Victorian Current Acts Victorian Current ActsNo. 10020 of 1983
Version incorporating amendments as at
10 May 2023
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Version No. 080
No. 10020 of 1983
Version incorporating amendments as at
10 May 2023
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Housing Act 1983 was assented to on 13 December 1983 and came into operation on 1 January 1984: Government Gazette 21 December 1983 page 4045.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act.
See
section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Housing Act 1983 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Housing (Commonwealth-State-Northern Territory Agreement) Act 1985, No. 10259/1985
|
Assent Date: |
10.12.85 |
|
Commencement Date: |
10.12.85 |
|
Current State: |
All of Act in operation |
Courts Amendment Act 1986, No. 16/1986
|
Assent Date: |
22.4.86 |
|
Commencement Date: |
S. 30(Sch.) on 1.7.86: Government Gazette 25.6.86 p. 2180 |
|
Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Land Acquisition and Compensation Act 1986, No. 121/1986
|
Assent Date: |
23.12.86 |
|
Commencement Date: |
29.11.87: Government Gazette 25.11.87 p. 3224 |
|
Current State: |
All of Act in operation |
Road Safety Act 1986, No. 127/1986
|
Assent Date: |
23.12.86 |
|
Commencement Date: |
S. 102 on 1.3.87: Government Gazette 25.2.87 p. 445; Sch. 4 item 13 on 1.7.87: Special Gazette (No. 27) 25.6.87 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Housing (Amendment) Act 1987, No. 26/1987
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Assent Date: |
12.5.87 |
|
Commencement Date: |
12.5.87 |
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Current State: |
All of Act in operation |
State Superannuation Act 1988, No. 50/1988
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Assent Date: |
24.5.88 |
|
Commencement Date: |
S. 93(2) on 1.7.88: Government Gazette 1.6.88 p. 1487 |
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Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Subdivision Act 1988, No. 53/1988 (as amended by No. 47/1989)
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Assent Date: |
31.5.88 |
|
Commencement Date: |
30.10.89: Government Gazette 4.10.89 p. 2532 |
|
Current State: |
All of Act in operation |
Local Government (Consequential Provisions) Act 1989, No. 12/1989
|
Assent Date: |
9.5.89 |
|
Commencement Date: |
S. 4(1)(Sch. 2 items 61.1–61.9) on 1.11.89: Government Gazette 1.11.89 p. 2798; s. 4(1)(Sch. 2 item 61.10) on 1.10.92: Government Gazette 23.9.92 p. 2489 |
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Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Transfer of Land (Computer Register) Act 1989, No. 18/1989
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Assent Date: |
16.5.89 |
|
Commencement Date: |
3.2.92: Government Gazette 18.12.91 p. 3488 |
|
Current State: |
All of Act in operation |
Transport (Amendment) Act 1989, No. 44/1989
|
Assent Date: |
6.6.89 |
|
Commencement Date: |
S. 41(Sch. 2 item 21) on 1.7.89: s. 2(1) |
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Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
|
Assent Date: |
14.6.89 |
|
Commencement Date: |
S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 |
|
Current State: |
All of Act in operation |
Borrowing and Investment Powers (Amendment) Act 1993, No. 99/1993
|
Assent Date: |
23.11.93 |
|
Commencement Date: |
Pt 1 (ss 1–3) on 23.11.93: s. 2(1); rest of Act on 24.5.94: s. 2(3) |
|
Current State: |
All of Act in operation |
Financial Management Act 1994, No. 18/1994
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Assent Date: |
10.5.94 |
|
Commencement Date: |
Pt 1 (ss 1–8), ss 60, 61 on 10.5.94: s. 2(1); rest of Act on 1.7.94: s. 2(2) |
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Current State: |
All of Act in operation |
Catchment and Land Protection Act 1994, No. 52/1994
|
Assent Date: |
15.6.94 |
|
Commencement Date: |
Ss 1, 2 on 15.6.94: s. 2(1); ss 3–5, Pt 2, Sch. 1 on 30.9.94 Government Gazette 29.9.94 p. 2306; rest of Act on 15.12.94: s. 2(3) |
|
Current State: |
All of Act in operation |
Financial Management (Amendment) Act 1994, No. 75/1994
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Assent Date: |
22.11.94 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Housing (Amendment) Act 1996, No. 20/1996
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Assent Date: |
2.7.96 |
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Commencement Date: |
28.5.96: s. 2 |
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Current State: |
All of Act in operation |
Co-operatives Act 1996, No. 84/1996
|
Assent Date: |
23.12.96 |
|
Commencement Date: |
S. 465, s. 467(Sch. 6 item 8) on 1.10.97: Special Gazette (No. 122) 1.10.97 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Audit (Amendment) Act 1997, No. 93/1997
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Assent Date: |
16.12.97 |
|
Commencement Date: |
S. 28(Sch. item 16) on 1.7.98: s. 2(2) |
|
Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Residential Tenancies Act 1997, No. 109/1997
