedule 1, clause 4(4)—delete "to the Authority" and
substitute:
to the Minister
(11) Schedule 1, clause 4(6)—delete "the Authority" and
substitute:
the Minister
(12) Schedule 1, clause 8(6)—delete "the Authority" and
substitute:
SAHT
(13) Schedule 1, clause 10(1)—delete "The Authority" and
substitute:
The Minister
(14) Schedule 1, clause 10(2)—delete "the Authority" and
substitute:
the Minister
(15) Schedule 1, clause 10(2)(h)—delete "between the Authority and
the housing association"
(16) Schedule 1, clause 10(2)(ha)—delete "between the Authority and
an associated land owner"
(17) Schedule 1, clause 10(2)(j)—delete "the Authority" and
substitute:
the Minister
(18) Schedule 1, clause 10(3)—delete "the Authority" wherever
occurring and substitute, in each case:
the Minister
(19) Schedule 1, clause 10(5)—delete "If the Authority" and
substitute:
If the Minister
(20) Schedule 1, clause 10(5)—delete "the Authority may" and
substitute:
the Minister may
(21) Schedule 1, clause 10(5)(a)—delete "the Authority" and
substitute:
the Minister
(22) Schedule 1, clause 10(5)(h)—delete "with the approval of the
Minister" and substitute:
as the Minister thinks fit
(23) Schedule 1, clause 10(5)(i)(i)—delete "of the Authority" and
substitute:
of the Department
(24) Schedule 1, clause 10(5)(i)(ii)—delete "the Authority" and
substitute:
the Minister
(25) Schedule 1, clause 10(5)(j)—delete "the Authority" and
substitute:
the Minister
(26) Schedule 1, clause 10(5)(k) and (l)—delete paragraphs (k)
and (l) and substitute:
(k) cancel the registration of the housing association under this
Act;
(l) determine to initiate steps to wind up the co-operative;
(27) Schedule 1, clause 10(8)—delete "to the Authority" and
substitute:
to the Minister or SAHT
(28) Schedule 1, clause 10(9)(a)(i)—delete subparagraph (i) and
substitute:
(i) to the Minister or SAHT; or
(29) Schedule 1, clause 10(10)—delete "the Authority" wherever
occurring and substitute, in each case:
the Minister
(30) Schedule 1, clause 11(2)—delete subclause (2) and
substitute:
(2) The ground on which the Minister may issue a certificate for the
winding up of a registered housing association is that the Minister has,
pursuant to this schedule, determined to initiate steps to wind up the housing
association.
(31) Schedule 1, clause 16(c)—delete "the Authority" and
substitute:
the Minister
(32) Schedule 1, clause 16(d)—delete "the Authority" and
substitute:
the Minister and registered housing associations or SAHT
85—Amendment of
Schedule 2—Associated land owners
(1) Schedule 2, clause 1(1)—delete "The Authority" and
substitute:
SAHT
(2) Schedule 2, clause 1(1)—delete "the Authority" and
substitute:
SAHT
(3) Schedule 2, clause 1(2)(b)—delete "the Authority" and
substitute:
SAHT
(4) Schedule 2, clause 2(1)—delete "The Authority" and
substitute:
SAHT
(5) Schedule 2, clause 2(2)—delete "the Authority" and
substitute:
SAHT
(6) Schedule 2, clause 2(6)(c)—delete "the Authority" and
substitute:
SAHT
(7) Schedule 2, clause 2(9)—delete "The Authority" and
substitute:
SAHT
(8) Schedule 2, clause 2(10)—delete "the Authority" wherever
occurring and substitute, in each case:
SAHT
(9) Schedule 2, clause 2(11), definition of subsidised
premises—delete "the Authority" and substitute:
—
(a) the South Australian Community Housing Authority (before the amendment
of this clause by the Statutes Amendment (Affordable Housing)
Act 2006); or
(b) SAHT.
