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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Housing Bill 2001
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Notes 3
Part 2 Objects of Act
5 Objects of Act 4
Part 3 New South Wales Land and Housing Corporation
Division 1 Establishment of Corporation
6 Establishment of New South Wales Land and Housing
Corporation 6
Housing Bill 2001
Contents
Page
Division 2 General functions of Corporation
7 Functions of Corporation generally 6
8 Functions of Corporation relating to land and housing 7
9 Functions of the Corporation relating to home purchase
assistance 8
10 Functions relating to collection of information and
provision of advice, services and products 8
11 Consultation and negotiation 9
Division 3 General powers to enter contracts and
agreements
12 Corporation may enter into contracts 10
13 Corporation may enter into arrangements with other public
authorities 10
Division 4 Administration
14 Staff of Corporation 11
15 Delegations 11
16 Reports from Corporation to Minister 11
17 Annual report 12
Part 4 Acquisition, sale, development and management of land
and property
Division 1 General powers of Corporation in relation to
land and property
18 General powers of Corporation in relation to land vested in
Corporation 13
19 Surrender of land 13
20 Application of Public Works Act 1912 14
21 Power to accept gifts 14
Division 2 Acquisition of land
22 Acquisition of land 15
23 Compulsory acquisition of land for failure to comply with
certain requirements 15
Contents page 2
Housing Bill 2001
Contents
Page
Division 3 Contracts for sale of land
24 Conditions on sale of land vested in Corporation 15
25 Imposition of conditions on sale of certain land 17
26 Cancellation of agreement 18
27 Possession to Corporation on cancellation of agreement 18
Division 4 Construction of buildings
28 Construction of buildings by Corporation 19
29 Building materials 19
30 Temporary buildings 19
31 Construction of other buildings 19
Division 5 Change in management of land
32 Management of land purchased or compulsorily acquired
otherwise than under this Act 20
33 Withdrawal of land from Corporation 21
34 Dedication of land by Corporation for public purposes 22
35 Exercise of council's powers by Corporation 22
Part 5 Housing areas
36 Declaration of housing areas 24
37 Consequences of declaration of housing areas 24
Part 6 Advances for houses, other buildings and land
Division 1 Advances for houses to individuals
38 Definition 26
39 Making of applications 26
40 Corporation may assist in obtaining a house 26
41 Determination of applications 26
42 Agreement to be entered into 27
43 Advice to be obtained in relation to purchase of house 27
44 Where money advanced not applied to proper purpose 27
45 Periods for repayment 28
46 Security for advance 28
47 Conditions annexed to land while subject to mortgage 28
48 Application for foreclosure 29
49 Sale of land on default of mortgagor 30
50 Building relief to owner of land 30
Contents page 3
Housing Bill 2001
Contents
Page
Division 2 Advances for public buildings and to
councils, societies, associations and clubs
for houses and other buildings
51 Corporation may assist councils to erect houses 31
52 Power to assist building societies by loans 31
53 Building relief 31
Part 7 Rental rebate
54 Application of Part 32
55 Application for rental rebate 32
56 Grant of rental rebate 32
57 Cancellation or variation of rental rebate 32
58 Investigation of application 33
Part 8 Joint ventures, interests in private corporations and
trusts
59 Definitions 34
60 Power to enter into joint ventures 34
61 Powers in relation to formation of and interests in
corporations 35
62 Formation of trusts 36
Part 9 Finance
63 Housing Account 37
64 Money advanced by Commonwealth 37
65 Proceeds of sale of certain land to be paid to
Consolidated Fund 38
66 Establishment of Housing Reserve Fund 38
67 Financial year 39
Part 10 Miscellaneous
68 Investigation 40
69 False statements and representations 40
70 Misuse of information 41
71 Disclosure of information 43
72 Service of documents 43
73 Recovery of amounts due to Corporation 43
74 Proceedings for offences 43
75 Regulations 44
76 Repeals 44
Contents page 4
Housing Bill 2001
Contents
Page
77 Amendment of other Acts 44
78 Savings, transitional and other provisions 44
79 Review of Act 44
Schedules
1 Amendment of other Acts 45
2 Superannuation provisions 50
3 Savings, transitional and other provisions 53
Contents page 5
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2001
New South Wales
Housing Bill 2001
Act No , 2001
An Act to consolidate certain legislation relating to housing; to repeal the Housing
Act 1912, the Housing Act 1976, the Housing Act 1985 and the Home Purchase
Assistance Authority Act 1993; to amend various Acts consequentially; and for
other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Housing Bill 2001
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Housing Act 2001.
2 Commencement
This Act commences, or is taken to have commenced, on 1 July 2001.
3 Definitions
In this Act:
building includes any part of a building and any appurtenance to a
building, any fence, wall and any other structure or a part of a structure
and any provision for lighting, heating, refrigeration, water supply,
drainage or sewerage.
Commonwealth State agreement includes any agreement to which the
Commonwealth and the State are parties, whether or not other persons
or bodies are also parties to the agreement.
Corporation means the New South Wales Land and Housing
Corporation constituted by this Act.
council has the same meaning as it has in the Local Government Act
1993.
Department means the Department of Housing.
Director-General means the Director-General of the Department.
exercise a function includes perform a duty.
function includes a power, duty or authority.
Home Purchase Assistance Fund means the fund established under
the trust deed entitled "Trust Deed establishing the Home Purchase
Assistance Fund", being an agreement entered into on 14 February
1989 between the State, the Department of Housing, the Treasury,
Permanent Custodians Limited and Permanent Trustee Company
Limited.
house or housing means any kind of dwelling.
Housing Account means the account established under section 63.
Page 2
Housing Bill 2001 Clause 3
Preliminary Part 1
housing area means a housing area constituted under section 36.
Housing Reserve Fund means the Housing Reserve Fund established
under section 66.
proprietor in relation to land means the proprietor of a legal or
equitable estate of fee simple in the land.
public authority means any public or local authority constituted by or
under an Act other than this Act.
public housing means housing owned or leased by the Corporation,
and managed by the Department, that is leased to members of the
public that meet the Department's or the Corporation's eligibility
criteria, but does not include housing leased to a person in accordance
with the HomeFund Restructuring Act 1993 or that is substituted for
housing leased in accordance with that Act.
4 Notes
Notes included in this Act are explanatory notes and do not form part
of this Act.
Note. For the purposes of comparison, a number of provisions of this Act contain
bracketed notes in headings drawing attention ("cf") to equivalent or comparable
(though not necessarily identical) provisions of other Acts that are the subject of
repeal by this Act.
Page 3
Clause 5 Housing Bill 2001
Part 2 Objects of Act
Part 2 Objects of Act
5 Objects of Act (cf Act No 163, 1985, s 4, Act No 15, 1993, s 4)
(1) The objects of this Act are as follows:
(a) to maximise the opportunities for all people in New South
Wales to have access to secure, appropriate and affordable
housing,
(b) to ensure that housing opportunities and assistance are
available to all sections of the community with housing needs,
(c) to ensure that public housing is developed as a viable and
diversified form of housing choice,
(d) to ensure that public housing reflects the housing standards of
the general community and is designed to cater for the ongoing
needs of consumers,
(e) to maximise the opportunities for tenants of public and
community housing programs to participate in the management
of their housing and in the development of public and
community housing policies,
(f) to promote orderly and economic urban development and the
adequate supply of affordable and suitably located land for
housing at the minimum practicable cost to consumers,
(g) to promote equity between levels of assistance provided to
people living in public housing, private rental housing and
those who own or are purchasing their homes,
(h) to maintain an efficient housing administration to ensure the
effective co-ordination and provision of all housing services,
(i) to encourage social mix and the integration of different housing
forms in existing and new communities,
(j) to encourage the planning and development of new urban areas
as communities with a full range of appropriate services and
facilities available in the shortest practicable time,
(k) to promote a viable and stable building and construction
industry in the residential sector,
(l) to facilitate the provision of assistance to home purchasers on
low to moderate incomes,
Page 4
Housing Bill 2001 Clause 5
Objects of Act Part 2
(m) to provide for the management of such existing and future
home purchase assistance schemes (including the portfolio of
loans under HomeFund schemes) as the Minister directs,
(n) to provide for the funding of such other rental and home
purchase assistance schemes as the Minister directs,
(o) to encourage the development of flexible and innovative
financial arrangements to facilitate access to home ownership
for persons in receipt of low and moderate incomes,
(p) to ensure appropriate mechanisms and forums are established
to allow input into housing policy by representative community
organisations and non-government agencies involved in
housing policy and provision,
(q) to attract investment in public housing, including related
activities such as tenant employment and the provision of
integrated services,
(r) to enable the provision under this Act of corporate, technical
and information technology services, in or outside New South
Wales, to government and non-government agencies.
(2) In the administration of this Act, regard is to be had to the objects of
this Act to the maximum extent possible taking into consideration the
needs of the State and available resources, and subject to any directions
of the Minister.
Page 5
Clause 6 Housing Bill 2001
Part 3 New South Wales Land and Housing Corporation
Division 1 Establishment of Corporation
Part 3 New South Wales Land and Housing Corporation
Division 1 Establishment of Corporation
6 Establishment of New South Wales Land and Housing Corporation
(1) There is constituted by this Act a body corporate with the corporate
name of the New South Wales Land and Housing Corporation.
(2) The affairs of the Corporation are to be managed by the Director-
General.
(3) Any act, matter or thing done in the name of, or on behalf of, the
Corporation by the Director-General, or with the authority of the
Director-General, is taken to have been done by the Corporation.
(4) The Corporation is, for the purposes of any Act, a statutory body
representing the Crown.
(5) The Corporation is subject to the direction and control of the Minister.
(6) The Corporation may, in the exercise of its functions, use the name
"Landcom".
(7) The Corporation may exercise any of its functions, and may otherwise
act, in the name of the Department.
