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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
COMMUNITY HOUSING PROVIDERS NATIONAL
LAW (TASMANIA) BILL 2013
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Object of Act
4. Interpretation
PART 2 - APPLICATION OF COMMUNITY HOUSING PROVIDERS
NATIONAL LAW
5. Application of Community Housing Providers National Law
6. Meaning of certain terms in Community Housing Providers
National Law for purposes of this jurisdiction
7. Exclusion of legislation of this jurisdiction
8. Housing Agencies
9. Relevant Minister
10. Registrar
11. Delegation of Registrar's functions
12. Transfer of community housing assets
13. Fees
14. Proceedings for offences
15. Regulations
[Bill 5]-I
16. Administration of Act
2
COMMUNITY HOUSING PROVIDERS NATIONAL
LAW (TASMANIA) BILL 2013
(Brought in by the Minister for Human Services, the
Honourable Cassandra Stanwell O'Connor)
A BILL FOR
An Act to apply as a law of this State a national law
relating to the registration and regulation of community
housing providers and for related matters
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Community
Housing Providers National Law (Tasmania)
Act 2013.
2. Commencement
(1) The provisions of this Act commence on a day
or days to be proclaimed.
(2) Different days may be appointed under
subsection (1) for the commencement of
different provisions of the Community Housing
Providers National Law (Tasmania).
[Bill 5] 3
Community Housing Providers National Law (Tasmania) Act
2013
Act No. of
s. 3 Part 1 - Preliminary
3. Object of Act
The object of this Act is to apply as a law of this
State a national law for the registration and
regulation of community housing providers
under a national system of registration.
4. Interpretation
(1) For the purposes of this Act -
the local application provisions of this Act
are the provisions of this Act other than
the Community Housing Providers
National Law (Tasmania).
(2) In the local application provisions of this Act -
Community Housing Providers National Law
(Tasmania) means the provisions
applying in relation to this jurisdiction
because of section 5;
Director of Housing means the person
holding office as Director of Housing
under the Homes Act 1935;
Housing Agency means any of the following:
(a) the Director of Housing;
(b) the responsible Department in
relation to the Homes Act 1935.
(3) Terms used in the local application provisions of
this Act and also in the Community Housing
4
Community Housing Providers National Law (Tasmania) Act
2013
Act No. of
Part 1 - Preliminary s. 4
Providers National Law (Tasmania) have the
same meanings in those provisions as they have
in that Law.
5
Community Housing Providers National Law (Tasmania) Act
2013
Act No. of
s. 5 Part 2 - Application of Community Housing Providers National Law
PART 2 - APPLICATION OF COMMUNITY HOUSING
PROVIDERS NATIONAL LAW
5. Application of Community Housing Providers
National Law
The Community Housing Providers National
Law, as in force from time to time, set out in the
Appendix to the Community Housing Providers
(Adoption of National Law) Act 2012 of New
South Wales -
(a) applies as a law of this jurisdiction; and
(b) as so applying may be referred to as the
Community Housing Providers National
Law (Tasmania); and
(c) so applies as if it were part of this Act.
6. Meaning of certain terms in Community Housing
Providers National Law for purposes of this
jurisdiction
(1) In the Community Housing Providers National
Law (Tasmania) -
Appeal Tribunal means the Magistrates Court
(Administrative Appeals Division);
this jurisdiction means the State of Tasmania.
6
Community Housing Providers National Law (Tasmania) Act
2013
Act No. of
Part 2 - Application of Community Housing Providers National Law s. 7
(2) The relevant appeal period for the purposes of
section 25 of the Community Housing Providers
National Law (Tasmania) is 21 days.
7. Exclusion of legislation of this jurisdiction
The Acts Interpretation Act 1931 does not apply
to the Community Housing Providers National
Law (Tasmania).
8. Housing Agencies
For the purposes of the Community Housing
Providers National Law (Tasmania) -
(a) the Director of Housing and the
responsible Department in relation to the
Homes Act 1935 are declared to be
Housing Agencies in relation to the
definition of community housing asset in
section 4 of that Law; and
(b) the Director of Housing is declared to be
a Housing Agency in relation to section
10(1)(h) and section 20(4) of that Law;
and
(c) the responsible Department in relation to
the Homes Act 1935 is declared to be a
Housing Agency in relation to section
15(2)(c) of that Law.
