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Queensland
HOUSING BILL 2003
Queensland
HOUSING BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2--Application, objects and guiding principles
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Main objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 How the objects are to be primarily achieved . . . . . . . . . . . . . . . . . . . . . . . . 10
6 Guiding principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 3--Interpretation
7 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
8 Meaning of "housing service". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
9 Notes in text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 4--Queensland Housing Fund
10 Queensland Housing Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
PART 2--CHIEF EXECUTIVE'S FUNCTIONS AND POWERS
Division 1--Functions
11 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 2--Powers
12 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
13 Power to make loans and investments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
14 Waiver of amounts owed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
15 Powers not limited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
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Housing Bill 2003
PART 3--OBLIGATIONS RELATING TO PUBLIC HOUSING AND
OTHER GOVERNMENT HOUSING SERVICES
Division 1--Giving information to the chief executive
16 Housing service information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
17 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
18 Notice of changes in information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 2--Other matters
19 Unauthorised use or subletting of rental accommodation . . . . . . . . . . . . . . . 19
PART 4--REGISTERED PROVIDERS
Division 1--Preliminary
20 Explanation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
21 Entities that may be registered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
22 Meaning of "funded service" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 2--Assistance
23 Ways of giving assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
24 Purpose of giving assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
25 Assistance agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
26 Demand for repayment of unexpended amounts. . . . . . . . . . . . . . . . . . . . . . 22
27 No entitlement to assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 3--Registration
28 Application for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
29 Registration remains in force unless cancelled . . . . . . . . . . . . . . . . . . . . . . . 23
30 Application for cancellation of registration. . . . . . . . . . . . . . . . . . . . . . . . . . 23
31 Cancellation of registration without application . . . . . . . . . . . . . . . . . . . . . . 24
32 Cancellation of registration if provider no longer exists . . . . . . . . . . . . . . . . 25
Division 4--Compliance with prescribed requirements
33 Prescribed requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
34 Registered provider must comply with prescribed requirements . . . . . . . . . 26
35 Compliance notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 5--Keeping a register and related matters
36 Chief executive must keep a register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
37 Registered provider must give notice of changes . . . . . . . . . . . . . . . . . . . . . 28
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PART 5--APPOINTMENT OF INTERIM MANAGER
Division 1--Preliminary
38 Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
39 Definitions for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 2--Appointment
40 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
41 Basis for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
42 Suitability of proposed appointee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
43 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
44 Notice about appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
45 Initial period of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
46 Variation of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
47 Ending of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 3--Function and powers
48 Application of div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
49 Function. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
50 Power to act on registered provider's behalf in relation to
a relevant agreement ...................................... 33
51 Power to demand rental payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
52 Other powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
53 Limitation on powers under instrument of appointment . . . . . . . . . . . . . . . . 35
54 Production of instrument of appointment for inspection. . . . . . . . . . . . . . . . 35
55 Obstruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 4--Other matters
56 Access to information or documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
57 Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
58 Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
59 Registered provider liable for remuneration and other costs. . . . . . . . . . . . . 37
60 Accounts and reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
61 Notation in the register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
62 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
PART 6--REVIEW OF DECISIONS
63 Reviewable decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
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64 Chief executive must give notice after making reviewable decision. . . . . . . 39
65 Application for review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
66 Stay of operation of original decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
67 Review decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
PART 7--INFORMATION GATHERING AND ENFORCEMENT
Division 1--Matters for which powers may be exercised
68 Exercise of powers only for certain matters . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 2--Authorised officers
69 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
70 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . . . . . . . . . 41
71 When authorised officer stops holding office . . . . . . . . . . . . . . . . . . . . . . . . 42
72 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
73 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
74 Return of identity card. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
75 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Division 3--Powers of authorised officers
76 Non-application to certain residences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
77 Power to enter a place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
78 Entry with consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
79 General powers after entering a place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
80 Failure to help authorised officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 4--Other powers
81 Power to require information or documents . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 5--Miscellaneous
