Victorian Current Acts

HOUSING ACT 1983 - SCHEDULE 7

Schedule 7—Registration of rental housing agencies—registration criteria

The criteria for determining whether a rental housing agency should be registered under Part VIII are as follows—

        1     General

    (1)     The rental housing agency must be a non-profit body.

    (2)     To be registered as a registered housing association the rental housing agency must be a company limited by shares or by guarantee.

    (3)     To be registered as a registered housing provider the rental housing agency must be a company limited by shares or by guarantee or a co-operative or an incorporated association.

    (4)     The rental housing agency must be established to provide affordable rental housing to people on low incomes.

    (5)     Unless the Registrar otherwise approves under section 82 or 103, the rental housing agency must not act as a trustee for any person other than a registered agency.

    (6)     Unless the Registrar otherwise approves under section 82 or 103, the rental housing agency must not be a subsidiary of any body other than a registered agency.

        2     Constitution—objects and powers

    (1)     Subject to subclause (3), the constitution or rules of the rental housing agency must contain the provisions required by this clause.

Objects

    (2)     The rental housing agency's statement of objects must include an object to the effect of one of the following objects—

        (a)     to promote the relief of poverty, sickness or the needs of the aged by providing affordable rental housing to persons in housing need as low-income households, or through infirmity or age; or

        (b)     to promote other purposes beneficial to the community through the provision of affordable housing and associated services.

    (3)     The rental housing agency's statement of objects is not required to include an object set out in subclause (2) if the rental housing agency otherwise satisfies the Registrar that it is a non-profit body.

Powers

    (4)     The rental housing agency's powers must include powers to—

        (a)     acquire, by way of purchase, lease, transfer or otherwise, real property;

Sch. 7 cl. 2(4)(b) amended by No. 40/2022 s. 47.

        (b)     dispose of any real property, subject to the consent of Homes Victoria under section 109 of the Housing Act 1983 ;

Sch. 7 cl. 2(4)(c) amended by No. 40/2022 s. 47.

        (c)     provide security for the payment of money, subject to the consent of Homes Victoria under section 109 of the Housing Act 1983 ;

        (d)     apply for and accept, grants or loans from any Federal, State or local government or authority;

        (e)     enter into contracts and joint ventures with any public or private entity;

        (f)     do anything incidental to or in furtherance of its objects.

        3     Constitution—additional provisions

    (1)     The constitution or rules of the rental housing agency must also include provisions to the effect of the provisions in this clause.

Alteration of Constitution

    (2)     A provision must be included to the effect that the constitution or rules of the rental housing agency may only be amended by special resolution in accordance with the legislation under which the rental housing agency is incorporated.

Agency not to act as trustee without approval

    (3)     A provision must be included to provide that the rental housing agency must not act as trustee for any person other than a registered agency without the written approval of the Registrar under section 82 or 103 of the Housing Act 1983 .

Application of property and income

    (4)     A provision must be included to provide that the assets and income of the rental housing agency must be applied solely for the purposes for which the rental housing agency is incorporated and cannot be distributed directly or indirectly to the members of the rental housing agency except as bona fide compensation for services rendered or expenses incurred on its behalf.

Winding up

    (5)     A provision must be included to provide that in the event of the rental housing agency being wound up, any surplus assets remaining after payment of its liabilities must be transferred to another registered agency under the Housing Act 1983 , approved by the Registrar under that Act, with similar purposes and which is not carried on for the purposes of profit or gain to its members.

        4     Capacity to meet performance standards

To be registered in a particular category, the rental housing agency must demonstrate the capacity to meet the performance standards applicable to that category of agency.

Sch 8 inserted by No. 106/2004 s. 14, amended by Nos 20/2012 s. 226(Sch. 5 item 16(4)), 9/2013 s. 42(Sch.  2 item 11(5)).