7
Community Housing Providers National Law (Tasmania) Act
2013
Act No. of
s. 9 Part 2 - Application of Community Housing Providers National Law
9. Relevant Minister
For the purposes of the Community Housing
Providers National Law (Tasmania), the Minister
administering the Homes Act 1935 is declared to
be the relevant Minister.
10. Registrar
(1) For the purposes of the Community Housing
Providers National Law (Tasmania), the
Registrar is declared to be the individual
appointed as Registrar under this section.
(2) The Secretary of the Department may appoint a
State Service officer or State Service employee
employed in the Department as Registrar for the
purposes of the Community Housing Providers
National Law (Tasmania) and that officer or
employee may hold the office of Registrar in
conjunction with State Service employment.
(3) The Secretary of the Department, with the
consent of another Head of Agency, may appoint
a State Service officer or State Service employee
employed in that Agency as Registrar for the
purposes of the Community Housing Providers
National Law (Tasmania) and that officer or
employee may hold the office of Registrar in
conjunction with State Service employment.
(4) The Registrar has power to enter into contracts
with any other person.
8
Community Housing Providers National Law (Tasmania) Act
2013
Act No. of
Part 2 - Application of Community Housing Providers National Law s. 11
11. Delegation of Registrar's functions
(1) For the purposes of section 11 of the Community
Housing Providers National Law (Tasmania), in
addition to the Registrar of a participating
jurisdiction, the persons to whom functions may
be delegated under that section are -
(a) a person employed under the State
Service Act 2000; and
(b) a person, or person of a class of persons,
prescribed by the regulations under this
Act.
(2) Despite subsection (1), investigative functions
may only be delegated to a person referred to in
that subsection who holds a position the duties of
which include the carrying out of investigative
functions and who has been issued by the
Registrar with an identification card that
complies with subsection (3).
(3) An identification card must -
(a) state that it is issued under this Act; and
(b) give the name of the person to whom it is
issued; and
(c) contain a recent photograph of the
person; and
(d) contain a copy of the person's signature;
and
9
Community Housing Providers National Law (Tasmania) Act
2013
Act No. of
s. 12 Part 2 - Application of Community Housing Providers National Law
(e) describe the nature of the powers
conferred; and
(f) state the date (if any) on which it expires;
and
(g) be signed by the Registrar.
(4) In this section -
investigative functions means the functions
conferred on the Registrar by the
conditions of registration referred to in
section 15(2)(e), (f) and (g) of the
Community Housing Providers National
Law (Tasmania).
12. Transfer of community housing assets
Any transfer of community housing assets from
a registered community housing provider to
another registered community housing provider
may only be effected after the first-mentioned
registered community housing provider has
obtained the written agreement of a Housing
Agency referred to in section 8(a).
13. Fees
For the purposes of section 13(4) of the
Community Housing Providers National Law
(Tasmania), the fee is the fee prescribed by the
regulations under this Act.
10
Community Housing Providers National Law (Tasmania) Act
2013
Act No. of
Part 2 - Application of Community Housing Providers National Law s. 14
14. Proceedings for offences
Proceedings for an offence against the
Community Housing Providers National Law
(Tasmania) may be dealt with summarily.
15. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) The regulations may be made so as to apply
differently according to matters, limitations or
restrictions, whether as to time, circumstance or
otherwise, specified in the regulations.
(3) The regulations may -
(a) provide that a contravention of any of the
regulations is an offence; and
(b) in respect of such an offence, provide for
the imposition of a fine not exceeding 50
penalty units.
(4) The regulations may authorise any matter to be
from time to time determined, applied or
regulated by any person or body specified in the
regulations.
16. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
11
Community Housing Providers National Law (Tasmania) Act
2013
Act No. of
s. 16 Part 2 - Application of Community Housing Providers National Law
(a) the administration of this Act is assigned
to the Minister for Human Services; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Health
and Human Services.
12 Government Printer, Tasmania