Western Australian Current Acts

GOVERNMENT EMPLOYEES' HOUSING ACT 1964 - NOTES

Notes

¹ This is a compilation of the Government Employees’ Housing Act 1964 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Short title	Number and year	Assent	Commencement
Government Employees’ Housing Act 1964	95 of 1964 (13 Eliz. II No. 95)	14 Dec 1964	2 Aug 1965 (see s. 2 and Gazette 23 Jul 1965 p. 2133)
Decimal Currency Act 1965	113 of 1965	21 Dec 1965	Act other than s. 4-9: 21 Dec 1965 (see s. 2(1)); s. 4-9: 14 Feb 1966 (see s. 2(2))
Government Employees’ Housing Act Amendment Act 1973	3 of 1973	21 May 1973	21 May 1973
Acts Amendment (Financial Administration and Audit) Act 1985 s. 3	98 of 1985	4 Dec 1985	1 Jul 1986 (see s. 2 and Gazette 30 Jun 1986 p. 2255)
Government Employees’ Housing Amendment Act 1987 2	62 of 1987	13 Nov 1987	Act other than s. 4-6: 13 Nov 1987; s. 4-6: 22 Apr 1988 (see s. 2 and Gazette 22 Apr 1988 p. 1219)
Acts Amendment (Public Sector Management) Act 1994 s. 19	32 of 1994	29 Jun 1994	1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)
Industrial Legislation Amendment Act 1995 s. 24	1 of 1995	9 May 1995	9 May 1995 (see s. 2)
Education Amendment Act 1996 s. 16(5)	22 of 1996	11 Jul 1996	11 Jul 1996 (see s. 2(1))
Financial Legislation Amendment Act 1996 s. 64	49 of 1996	25 Oct 1996	25 Oct 1996 (see s. 2(1))
Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 76	10 of 1998	30 Apr 1998	30 Apr 1998 (see s. 2(1))
School Education Act 1999 s. 247	36 of 1999	2 Nov 1999	1 Jan 2001 (see s. 2 and Gazette 29 Dec 2000 p. 7904)
Reprint of the Government Employees’ Housing Act 1964 as at 8 Dec 2000 (includes amendments listed above except those in the School Education Act 1999) (correction in Gazette 9 May 2003 p. 1619)
Acts Amendment (Equality of Status) Act 2003 Pt. 25	28 of 2003	22 May 2003	1 Jul 2003 (see s. 2 and Gazette 30 Jun 2003 p. 2579)
Planning and Development (Consequential and Transitional Provisions) Act 2005 s. 15	38 of 2005	12 Dec 2005	9 Apr 2006 (see s. 2 and Gazette 21 Mar 2006 p. 1078)
Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 10 Div. 2 3	28 of 2006	26 Jun 2006	1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347)
Reprint 2: The Government Employees’ Housing Act 1964 as at 13 Oct 2006 (includes amendments listed above)
Financial Legislation Amendment and Repeal Act 2006 s. 17 4	77 of 2006	21 Dec 2006	1 Feb 2007 (see s. 2 and Gazette 19 Jan 2007 p. 137)
Duties Legislation Amendment Act 2008 s. 52	12 of 2008	14 Apr 2008	1 Jul 2008 (see s. 2(d))

Standardisation of Formatting Act 2010 s. 43(3)

19 of 2010

28 Jun 2010

11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)

² The Government Employees’ Housing Amendment Act 1987 s. 4(2) reads as follows:

“

(2) The appointment of the holder of an office specified in section 8(2) of the principal Act as in force immediately before the coming into operation of this section is hereby determined.

”.

³ The Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 10 Div. 6 reads as follows:

“

Division 6 — Transitional matters

336. Financial reporting

(1) Despite the continuation of the former bodies as part of the Housing Authority, section 65A of the Financial Administration and Audit Act 1985 applies in relation to the preparation and submission of a final report in respect of the former body as if —

(a) at commencement, it were abolished;

(b) references in that section to a department were references to the former body; and

(c) references in that section to provisions of sections 62 to 65 of the Financial Administration and Audit Act 1985 were references to the equivalent provisions of sections 66 to 70 of that Act,

except that —

(d) the period to which the final report is to relate is the final period; and

(e) the references in sections 66(1), 68 and 70(1) to the end of the financial year are to be read as references to the end of the final period.

(2) If at commencement, any duty imposed by Part II Division 14 of the Financial Administration and Audit Act 1985 on the accountable authority of the former body has not been complied with in relation to the former body for any financial year that expired before commencement, that duty subsists and is to be performed by the reporting officer as if the reporting officer were the accountable authority.

(3) The time within which the reporting officer is to perform a duty referred to in subsection (2) is extended until the end of the day that is 2 months after the day on which the reporting officer is appointed, but this subsection does not prevent the time from being extended again under section 70 of the Financial Administration and Audit Act 1985.

(4) The Housing Authority is to give the reporting officer access to all records necessary for the purposes of this section.

(5) In this section —

final period means the period starting at the beginning of the 1 July immediately before commencement and ending immediately before commencement;

reporting officer means the person appointed under section 65A(2) of the Financial Administration and Audit Act 1985 as applied because of subsection (1).

337. References to former bodies

After commencement, a reference to the former body in an instrument or other document is to be taken to be a reference to the Housing Authority unless the contrary intention appears or the context otherwise requires.

338. Government Employees’ Housing Act 1964

(1) The Government Employees’ Housing Fund referred to in section 24(1) of the Government Employees’ Housing Act 1964 as in force after commencement is a continuation of the Government Employees’ Housing Authority Fund referred to in that section as in force before commencement.

(2) After commencement, a reference to the Government Employees’ Authority Housing Fund in an instrument or other document is to be taken to be a reference to the Government Employees’ Housing Fund referred to in section 24(1) of the Government Employees’ Housing Act 1964 as in force after commencement unless the contrary intention appears or the context otherwise requires.

339. Housing Act 1980

(1) After commencement, a reference to The State Housing Commission in an instrument or other document is to be taken to be a reference to the Housing Authority unless the contrary intention appears or the context otherwise requires.

(2) The office of chief executive officer of the Housing Authority is a continuation of the office of general manager of The State Housing Commission referred to in the Housing Act 1980 as in force before commencement.

(3) The Housing Authority Fund referred to in section 62(2) of the Housing Act 1980 as in force after commencement is a continuation of The State Housing Commission Fund referred to in that subsection as in force before commencement.

(4) After commencement, a reference to The State Housing Commission Fund in an instrument or other document is to be taken to be a reference to the Housing Authority Fund referred to in section 62(2) of the Housing Act 1980 as in force after commencement unless the contrary intention appears or the context otherwise requires.

(5) Section 69 of the Housing Act 1980, as in force before commencement, continues to apply in relation to things done or omitted to be done and agreements entered into before commencement.

340. Interpretation

In this Division —

commencement means the time at which section 314 comes into operation;

former body means —

(a) the Country Housing Authority established by section 4 of the Country Housing Act 1998 as in force before commencement;

(b) the Government Employees’ Housing Authority established by section 8 of the Government Employees’ Housing Act 1964 as in force before commencement;

Housing Authority means the Housing Authority referred to in section 6(4) of the Housing Act 1980 as in force after commencement.

”.

⁴ The amendment to s. 25 in the Financial Legislation Amendment and Repeal Act 2006 s. 17, which gives effect to Sch. 1 cl.77, is not included because the section it sought to amend was repealed by the Machinery of Government (Miscellaneous Amendments) Act 2006 s. 306.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)
Account 5
Authority 5
Department 5
Government employee 5
house 5
member 5
officer 5
owner 28(4)
tenant 5