(8) The Corporation and the Department are, to the maximum extent
possible, to act in a complementary manner, so as to achieve a unified
administration of this Act.
Division 2 General functions of Corporation
7 Functions of Corporation generally
(1) The Corporation:
(a) has the functions conferred on it by or under this or any other
Act and may do such supplemental, incidental and
consequential acts as may be necessary or expedient for the
exercise of its functions, and
Page 6
Housing Bill 2001 Clause 7
New South Wales Land and Housing Corporation Part 3
General functions of Corporation Division 2
(b) has such other functions as are necessary to implement any
Commonwealth State agreement, in so far as it relates to
housing.
(2) The Corporation is to manage financial risks associated with its
activities.
8 Functions of Corporation relating to land and housing (cf Act No 62, 1976,
s 9)
(1) In this section:
develop includes re-develop.
public purpose includes any purpose for which land may be acquired
under any other Act.
urban development includes the expansion, establishment and
re-development of urban areas.
(2) The Corporation has the following functions:
(a) to acquire land for present or future urban development and for
public purposes,
(b) from time to time, as prevailing circumstances require, to
develop and make available, or to make available for
development by others, such of the land so acquired as the
Corporation considers necessary or expedient for urban
development and for public purposes,
(c) to carry out or promote research or investigations into matters
connected with urban development,
(d) to make such reports or recommendations to the Minister or
any other person or body in relation to urban development as
the Corporation considers necessary or appropriate.
(3) In the exercise of its functions, the Corporation:
(a) is to make residential land available at the lowest price the
Corporation considers practicable having regard to the costs
incurred by the Corporation in relation to the land and the
financial resources available for the Corporation's continued
operation, and
(b) is to promote orderly and economic urban development.
Page 7
Clause 9 Housing Bill 2001
Part 3 New South Wales Land and Housing Corporation
Division 2 General functions of Corporation
9 Functions of the Corporation relating to home purchase assistance
(cf Act No 15, 1993, s 13)
(1) The Corporation has the following functions:
(a) to develop policies for home purchase assistance and to make
recommendations to the Minister on such matters,
(b) to manage such existing and future home purchase assistance
schemes as are from time to time directed by the Minister.
(2) Without limiting the generality of subsection (1), the Corporation has
the following functions:
(a) to determine guidelines for the eligibility of applicants for home
purchase assistance,
(b) to determine the terms and conditions of loans or other
assistance to those applicants,
(c) to advertise and market home purchase assistance,
(d) to provide information to the public on home purchase and
home purchase assistance,
(e) to make loans or grants or give other financial assistance, with
or without security, to eligible applicants,
(f) to manage loans, including to collect repayments and arrears
and realise securities,
(g) to manage the Housing Reserve Fund and any contingency fund
in relation to home purchase assistance, as directed by the
Minister.
10 Functions relating to collection of information and provision of advice,
services and products (cf Act No 7, 1912, s 40G)
(1) The Corporation has the following functions:
(a) to carry out all such surveys and investigations into issues
related to housing as may be necessary or expedient for the
purposes of this Act, or for the purpose of ascertaining the
housing conditions in any locality,
(b) to publish for general information the results of any such survey
or investigation,
(c) to publish from time to time in printed form or on the Internet
matter dealing with housing,
Page 8
Housing Bill 2001 Clause 10
New South Wales Land and Housing Corporation Part 3
General functions of Corporation Division 2
(d) to take steps by the holding of architectural competitions or
otherwise to obtain the better design and arrangement of houses
and of subdivisions of land for houses and related purposes,
(e) to recommend the making of regulations under the
Environmental Planning and Assessment Act 1979 concerning
any matter relating to building,
(f) to give to any person such advice or assistance of a technical or
architectural nature, and such advice of a financial nature, on
matters relating to housing, as the Corporation may from time
to time determine.
(2) Without limiting the generality of subsection (1), the Corporation may:
(a) provide to any person or organisation corporate services,
information technology services, advice and associated
products, and
(b) provide to persons or organisations involved in the provision of
housing, or that are part of the housing industry, technical
services, advice or associated products.
(3) A function referred to in subsection (2) may be exercised within or
outside the State.
(4) The Corporation may charge for the provision of services, advice or
products in accordance with this Act.
11 Consultation and negotiation (cf Act No 62, 1976, s 18)
(1) In the exercise of its functions the Corporation is, as far as practicable:
(a) to consult with public authorities whose functions include those
of the same or of a similar nature, and
(b) to negotiate with any such authorities for the purpose of
arranging or providing services and facilities on land vested in
the Corporation.
(2) Without affecting the generality of subsection (1), any research or
investigation by the Corporation into matters connected with urban
development that is of the same or of a similar nature as that which
may be undertaken within the Department of Urban Affairs and
Planning or any other public authority is, unless otherwise agreed, to
be carried out or promoted in conjunction with that Department or
public authority.
Page 9
Clause 11 Housing Bill 2001
Part 3 New South Wales Land and Housing Corporation
Division 2 General functions of Corporation
(3) In the exercise of its functions relating to the provision of public
housing, the Corporation is, as far as practicable, to consult with public
housing tenants and organisations representing the interests of public
housing tenants.
Division 3 General powers to enter contracts and
agreements
12 Corporation may enter into contracts (cf Act No 62, 1976, s 16)
(1) The Corporation may make and enter into contracts with any person
for the carrying out of works or the performance of services or the
supply of goods or materials in connection with the exercise by the
Corporation of its functions.
(2) A contract under subsection (1) may provide for:
(a) the whole or any part of any works to be undertaken by the
Corporation, or
(b) the whole or any part of the cost of any works to be paid by the
Corporation, or
(c) a loan to be made by the Corporation to meet the whole or any
part of the cost of any works, or
(d) the Corporation to pay the cost of providing any services during
a specified period.
(3) Without affecting the generality of subsection (1), the Corporation may
make and enter into a contract under this section with any person for
the construction on land vested in the Corporation or that person, or in
the Corporation and that person, of buildings or of other works, and for
the sale, lease or exchange of any such land together with the
buildings or other works on the land.
13 Corporation may enter into arrangements with other public authorities
(cf Act No 1976 No 62, s 17)
(1) The Corporation may enter into an arrangement or agreement with any
public authority that:
(a) the public authority is to act as agent of the Corporation for the
purposes of this Act, or
Page 10
Housing Bill 2001 Clause 13
New South Wales Land and Housing Corporation Part 3
General powers to enter contracts and agreements Division 3
(b) the Corporation is to act as agent of the public authority for the
purposes of this Act,
on such terms and conditions as are agreed on between the
Corporation and the public authority.
(2) Despite anything in any other Act, any public authority is authorised
and empowered to enter into arrangements or agreements referred to
in subsection (1) and may do or suffer anything necessary or expedient
for carrying out any such arrangements or agreements.
Division 4 Administration
14 Staff of Corporation
(1) Such staff as may be necessary to enable the Corporation to exercise
its functions may be employed under Part 2 of the Public Sector
Management Act 1988.
(2) The Corporation may arrange for the use of the services of any staff
(by secondment or otherwise) or facilities of a government agency or
public or local authority. Any staff of whose services the Corporation
makes use is taken to be staff of the Corporation.
(3) The Corporation may engage persons having suitable qualifications
and experience as consultants to the Corporation or the Department, or
both.
15 Delegations
(1) The Corporation may delegate to a person the exercise of any of its
functions, other than this power of delegation.
(2) The Director-General may delegate to an officer of the Department or
the Corporation the exercise of any of the Director-General's functions
under this Act (including any function delegated to the Director-
General under this section), other than this power of delegation.
16 Reports from Corporation to Minister
(1) The Corporation must furnish the Minister with full information as to
any business of the Corporation that the Minister requires.
Page 11
Clause 16 Housing Bill 2001
Part 3 New South Wales Land and Housing Corporation
Division 4 Administration
(2) The Corporation must at all times allow the Minister and every person
authorised by the Minister to inspect all books, papers, documents,
accounts, buildings, property and places under its control.
17 Annual report
A report under the Annual Reports (Departments) Act 1985 in respect
of the Department may include any report required to be made
annually in respect of the Corporation under the Annual Reports
(Statutory Bodies) Act 1984.
Page 12
Housing Bill 2001 Clause 18
Acquisition, sale, development and management of land and property Part 4
General powers of Corporation in relation to land and property Division 1
Part 4 Acquisition, sale, development and management
of land and property
Division 1 General powers of Corporation in relation to land
and property
18 General powers of Corporation in relation to land vested in Corporation
(cf Act No 62, 1976, ss 10 and 14 (1))
For the purposes of this Act and subject to this Act, the Corporation
may, in relation to land vested in the Corporation:
(a) control and manage the land, and
(b) subject to such terms and conditions as it thinks fit, sell, lease,
exchange or otherwise dispose of or deal with the land and
grant easements or rights-of-way over the land or any part of
that land, and
(c) demolish any building on the land of which it has exclusive
possession, and
(d) provide or relocate, or arrange for the provision or relocation of,
utility services to or in relation to the land, and
(e) subdivide and re-subdivide the land and consolidate
subdivided or re-subdivided land, and
(f) set out and construct roads on the land, and
(g) erect, alter, repair or renovate buildings on the land or make
other improvements to the land, and
(h) cause any other work to be done on or in relation to the land for
the purpose of rendering it fit to be used for any purpose for
which it may be used under any environmental planning
instrument within the meaning of the Environmental Planning
and Assessment Act 1979 applying to the land.
19 Surrender of land (cf Act No 7, 1912, s 12)
(1) The Corporation may accept a surrender of any land leased, dedicated
or granted under this Act.
(2) The land so surrendered may be disposed of by the Corporation under
this Act.
Page 13
Clause 19 Housing Bill 2001
Part 4 Acquisition, sale, development and management of land and property
Division 1 General powers of Corporation in relation to land and property
(3) The Corporation may agree to cancel any contract of sale of land from
the Corporation at the request of the purchaser of the land.