82 Self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
83 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
84 Obstructing an authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
85 Impersonation of an authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
86 Duty of confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
PART 8--MISCELLANEOUS
Division 1--Offences
87 Meaning of "official". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
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88 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
89 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
90 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 49
91 Executive officers must ensure corporation complies with Act. . . . . . . . . . . 50
Division 2--Interest rates for owner-occupied home loans
92 Standard interest rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
93 Lower interest rate in special circumstances . . . . . . . . . . . . . . . . . . . . . . . . . 51
94 Other ways of setting rates not limited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 3--Other matters
95 Exemption from rating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
96 Loans to enable conduct of residential services . . . . . . . . . . . . . . . . . . . . . . 52
97 Application of Criminal Code, s 89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
98 Acquisition of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
99 Advisory committees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
100 Approved forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
101 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
PART 9--LEGAL PROCEEDINGS
Division 1--Evidence
102 Application of div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
103 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
104 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
105 Other evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 2--Offence proceedings
106 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
107 Statement of complainant's knowledge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
108 False or misleading information or statements . . . . . . . . . . . . . . . . . . . . . . . 55
PART 10--REPEAL, SAVINGS AND TRANSITIONAL
PROVISIONS
Division 1--Amendment of State Housing Act 1945
109 Amendment of State Housing Act 1945 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Division 2--Repeal of State Housing Act 1945
110 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
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Division 3--Saved provisions from repealed Act
111 Explanation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
112 Provision of land for industry, trade or business . . . . . . . . . . . . . . . . . . . . . . 56
113 Chief executive's power to sell houses to eligible persons . . . . . . . . . . . . . . 56
Division 4--Other savings and transitional provisions
114 Definitions for div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
115 References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
116 Dissolution of the commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
117 State is the legal successor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
118 References to commission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
119 Commission's assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
120 Waiver of amounts owed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
121 Lower interest rate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
122 Officers and employees of the commission. . . . . . . . . . . . . . . . . . . . . . . . . . 58
123 Agreement with the commission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
124 Proceeding to which the commission was a party. . . . . . . . . . . . . . . . . . . . . 58
125 Proceeding not yet started by or against the commission . . . . . . . . . . . . . . . 58
126 Application to the commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
127 Registration of entity that is a party to a continuing agreement . . . . . . . . . . 59
128 Land set apart under the repealed Act, s 18. . . . . . . . . . . . . . . . . . . . . . . . . . 60
129 Lease under the repealed Act, s 22B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
130 Loan to which the repealed Act, s 23A(8)(b) and (c) applied . . . . . . . . . . . . 61
131 Reservation registered over a lot under the repealed Act, s 23B . . . . . . . . . . 61
132 Sale under the repealed Act, s 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
133 Freeholding lease under the repealed Act, s 24 . . . . . . . . . . . . . . . . . . . . . . . 62
134 Other lease under the repealed Act, s 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
135 Sale, lease or arrangements under the repealed Act, s 24A. . . . . . . . . . . . . . 63
136 Lease to which the repealed Act, s 24C applied . . . . . . . . . . . . . . . . . . . . . . 64
137 Application of the repealed Act, s 25 and schedule . . . . . . . . . . . . . . . . . . . 64
138 Continuing application of the repealed Act, s 26D . . . . . . . . . . . . . . . . . . . . 65
139 Approved housing institutions advances account . . . . . . . . . . . . . . . . . . . . . 65
140 Loan under the repealed Act, pt 6A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
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141 Continuing application of the repealed Act, pt 6C . . . . . . . . . . . . . . . . . . . . 65
142 Application of Criminal Code, s 89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
143 Standard fixed interest rate--the repealed Act, s 32AA . . . . . . . . . . . . . . . . 66
144 Standard variable interest rate--the repealed Act, s 32AA. . . . . . . . . . . . . . 67
145 Variable interest rate applying under the repealed Act, s 32AC or 32A . . . . 68
146 Continuing application of the repealed Act, s 33 . . . . . . . . . . . . . . . . . . . . . 68
147 Continuing application of the repealed Act, s 33A . . . . . . . . . . . . . . . . . . . . 69
148 Continuing application of the repealed Act, s 36 . . . . . . . . . . . . . . . . . . . . . 69
149 Freeholding of leases over which mortgages held by the
chief executive ...................................... 69
150 Land Act 1994 applies to deed of grant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
151 Continuing application of schedule of repealed Act . . . . . . . . . . . . . . . . . . . 70
152 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
PART 11--AMENDMENT OF ACTS
153 Acts amended in sch 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 72
AMENDMENT OF STATE HOUSING ACT 1945
1 Amendment of s 22B (Provision of land for industry, trade or business) . . . 72
2 Amendment of s 24 (Power to commission to sell houses to eligible
persons) ................................................ 74
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 76
AMENDMENT OF ACTS
DUTIES ACT 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
EVIDENCE ACT 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
INTEGRATED PLANNING ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
LAND ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
LOCAL GOVERNMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