(10) Schedule 2, clause 3(1)—delete "the Authority" wherever
occurring and substitute, in each case:
SAHT
(11) Schedule 2, clause 3(2)(a)(i)—delete "the Authority" and
substitute:
SAHT
(12) Schedule 2, clause 3(2)(a)(iii)—delete subparagraph
(iii)
(13) Schedule 2, clause 3(5)—delete "the Authority" wherever
occurring and substitute, in each case:
SAHT
(14) Schedule 2, clause 3(6)(e)—delete "the Authority" and
substitute:
SAHT
(15) Schedule 2, clause 3(6)(f)—delete "the Fund" and
substitute:
SAHT
(16) Schedule 2, clause 3(12)—delete "the Authority" and
substitute:
SAHT
(17) Schedule 2, clause 4(1)—delete "the Authority" and
substitute:
SAHT
(18) Schedule 2, clause 4(2)—delete "the Authority" and
substitute:
SAHT
(19) Schedule 2, clause 4(3)—delete "The Authority" and
substitute:
SAHT
(20) Schedule 2, clause 4(4)—delete "the Authority" and
substitute:
SAHT
(21) Schedule 2, clause 4(5)—delete "the Authority" and
substitute:
SAHT
(22) Schedule 2, clause 4(6)—delete "the Authority" wherever
occurring and substitute, in each case:
SAHT
(23) Schedule 2, clause 6—delete "the Authority" and
substitute:
SAHT
(24) Schedule 2, clause 7(2)—delete "the Authority" and
substitute:
SAHT
(25) Schedule 2, clause 11(a)—delete "the Authority" and
substitute:
the Minister or SAHT
(26) Schedule 2, clause 11(b)—delete "the Authority" and
substitute:
SAHT
Part 4—Amendment
of Housing and Urban Development (Administrative
Arrangements) Act 1995
86—Amendment of
section 3—Interpretation
(1) Section 3(1), definition of Department—delete
the definition and substitute:
Department means the administrative unit designated from time
to time by the Minister by notice in the Gazette as being the Department
primarily responsible for assisting the Minister in the administration of this
Act;
(2) Section 3(1), definition of SACHA—delete the
definition
87—Amendment of
section 5—Functions
(1) Section 5(a)—delete "provide" and substitute:
facilitate the provision of
(2) Section 5(c) and (d)—delete paragraphs (c) and (d) and
substitute:
(c) to promote planning and development systems that support sustainable
and affordable housing outcomes within the community;
(d) to support the undertaking of development that is consistent with
achieving the housing outcomes that apply under paragraph (c), including by
participating in the scheme established by section 37 of the Development
Act 1993 (to the extent prescribed by regulations under that
section);
(3) Section 5(e)—after "developments" insert:
that affect housing outcomes
(4) Section 5(h)—delete paragraph (h) and substitute:
(h) to ensure that property or other resources within the Minister's
portfolio are managed responsibly and in accordance with the policies of the
Government;
88—Repeal of
sections 12 and 13
Sections 12 and 13—delete the sections
89—Amendment of
section 14—Validity of acts
Section 14(2), (3) and (4)—delete subsections (2), (3) and
(4)
90—Amendment of
section 17—Staff
Section 17(1)—delete "Government Management and Employment
Act 1985" and substitute:
Public Sector Management Act 1995
91—Amendment of
section 21—Specific powers
Section 21(3)(b)—delete ", SAHT or SACHA" and
substitute:
or SAHT
92—Amendment of
section 23—Transfer of property etc
Section 23(1)(b)(iii)—delete "or SACHA"
Part 5—Amendment
of Residential Tenancies
Act 1995
93—Amendment of
section 5—Application of Act
(1) Section 5—after subsection (1) insert:
(1a) The regulations may exclude prescribed classes of agreements that
relate to land owned (wholly or in part) by the South Australian Housing Trust,
or by a subsidiary of the South Australian Housing Trust, from the operation of
subsection (1)(e).
(2) Section 5(2)—delete "the South Australian Aboriginal Housing
Authority" and substitute:
a subsidiary of the South Australian Housing Trust
(3) Section 5(2)—delete "related tenancy disputes" and
substitute:
related disputes
94—Amendment of
section 24—Jurisdiction of Tribunal
Section 24(1)(b)—after the "South Australian Housing Trust"
insert:
or a subsidiary of the South Australian Housing Trust, or arising under
agreements collateral to such tenancies (including such agreements that may
involve a third party)
Part 6—Amendment
of Housing Improvement
Act 1940
After section 5 insert:
6—Delegation
(1) The housing authority may, with the approval of the Minister, delegate
a power or function vested in or conferred on the housing authority under this
Act—
(a) to a specified person; or
(b) to a person occupying a specified office or position.
(2) A delegation under this section—
(a) may be made subject to conditions and limitations specified in the
instrument of delegation; and
(b) is revocable at will and does not prevent the housing authority from
acting itself in a matter.
(3) In addition, a delegation must be revoked at the direction of the
Minister.