(4) The Corporation may, if it thinks fit, pay to the person surrendering
any land leased, granted or dedicated under this Act, or to the
purchaser of land on the cancellation of a contract of sale, such sum by
way of compensation for any visible and effective improvements on
the land, as to the Corporation seems fair.
(5) An amount paid under subsection (4) must not exceed the value of the
improvements at the date of the surrender or cancellation and must
relate to costs that have not been defrayed or advanced by the
Corporation.
(6) The Corporation may also in its discretion repay to a purchaser on the
cancellation of a contract of sale of land from the Corporation the
whole or such proportion as it thinks fit of the purchase money of the
land that has been paid by the purchaser under this Act.
20 Application of Public Works Act 1912 (cf Act No 62, 1976, s 11 (2) and (3))
(1) For the purposes of the Public Works Act 1912, any acquisition of land
by the Corporation is taken to be for an authorised work and the
Corporation is, in relation to that authorised work, taken to be the
Constructing Authority.
(2) Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply
in respect of works constructed under this Act.
21 Power to accept gifts (cf Act No 62, 1976, s 13)
(1) The Corporation may acquire by gift, bequest or devise any property
for any of the purposes of this Act and may agree to, and carry out the
conditions of, the gift, bequest or devise.
(2) The rule of law relating to remoteness of vesting does not apply to any
condition of a gift, bequest or devise to which the Corporation has
agreed.
(3) Duty is not chargeable in respect of any gift, bequest or devise made
to the Corporation.
Page 14
Housing Bill 2001 Clause 22
Acquisition, sale, development and management of land and property Part 4
Acquisition of land Division 2
Division 2 Acquisition of land
22 Acquisition of land (cf Act No 62, 1976, s 11 (1))
The Corporation may, for the purposes of this Act, acquire land
(including an interest in land) by agreement or by compulsory process
in accordance with the Land Acquisition (Just Terms Compensation)
Act 1991.
23 Compulsory acquisition of land for failure to comply with certain
requirements (cf Act No 7, 1912, s 41)
(1) The Minister may compulsorily acquire in accordance with the Land
Acquisition (Just Terms Compensation) Act 1991 land on which a
house has been erected by the Corporation for a purchaser if the
purchaser does not execute a form of purchase agreement or mortgage
approved by the Corporation on being required in writing by the
Corporation to do so.
(2) The Minister may compulsorily acquire in accordance with the Land
Acquisition (Just Terms Compensation) Act 1991 land on which a
house has been erected by a person to whom an advance has been
made under this Act for the erection of the house if the person does
not execute a form of mortgage approved by the Corporation on being
required in writing by the Corporation to do so.
(3) The compensation to be assessed for the purposes of this section is
only in respect of the interest of the purchaser or person to whom the
advance was made, and any increased value to the land due to the
expenditure of the Corporation, or of the advance made by it, is to be
disregarded.
Division 3 Contracts for sale of land
24 Conditions on sale of land vested in Corporation (cf Act No 62, 1976, s 14)
(1) The Corporation may in any contract for the sale of land vested in the
Corporation include conditions for or with respect to any or all of the
following:
(a) the erection of any building on that land by the purchaser
within a specified period,
Page 15
Clause 24 Housing Bill 2001
Part 4 Acquisition, sale, development and management of land and property
Division 3 Contracts for sale of land
(b) conferring on the Corporation an option or right to repurchase
that land if the purchaser has failed to comply with a condition
referred to in paragraph (a),
(c) conferring on the Corporation an option or right to repurchase
that land if the purchaser wishes to sell or otherwise dispose of
that land before the expiration of a specified period or requiring
the purchaser to pay to the Corporation a sum determined in a
specified manner where the Corporation does not exercise that
option or right,
(d) the determination of the repurchase price payable by the
Corporation under a condition referred to in paragraph (b) or
(c).
(2) Subsection (1) does not limit the conditions that may be included by
the Corporation in any contract for the sale of land.
(3) A condition referred to in subsection (1) that is included in a contract
of sale does not merge in the transfer of title to the land the subject of
the contract of sale on completion of the sale.
(4) If the Corporation requests the Registrar-General in a manner approved
by the Registrar-General and pays the fee prescribed under the Real
Property Act 1900, the Registrar-General must make in the Register
kept under that Act a recording appropriate to indicate:
(a) that land specified in the request is held subject to a condition
authorised under subsection (1), or
(b) that a recording made in accordance with paragraph (a) has
ceased to have effect.
(5) The Corporation must not make such a request except for the purpose
of ensuring compliance with the conditions in the contract of sale
under which the land was sold. However, the Registrar-General need
not be concerned to inquire whether any such request has been made
for that purpose.
(6) If a recording has been made in the Register in accordance with
subsection (4) (a) in respect of any land, the Registrar-General must
not register under the Real Property Act 1900 a transfer of that land to
or by a person other than the Corporation unless:
(a) a recording in accordance with subsection (4) (b) has been
made in respect of the land, or
Page 16
Housing Bill 2001 Clause 24
Acquisition, sale, development and management of land and property Part 4
Contracts for sale of land Division 3
(b) the consent of the Corporation to the transfer has been endorsed
on the transfer.
25 Imposition of conditions on sale of certain land (cf Act No 62, 1976,
ss 14A14C)
(1) If the Corporation requests the Registrar-General in the manner
approved by the Registrar-General and pays the fee prescribed under
the Real Property Act 1900, the Registrar-General must make in the
Register kept under that Act a recording appropriate to identify:
(a) that land of which the Corporation is then the registered
proprietor and that is specified in the request is, on a sale by the
Corporation to a purchaser, to be held by the purchaser subject
to:
(i) conditions specified or referred to in the request, being
all or any of the conditions referred to in section 24 (1),
or
(ii) the condition that the land may not be transferred,
without a specified building or building of a specified
class or description having been erected on the land,
except with the consent of the Corporation, or
(b) that a recording made in accordance with paragraph (a) has
ceased to have effect.
(2) If a recording has been made in the Register in accordance with
subsection (1) (a) in respect of any land (being a recording that has not
ceased to have effect) and the Corporation subsequently enters into a
contract for the sale of the land, each condition to which the recording
relates has effect as a condition of the contract for the sale of the land.
(3) A condition referred to in subsection (1) does not merge in the transfer
of title to the land on completion of a sale of the land by the
Corporation.
(4) If a recording has been made in the Register in accordance with
subsection (1) (a) in respect of any land, the Registrar-General must
not register under the Real Property Act 1900 a transfer of the land to
or by a person other than the Corporation unless:
(a) a recording in accordance with subsection (1) (b) has been
made in respect of the land, or
(b) the consent of the Corporation to the transfer has been endorsed
on the transfer.
Page 17
Clause 26 Housing Bill 2001
Part 4 Acquisition, sale, development and management of land and property
Division 3 Contracts for sale of land
26 Cancellation of agreement (cf Act No 7, 1912, s 42)
If any contract for the sale of land from the Corporation is cancelled or
forfeited for non-fulfilment of the conditions of the contract, the
Corporation may, instead of any damages provided for in the contract,
claim and recover for use and occupation an amount equivalent to 8.5
per cent per annum of the improved capital value of the property.
27 Possession to Corporation on cancellation of agreement (cf Act No 7,
1912, s 43)
(1) If a purchaser under a contract of sale of land from the Corporation
makes default in relation to any of the conditions of the contract, and
the default continues for a period of 60 days or more:
(a) the whole of the purchase money and other money owing under
the contract becomes due and payable immediately, and
(b) those amounts may be recovered by the Corporation with
interest at the rate payable under the contract, and
(c) the Corporation may, with or without giving notice, cancel the
contract or enter into possession of the land described in the
contract, and any house erected on that land, and receive the
rents and profits of that land.
(2) At any time after the cancellation of a contract under this section, or
when the Corporation proposes to enter into possession of the land and
house described in the contract and receive the rents and profits of the
land, the Corporation may:
(a) require the purchaser or occupant to deliver up possession of
the land and house described in the contract, and
(b) if the purchaser or occupant refuses to deliver possession, issue
a warrant to the sheriff to deliver possession to the person
specified in the warrant.
(3) On the receipt of a warrant under this section the sheriff must execute
the warrant and deliver possession of the house and land in
accordance with the warrant.
(4) The costs incurred in connection with the issue and execution of the
warrant, to be determined by the Sheriff, are to be paid by the person
refusing to give possession.
(5) Any costs due to the Corporation under this section may be recovered
by the Corporation as a debt in a court of competent jurisdiction.
Page 18
Housing Bill 2001 Clause 27
Acquisition, sale, development and management of land and property Part 4
Contracts for sale of land Division 3
(6) The Corporation may, in its discretion, repay to a purchaser whose
agreement has been cancelled under this section the whole or such
proportion as it thinks fit of the purchase money of the house which
has been paid by the purchaser under this Act.
(7) If the Corporation has, without cancelling a contract of sale, entered
into possession of the land and house described in the contract, it may
remain in possession until such time as it indicates to the person
entitled to the benefit of the contract its intention to vacate possession
or until the terms and conditions of the contract have been fully
completed and satisfied.
Division 4 Construction of buildings
28 Construction of buildings by Corporation (cf Act No 7, 1912, s 7)
The Corporation may erect on any land vested in or acquired by the
Corporation buildings for residential, business, or other purposes, or
for public use, and has the duty of maintaining and repairing them for
so long as the Corporation has control over the land.
29 Building materials (cf Act No 7, 1912, s 7A)
The Corporation may manufacture or produce for, or purchase from or
supply to, any person building materials, fittings or appliances on such
terms and conditions as the Corporation may from time to time
determine.
