Australian Capital Territory Repealed Acts

This legislation has been repealed.

HOUSING ASSISTANCE ACT 1987 - NOTES

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

3     Legislation history

This Act was originally a Commonwealth ordinance—the Housing Assistance Ordinance 1987 No 36 (Cwlth).

The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).

Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).

After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth) s 25).

    Legislation before becoming Territory enactment

Housing Assistance Act 1987 No 36

notified 29 July 1987

commenced 19 August 1987 (s 2 and Cwlth Gaz 1987 No S213)

as amended by

Housing Assistance (Amendment) Ordinance 1988 No 66

notified 21 September 1988

commenced 21 September 1988

Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1

notified 10 May 1989 (Cwlth Gaz 1989 No S160)

s 1, s 2 commenced 10 May 1989 (s 2 (1))

sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)

    Legislation after becoming Territory enactment

Housing Assistance (Amendment) Act 1990 No 11

notified 17 May 1990 (Gaz 1990 No S25)

commenced 17 May 1990

Housing Assistance (Amendment) Act 1991 No 59

notified 29 October 1991 (Gaz 1991 No S117)

commenced 29 October 1991

Housing Assistance (Amendment) Act 1992 No 77

notified 24 December 1992 (Gaz 1992 No S236)

s 4, s 8 commenced 1 January 1993 (s 2 (2))

s 7 commenced 1 January 1993 (s 2 (3), s 9 (4) and Gaz 1993 No S10)

remainder commenced 24 December 1992 (s 2 (1))

Statute Law Revision Act 1994 No 26 sch

notified 31 May 1994 (Gaz 1994 No S93)

commenced 31 May 1994 (s 2)

Public Sector Management (Consequential and Transitional Provisions) Act 1994 No 38 sch 1 pt 46

notified 30 June 1994 (Gaz 1994 No S121)

s 1, s 2 commenced 30 June 1994 (s 2 (1))

sch 1 pt 46 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)

Statutory Offices (Miscellaneous Provisions) Act 1994 No 97 sch pt 1

notified 15 December 1994 (Gaz 1994 No S280)

s 1, s 2 commenced 15 December 1994 (s 2 (1))

sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293)

Annual Reports (Government Agencies) (Consequential Provisions) Act 1995 No 25 sch

notified 5 September 1995 (Gaz 1995 No S212)

commenced 5 September 1995 (s 2)

Housing Assistance (Amendment) Act 1996 No 27

notified 1 July 1996 (Gaz 1996 No S130)

ss 1-3 commenced 1 July 1996 (s 2 (1))

s 11 commenced 1 July 1996 (s 2 (2) and Act 1996 No 22 s 2)

remainder commenced 1 July 1996 (s 2 (3))

Residential Tenancies (Consequential Provisions) Act 1998 No 4 sch

notified 25 May 1998 (Gaz 1998 No S150)

commenced 25 May 1998 (s 2)

Legislation (Consequential Amendments) Act 2001 No 44 pt 187

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 187 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Planning and Land (Consequential Amendments) Act 2002 A2002-56 sch 3 pt 3.9

notified LR 20 December 2002
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))
sch 3 pt 3.9 commenced 1 July 2003 (s 2 and see Planning and Land Act 2002 A2002-55, s 2)

as repealed by

Housing Assistance Act 2007 A2007-8 s 42

notified LR 10 May 2007

s 1, s 2 commenced 10 May 2007 (LA s 75 (1))

s 42 commenced 10 November 2007 (s 2 and LA s 79)

4     Amendment history

Commencement
s 2     om 2001 No 44 amdt 1.2121

Definitions for Act
s 3     am 1994 No 97 sch pt 1
    def commissioner sub 1994 No 97 sch pt 1
    def housing agreement ins 1996 No 27 s 4
    def public servant om 1989 No 38 sch 1
    def the housing agreement ins1990 No 11 s 3
    am 1992 No 77 s 4
    om 1996 No 27 s 4