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Assent Date: |
23.12.97 |
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Commencement Date: |
S. 533(Sch. 2 item 4) on 1.7.98: Government Gazette 18.6.98 p. 1512 |
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Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
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Assent Date: |
26.5.98 |
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Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Transfer of Land (Single Register) Act 1998, No. 85/1998
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Assent Date: |
17.11.98 |
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Commencement Date: |
S. 24(Sch. item 34) on 1.1.99: s. 2(3) |
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Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001
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Assent Date: |
8.5.01 |
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Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Housing (Housing Agencies) Act 2004, No. 106/2004
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Assent Date: |
21.12.04 |
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Commencement Date: |
Ss 3–5, 7–12, 14 on 1.1.05: s. 2(1); s. 13 on 5.4.05: s. 2(3); ss 6, 15 on 1.7.05: s. 2(2) |
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Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Public Administration Act 2004, No. 108/2004
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Assent Date: |
21.12.04 |
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Commencement Date: |
S. 117(1)(Sch. 3 item 100) on 5.4.05: Government Gazette 31.3.05 p. 602 |
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Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Treasury Legislation (Repeal) Act 2005, No. 73/2005
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Assent Date: |
25.10.05 |
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Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006
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Assent Date: |
13.6.06 |
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Commencement Date: |
S. 94(Sch. item 27) on 1.7.06: Government Gazette 29.6.06 p. 1315 |
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Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006
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Assent Date: |
10.10.06 |
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Commencement Date: |
S. 26(Sch. item 51) on 11.10.06: s. 2(1) |
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Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009
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Assent Date: |
24.11.09 |
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Commencement Date: |
S. 97(Sch. item 67) on 1.1.10: Government Gazette 10.12.09 p. 3215 |
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Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)
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Assent Date: |
2.3.10 |
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Commencement Date: |
S. 203(1)(Sch. 6 item 25) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Associations Incorporation Reform Act 2012, No. 20/2012
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Assent Date: |
1.5.12 |
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Commencement Date: |
S. 226(Sch. 5 item 16) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Co-operatives National Law Application Act 2013, No. 9/2013
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Assent Date: |
13.3.13 |
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Commencement Date: |
S. 42(Sch. 2 item 11) on 3.3.14: Special Gazette (No. 46) 18.2.14 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Statute Law Revision Act 2013, No. 70/2013
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Assent Date: |
19.11.13 |
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Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Victoria Police Amendment (Consequential and Other Matters) Act 2013, No. 37/2014
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Assent Date: |
3.6.14 |
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Commencement Date: |
S. 10(Sch. item 81) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |
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Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Housing Amendment (Victorian Housing Register and Other Matters) Act 2016, No. 75/2016
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Assent Date: |
13.12.16 |
|
Commencement Date: |
Ss 4–10 on 21.12.16: Special Gazette (No. 389) 20.12.16 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Oaths and Affirmations Act 2018, No. 6/2018
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Assent Date: |
27.2.18 |
|
Commencement Date: |
S. 68(Sch. 2 item 67) on 1.3.19: s. 2(2) |
|
Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Residential Tenancies Amendment Act 2018, No. 45/2018 (as amended by Nos 11/2020, 25/2020)
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Assent Date: |
18.9.18 |
|
Commencement Date: |
S. 375 on 29.3.21: Special Gazette (No. 42) 27.1.21 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Guardianship and Administration Act 2019, No. 13/2019
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Assent Date: |
4.6.19 |
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Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019
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Assent Date: |
2.7.19 |
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Commencement Date: |
S. 179 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Transport Legislation Amendment Act 2019, No. 49/2019
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Assent Date: |
3.12.19 |
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Commencement Date: |
S. 186(Sch. 4 item 21) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Local Government Act 2020, No. 9/2020
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Assent Date: |
24.3.20 |
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Commencement Date: |
S. 390(Sch. 1 item 54.1) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 item 54.2) on 1.7.21: s. 2(4) |
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Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022
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Assent Date: |
29.3.22 |
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Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Residential Tenancies, Housing and Social Services Regulation Amendment (Administration and Other Matters) Act 2022, No. 40/2022
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Assent Date: |
6.9.22 |
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Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
Statute Law Amendment Act 2023, No. 6/2023
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Assent Date: |
9.5.23 |
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Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Housing Act 1983 |
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] S. 20(1): Section 24 of the Borrowing and Investment Powers (Amendment) Act 1993, No. 99/1993 (repealed) read as follows:
24 Transitional provisions
(1) A provision of an Act amended by a preceding section in this Part (other than section 23) continues to apply to or in respect of—
(a) moneys borrowed or re-borrowed, loans, advances and financial accommodation obtained and financial arrangements entered into and any other thing done under borrowing powers or powers to obtain financial accommodation conferred by the Act before the commencement of that section; and
(b) moneys borrowed or re-borrowed, loans, advances and financial accommodation obtained and any other thing done under borrowing powers or powers to obtain financial accommodation conferred by the Act after that commencement, pursuant to arrangements entered into before that commencement; and
(c) the investment of moneys or exercise of powers made before the commencement of that section—
as if that section had not been enacted.
(2) A guarantee given by or on behalf of the Government or State of Victoria or by the Treasurer and in force under an Act amended by a preceding section in this Part (other than section 23) before the commencement of that section has effect and may be enforced as if the guarantee were a contract made on behalf of the Crown and section 23(1)(a) of the Crown Proceedings Act 1958 applied accordingly.
[2] S. 20(2) (repealed): See note 1.
[5] S. 22(1): The proposed amendment to section 22(1) by the Financial Management Act 1994, No. 18/1994 section 66(Schedule 2 item 8(a)) is not included in this publication due to the substitution of subsection (1) by section 16(3) of the Borrowing and Investment Powers (Amendment) Act 1993, No. 99/1993.
[6] S. 26 (original repealed): See note 1.
[8] S. 36A: Section 10 of the Housing (Amendment) Act 1987, No. 26/1987 (repealed) read as follows:
10 Validation
Any contract of insurance entered into before the commencement of section 9 which would have been valid if section 9 had been in operation at the time it was entered into has the same effect as it would have if section 9 had been in operation at that time.
[9] S. 62: Sections 14–16,
19 of the Housing (Amendment) Act 1996,
No. 20/1996 (repealed)
read as follows:
14 Saving provision—Regulations
Despite the repeal of section 63(1) of the Principal Act, the Housing (Standard of Habitation) Regulations 1985 as in force immediately before the commencement of this Act are deemed to have continued in force in respect of any declaration as defined in section 62 of the Principal Act.
15 Saving provision—Declarations
Subject to section 68A of the Principal Act, nothing in this Act affects a declaration (as defined in section 62 of the Principal Act) that was in force immediately before the commencement of this Act.