30 Temporary buildings (cf Act No 7, 1912, s 7B)
The Corporation may construct buildings for emergency housing
accommodation and, on such terms and conditions as it considers
reasonable, may sell or hire any such building to any person legally
possessed of land.
31 Construction of other buildings (cf Act No 7, 1912, s 18)
(1) This section applies to a request from:
(a) any Minister of the State of New South Wales or any Minister
of State of the Commonwealth, or
(b) any Government Department of the State of New South Wales
or any Department of State of the Commonwealth, or
Page 19
Clause 31 Housing Bill 2001
Part 4 Acquisition, sale, development and management of land and property
Division 4 Construction of buildings
(c) any statutory body representing the Crown and incorporated
under any Act of New South Wales or the Commonwealth, or
both.
(2) The Corporation may, on receiving a request to do so and at the cost
of and on such terms as may be agreed on by the Minister,
Department or statutory body making the request, construct buildings
and carry out works:
(a) on land vested in the Minister, Department or statutory body, or
(b) on land otherwise lawfully available to the Minister,
Department or statutory body for the construction of the
buildings or the carrying out of the works.
(3) The Corporation may exercise the powers conferred on it under this
section even if the cost of the buildings constructed or the works
carried out by it is not met directly out of funds of the Minister,
Department or statutory body making the request so long as an
arrangement has been made with the Treasurer by the Minister,
Department or statutory body for the payment of that cost to the
Housing Account.
(4) In this section:
buildings means buildings intended for use for any purpose.
works includes road, drainage, and site developmental works and any
other incidental works.
Division 5 Change in management of land
32 Management of land purchased or compulsorily acquired otherwise
than under this Act (cf Act No 7, 1912, s 17)
(1) The Governor may, by notification published in the Gazette, impose
on the Corporation the duty of managing any land:
(a) that has been purchased or compulsorily acquired on behalf of
the Crown otherwise than under this Act, and
(b) that is not by statute or other authority placed in the charge of
any other officer or public body.
(2) The Governor may revoke or alter any such notification by further
notification published in the Gazette.
Page 20
Housing Bill 2001 Clause 32
Acquisition, sale, development and management of land and property Part 4
Change in management of land Division 5
(3) For the purpose of managing land under this section, the Corporation
has, exclusively, the powers of a Constructing Authority under
Division 7 of Part 6 of the Public Works Act 1912.
(4) Money received by the Corporation in respect of land managed by it
under this section is to be paid into the Treasury into such account as
the Treasurer may direct.
(5) The expenditure of the Corporation in relation to land managed by it
under this section is to be met from money appropriated by Parliament
for that purpose.
33 Withdrawal of land from Corporation (cf Act No 7, 1912, s 18B)
(1) The Governor may by proclamation withdraw from the Corporation
any land vested in the Corporation under this Act.
(2) On publication of the proclamation in the Gazette the land specified in
the proclamation ceases to be vested in the Corporation and is taken to
be Crown land reserved under the Crown Lands Act 1989.
(3) On any land so withdrawn being subsequently sold, leased or
otherwise disposed of, subsections (4) and (5) apply.
(4) If the land is land that was not Crown land and was compulsorily
acquired or purchased for housing purposes, the proceeds of the sale
or lease or other disposition, less the costs of collection and other
necessary expenses, are to be paid to the Housing Account.
(5) If the land is land that was Crown land and was compulsorily acquired
for housing purposes, the proceeds of the sale, lease or other
disposition are to be applied as follows:
(a) the costs of collection and other necessary expenses are to be
paid first,
(b) of the balance, the amount which represents the value of the
land at the date of the acquisition is to be credited to such
accounts as it would be credited to if the amount were received
in the ordinary course of the alienation of Crown land,
(c) of the balance remaining, the Housing Account is to be credited
with the amount (if any) expended from that account in respect
of the acquisition and any works for the improvement of the
land,
Page 21
Clause 33 Housing Bill 2001
Part 4 Acquisition, sale, development and management of land and property
Division 5 Change in management of land
(d) if there is any balance remaining, the surplus is to be divided
equally, and one-half credited to the Housing Account and the
other half credited as specified in paragraph (b).
34 Dedication of land by Corporation for public purposes (cf Act No 62, 1976,
s 15)
(1) The Corporation may, by order published in the Gazette, declare that
it proposes to surrender land that is vested in the Corporation and
described or referred to in the order to be dedicated under the Crown
Lands Act 1989 for any public purpose specified in the order.
(2) On the surrender of land described or referred to in an order under this
section, the land is taken to be Crown land dedicated under the Crown
Lands Act 1989 for the public purpose specified in the order.
(3) Without limiting the power conferred under subsection (1), the
Corporation may, by notification published in the Gazette, dedicate as
a public reserve or drainage reserve land that is vested in the
Corporation and described or referred to in the notification and that is
situated in an area within the meaning of the Local Government
Act 1993.
(4) On the publication in the Gazette of a notification referred to in
subsection (3), the land described or referred to in the notification vests
in the council of the area in which the land is situated and is subject to
the provisions of the Local Government Act 1993 relating to public
reserves or drainage reserves, as the case may be.
35 Exercise of council's powers by Corporation (cf Act No 62, 1976, s 19)
(1) The Minister administering the Local Government Act 1993 may, by
order published in the Gazette:
(a) transfer to the Corporation such of the functions conferred on
a council by or under that Act as are specified or described in
the order, and
(b) specify or describe any land vested in the Corporation in or, in
relation to which, any transferred function is to be exercised by
the Corporation.
(2) An order under this section operates so as to transfer to the
Corporation, in accordance with the terms of the order, the functions
referred to in the order.
Page 22
Housing Bill 2001 Clause 35
Acquisition, sale, development and management of land and property Part 4
Change in management of land Division 5
(3) Without affecting the generality of subsection (2), a function conferred
on the Corporation by an order under this section is to be exercised by
the Corporation only in or in relation to land vested in the Corporation
and specified or described in the order.
(4) The provisions of the Local Government Act 1993 apply:
(a) subject to paragraph (b) with such adaptations as are necessary,
or
(b) with such adaptations as are specified in the order,
to and in relation to the exercise of functions specified or described in
an order under this section as if the Corporation were a council and the
land in respect of which those functions may be exercised formed part
of that council's area.
(5) A function conferred on the Corporation by an order under this section
is, to the extent specified in the order, taken to be transferred from the
council specified in the order, and, to that extent, the council ceases to
have that function or to be under any obligation in relation to that
function.
Page 23
Clause 36 Housing Bill 2001
Part 5 Housing areas
Part 5 Housing areas
36 Declaration of housing areas (cf Act No 7, 1912, s 4D)
(1) The Minister may recommend to the Governor that any area should be
constituted a housing area and any such recommendation must be
accompanied by a plan indicating the area proposed to be constituted
a housing area.
(2) If the Minister has made a recommendation with respect to any area,
the Governor may by notification published in the Gazette and in a
newspaper circulating in the area concerned declare the area to be a
housing area and on the publication of the notification in the Gazette
the area is constituted a housing area.
(3) The Governor may revoke any such notification on a similar
recommendation and in a similar manner.
(4) The Corporation must cause a plan of the housing area to be lodged
with:
(a) the Registrar-General, and
(b) the Valuer-General, and
(c) the council of the area within which the housing area is
situated.
37 Consequences of declaration of housing areas (cf Act No 7, 1912, s 4D)
(1) During any period within which any notification is in force in respect
of any housing area under this Part, the owner of, and any other person
having an interest in, the land within the housing area must not,
without the consent of the Corporation:
(a) construct, build, place, reconstruct, rebuild, demolish, damage,
replace or repair any building or work or part of a building or
work on the land, or
(b) sell the land or any part of the land or any interest in the land,
or
(c) lease the land or any part of the land for a term exceeding one
year.
Maximum penalty: 10 penalty units.
Page 24
Housing Bill 2001 Clause 37
Housing areas Part 5
(2) On the acquisition for the purposes of this Act of any land within a
housing area, no compensation is payable in respect of any
improvements made in contravention of subsection (1).
(3) If any transaction is entered into in contravention of subsection (1) (b)
or (c), the transaction is not invalid, and the rights, powers and
remedies of any person under the transaction are the same as if this
section had not been enacted.
Page 25
Clause 38 Housing Bill 2001
Part 6 Advances for houses, other buildings and land
Division 1 Advances for houses to individuals
Part 6 Advances for houses, other buildings and land
Division 1 Advances for houses to individuals
38 Definition
A reference in this Division to land owned by a person is a reference
to land held in fee simple by the person or held by the person under the
Crown Lands Act 1989.
39 Making of applications
(1) Any person may make an application to the Corporation under this
Division.
(2) An application must be in a form approved by the Corporation.
40 Corporation may assist in obtaining a house (cf Act No 7, 1912, s 24)
(1) The Corporation may advance money to a person or on the person's
behalf to enable the person to erect a house on land owned by the
person.
(2) The Corporation may erect a house for a person on land owned by the
person.
(3) The Corporation may advance money to a person or on a person's
behalf to enable the person to purchase a house.
41 Determination of applications (cf Act No 7, 1912, s 25)
(1) The Corporation may grant an application under this Division
unconditionally or subject to such conditions as it thinks fit, or it may
refuse the application.
(2) However, the Corporation must not grant an application unless the
applicant:
(a) satisfies the Corporation that the house is for the applicant's use
or for the use of a member of the applicant's family, and
(b) satisfies such other requirements as to eligibility as may from
time to time be determined by the Corporation and approved by
the Minister.
Page 26
Housing Bill 2001 Clause 41
Advances for houses, other buildings and land Part 6
Advances for houses to individuals Division 1
(3) If the application is for the erection of a house by the Corporation on
land:
(a) owned by the applicant, and
(b) subject to a mortgage or charge securing money owing by the
applicant or in respect of which there is money owing to the
Crown,
the amount required to discharge that mortgage or charge or that debt
to the Crown may be added to the amount to be expended by the
Corporation in the erection of the house.
