HOUSING ACT 1983

Victorian Current Acts

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HOUSING ACT 1983

TABLE OF PROVISIONS

Long Title

PART I--PRELIMINARY

Division 1--Commencement, repeals, interpretations

1. Short title
2. Commencement
3. Repeals and savings
4. Definitions
5. Act binds the Crown

Division 2--Objects

6. Objects

PART II--ADMINISTRATION

Division 1--The Minister

7. Minister to have powers etc. under agreement
8. Advisory committees

Division 2--The Chief Executive Officer, Homes Victoria

9. Chief Executive Officer, Homes Victoria
10. Homes Victoria to be subject to the direction and control of Minister
11. Director to be successor to Housing Commission and Home Finance Trust

Division 3--Homes Victoria Advisory Board

11A. Homes Victoria Advisory Board
11B. Constitution of Advisory Board
11C. Role and functions of Advisory Board
11D. Appointment of Advisory Board members
11E. Vacancy and removal from Advisory Board
11F. Resignation
11G. Meetings of Advisory Board
11H. Advisory Board must provide forward plan to Minister

PART III--POWERS OF HOMES VICTORIA AS TO PROPERTY

13. Ministerial control
14. Power to acquire and dispose of land
15. Power to develop and manage land
16. Power to create and extinguish easements etc.
17. Power to accept donations etc.
18. Provision of movable units

PART IV--POWERS OF HOMES VICTORIA AS TO FINANCE

Division 1--General

19. Ministerial control
20. Power to borrow money
21. Power to lend money
22. Investment of surplus funds[4]
23. Death and disability benefits
24. Power to make grants of money
25. The general fund
26. Project funds
26A. Guarantee, indemnity and security by Homes Victoria[7]
27. Preparation of annual budgets by Homes Victoria

Division 2--Commonwealth–State–Northern Territory Housing Agreements

28A. Definitions
29. Ratification of Commonwealth–State–Northern Territory Housing Agreement 1981
29A. Ratification of 1984 Agreement
30. Homes Victoria appointed agent for performance of Agreement
31. Payment of money to Homes Victoria

PART V--GENERAL

Division 1--Other powers of Homes Victoria

32. Ministerial control
32A. Homes Victoria may enter into joint ventures etc.
32B. Powers of Homes Victoria subsidiaries
33. Homes Victoria may enter into agreements
34. Agreements with municipal councils, regional housing councils and non-trading co‑operative
35. Delegation
36. Parking of vehicles
36A. Insurance[8]

Division 2--Enforcement and miscellaneous provisions

37. Execution of documents
38. Improper interest in contracts
39. Personal liability of officers
40. Giving false information
41. Offences
42. Directions as to prosecutions
43. Service of documents
44. Presumptions
45. Jurisdiction of courts

PART VII--STANDARDS OF HABITATION

62. Definitions[9]
67. Alterations or demolition of house by Council
68. Council may give notice requiring house to be and to remain unoccupied or requiring the occupier to vacate house
68A. Revocation of declaration[15], [16]
71. Powers of entry
72. Incorporation of Schedule 6

PART VIII--THE REGISTRAR AND RENTAL HOUSING AGENCIES

Division 1--Introductory

73. Object of Part

Division 2--The Registrar of Housing Agencies

74. The Registrar of Housing Agencies
75. Term and conditions of appointment
76. Termination of appointment
77. Acting Registrar of Housing Agencies
78. Creation of Registrar as body corporate
79. Functions of Registrar
80. Registrar to be subject to direction and control of Minister

Division 3--Registration of rental housing agencies

81. Application for registration
82. Approval for other functions
83. Further information
84. Registration
85. Category of registration
86. Refusal of registration
87. Change of category of registration
88. Application for review

Division 4--Register of Housing Agencies

89. Establishment of Register
90. What information is to be included in the Register?
91. Changes to information recorded in the Register
92. Searches of the Register

Division 5--Duties and functions of registered agencies

93. Performance standards
94. What can performance standards provide for?
95. Registered agency to comply with performance standards
96. Application to complaints
97. Registered agency to establish complaints procedure
98. Referral of complaints to Registrar
99. Investigation of complaint
100. Direction of Registrar
101. Application for review
102. Change to constitution or rules of agency
103. Approval of changes to functions of registered agency
104. Reports by registered agency
105. Annual reports
106. Declarations by registered agency

Division 6--Powers of Homes Victoria in relation to registered agency land

107. Homes Victoria to have interest in certain registered agency land
108. Registered agency to notify Homes Victoria of acquisition
109. Consent of Homes Victoria required to transfer interest in land
110. Interest may be recorded on title
111. Interest of Homes Victoria to remain even if agency ceases to be registered agency

Division 7--Monitoring of registered agencies

112. Registrar of Housing Agencies is an inspector
113. Appointment of inspectors
114. Inspector's identity card
115. Production of identity card
116. Inspectors may require certain persons to appear, answer questions and produce documents
117. Inspector's powers of entry
118. Search warrant
119. Announcement before entry
120. Details of warrant to be given to occupier
121. Seizure of documents or things not mentioned in the warrant
122. Power of inspector to require information or documents
123. Functions of inspectors in relation to relevant documents
124. Offence—failing to comply with requirements of inspector
125. Protection from incrimination
126. Privilege
127. Report on investigation
128. Secrecy

Division 8--Powers of Registrar

129. Displacement of other laws
130. When powers of Registrar may be exercised
131. Registrar may recommend appointments to governing body of registered agency
132. Registrar may give instructions to registered agency
133. Duties of administrator
134. Agency to notify Registrar of intention to wind up
135. Registrar may indemnify certain persons
136. Registrar may provide financial accommodation to registered agency
137. Financial powers of Registrar
138. Delegation by Registrar
139. Application for review
140. Application for enforcement

Division 9--Revocation of registration

141. Revocation of registration
142. Application for review

PART VIIIA--SOCIAL HOUSING

Division 1--Victorian Housing Register

142A. Establishment of Victorian Housing Register
142B. Form of Victorian Housing Register
142C. What information is to be included in the Victorian Housing Register?
142D. Changes to information recorded in the Victorian Housing Register
142E. Determinations made by Homes Victoria
142F. What is a participating designated service provider or participating registered agency?
142G. Authorisation to access the Victorian Housing Register
142H. Access to the Victorian Housing Register

Division 2--Information sharing

142I. Definitions
142J. Collection, use and disclosure of relevant information permitted in certain circumstances

PART VIIIB--VICTORIAN AFFORDABLE HOUSING PROGRAMS

142JA. VAHP declaration
142JB. Homes Victoria may make VAHP determination
142JC. Homes Victoria powers and functions regarding Victorian Affordable Housing Programs

PART IX--REGULATIONS

143. Regulations

PART X--TRANSITIONAL

144. Power to terminate existing leases
145. Saving of housing finance provisions
146. Advisory Board
147. Amendment of Land Titles Register
149. Change of names
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 3A
FIRST SCHEDULE
SECOND SCHEDULE
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9
ENDNOTES

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