16 Saving provision—Appeals
Nothing in this Act affects the right of a person under section 65(1) of the Principal Act to appeal against a declaration (as defined in section 62 of the Principal Act) that was made before the commencement of this Act.
19 Transitional provision—section 68
A notice served by the Director under section 68(1) of the Principal Act as in force immediately before the commencement of this Act continues in force until the Council—
(a) issues a certificate of clearance in writing certifying that the house has been made to comply with the regulations as defined in section 62 of the Principal Act; or
(b) revokes the declaration under section 68A of the Principal Act.
[10] Ss 63–66:
S. 63 amended by No. 26/1987 s. 11(2), repealed by No. 20/1996 s. 6.
S. 63(1) (repealed): See note 9.
S. 64 amended by No. 26/1987 s. 11(2), repealed by No. 20/1996 s. 6.
S. 65 amended by Nos 26/1987 ss 13(1)–(4), 21, 57/1989 s. 3(Sch. item 97.3), repealed by No. 20/1996 s. 6.
S. 65(1) (repealed): See note 9.
S. 66 amended by No. 26/1987 ss 11(2), 21, repealed by No. 20/1996 s. 6.
S. 66(1) (repealed): Sections 17, 18 of the Housing (Amendment) Act 1996, No. 20/1996 (repealed) read as follows:
17 Saving provision—Directions
Subject to section 68A of the Principal Act, nothing in this Act affects any directions issued under section 66(1) of the Principal Act (or any corresponding previous enactment) and in force immediately before the commencement of this Act.
18 Transitional provisions—section 67
Nothing in this Act prevents the Director from—
(a) enforcing a charge under section 67(2) of the Principal Act as in force immediately before the commencement of this Act on land the subject of a direction under section 66(1) as so in force;
(b) recovering any expenses incurred under section 67(1) of the Principal Act as in force immediately before the commencement of this Act or any interest accrued under section 67(2A) of the Principal Act as so in force in respect of such expenses.
[11] S. 67(1): Sections 17, 18 of the Housing (Amendment) Act 1996, No. 20/1996 (repealed) read as follows:
17 Saving provision—Directions
Subject to section 68A of the Principal Act, nothing in this Act affects any directions issued under section 66(1) of the Principal Act (or any corresponding previous enactment) and in force immediately before the commencement of this Act.
18 Transitional provisions—section 67
Nothing in this Act prevents the Director from—
(a) enforcing a charge under section 67(2) of the Principal Act as in force immediately before the commencement of this Act on land the subject of a direction under section 66(1) as so in force;
(b) recovering any expenses incurred under section 67(1) of the Principal Act as in force immediately before the commencement of this Act or any interest accrued under section 67(2A) of the Principal Act as so in force in respect of such expenses.
[13] S. 67(2A): See note 11.
[17] S. 69 (repealed): Section 20 of the Housing (Amendment) Act 1996, No. 20/1996 (repealed) read as follows:
20 Saving provision—section 69
Despite the repeal of section 69 of the Principal Act, nothing in this Act affects the right of a purchaser to rescind, or recover damages from the owner in respect of, a contract entered into before the commencement of this Act.
[18] S. 70(1) (repealed): Section 21 of the Housing (Amendment) Act 1996, No. 20/1996 (repealed) read as follows:
21 Saving provision—section 70
A certificate issued by the Director under section 70(1) of the Principal Act as in force immediately before the commencement of this Act continues to be conclusive proof of the matters referred to in section 70(2) of the Principal Act as so in force.
[19] S. 70(2) (repealed): See note 18.
[20] S. 71A (repealed): Section 22 of the Housing (Amendment) Act 1996, No. 20/1996 (repealed) read as follows:
22 Saving provision—section 71A
Despite the repeal of section 71A of the Principal Act, nothing in this Act affects any immunity acquired in respect of a declaration referred to in that section.