(4) The Corporation may determine from time to time a limit on the
amount that may be added to the amount to be expended as referred to
in subsection (3) and the amount that may be so added must not
exceed that limit.
(5) The repayment of any amount that is added under subsection (4) to an
amount to be expended is to be provided for in the security given by
the applicant under section 46.
42 Agreement to be entered into (cf Act No 7, 1912, s 27)
A person who makes an application for the Corporation to take action
under section 40 (1) or (2) must, if the application is granted, enter into
such agreement as may be required by the Corporation and pay the fee
(if any) prescribed by the regulations.
43 Advice to be obtained in relation to purchase of house (cf Act No 7, 1912,
s 28)
(1) Before an application for the Corporation to take action under section
40 (3) is granted, the Corporation must, after taking expert advice,
determine the value of the property proposed to be purchased.
(2) The amount to be advanced by the Corporation must not exceed the
value so determined or the purchase price, whichever is less.
44 Where money advanced not applied to proper purpose (cf Act No 7, 1912,
s 29)
(1) If at any time, in the opinion of the Corporation, any money advanced
under this Division has not been applied to the purpose for which it
was advanced, or has not been carefully and economically expended,
the Corporation:
Page 27
Clause 44 Housing Bill 2001
Part 6 Advances for houses, other buildings and land
Division 1 Advances for houses to individuals
(a) may refuse to pay any further instalments of the proposed
advance, and
(b) may at once call in the whole amount already advanced,
together with costs and expenses incurred in connection with
the advance.
(2) Any amount referred to in subsection (1) (b) must immediately be
repaid by the person to whom the advance in question was made.
45 Periods for repayment (cf Act No 7, 1912, s 30)
(1) The regulations may make provision for or with respect to the
maximum periods for repayment by instalments of advances and
money expended by the Corporation under this Division.
(2) Without limiting the generality of subsection (1), the regulations may
prescribe different periods of time in respect of different buildings
having regard to the materials of which they are constructed.
46 Security for advance (cf Act No 7, 1912, s 31)
(1) A person to whom money is advanced by the Corporation under this
Division or in respect of whom money is expended by the Corporation
under this Division must give security to the satisfaction of the
Corporation.
(2) If any money advanced or expended under this Division is secured by
a mortgage of land, the mortgage must:
(a) contain covenants for keeping the mortgaged premises in repair
and insured in the name of the Corporation, and
(b) be registered in the Land Titles Office.
47 Conditions annexed to land while subject to mortgage (cf Act No 7, 1912,
s 33)
The following conditions apply in respect of land subject to any
mortgage under this Division:
(a) the land, and any part of the land, must not be transferred,
assigned, or let without the previous consent in writing of the
Corporation,
Page 28
Housing Bill 2001 Clause 47
Advances for houses, other buildings and land Part 6
Advances for houses to individuals Division 1
(b) any transfer, assignment, or letting of the land, or any part of
the land, in contravention of this section, is void, and the
Corporation may cause the estate of the owner in the land to be
sold,
(c) if the owner of the land becomes bankrupt, the Corporation
may cause the owner's estate in the land to be sold.
48 Application for foreclosure (cf Act No 7, 1912, s 34)
(1) This section applies to land that is not under the provisions of the Real
Property Act 1900.
(2) If any amount of principal or interest due in respect of any advance
made or money expended by the Corporation under this Division on
the security by mortgage of land is unpaid for a period of three months
after the due date, the Corporation may make an application to the
Registrar-General in writing for an order for foreclosure.
(3) An application under this section may be made instead of taking
proceedings in any court.
(4) An application under this section must state that:
(a) the default has been made in the circumstances referred to in
subsection (2), and
(b) the land, estate or interest mortgaged has been offered for sale
by public auction by a licensed auctioneer, and
(c) the amount of the highest bid at the sale was not sufficient to
satisfy the amount due, together with the expenses incurred by
the Corporation in connection with the sale, and
(d) notice in writing of the intention of the Corporation to make the
application has been given to the mortgagor or other person
entitled to the equity of redemption.
(5) An application under this section must be accompanied by a certificate
of the auctioneer by whom the land was put up for sale or of some
person present when the land was put up for sale and such other proof
of the matters stated in the application as the Registrar-General
requires.
(6) The statements made in an application under this section must be
verified by statutory declaration.
Page 29
Clause 48 Housing Bill 2001
Part 6 Advances for houses, other buildings and land
Division 1 Advances for houses to individuals
(7) The Registrar-General may, at the expense of the Corporation, cause
notice to be published once in the Gazette and once in each of the
three succeeding weeks, in at least one newspaper circulating in the
district in which the mortgaged land is situated, offering the land for
sale.
(8) The notice must specify a time (not less than one month from the date
of the publication of the notice in the Gazette) on or after which the
Registrar-General may issue to the Corporation an order for
foreclosure unless in the interval a sufficient amount has been realised
by the sale of the land to satisfy the principal and interest due and all
the expenses incurred by the taking of action under this section or
connected with the sale.
(9) An order for foreclosure under this section, on registration under the
Conveyancing Act 1919, has the effect of barring all right and equity
of redemption in the land concerned on the part of the mortgagor or of
any person claiming through or under the mortgagor.
49 Sale of land on default of mortgagor (cf Act No 7, 1912, s 35)
If land is sold by the Corporation under this Division, the land is freed
from any charge in respect of money owed under a mortgage in favour
of the Corporation or any restriction imposed by this Act.
50 Building relief to owner of land (cf Act No 7, 1912, s 39A)
The Corporation may, at its discretion, make advances on such
securities and at such rates of interest and subject to such covenants,
conditions and provisions as it thinks fit to impose for the purpose of
enabling any person who owns land to alter, extend, paint, repair,
renovate or improve buildings on that land, or to carry out other
improvements on that land.
Page 30
Housing Bill 2001 Clause 51
Advances for houses, other buildings and land Part 6
Advances for public buildings and to councils, societies, associations and Division 2
Division 2 Advances for public buildings and to councils,
societies, associations and clubs for houses and
other buildings
51 Corporation may assist councils to erect houses (cf Act No 7, 1912, s 39)
The Corporation may, subject to and for the purposes of this Act and
subject to the provisions of the Local Government Act 1993, assist
councils to erect houses by making grants or loans to those councils on
such terms and conditions as to rate of interest and repayment or
otherwise, and on such security, as the Corporation thinks fit.
52 Power to assist building societies by loans (cf Act No 7, 1912, s 38)
The Corporation may, subject to and for the purposes of this Act, assist
any building society, whose objects include the erection or provision
of houses for its members, by making grants or loans to the society, or
subscribing for any share or loan capital of the society, on such terms
and conditions as to rate of interest and repayment or otherwise, and
on such security, as the Corporation thinks fit.
53 Building relief (cf Act No 7, 1912, s 39A)
The Corporation may, at its discretion, make advances on such
securities and at such rates of interest and subject to such covenants,
conditions and provisions as it thinks fit to impose for the purpose of
enabling:
(a) any building of a public or civic character or any public
recreation ground to be constructed, erected, renovated, repaired
or extended, or
(b) any pastoral, agricultural or horticultural association, club,
progress association or friendly society to extend, paint, repair
or renovate buildings.
Page 31
Clause 54 Housing Bill 2001
Part 7 Rental rebate
Part 7 Rental rebate
54 Application of Part
This Part applies to tenants:
(a) who are renting public housing, or
(b) who are renting housing leased in accordance with the
HomeFund Restructuring Act 1993 or that is substituted for
housing leased in accordance with that Act, or
(c) who belong to such class or classes of tenant as may be
prescribed by the regulations.
55 Application for rental rebate
A tenant to whom this Part applies may make an application to the
Corporation in a form approved by the Corporation for a weekly rebate
of rental.
56 Grant of rental rebate
(1) The Corporation may, after making an investigation under section 58,
grant to an applicant a weekly rebate of rental.
(2) The amount of rebate is to be determined by the Corporation in
accordance with guidelines approved by the Minister.
57 Cancellation or variation of rental rebate
(1) The Corporation may, after conducting an investigation under
section 58, vary or cancel any rental rebate granted under this Part.
(2) The Corporation is to determine the date (being a date occurring
before, on or after the making of the determination) on which the
variation or cancellation has effect or is taken to have effect.
(3) The Corporation is to give notice in writing to a tenant of any decision
to vary or cancel any rental rebate being received by the tenant and is
to include in the notice the date on which the variation or cancellation
takes effect or is taken to have effect.
(4) If the Corporation reduces or cancels a tenant's rental rebate under this
Part with effect from a preceding date, the Corporation may, by notice
in writing to the tenant, require the tenant to pay to the Corporation:
Page 32
Housing Bill 2001 Clause 57
Rental rebate Part 7
(a) an amount equal to any rental rebate or part of a rental rebate
received by the tenant on or after the date that the variation or
cancellation took effect to which, because of the variation or
cancellation, the tenant was not entitled, and
(b) interest (at the rate payable on unpaid judgments of the
Supreme Court) on any outstanding amount under paragraph (a)
from a date specified in the notice, being a date not earlier than
the date on which the notice is issued to the tenant.
(5) Any amount (together with interest) referred to in subsection (4) that
is unpaid may be recovered by the Corporation as a debt in any court
of competent jurisdiction.
58 Investigation of application
(1) The Corporation may make an investigation to determine the weekly
income of:
(a) a person who is an applicant for, or a recipient of, a rental
rebate under this Part, and
(b) any other resident of the house in which that person resides.
(2) The Corporation may require a person who is an applicant for, or a
recipient of, a rental rebate under this Part to produce such evidence as
the Corporation thinks fit of the person's weekly income and of the
weekly income of any other resident of the house in which that person
resides.