PROPERTY AGENTS AND MOTOR DEALERS ACT 2000 . . . . . . . . . . . 78
PROPERTY LAW ACT 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
RESIDENTIAL SERVICES (ACCREDITATION) ACT 2002. . . . . . . . . . . 79
RESIDENTIAL TENANCIES ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . 80
STATE HOUSING (FREEHOLDING OF LAND) ACT 1957. . . . . . . . . . . 80
VALUATION OF LAND ACT 1944. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
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SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 87
DICTIONARY
2003
A BILL
FOR
An Act about the provision of housing and related matters
s1 10 s5
Housing Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introduction 3
1 Short title 4
This Act may be cited as the Housing Act 2003. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Division 2--Application, objects and guiding principles 8
3 Act binds all persons 9
(1) This Act binds all persons including the State and, as far as the 10
legislative power of the Parliament permits, the Commonwealth and the 11
other States. 12
(2) Subsection (1) does not make the State, the Commonwealth or 13
another State liable for an offence. 14
4 Main objects 15
The main objects of this Act are-- 16
(a) to improve the access of Queenslanders to safe, secure, 17
appropriate and affordable housing; and 18
(b) to help build sustainable communities. 19
5 How the objects are to be primarily achieved 20
The objects are to be achieved primarily by making provision about the 21
following matters-- 22
s6 11 s6
Housing Bill 2003
(a) housing-related activities carried on by the State, including-- 1
(i) providing public housing and other housing services; and 2
(ii) developing, undertaking or supporting other housing 3
programs and initiatives; 4
(b) a system, for supporting and regulating certain types of entities 5
providing housing services, that includes-- 6
(i) registering the entities; and 7
(ii) giving them financial assistance, making land available to 8
them or giving them other types of assistance; and 9
(iii) regulating how they provide housing services using the 10
assistance. 11
6 Guiding principles 12
This Act is to be administered in a way that has sufficient regard to the 13
following principles-- 14
(a) the availability of safe, secure, appropriate and affordable 15
housing in a community-- 16
(i) enhances the quality of life of people living in the 17
community; and 18
(ii) contributes to the wellbeing of the community by enabling 19
people to participate in its social and economic life; 20
(b) the need for safe, secure, appropriate and affordable housing can 21
be met by entities from government, industry and the community, 22
acting separately and in partnership; 23
(c) a community is sustainable if-- 24
(i) it is socially and economically diverse, cohesive, resilient 25
and adaptable; and 26
(ii) it has access to appropriate services and amenities; 27
(d) housing services should be provided in a way that responds to the 28
diverse and changing needs of individuals, families and other 29
households; 30
(e) the State's provision of housing services should-- 31
s7 12 s7
Housing Bill 2003
(i) provide leadership and promote best practice in housing 1
provision and residential development; and 2
(ii) be integrated, as far as is reasonably practicable, with the 3
provision of other government social services; 4
(f) individuals being provided with housing under this Act should 5
have access, as far as is reasonably practicable, to an appropriate 6
choice of housing types and tenures; 7
(g) housing services should be provided in a way that has 8
appropriate regard to-- 9
(i) local and regional differences; and 10
(ii) cultural diversity; and 11
(iii) Aboriginal tradition1 and Island custom;2 12
(h) the needs, views and interests of consumers of housing services, 13
indigenous community members and representatives, 14
non-government entities, industry bodies and local governments 15
should be taken into account in developing government housing 16
policy. 17
Division 3--Interpretation 18
7 Definitions 19
The dictionary in schedule 3 defines particular words used in this Act. 20
1 "Aboriginal tradition" means the body of traditions, observances, customs and
beliefs of Aboriginal people generally or of a particular community or group of
Aboriginal people, and includes any such traditions, observances, customs and
beliefs relating to particular persons, areas, objects or relationships--see the
Acts Interpretation Act 1954, section 36.
2 "Island custom", known in the Torres Strait as Ailan Kastom, means the body of
customs, traditions, observances and beliefs of Torres Strait Islanders generally
or of a particular community or group of Torres Strait Islanders, and includes
any such customs, traditions, observances and beliefs relating to particular
persons, areas, objects or relationships--see the Acts Interpretation Act 1954,
section 36.
s8 13 s 10
Housing Bill 2003
8 Meaning of "housing service" 1
A "housing service" is any of the following-- 2
(a) providing housing to an individual for residential use; 3
(b) giving financial or other assistance to enable an individual to-- 4
(i) buy or lease a residence or obtain housing in another way; 5
or 6
(ii) modify or maintain a residence; 7
(c) any of the following kinds of services-- 8
(i) tenant advisory services; 9
(ii) tenant advocacy services; 10
(iii) home maintenance services; 11
(iv) home modification services; 12
(v) housing-related referral and information services; 13
(d) a service prescribed under a regulation. 14
9 Notes in text 15
A note in the text of this Act is part of this Act. 16
Division 4--Queensland Housing Fund 17
10 Queensland Housing Fund 18
(1) The Queensland Housing Commission Fund under the repealed Act 19
is continued in existence as the Queensland Housing Fund. 20
(2) The Financial Administration and Audit Act 1977 applies to the fund. 21
22
Note--
23
See the Financial Administration and Audit Act 1977, schedule 3, definition "fund to
24
which this Act applies", paragraph (c).
(3) Accounts for the fund must be kept as part of the departmental 25
accounts. 26
s 10 14 s 10
Housing Bill 2003
(4) Amounts received for the fund must be deposited in a departmental 1
financial-institution account of the department, but may be deposited in an 2
account used for depositing other amounts of the department. 3
(5) Amounts received for the fund include-- 4
(a) amounts paid to the department as part of its vote under the 5
Financial Administration and Audit Act 1977 and made available 6
by the department for use under this Act; and 7
(b) amounts received from the Commonwealth for providing 8
housing services; and 9
(c) repayments for loans made under this Act; and 10
(d) rent payments for public housing provided under this Act; and 11
(e) the proceeds of the sale of portfolio property; and 12
(f) other amounts received by the department under this Act. 13
(6) An amount is payable from the fund for the purposes of this Act. 14
15
Examples of amounts payable from the fund--
16
· grants to registered providers
17
· loans to individuals to obtain housing
18
· purchases of land for the property portfolio
19
· costs of administering this Act.
