(1) The Minister, by Order published in the Government Gazette, may declare an affordable housing program to be a Victorian Affordable Housing Program.
(2) A VAHP declaration may only be made if the State or the Commonwealth provides or has provided the affordable housing program to which the declaration applies with the funding, land, a subsidy or an incentive (including any planning incentive or tax incentive) as a contribution to—
(a) the construction, acquisition, management, provision of or accommodation in, affordable housing or affordable rental housing; or
(b) the acquisition or management of land used for affordable housing or affordable rental housing.
(3) A VAHP declaration must—
(a) describe the scope and purpose of the Victorian Affordable Housing Program; and
Example
Affordable housing for teachers in regional areas.
(b) specify that participation in the Victorian Affordable Housing Program is subject to the requirements set out in relation to the Victorian Affordable Housing Program in any relevant VAHP determination; and
(c) specify the date on which the declaration comes into operation, which must be a date after the date on which it is published in the Government Gazette; and
Note
See subsection (1) for the requirement to be published in the Government Gazette.
(d) be published on the Department's Internet site.
(4) A VAHP declaration may specify all or any of the following—
(a) details as to the requirements for participation in the Victorian Affordable Housing Program, including but not limited to eligibility criteria;
(b) matters that must be included in any VAHP determination applying to the Victorian Affordable Housing Program to which the VAHP declaration applies;
(c) the date on which the VAHP declaration expires;
(d) any other matter the Minister considers relevant or appropriate.
Note
See section 27 of the Interpretation of Legislation Act 1984 in relation to the power to repeal (which pursuant to section 3 of that Act includes revocation) or amend a subordinate instrument.
S. 142JB inserted by No. 40/2022 s. 26.