Page 33
Clause 59 Housing Bill 2001
Part 8 Joint ventures, interests in private corporations and trusts
Part 8 Joint ventures, interests in private corporations
and trusts
Note. The Public Authorities (Financial Arrangements) Act 1987 imposes requirements and
limitations on authorities covered by that Act with respect to the entry into and maintenance of
financial arrangements and joint ventures.
59 Definitions
In this Part:
joint venture has the same meaning as in section 22K of the Public
Authorities (Financial Arrangements) Act 1987.
private corporation means a corporation within the meaning of the
Corporations Law, whether formed in or outside New South Wales.
subsidiary corporation means a private corporation in which the
Corporation has a controlling interest.
60 Power to enter into joint ventures (cf Act No 7, 1912, ss 16, 16A)
(1) The Corporation may, with the approval of the Minister, enter into a
joint venture with other persons or bodies for any of the following
purposes:
(a) the acquisition, development, management or disposal of land
for residential, business, public or other purposes,
(b) the provision of services and products in relation to the
provision of housing or to the housing industry,
(c) implementing the objects of this Act.
(2) The Corporation must not enter into a joint venture with a public
authority constituted by or under an Act without the concurrence of the
Minister administering that Act and the approval of the Treasurer.
(3) The Treasurer may require the Minister and the Corporation to provide
information to enable the Treasurer to determine whether to give an
approval under Part 2D of the Public Authorities (Financial
Arrangements) Act 1987 in relation to the joint venture or to grant
concurrence under subsection (2).
(4) The Corporation is to comply with any conditions to which the
approval or concurrence of the Treasurer is subject.
Page 34
Housing Bill 2001 Clause 60
Joint ventures, interests in private corporations and trusts Part 8
(5) Despite anything in any other Act, any public authority constituted by
or under an Act is authorised and has power to enter into a joint
venture referred to in this section and may do or suffer anything
necessary or convenient for, or incidental to, carrying out the joint
venture.
Note. Part 2D of the Public Authorities (Financial Arrangements) Act 1987 requires
an authority, before entering into an arrangement to carry on a joint venture, to
obtain the Treasurer's approval to the arrangement.
61 Powers in relation to formation of and interests in corporations
(1) The Corporation, with the approval of the Minister and for the purpose
of furthering the objects of this Act:
(a) may form, or participate in the formation of, private
corporations, and
(b) may acquire interests in private corporations, and
(c) may sell or otherwise dispose of interests in private
corporations.
(2) The Minister must not give such an approval except with the
concurrence of the Treasurer.
(3) The concurrence of the Treasurer may be given unconditionally or
subject to conditions.
(4) The regulations may make provision for or with respect to
requirements to be met before the concurrence of the Treasurer is
given. Such a regulation may be made only on the recommendation of
the Treasurer.
(5) The Treasurer may require the Minister and the Corporation to provide
information to enable the Treasurer to determine whether to give
concurrence under this section.
(6) The Corporation is to comply with any conditions to which the
concurrence of the Treasurer is subject and is to ensure that any
subsidiary corporation to which the concurrence relates complies with
any such condition.
(7) A subsidiary corporation is not, and does not represent, the Crown.
(8) Schedule 2 has effect.
Page 35
Clause 62 Housing Bill 2001
Part 8 Joint ventures, interests in private corporations and trusts
62 Formation of trusts
The Corporation may, but only with the approval of the Minister and
the Treasurer, form or join in forming a trust for any of the purposes
referred to in section 60 (1).
Page 36
Housing Bill 2001 Clause 63
Finance Part 9
Part 9 Finance
63 Housing Account (cf Act No 163, 1985, s 8)
(1) There is to be established a Housing Account in the Special Deposits
Account.
(2) The Housing Account is to consist of:
(a) all money advanced to the Department or the Corporation by
the Treasurer or appropriated by Parliament for the purposes of
the Department or the Corporation, and
(b) all money received in respect of land sold or leased by the
Corporation under this Act, and
(c) all money directed or authorised to be paid into the Housing
Account by or under this or any other Act, and
(d) all money received by the Department or the Corporation from
any other source (other than money required to be paid into the
Housing Reserve Fund).
(3) The Housing Account is to be applied for the purpose of enabling the
Department and the Corporation to exercise their functions.
(4) All expenditure incurred by the Department, including salaries, is to be
met from the Housing Account.
(5) The Corporation is to keep a separate account within the Housing
Account in respect of the following:
(a) money transferred to the Corporation by the operation of
Schedule 3 that was, immediately before the transfer, held by
the Home Purchase Assistance Authority and provided to the
Authority under a Commonwealth State agreement to be used
for the purposes of mortgage assistance,
(b) all money made available to the Corporation under section 64.
64 Money advanced by Commonwealth (cf Act No 163, 1985, s 9)
(1) Except as otherwise determined by the Treasurer of the State, any
money received by the State from the Treasurer of the Commonwealth
in pursuance of any enactment of the Commonwealth passed either
before or after the commencement of this Act under which money is
granted to the States to be applied by the States for purposes
Page 37
Clause 64 Housing Bill 2001
Part 9 Finance
contemplated by this Act, is to be paid by the Treasurer of the State to
a special account in the Treasury.
(2) From a special account referred to in subsection (1) the Treasurer of
the State, on the recommendation of the Minister, is from time to time
to make available to the Corporation money to meet expenditure
incurred or to be incurred in carrying out the purposes for which the
money was granted by the Commonwealth.
(3) This section does not apply in respect of any money received by the
State that is to be applied for the purposes of the Aboriginal Housing
Act 1998.
65 Proceeds of sale of certain land to be paid to Consolidated Fund (cf Act
No 163, 1985, s 10)
The net proceeds of the sale of any land vested in the Corporation and
of a class or description for the time being determined by the
Treasurer, with the concurrence of the Minister, is to be paid from the
Housing Account to the Consolidated Fund in accordance with
arrangements determined from time to time by the Treasurer.
66 Establishment of Housing Reserve Fund (cf Act No 15, 1993, s 13A)
(1) The Corporation is to establish a Housing Reserve Fund.
(2) The following amounts must be paid into the Housing Reserve Fund:
(a) contributions to the Home Purchase Assistance Fund,
(b) money that is appropriated by Parliament for the purposes of
the Fund,
(c) money that is authorised or required, by or under this or any
other Act or law, to be paid into the Fund,
(d) interest and any other amounts from time to time accruing from
the investment of the Fund.
(3) Money may be paid out of the Housing Reserve Fund only for any of
the following purposes:
(a) contributing to the funding of any mortgage and rent relief
program conducted by the State in accordance with any relevant
Commonwealth State agreement,
Page 38
Housing Bill 2001 Clause 66
Finance Part 9
(b) contributing to the funding of rental housing and home
purchase assistance programs in accordance with the State's
obligations to provide matching funds under any relevant
Commonwealth State agreement,
(c) contributing to the funding of any other housing program
conducted or approved by the Minister, including any program
for the restructuring of a HomeFund scheme.
67 Financial year
(1) The financial year of the Corporation is the same as that of the
Department.
(2) Nothing in this Part affects the operation of the Public Finance and
Audit Act 1983.
Page 39
Clause 68 Housing Bill 2001
Part 10 Miscellaneous
Part 10 Miscellaneous
68 Investigation (cf Act No 7, 1912, s 40F)
(1) The Corporation may, and whenever required by the Minister must,
conduct investigations as to the methods that should be adopted to
ensure the provision in the State of adequate housing accommodation
on reasonable terms or at reasonable rentals.
(2) The Corporation must furnish the Minister with a report setting out the
results of any investigation made under this section.
69 False statements and representations
(1) A person must not wilfully make any false statement or representation:
(a) to obtain or claim from the Corporation accommodation or a
rental rebate, or any other advantage or concession, or
(b) to deceive any officer or employee of the Corporation in
relation to obtaining accommodation or a rental rebate, or any
other advantage or concession from the Corporation, or
(c) to affect the rate or amount of any rental rebate from the
Corporation.
Maximum penalty: 20 penalty units.
(2) A person must not by means of personation or any other fraudulent
device obtain or claim from the Corporation accommodation or any
rental rebate or any other advantage or concession.
Maximum penalty: 20 penalty units.
(3) A person:
(a) who causes the commission of an offence against this section,
or
(b) by whose order or direction such an offence is committed, or
(c) who aids, abets, counsels or procures or by act or omission is
directly or indirectly concerned in the commission of such an
offence,
is guilty in the same degree and liable to the same penalty as the
principal offender.
Page 40
Housing Bill 2001 Clause 70
Miscellaneous Part 10
70 Misuse of information (cf Act No 163, 1985, s 13)
(1) If, through his or her association with the Department or the
Corporation, a person has knowledge of specific information relating
to proposals made, or to be made, under or for the purposes of this Act
in respect of the acquisition, use, development or disposal of land and
that information is not generally known but, if generally known, might
reasonably be expected to affect materially the market price of that
land, that person contravenes this subsection if that person:
(a) deals, directly or indirectly, in that or in any other land for the
purpose of gaining a personal advantage by the use of that
information, or
(b) divulges that information for the purpose of enabling another
person to gain an advantage by using that information to deal,
directly or indirectly, in that or in any other land.
Maximum penalty: 20 penalty units.
(2) If, through his or her association with the Department or the
Corporation, a person is in a position to influence proposals made, or
to be made, under or for the purposes of this Act in respect of the
acquisition, use, development or disposal of land and does influence
the proposals by securing the inclusion or alteration of any matter in,
or the exclusion or omission of any matter from, the proposals, that
person contravenes this subsection if that person:
(a) does so for the purpose of gaining a personal advantage, or
(b) does so for the purpose of enabling another person to gain an
advantage.
Maximum penalty: 20 penalty units.