(7) Other amounts may be paid into, or out of, the fund for non-housing 20
purposes but an amount may not be paid out of the fund for a non-housing 21
purpose that is more than the amount paid into the fund for that 22
non-housing purpose. 23
(8) An amount may be paid into the fund under this section only if the 24
amount is not required, under the Financial Administration and Audit Act 25
1977 or another Act, to be paid into another fund or an account other than a 26
departmental account. 27
(9) In this section-- 28
"departmental accounts" means the accounts of the department under the 29
Financial Administration and Audit Act 1977, section 12. 30
"non-housing purpose" means a purpose other than a purpose of this Act. 31
"other amounts of the department" means amounts received by the 32
department other than amounts received for the fund. 33
s 11 15 s 11
Housing Bill 2003
PART 2--CHIEF EXECUTIVE'S FUNCTIONS AND 1
POWERS 2
Division 1--Functions 3
11 Functions 4
(1) The chief executive is responsible for using the Queensland Housing 5
Fund and portfolio property in ways that best achieve the objects of this 6
Act. 7
(2) The ways that the chief executive may use the fund or property 8
include-- 9
(a) providing public housing; and 10
(b) providing grants, loans, land or other assistance to-- 11
(i) individuals in need of housing services; and 12
(ii) entities providing housing services; and 13
(iii) entities providing housing for their employees or 14
contractors; and 15
(c) conducting housing-related research; and 16
(d) developing, undertaking or supporting other housing programs 17
and initiatives to-- 18
(i) promote the development and sustainability of the housing 19
sector; and 20
(ii) improve the responsiveness of the housing sector to housing 21
need, housing design issues and planning issues; and 22
(iii) otherwise help the housing sector to meet the demand for 23
safe, secure, appropriate and affordable housing; and 24
25
Examples for paragraph (d)--
26
· leasing commercial premises in conjunction with the provision of
27
public housing
28
· providing funding for activities carried on by peak housing and
29
industry organisations
(e) providing housing-related infrastructure. 30
s 12 16 s 13
Housing Bill 2003
(3) Subsections (1) and (2) do not limit the chief executive's other 1
functions under this or another Act or law. 2
Division 2--Powers 3
12 General powers 4
(1) The chief executive has, under the Minister and as agent of the State, 5
all the powers of the State that are necessary or desirable for performing the 6
chief executive's functions under this Act. 7
(2) Without limiting subsection (1), the chief executive may, for 8
example, in performing the chief executive's functions-- 9
(a) enter into contracts; and 10
(b) acquire, hold, lease, sell and otherwise deal with land and other 11
property; and 12
(c) carry out building and related works and make other 13
improvements to land; and 14
(d) appoint agents and attorneys; and 15
(e) charge for goods and services supplied. 16
13 Power to make loans and investments 17
(1) The chief executive may make loans and investments, and pay 18
amounts out of a departmental financial-institution account of the 19
department to make a loan or investment, to achieve the objects of this Act. 20
(2) Subsection (1) applies despite the Financial Administration and 21
Audit Act 1977, section 40C.3 22
(3) Subject to other laws, the chief executive may set interest rates for 23
the loans in the way the chief executive considers appropriate. 24
3 Financial Administration and Audit Act 1977, section 40C (No-one other than
Treasurer may invest or otherwise lend an amount)
s 14 17 s 15
Housing Bill 2003
14 Waiver of amounts owed 1
(1) This section applies if a person owes an amount to the chief executive 2
arising out of, or relating to, the chief executive's provision of a housing 3
service. 4
5
Examples of amounts that may be owed to the chief executive--
6
· a rental payment
7
· an instalment due under a loan agreement
8
· an amount of compensation for damage caused to a rental property
(2) The chief executive may waive, entirely or partly, payment of the 9
amount if the chief executive is satisfied the waiver is appropriate in all the 10
circumstances. 11
(3) The chief executive may waive payment unconditionally or on the 12
conditions the chief executive considers appropriate. 13
14
Example--
15
The chief executive may waive payment of part of an amount owed by a person on the
16
condition that the person enters into a written agreement about repayment of the rest of
17
the amount.
(4) In making a decision under this section about waiving payment of an 18
amount owed by a person, the chief executive must have regard to all the 19
relevant circumstances of which the chief executive is aware, including, for 20
example-- 21
(a) the size of the amount owed; and 22
(b) why the person owes the amount; and 23
(c) whether payment of the amount would cause the person financial 24
hardship; and 25
(d) the person's likely ability to repay the amount in the future; and 26
(e) any special circumstances relevant to whether it would be fair to 27
enforce payment of the amount. 28
15 Powers not limited 29
This Act does not limit the chief executive's powers under another Act or 30
law. 31
32
Example of a power under another Act--
33
A power of the State delegated to the chief executive under the Constitution of
34
Queensland 2001, section 55.
s 16 18 s 17
Housing Bill 2003
PART 3--OBLIGATIONS RELATING TO PUBLIC 1
HOUSING AND OTHER GOVERNMENT HOUSING 2
SERVICES 3
Division 1--Giving information to the chief executive 4
16 Housing service information 5
(1) This division applies to information ("housing service 6
information") that a person gives to the chief executive for the purpose of 7
a decision by the chief executive about-- 8
(a) whether to provide a housing service to the person; or 9
(b) the type of housing service to provide to the person; or 10
(c) the terms on which to provide a housing service to the person. 11
(2) Housing service information may include, for example, information 12
given by a person-- 13
(a) in an application for a housing service; or 14
(b) in compliance with a lease agreement, loan agreement or other 15
agreement with the chief executive about providing a housing 16
service to the person; or 17
(c) while a housing service is being provided to the person, in 18
response to a query from the chief executive. 19
17 False or misleading information 20
(1) A person must not give the chief executive housing service 21
information that the person knows is false or misleading in a material 22
particular. 23
24
Examples--
25
1. A person applies to the chief executive for a loan to buy a house. The application
26
includes false information about the person's financial circumstances.
27
2. A person applies to the chief executive to be provided with rental accommodation.
28
The application is accompanied by a declaration about the person's income, made
29
by the person's employer, that the person knows to be false.