Objects
s 3A     ins 1996 No 27 s 5

Administration
div 2.1 hdg     (prev pt 2 div 1 hdg) renum R5 LA

Commissioner for Housing
s 4     sub 1994 No 97 sch 1 pt 1

Termination of office
s 5     om 1994 No 97 sch 1 pt 1

Acting appointments
s 6     om 1994 No 97 sch 1 pt 1

Powers and functions of commissioner
div 2.2 hdg     (prev pt 2 div 2 hdg) renum R5 LA

Functions of commissioner
s 8     am 1989 No 38 sch 1

Powers of commissioner
s 9     am 1989 No 38 sch 1; 1992 No 77 s 5; 1994 No 38 sch 1 pt 46; ss renum R5 LA; A2002-56 amdt 3.35

Protection and liability of commissioner
div 2.3 hdg     (prev pt 2 div 3 hdg) renum R5 LA

Protection and liability of commissioner
s 11     am 1989 No 38 sch 1

Housing agreement
pt 2A hdg     ins 1996 No 27 s 6

Housing agreement or variations
s 11A     ins 1996 No 27 s 6
    am 2001 No 44 amdts 1.2122-1.2124

Commencement
s 11B     ins 1996 No 27 s 6
    am 2001 No 44 amdt 1.2125, amdt 1.2126

Public access
s 11C     ins 1996 No 27 s 6

Housing assistance programs
s 12     am 1989 No 38 sch 1; 1990 No 11 s 4; 1991 No 59 s 3; 1992 No 77 s 6
    sub 2001 No 44 amdt 1.2127

Notice in relation to housing assistance program
s 13     om 1989 No 38 sch 1

Tabling requirements in relation to housing assistance program
s 14     om 1989 No 38 sch 1

Rent charge under housing assistance program
s 15     am 1990 No 11 s 5; 1996 No 27 s 7; 1998 No 4 sch; 2001 No 44 amdt 1.2128, amdt 1.2129

Unleased land
s 16     am 1996 No 27 s 8; ss renum R5 LA; A2002-56 amdt 3.36

Transfer of land subject to tenancy agreement
s 17     am 1989 No 38 sch 1; 1996 No 27 s 9; ss renum R5 LA; A2002-56 amdt 3.37, amdt 3.38

Persons under 18
s 17A     ins 1996 No 27 s 10

Financial arrangements
s 18     sub 1992 No 77 s 7
    am 1994 No 26 sch
    sub 1996 No 27 s 11

Accounts
s 19     am 1989 No 38 sch 1
    om 1996 No 27 s 12

Periodic reports
s 21     sub 1988 No 66 s 2
    am 1989 No 38 sch 1
    om 1995 No 25 sch

Amendment of Act
s 22     sub 1990 No 11 s 6
    om 1994 No 26 sch

Repeal
s 23     om 2001 No 44 amdt 1.2130

Transitional
s 24     om 2001 No 44 amdt 1.2130

Commonwealth—State housing agreement
sch 1     sub 1990 No 11 s 7; 1992 No 77 s 8
    om 1996 No 27 s 13

Cost rent formula
sch 2     om 1990 No 11 s 7

Amendment of Acts
sch 3 hdg     am 1990 No 11 s 8
sch 3     am 1990 No 11 s 8
    om 1994 No 26 sch

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Act 1991 No 59	31 October 1991
2	Act 1992 No 77	30 April 1993
3	Act 1994 No 97	28 February 1995
4	Act 1996 No 27	31 December 1997
5	A2001-44	13 June 2002
6	A2002-56	1 July 2003

© Australian Capital Territory 2007

Australian Capital Territory

A1987-36

Republication No 7

Effective: 10 November 2007

Republication date: 10 November 2007

As repealed by A2007-8 s 42 (1)





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Housing Assistance Act 1987 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 10 November 2007.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

Australian Capital Territory

Housing Assistance Act 1987 (repealed)

Endnotes

Australian Capital Territory

Housing Assistance Act 1987 (repealed)