(3) If:
(a) a contravention of subsection (1) occurs and an advantage,
referred to in that subsection, is gained from any dealing in land
to which the contravention relates, or
(b) a contravention of subsection (2) occurs and an advantage,
referred to in that subsection, is gained from any dealing in land
which would not have been gained if the proposals concerned
had not been influenced,
Page 41
Clause 70 Housing Bill 2001
Part 10 Miscellaneous
any person who gained that advantage is, whether or not any person
has been prosecuted for or convicted of an offence in respect of a
contravention of subsection (1) or (2), liable to another person for the
amount of any loss incurred by that other person by reason of the
gaining of that advantage.
(4) If a loss referred to in subsection (3) is incurred by reason of an
advantage gained from a dealing in land, the amount of the loss is the
difference between the price at which the dealing was effected and:
(a) in the case of any dealing to which subsection (1) relates, the
price that, in the opinion of the court before which it is sought
to recover the amount of the loss, would have been the market
price of the land at the time of the dealing if the specific
information used to gain that advantage had been generally
known at that time, or
(b) in any case to which subsection (2) relates, the price that, in the
opinion of the court before which it is sought to recover the
amount of the loss, would have been the market price of the
land at the time of the dealing if the proposals concerned had
not been influenced.
(5) An action to recover a loss, referred to in subsection (3), may not be
brought more than 5 years after the dealing in land in relation to which
the loss was incurred.
(6) For the purposes of this section, a person is associated with the
Department or the Corporation:
(a) if the person is an officer of the Department or the Corporation,
or
(b) if the person is an officer or employee of the Department of
Urban Affairs and Planning or a person who is a member of a
committee or subcommittee established by or under the
Environmental Planning and Assessment Act 1979, or
(c) if the person is a councillor or an employee of a council, or
(d) if the person acts or has acted as banker, solicitor, auditor or
professional adviser or in any other capacity for the
Department, the Corporation, the Minister, the Department of
Urban Affairs and Planning or a council, or
(e) if the person is a director, manager or secretary of a body
corporate associated by virtue of paragraph (d).
Page 42
Housing Bill 2001 Clause 71
Miscellaneous Part 10
71 Disclosure of information (cf Act No 163, 1985, s 14)
A person must not disclose any information obtained in connection
with the administration or execution of this Act (or any other Act
conferring or imposing functions on the Corporation) unless that
disclosure is made:
(a) with the consent of the person from whom the information was
obtained, or
(b) in connection with the administration or execution of this Act
(or any such other Act), or
(c) for the purposes of any legal proceedings arising out of this Act
(or any such other Act) or of any report of any such
proceedings, or
(d) in accordance with a requirement imposed under the
Ombudsman Act 1974, or
(e) with other lawful excuse.
Maximum penalty: 20 penalty units.
72 Service of documents
(1) A document may be served on the Corporation by leaving it at, or by
sending it by post to:
(a) the office of the Corporation, or
(b) if it has more than one office, any one of its offices.
(2) Nothing in subsection (1) affects the operation of any provision of a
law or of the rules of a court authorising a document to be served on
the Corporation in a manner not provided for by subsection (1).
73 Recovery of amounts due to Corporation
Any charge, fee or other money due to the Corporation may be
recovered by the Corporation as a debt in a court of competent
jurisdiction.
74 Proceedings for offences
Proceedings for an offence against this Act or the regulations may be
disposed of summarily before a Local Court.
Page 43
Clause 75 Housing Bill 2001
Part 10 Miscellaneous
75 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for
or with respect to any matter that by this Act is required or permitted
to be prescribed or that is necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
(2) In particular, the regulations may make provision for or with respect
to fees in connection with any application under this Act.
(3) A regulation may create an offence punishable by a penalty not
exceeding 25 penalty units.
76 Repeals
(1) The Housing Act 1912 is repealed.
(2) The Housing Act 1976 is repealed.
(3) The Housing Act 1985 is repealed.
(4) The Home Purchase Assistance Authority Act 1993 is repealed.
77 Amendment of other Acts
Each Act specified in Schedule 1 is amended as set out in that
Schedule.
78 Savings, transitional and other provisions
Schedule 3 has effect.
79 Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the Act
remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of
5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of
Parliament within 12 months after the end of the period of 5 years.
Page 44
Housing Bill 2001
Amendment of other Acts Schedule 1
Schedule 1 Amendment of other Acts
(Section 77)
1.1 Aboriginal Housing Act 1998 No 47
Section 4 Definitions
Omit "Housing Act 1985" from the definition of Land and Housing
Corporation.
Insert instead "Housing Act 2001".
1.2 Co-operative Housing and Starr-Bowkett Societies Act 1998
No 11
[1] Section 59 Treasurer's indemnity for loans by co-operative housing
society
Omit "Home Purchase Assistance Authority" from section 59 (1).
Insert instead "New South Wales Land and Housing Corporation".
[2] Section 60 Treasurer's guarantee for co-operative housing society
loans
Omit "Home Purchase Assistance Authority" from section 60 (1).
Insert instead "New South Wales Land and Housing Corporation".
[3] Section 191 The Standards Committee
Omit section 191 (1) (b). Insert instead:
(b) the Director-General of the Department of Housing or
his or her nominee (being a member of staff of the
Department of Housing or the New South Wales Land
and Housing Corporation),
Page 45
Housing Bill 2001
Schedule 1 Amendment of other Acts
1.3 Defamation Act 1974 No 18
Section 17P Matters relating to the HomeFund Advisory Panel
Omit the section.
1.4 First State Superannuation Act 1992 No 100
Schedule 1 Employers
Omit "Home Purchase Assistance Authority" from Part 1 of Schedule 1.
1.5 HomeFund Commissioner Act 1993 No 9
Section 9 Delegation of functions
Omit section 9 (3) (b).
1.6 HomeFund Restructuring Act 1993 No 112
[1] Section 3 Definitions
Insert "(as in force before its repeal)" after "1993" in the definition of Home
Purchase Assistance Authority in section 3 (1).
[2] Section 3 (1)
Omit the definition of HomeFund Advisory Panel .
[3] Section 3 (1)
Insert in alphabetical order:
New South Wales Land and Housing Corporation means the
New South Wales Land and Housing Corporation constituted
under the Housing Act 2001.
Page 46
Housing Bill 2001
Amendment of other Acts Schedule 1
[4] Section 6 Restructuring scheme
Omit "section 13A (3) (e) of the Home Purchase Assistance Authority
Act 1993".
Insert instead "section 66 (3) (c) of the Housing Act 2001".
[5] Section 7 Variation of the restructuring scheme
Omit "Home Purchase Assistance Authority".
Insert instead "New South Wales Land and Housing Corporation".
[6] Section 9 Administration of restructuring scheme
Omit "Home Purchase Assistance Authority" from section 9 (1).
Insert instead "New South Wales Land and Housing Corporation".
[7] Section 9 (2)
Omit "Home Purchase Assistance Authority" from section 9 (2) where
firstly occurring.
Insert instead "New South Wales Land and Housing Corporation".
[8] Section 9 (2)
Omit "Home Purchase Assistance Authority Act 1993, including its
functions under section 13 (2)".
Insert instead "Housing Act 2001, including its functions under section
9 (2)".
[9] Section 10 Appeal against categorisation of borrower
Omit the section.
[10] Section 11 Decision on appeal
Omit the section.
[11] Section 12 Procedures for appeals
Omit the section.
Page 47
Housing Bill 2001
Schedule 1 Amendment of other Acts
[12] Section 13 Conferral of functions on HomeFund Advisory Panel
Omit the section.
[13] Section 21 Report
Omit "Home Purchase Assistance Authority".
Insert instead "New South Wales Land and Housing Corporation".
[14] Schedule 4 Savings and transitional provisions
Omit clause 4.
1.7 Landlord and Tenant (Rental Bonds) Act 1977 No 44
Section 20 Rental Bond Interest Account
Omit section 20 (2E).
1.8 Public Finance and Audit Act 1983 No 152
Schedule 2 Statutory bodies
Omit "Home Purchase Assistance Authority".
1.9 Public Sector Management Act 1988 No 33
Schedule 3B Senior executive positions
Omit from Part 1 under the heading Department of Housing:
Director, Operations, Home Purchase Assistance Authority
Executive Director, Home Purchase Assistance Authority
Insert instead:
Executive Director, Home Purchase Assistance Division
Director Operations, Home Purchase Assistance Division
Page 48
Housing Bill 2001
Amendment of other Acts Schedule 1
1.10 Residential Tenancies Act 1987 No 26
Section 3 Definitions
Omit "Urban Affairs and Planning" from paragraph (c) of the definition of
social housing provider in section 3 (1).
Insert instead "Housing".
1.11 State Authorities Non-contributory Superannuation Act 1987
No 212
Schedule 1 Employers
Omit "Home Purchase Assistance Authority" from Part 1 of Schedule 1.
1.12 State Authorities Superannuation Act 1987 No 211
Schedule 1 Employers
Omit "Home Purchase Assistance Authority" from Part 1 of Schedule 1.
1.13 Superannuation Act 1916 No 28
Schedule 3 List of employers
Omit "Home Purchase Assistance Authority" from Part 1 of Schedule 3.
1.14 Teacher Housing Authority Act 1975 No 27
Section 4 Definitions
Omit "Housing Act 1941" from the definition of Minister for Housing.
Insert instead "Housing Act 2001".
Page 49
Housing Bill 2001
Schedule 2 Superannuation provisions
Schedule 2 Superannuation provisions
(Section 61 (8))
1 Persons to whom Schedule applies
This Schedule applies to a person who:
(a) is employed by a private corporation in which the Corporation
has acquired an interest under section 61, and
(b) immediately before being so employed was an employee of the
Department or the Corporation, and
(c) was, at any time while being employed by the Department or
Corporation, a member of or contributor to an FTC scheme or
STC scheme.
2 Interpretation
(1) In this Schedule:
LGSS means the local government superannuation scheme.
(2) Expressions used in this Schedule have the same meaning as in the
Superannuation Administration Act 1996.