30
3. A person is renting a house from the chief executive. The rental agreement
31
provides that only 4 persons may live in the house. In response to a query from the
s 18 19 s 19
Housing Bill 2003
1
chief executive, the person gives false information about the number of persons
2
living in the house.
Maximum penalty--10 penalty units. 3
(2) Subsection (1) does not apply to a person who gives the chief 4
executive a document containing housing service information if the person, 5
when giving the document-- 6
(a) tells the chief executive, to the best of the person's ability, how it 7
is false or misleading; and 8
(b) if the person has, or can reasonably obtain, the correct 9
information--gives the correct information. 10
18 Notice of changes in information 11
(1) This section applies only to housing service information prescribed 12
under a regulation. 13
(2) Within 28 days after there is a change in housing service information 14
that a person has given to the chief executive, the person must give the 15
chief executive notice of the change, unless the person has a reasonable 16
excuse. 17
Maximum penalty--10 penalty units. 18
Division 2--Other matters 19
19 Unauthorised use or subletting of rental accommodation 20
(1) This section applies to a provision of a residential tenancy agreement 21
between the chief executive and a person that-- 22
(a) the person must use the premises as the person's place of 23
residence; or 24
(b) the person must not sublease the premises; or 25
(c) the person must not use the premises, or allow the premises to be 26
used, for a purpose other than a place of residence; or 27
(d) the person must not allow the premises to be used as the place of 28
residence of-- 29
(i) anyone other than the person, the person's family or other 30
stated persons; or 31
s 20 20 s 21
Housing Bill 2003
(ii) more than a stated number of persons. 1
(2) The person must not contravene the provision. 2
Maximum penalty--10 penalty units. 3
(3) The person does not contravene the provision only by a non-use, 4
sublease or use of the premises under written authority from the chief 5
executive. 6
(4) Subsection (2) does not limit another consequence of a contravention 7
of the provision. 8
9
Example for subsection (4)--
10
A person's contravention of a residential tenancy agreement with the chief executive
11
may be an offence against subsection (2) and may also allow the chief executive to take
12
action, as lessor, under the Residential Tenancies Act 1994.
PART 4--REGISTERED PROVIDERS 13
Division 1--Preliminary 14
20 Explanation 15
This part establishes a system under which the chief executive may 16
register certain entities, give them assistance with which to provide housing 17
services, and regulate some aspects of their operations. 18
21 Entities that may be registered 19
The following entities may be registered under this part-- 20
(a) nonprofit corporations; 21
(b) local governments; 22
(c) Aboriginal Councils; 23
(d) the Aboriginal Coordinating Council; 24
(e) Island Councils; 25
s 22 21 s 24
Housing Bill 2003
(f) the Island Coordinating Council; 1
(g) an entity, or an entity of a type, prescribed under a regulation. 2
22 Meaning of "funded service" 3
(1) A "funded service" is a housing service provided by a registered 4
provider using assistance from the chief executive under this part. 5
6
Examples of funded services--
7
· a housing service provided using land transferred or leased to a registered provider
8
under this part
9
· a housing service provided during the term of an assistance agreement, under
10
which the chief executive makes periodic payments to the registered provider for
11
the stated purpose of enabling the provider to provide the service
(2) For subsection (1), it does not matter-- 12
(a) if other resources are also used to provide the service; or 13
(b) for a service that is still being provided using assistance from the 14
chief executive under this part, that the agreement under which 15
the assistance was provided has ended. 16
Division 2--Assistance 17
23 Ways of giving assistance 18
The chief executive may give assistance to a registered provider in a way 19
the chief executive considers appropriate, including, for example-- 20
(a) making, on appropriate conditions, a monetary grant or series of 21
monetary grants to the provider; or 22
(b) making a secured loan to the provider; or 23
(c) transferring to the provider land subject to an appropriate 24
security or covenant relating to the use of the land; or 25
(d) leasing land to the provider. 26
24 Purpose of giving assistance 27
The purpose of giving assistance to a registered provider is to enable it to 28
provide housing services in ways that best achieve the objects of this Act. 29
s 25 22 s 26
Housing Bill 2003
25 Assistance agreement 1
(1) The chief executive may enter into an agreement with a registered 2
provider (an "assistance agreement") for providing assistance to the 3
provider under this part. 4
(2) An assistance agreement may include the terms the chief executive 5
considers appropriate. 6
7
Example for subsection (2)--
8
A term of an assistance agreement may provide that, if the registered provider deals
9
with a stated amount in a way that contravenes a stated prescribed requirement, the
10
amount is repayable to the chief executive.