Part 7—Amendment
of Development
Act 1993
96—Amendment of
section 3—Objects
Section 3—after paragraph (e) insert:
(ea) to promote or support initiatives to improve housing choice and
access to affordable housing within the community; and
97—Amendment of
section 23—Development Plans
Section 23(3)(a)—after subparagraph (vi) insert:
(vii) the provision of affordable housing within the community;
98—Amendment of
section 30—Strategic Directions Reports
Section 30(1)(c)—after paragraph (iii) insert:
(iiia) implementing affordable housing policies set out in the Planning
Strategy within its area; and
99—Amendment of
section 101A—Councils to establish strategic planning and development
policy committees
Section 101A(2)(b)—after subparagraph (iii) insert:
(iiia) the implementation of affordable housing policies set out in the
Planning Strategy within the area of the council; and
Schedule
1—Transitional provisions
In this Schedule, unless the contrary intention appears—
asset includes—
(a) a present, contingent or future legal or equitable estate or interest
in real or personal property; or
(b) a present, contingent or future right, power, privilege or
immunity;
liability includes a present, contingent or future liability
or obligation (including a non-pecuniary obligation);
SACHA means the South Australian Community Housing
Authority;
SAHT means the South Australian Housing Trust.
(1) A person who, immediately before the commencement of this clause,
holds office as a member of the Public Housing Appeal Panel (being the
panel of that name established by the Minister for Housing, Urban Development
and Local Government Relations in 1995) will be taken to have been appointed as
a member of the Housing Appeal Panel established under Part 3A of the
South Australian Housing Trust Act 1995 (as inserted by this Act)
for the balance of his or her term of appointment to the Public Housing Appeal
Panel (and on the same conditions of appointment).
(2) Any proceedings—
(a) before the Public Housing Appeal Panel; or
(b) before a relevant appeal authority under Part 11 of the South
Australian Co-operative and Community Housing Act 1991 (as it applies
immediately before the commencement of this clause),
will be continued and completed before the Housing Appeal Panel as if they
had been commenced before the Housing Appeal Panel.
(3) The Housing Appeal Panel may make any order or determination in
connection with the operation of subclause (2).
(1) Subject to subclause (2), all assets, rights and liabilities of
SACHA (including under any funding agreement or statutory charge under the
South Australian Co-operative and Community Housing Act 1991), and
all assets and rights arising from the South Australian Community Housing
Development Fund, are transferred to SAHT.
(2) Subclause (1) does not apply to an asset, right or liability
transferred by the Minister, by notice in the Gazette, to—
(a) the Crown; or
(b) the Minister; or
(c) a subsidiary of SAHT; or
(d) another agency or instrumentality of the Crown.
(3) The transfer of assets, rights and liabilities under this clause
operates by force of this clause and despite the provisions of any other
law.
(4) The Registrar-General or another authority required or authorised
under a law of the State to register or record transactions affecting assets,
rights or liabilities, or documents relating to such transactions, must, on
application under this clause, register or record in an appropriate manner a
transfer and vesting under this clause.
(5) No fee is payable in respect of an application under
subclause (4).
(1) Subject to subclause (2), all references in any instrument or
contract, agreement or other document to SACHA will have effect as if it were a
reference to—
(a) SAHT; or
(b) if the Minister so determines by notice in the Gazette—the
Minister.
(2) Subclause (1) does not apply to any reference excluded by the
Minister by notice in the Gazette.
(3) Subclause (1) has effect despite the provisions of any other law
or instrument.
5—Procedures and
proceedings—SACHA
Any procedure or proceedings commenced by SACHA before the commencement of
this clause but which had not been finally determined at the commencement of
this clause may be continued or completed by the Minister or by SAHT.
(1) Nothing done under this Schedule—
(a) constitutes a breach of, or default under, an Act or other law;
or
(b) constitutes a breach of, or default under, a contract, agreement,
understanding or undertaking; or
(c) constitutes a breach of a duty of confidence (whether arising by
contract, in equity or by custom or in any other way); or
(d) constitutes a civil or criminal wrong; or
(e) terminates an agreement or obligation or fulfils any condition that
allows a person to terminate an agreement or obligation, or gives rise to any
other right or remedy; or
(f) releases a surety or other obligee wholly or in part from an
obligation.
(2) The Governor may, by regulation, make any other provision of a saving
or transitional nature consequent on the enactment of this Act.
(3) The Acts Interpretation Act 1915 will, except to the
extent of any inconsistency with the provisions of this Schedule, apply with
respect to the amendments effected by this Act.