3 Transfer of employees to another superannuation scheme
(1) The Treasurer may by order in writing transfer a person to whom this
Schedule applies from an FTC scheme or an STC scheme to:
(a) the LGSS, or
(b) another superannuation scheme (whether or not established
under an Act) that is designated by the Treasurer for the
purposes of this clause by order in writing.
(2) The superannuation scheme to which a person is transferred under this
clause is referred to in this Schedule as the new scheme and the person
is referred to in this Schedule as a transferred person.
(3) The Treasurer is not to make such an order in respect of a person
unless the person has, no later than 3 months after the date on which
the person ceased to be employed by the Corporation, elected, by
notice in writing given to the Trustee, to transfer to the new scheme.
Page 50
Housing Bill 2001
Superannuation provisions Schedule 2
(4) The Treasurer, FTC and STC are to take all necessary steps generally
to facilitate the superannuation coverage of transferred persons by the
new scheme.
(5) For that purpose, the Treasurer may enter into arrangements with the
trustee of the new scheme, including arrangements for the amendment
of any relevant trust deed.
(6) Section 127 of the Superannuation Administration Act 1996 does not
limit or otherwise affect the operation of this clause and in particular
does not prevent the transfer to the LGSS of transferred persons or the
superannuation coverage of transferred persons by the LGSS.
4 Regulations
(1) Regulations may be made for or with respect to the transfer of a person
to whom this Schedule applies from an FTC scheme or an STC
scheme to the new scheme in accordance with a direction of the
Treasurer under this Schedule.
(2) In particular, regulations may be made for or with respect to the
following:
(a) the transfer of assets and liabilities of an FTC scheme or an
STC scheme, in respect of a transferred person, to the new
scheme,
(b) the transfer of assets and liabilities within an FTC scheme or
STC scheme, or between any such schemes, from any reserve
in respect of the employer or former employer of a transferred
person to the Crown's reserve,
(c) the preservation or deferral of benefits of transferred persons,
(d) the entitlements, rights and obligations under the new scheme
of a transferred person,
(e) providing for the resolution, by a prescribed authority or
person, of all or any prescribed class of disputes concerning the
entitlements, rights and obligations of a transferred person
under the new scheme.
(3) A regulation made under this Schedule has effect despite any provision
of an Act under which an FTC scheme or an STC scheme is
constituted.
Page 51
Housing Bill 2001
Schedule 2 Superannuation provisions
5 Mobility between new scheme and public sector schemes
For the purposes of section 128A of the Superannuation
Administration Act 1996, a transferred person is taken to be an
employee referred to in section 128A (3) (a).
Page 52
Housing Bill 2001
Savings, transitional and other provisions Schedule 3
Schedule 3 Savings, transitional and other provisions
(Section 78)
Part 1 General
1 Regulations
(1) The regulations may contain provisions of a savings or transitional
nature consequent on the enactment of the following Acts:
this Act
(2) Any such provision may, if the regulations so provide, take effect from
the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that
is earlier than the date of its publication in the Gazette, the provision
does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted to
be done before the date of its publication.
Part 2 Provisions consequent on enactment of this Act
2 Definition
In this Part, former Housing Act means the Housing Act 1912, the
Housing Act 1976 or the Housing Act 1985.
3 New South Wales Land and Housing Corporation
The Corporation is a continuation of and the same legal entity as the
New South Wales Land and Housing Corporation constituted by the
Housing Act 1985.
Page 53
Housing Bill 2001
Schedule 3 Savings, transitional and other provisions
4 Department of Housing
The Department of Housing established under the Housing Act 1985
is taken to have been established by order under the Public Sector
Management Act 1988.
5 Contracts, documents and agreements under former Housing Acts
(1) Any contract executed under any provision of a former Housing Act
is taken to have been executed under the corresponding provision of
this Act.
(2) Any approval, warrant or delegation executed under any provision of
a former Housing Act and in force immediately before the
commencement of this clause is taken to have been given or made
under the corresponding provision of this Act.
(3) The repeal of section 16 (5) of the Housing Act 1912 does not affect
any guarantee given under that subsection before its repeal.
(4) The repeal of section 16 (6) of the Housing Act 1912 does not affect
any advance or other financial accommodation provided under that
subsection before its repeal.
6 Dissolution of Home Purchase Assistance Authority and HomeFund
Advisory Panel
(1) The Home Purchase Assistance Authority constituted under the Home
Purchase Assistance Authority Act 1993 is dissolved.
(2) The Board of the Home Purchase Assistance Authority is dissolved.
(3) The HomeFund Advisory Panel appointed under section 17B of the
Home Purchase Assistance Authority Act 1993 is dissolved.
(4) A person holding office as a member of the Board of the Home
Purchase Assistance Authority or the HomeFund Advisory Panel
immediately before the commencement of this clause ceases to hold
office on that commencement and is not entitled to be paid any
remuneration or compensation by reason of ceasing to hold that office.
(5) Section 18 of the Home Purchase Assistance Authority Act 1993
(Personal liability of members and others) continues to have effect
despite the repeal of that Act.
Page 54
Housing Bill 2001
Savings, transitional and other provisions Schedule 3
7 Transfer of assets, rights and liabilities of Home Purchase Assistance
Authority
(1) On the dissolution of the Home Purchase Assistance Authority, the
assets, rights and liabilities of the Authority are transferred to the
Corporation.
(2) On the transfer, the following provisions have effect:
(a) the assets of the Home Purchase Assistance Authority vest in
the Corporation by virtue of this clause and without the need
for any conveyance, transfer, assignment or assurance,
(b) the rights and liabilities of the Home Purchase Assistance
Authority become by virtue of this clause the rights and
liabilities of the Corporation,
(c) all proceedings by or on behalf of, or against, the Home
Purchase Assistance Authority pending immediately before the
transfer are taken to be proceedings pending by or against the
Corporation,
(d) any act, matter or thing done or omitted to be done in relation
to the assets, rights or liabilities before the transfer by, to or in
respect of the Home Purchase Assistance Authority is (to the
extent to which that act, matter or thing has any force or effect)
taken to have been done or omitted by, to or in respect of the
Corporation,
(e) a reference in any other Act, in any instrument made under
another Act, or in any document of any kind, to the Home
Purchase Assistance Authority is, subject to the regulations
under clause 1, to be read as, or as including, a reference to the
Corporation.
(3) The operation of this clause is not to be regarded:
(a) as a breach of contract or confidence or otherwise as a civil
wrong, or
(b) as a breach of any contractual provision prohibiting, restricting
or regulating the assignment or transfer of assets, rights or
liabilities, or
(c) as giving rise to any remedy by a party to an instrument, or as
causing or permitting the termination of any instrument,
because of a change in the beneficial or legal ownership of any
asset, right or liability, or
Page 55
Housing Bill 2001
Schedule 3 Savings, transitional and other provisions
(d) as an event of default under any contract or other instrument.
8 Duty
Duty is not chargeable in respect of:
(a) the transfer of assets, rights or liabilities under clause 7, or
(b) anything certified by the Minister as having been done in
consequence of such a transfer (for example, the transfer or
registration of an interest in land).
9 Housing Reserve Fund
The Housing Reserve Fund established under section 13A of the Home
Purchase Assistance Authority Act 1993 before the repeal of that
section is taken to have been established under section 66 of this Act.
10 References to former bodies and Acts
(1) In any other Act, in any instrument made under any Act or in any other
instrument of any kind, except in so far as the context or subject-matter
otherwise indicates or requires or the regulations otherwise provide:
(a) a reference to the New South Wales Land and Housing
Corporation constituted by the Housing Act 1985 is to be read
as a reference to the Corporation constituted by this Act, and
(b) a reference to a former Housing Act is to be read as a reference
to this Act.
(2) In any other Act, in any instrument made under any Act or in any other
instrument of any kind, except in so far as the context or subject-matter
otherwise indicates or requires or the regulations otherwise provide, a
reference to the Home Purchase Assistance Authority constituted by
the Home Purchase Assistance Authority Act 1993 is to be read as a
reference to the Corporation.
(3) In any other Act, in any instrument made under any Act or in any other
instrument of any kind, except in so far as the context or subject-matter
otherwise indicates or requires or the regulations otherwise provide:
(a) a reference to the Land and Housing Corporation is to be read
as a reference to the New South Wales Land and Housing
Corporation constituted by this Act, and
Page 56
Housing Bill 2001
Savings, transitional and other provisions Schedule 3
(b) a reference to the Housing Commission of New South Wales
or the Land Commission of New South Wales or a member of
either Commission is to be read as a reference to the
Corporation, and
(c) a reference to an officer of either Commission is to be read as:
(i) subject to subparagraph (ii) a reference to the person
holding the office or position (if any) in the staff
establishment of the Department or Corporation that
corresponds to the office or position held by that officer,
or
(ii) a reference to the person holding such office or position
in the staff establishment of the Department or
Corporation as may be determined by the Director-
General from time to time in writing.
(4) Except in so far as the context or subject-matter otherwise indicates or
requires or the regulations otherwise provide, a reference in any other
Act, in any instrument made under any Act or in any document of any
kind, being a reference, or a reference to be construed as a reference,
to:
(a) The Housing Commission of New South Wales, or
(b) the corporation constituted by section 3 of the Housing Act
1912 as in force immediately before 20 February 1983, or
(c) the Homes for Unemployed Trust, or
(d) The Housing Improvement Board of New South Wales,
is taken to be a reference to the Corporation.
(5) Except in so far as the context or subject-matter otherwise indicates or
requires or the regulations otherwise provide, a reference in any other
Act, in any instrument made under any Act or in any document of any
kind, being a reference, or a reference to be construed as a reference,
to the Housing of the Unemployed Act 1934, the Housing Improvement
Act 1936 or the Housing Act 1941, is taken to be a reference to this
Act.
Page 57
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