26 Demand for repayment of unexpended amounts 11
(1) This section applies if-- 12
(a) an assistance agreement with a registered provider ends; and 13
(b) an amount that the chief executive paid to the registered provider 14
under the agreement has not been expended. 15
(2) The chief executive may give the registered provider a notice (a 16
"show cause notice") stating-- 17
(a) that the chief executive proposes to demand repayment of the 18
unexpended amount; and 19
(b) that the registered provider may, within a stated time of at least 20
7 days, give the chief executive a written response about the 21
proposed demand. 22
(3) After considering any written response received from the registered 23
provider within the stated time, the chief executive may demand repayment 24
of all or some of the amount stated in the show cause notice. 25
(4) If the chief executive decides not to demand repayment of any of the 26
amount, the chief executive must give the registered provider notice of the 27
decision. 28
(5) The chief executive may recover the demanded amount as a debt 29
owed to the State. 30
(6) This section does not limit the ways the chief executive may demand 31
payment of, or recover, an amount owed to the chief executive. 32
s 27 23 s 30
Housing Bill 2003
27 No entitlement to assistance 1
The chief executive is not required to give assistance to an entity, or to 2
enter into an assistance agreement with an entity, merely because the entity 3
is a registered provider. 4
Division 3--Registration 5
28 Application for registration 6
(1) An entity mentioned in section 21 may apply to the chief executive 7
for registration. 8
(2) The application must be in the approved form. 9
(3) Within 28 days after receiving the application, the chief executive 10
must decide the application and give the entity notice of the decision. 11
(4) In deciding the application, the chief executive must have regard to 12
the following matters-- 13
(a) the housing services provided, or proposed to be provided, by the 14
entity; 15
(b) the need for the services; 16
(c) the entity's record of financial management; 17
(d) how the entity conducts, or proposes to conduct, its operations; 18
(e) another matter prescribed under a regulation. 19
29 Registration remains in force unless cancelled 20
The registration of an entity remains in force unless it is cancelled under 21
this division. 22
30 Application for cancellation of registration 23
(1) A registered provider may apply to the chief executive for 24
cancellation of the registration. 25
(2) The application must be in the approved form. 26
(3) Within 28 days after receiving the application, the chief executive 27
must decide the application and give the entity notice of the decision. 28
s 31 24 s 31
Housing Bill 2003
(4) The chief executive must, and may only, grant the application if-- 1
(a) there is no assistance agreement in force with the provider; and 2
(b) the chief executive is satisfied it is unlikely that the chief 3
executive will wish to take action to enforce compliance by the 4
provider with this Act. 5
(5) The chief executive may require the provider to take stated action 6
before the chief executive grants the application. 7
8
Example for subsection (5)--
9
The chief executive may decide to cancel the registration but only after the provider
10
gives the chief executive a deed of release dealing with stated matters.
31 Cancellation of registration without application 11
(1) The chief executive may cancel the registration of a registered 12
provider, even though no application has been made under section 30, if-- 13
(a) there is no assistance agreement in force with the provider; and 14
(b) the chief executive is satisfied it is unlikely that the chief 15
executive will wish to do either of the following-- 16
(i) take action to enforce compliance by the provider with this 17
Act; 18
(ii) give assistance, or further assistance, to the provider under 19
this part. 20
(2) Before cancelling the registration, the chief executive must give the 21
provider a notice-- 22
(a) stating that the chief executive proposes to cancel the 23
registration; and 24
(b) stating the reasons for the proposed cancellation; and 25
(c) inviting the provider to give a written response within a stated 26
time of at least 30 days. 27
(3) The chief executive must consider any written response received 28
from the provider within the stated time before deciding whether to cancel 29
the registration. 30
(4) Immediately after deciding whether or not to cancel the registration, 31
the chief executive must give the provider notice of the decision. 32
s 32 25 s 33
Housing Bill 2003
(5) The chief executive may cancel the registration of a registered 1
provider, without complying with subsections (2) to (4), if the registered 2
provider agrees. 3
32 Cancellation of registration if provider no longer exists 4
The chief executive must cancel the registration of a registered provider 5
if it no longer exists. 6
Division 4--Compliance with prescribed requirements 7
33 Prescribed requirements 8
(1) A regulation may prescribe requirements relating to the provision of 9
funded services by registered providers. 10
(2) Without limiting subsection (1), a regulation may prescribe a 11
requirement about-- 12
(a) how a registered provider conducts its operations while providing 13
a funded service, including-- 14
(i) financial management and accountability; and 15
(ii) corporate governance; and 16
(b) how a registered provider delivers services to clients, including-- 17
(i) deciding eligibility and priority for services; and 18
(ii) giving information; and 19
(iii) resolving disputes; and 20
(c) other matters about providing a funded service, including-- 21
(i) tenancy management; and 22
(ii) rent assessment and collection; and 23
(iii) property management. 24
(3) A requirement may include provision about-- 25
(a) preparing, maintaining, publishing or implementing a policy; or 26
(b) reporting to the chief executive; or 27
s 34 26 s 35
Housing Bill 2003
(c) maintaining accreditation on the basis of meeting national 1
community housing standards or other relevant standards. 2
34 Registered provider must comply with prescribed requirements 3
A registered provider must not contravene a prescribed requirement 4
relating to the provision of a funded service by the provider. 5
6
Notes--
7
1. Under section 35, a registered provider may be given a compliance notice
8
requiring the provider to remedy a contravention of a prescribed requirement.
9
2. The extent of a registered provider's compliance with, or contravention of, a
10
prescribed requirement is likely to be a relevant matter for the chief executive to
11
consider when deciding--
12
(a) the further assistance, if any, to give to the provider under this part; and
13
(b) whether to cancel the provider's registration under section 30 or 31.
14
3. An assistance agreement may include a provision about the consequences of a
15
contravention of a prescribed requirement.
16
4. Noncompliance with certain types of prescribed requirements may lead to the
17
appointment of an interim manager to a funded service provided by a registered
18
provider. See section 41(1)(a)(i).
