New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 78)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this ActHousing Amendment (Community Housing Providers) Act 2007Housing Amendment (Tenant Fraud) Act 2008Housing Amendment (Registrable Persons) Act 2009Housing Amendment (Community Housing Providers) Act 2010
(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.
In this Part, "former Housing Act" means the Housing Act 1912 , the Housing Act 1976 or the Housing Act 1985 .
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 .
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 .
(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.
(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.
(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(d) as an event of default under any contract or other instrument.
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).
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.
(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(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.
A community housing provider that is registered with the Office of Community Housing immediately before the commencement of Part 9A is, on the commencement of that Part, taken to be registered under that Part until whichever of the following occurs first:
(a) the community housing provider applies to be registered under that Part and the application is determined by the Registrar,
(b) the registration is cancelled in accordance with that Part,
(c) 2 years after the commencement of that Part.
A reference in any document to an organisation for the time being registered with the Office of Community Housing is, on the commencement of Part 9A, taken to be a reference to a registered community housing provider.
An agreement between the Corporation and a community housing provider that is in force immediately before the commencement of Part 9A under which the Corporation provides assistance to the community housing provider is, on the commencement of that Part, taken to be a community housing agreement.
Section 67I (1)-(3) does not apply to or in respect of assistance provided to a community housing provider within 2 years after the commencement of Part 9A, but only if:
(a) the community housing provider is not registered with the Office of Community Housing immediately before the commencement of that Part, and
(b) the assistance is provided under an agreement that is in force immediately before the commencement of that Part.
(1) Section 69A extends to a change in a person’s circumstances that occurred before the commencement of that section but only if the change continues to affect the person’s entitlement to accommodation or a rental rebate or any other advantage or concession from the Corporation after the commencement of that section.
(2) A change of circumstances referred to in subclause (1) must be notified to the Corporation within 28 days after the commencement of section 69A.
Section 72A extends to an amount that a tenant (within the meaning of that section) was required to pay to the Corporation before the commencement of that section.
Section 72B extends to an order that was obtained by the Corporation before the commencement of that section.
(1) The objective of this clause is to provide an amnesty:(a) to encourage a person to notify the Corporation if the person is incorrectly or improperly obtaining a benefit from the Corporation, and(b) to encourage a person to notify the Corporation of any change in the person’s circumstances that removes or reduces the person’s entitlement to a benefit from the Corporation, and(c) to protect any such person from prosecution or civil proceedings in respect of the matters notified before the end of the amnesty period.
(2) In this clause:
"benefit" includes an entitlement to accommodation or a rental rebate or any other advantage or concession.
"end of the amnesty period" means 1 October 2008 or such other day as may be prescribed by the regulations.
"fraud offence" means an offence relating to improperly obtaining a benefit from the Corporation, other than an offence that involves violence or a threat against a person.Note: Examples of fraud offences include an offence under section 69 or 69A of this Act, or an offence under section 178BA or 178BB of the Crimes Act 1900 .
(3) A person cannot be prosecuted for a fraud offence in respect of any conduct that would constitute such an offence if the person notifies the Corporation of the person’s conduct:(a) before the end of the amnesty period, and(b) before the Corporation has commenced an investigation into the conduct.
(4) If a person notifies the Corporation in accordance with subclause (3), no action or proceeding may be brought by the Corporation to recover any penalty, damages or other monies from the person in respect of:(a) the conduct constituting the fraud offence that occurred before the notification, or(b) the benefit that the person incorrectly or improperly obtained, as a result of that conduct, from the Corporation before the notification.
(5) The onus of proving that a notification took place for the purposes of this clause is on the person who made the notification.
(6) This clause does not apply to any prosecution or to any action or proceeding commenced before the commencement of this clause.
(7) Nothing in this clause prevents the Corporation from varying, cancelling or refusing to grant any benefit under this Act as a result of any notification given under this clause.