35 Compliance notice 19
(1) This section applies if the chief executive reasonably believes a 20
registered provider-- 21
(a) is contravening a prescribed requirement; or 22
(b) has contravened a prescribed requirement in circumstances that 23
make it likely the contravention will continue or be repeated. 24
(2) The chief executive may give the provider a notice (a "compliance 25
notice") requiring the provider to remedy the contravention. 26
(3) The compliance notice must state the following-- 27
(a) that the chief executive reasonably believes the provider-- 28
(i) is contravening a prescribed requirement; or 29
(ii) has contravened a prescribed requirement in circumstances 30
that make it likely the contravention will continue or be 31
repeated; 32
s 36 27 s 36
Housing Bill 2003
(b) the prescribed requirement the chief executive believes is being, 1
or has been, contravened; 2
(c) briefly, how it is believed the prescribed requirement is being, or 3
has been, contravened; 4
(d) that the provider must remedy the contravention within a stated 5
reasonable time; 6
(e) that it is an offence to fail to comply with the compliance notice 7
unless the provider has a reasonable excuse. 8
(4) The compliance notice may also state the steps that the chief 9
executive reasonably believes are necessary to remedy the contravention, 10
or avoid further contravention, of the prescribed requirement. 11
(5) The provider must comply with the compliance notice unless the 12
provider has a reasonable excuse. 13
Maximum penalty--20 penalty units. 14
(6) If the provider contravenes subsection (5)-- 15
(a) the chief executive is not required to give any assistance, or 16
further assistance, to the provider under an assistance agreement 17
in force when the relevant compliance notice was given, despite 18
any provision of the agreement; and 19
(b) the chief executive may include in the register a note about the 20
contravention that the chief executive considers appropriate. 21
(7) This section does not limit-- 22
(a) a remedy available to the chief executive under an assistance 23
agreement; or 24
(b) the chief executive's powers apart from this section. 25
Division 5--Keeping a register and related matters 26
36 Chief executive must keep a register 27
(1) The chief executive must keep a register containing a list of all 28
registered providers. 29
(2) The chief executive may include in the register the information that 30
the chief executive considers appropriate. 31
s 37 28 s 39
Housing Bill 2003
(3) The register may be kept in any way the chief executive considers 1
appropriate. 2
(4) The chief executive must keep the register open for inspection, free 3
of charge, by members of the public during ordinary office hours at an 4
office of the department. 5
37 Registered provider must give notice of changes 6
A registered provider must give a notice, in the approved form, to the 7
chief executive within 30 days after becoming aware of any of the 8
following matters, unless the provider has a reasonable excuse-- 9
(a) the provider's address changes; 10
(b) for a nonprofit corporation--the corporation is under external 11
administration under the Corporations Act or a similar law of a 12
foreign jurisdiction; 13
(c) a matter prescribed under a regulation. 14
Maximum penalty--10 penalty units. 15
PART 5--APPOINTMENT OF INTERIM MANAGER 16
Division 1--Preliminary 17
38 Application of pt 5 18
This part does not apply to a registered provider that is an entity 19
mentioned in section 21(b) to (f). 20
39 Definitions for pt 5 21
In this part-- 22
"funded property", in relation to a funded service, means property-- 23
(a) transferred or leased by the chief executive to the registered 24
provider for the purpose of providing the service; or 25
s 40 29 s 41
Housing Bill 2003
(b) bought or leased by the registered provider using funds entirely 1
or partly provided by a grant, loan or other financial assistance 2
from the chief executive for the purpose of providing the service. 3
"relevant agreement", in relation to a funded service, means a residential 4
tenancy agreement for which-- 5
(a) the lessor is the registered provider; and 6
(b) the residential premises are funded property. 7
Division 2--Appointment 8
40 Appointment 9
The chief executive may appoint a person as interim manager of a 10
funded service. 11
41 Basis for appointment 12
(1) The chief executive may make the appointment only if the chief 13
executive is satisfied the appointment is reasonably necessary to ensure-- 14
(a) in relation to the funded service-- 15
(i) compliance with a prescribed requirement about-- 16
(A) deciding eligibility or priority for services; or 17
(B) rent assessment or collection; and 18
(ii) the proper and efficient use under the assistance agreement 19
of funded property; or 20
s 41 30 s 41
Housing Bill 2003
(b) in relation to a relevant agreement--compliance with an 1
obligation under the Residential Tenancies Act 1994, 2
section 103(2)(b) to (d) or (3)(a) to (c).4 3
(2) In deciding whether the appointment is reasonably necessary, the 4
chief executive must have regard to all of the following matters-- 5
(a) the amount and type of property that the registered provider is 6
managing in the course of providing the funded service; 7
(b) the amount and type of assistance provided by the chief executive 8
to the registered provider to provide the funded service; 9
(c) the number of relevant agreements in force in relation to the 10
funded service; 11
(d) whether it appears the registered provider is unwilling or unable 12
to provide the funded service, or provide the funded service 13
properly; 14
(e) the likely consequences for the tenants under relevant 15
agreements if the funded service is not provided or not provided 16
properly; 17
(f) the likely consequences of the appointment, of which the chief 18
executive is aware, for the registered provider and anyone else 19
likely to be affected; 20
(g) any other relevant matter of which the chief executive is aware. 21
4 Residential Tenancies Act 1994, section 103(2)(b) to (d) and (3)(a) to (c)--
103 Lessor's obligations generally
(2) At the start of the tenancy, the lessor must ensure--
(b) the premises are fit for the tenant to live in; and
(c) the premises and inclusions are in good repair; and
(d) the lessor is not in breach of a law dealing with issues about the health or
safety of persons using or entering the premises.
(3) While the tenancy continues, the lessor--
(a) must maintain the premises in a way that the premises remain fit for the
tenant to live in; and
(b) must maintain the premises and inclusions in good repair; and
(c) must ensure any law dealing with issues about the health or safety of
persons using or entering the premises is complied with.
s 42 31 s 43
Housing Bill 2003
(3) Before making the appointment, the chief executive must consider 1
whether it would be more appropriate to take steps other than the 2
appointment, or not to take any steps. 3
42 Suitability of proposed appointee 4
(1) The chief executive may make the appointment only if the chief 5
executive is satisfied the proposed appointee is suitable for the appointment 6
under this section. 7
(2) In deciding whether a person is suitable for the appointment, the 8
chief executive must have regard to the following matters-- 9
(a) the nature of the funded service; 10
(b) the reason for the appointment; 11
(c) the person's expertise or experience relevant to the appointment; 12
(d) any conflict of interest that may arise in the course of the person 13
acting as interim manager; 14
(e) any other relevant matter of which the chief executive is aware. 15
(3) A person who has agreed to a proposed appointment must advise the 16
chief executive, before the appointment is made, whether the person is 17
aware of a conflict of interest that may arise in the course of the person 18
acting as interim manager. 19
Maximum penalty--20 penalty units. 20
(4) Only an adult may be appointed as interim manager. 21
43 Terms of appointment 22
An appointment of a person as interim manager of the funded service 23
must state the following matters-- 24
(a) the person's name; 25
(b) details of the funded service; 26
(c) details of the person's function as interim manager; 27
(d) any limitations on the person's powers as interim manager; 28
(e) the period of the appointment; 29
s 44 32 s 46
Housing Bill 2003
(f) any conditions of the appointment; 1
(g) anything else the chief executive considers appropriate. 2
44 Notice about appointment 3
(1) Immediately after appointing a person as interim manager of the 4
funded service, the chief executive must give a copy of the appointment to 5
the registered provider. 6
(2) Also, the chief executive must ensure the tenant under a relevant 7
agreement is notified of the appointment of an interim manager at or before 8
the time the manager exercises a power under this part in relation to the 9
agreement. 10
45 Initial period of appointment 11
An interim manager may be appointed for a period of not more than 12
3 months. 13
46 Variation of appointment 14
(1) After an interim manager starts to carry out the manager's function, 15
the chief executive may, by notice-- 16
(a) extend the period of the appointment; or 17
(b) vary the appointment in another way. 18
(2) The chief executive may extend the period of the appointment if the 19
chief executive is satisfied the extension is reasonably necessary in all the 20
circumstances. 21
(3) The period of the appointment may be extended more than once. 22
(4) However-- 23
(a) the period of an extension must not be more than 3 months; and 24
(b) the total period of the initial appointment and any extension or 25
extensions must not be more than 6 months. 26
(5) The chief executive may vary the appointment in a way other than by 27
extending the period of the appointment if the chief executive is satisfied 28
the variation is appropriate, having regard to-- 29
(a) the matters stated in section 41; and 30
s 47 33 s 50
Housing Bill 2003
(b) the operation of the funded service since the appointment started. 1
(6) If the appointment is varied under this section, the chief executive 2
must ensure notice of the variation is given-- 3
(a) to the registered provider; and 4
(b) if the manager exercises a power under this part in relation to a 5
relevant agreement during the period of an extension or after the 6
appointment is otherwise varied--to the tenant. 7
(7) The notice under subsection (6)(b) must be given to the tenant at or 8
before the time the manager exercises the power. 9
47 Ending of appointment 10
(1) The chief executive may, by notice, end an interim manager's 11
appointment at any time before the end of the period of appointment if the 12
chief executive is satisfied the appointment is no longer appropriate, having 13
regard to the matters stated in section 41. 14
(2) Immediately after ending an appointment under subsection (1), the 15
chief executive must give notice about the ending of the appointment to the 16
registered provider and to each tenant who had been notified of the 17
appointment. 18
Division 3--Function and powers 19
48 Application of div 3 20
This division applies to a person appointed as interim manager of a 21
funded service. 22
49 Function 23
The interim manager's function is, to the extent stated in the instrument 24
of appointment, to ensure the matters stated in section 41(1)(a) and (b). 25
50 Power to act on registered provider's behalf in relation to 26
a relevant agreement 27
(1) To carry out the interim manager's function, the interim manager-- 28
s 51 34 s 51
Housing Bill 2003
(a) may enter into a residential tenancy agreement under the 1
Residential Tenancies Act 1994, on behalf of the registered 2
provider, for residential premises that are funded property; and 3
(b) may do anything in relation to a relevant agreement, on behalf of 4
the registered provider, that the registered provider is permitted 5
or required to do. 6
7
Examples for paragraph (b)--
8
1. The interim manager may exercise a right of entry under the
9
Residential Tenancies Act 1994, chapter 3, part 3.
10
2. The interim manager may give a notice to the tenant under the
11
Residential Tenancies Act 1994, chapter 4, part 2.
(2) For the application of the Residential Tenancies Act 1994, the interim 12
manager is not liable, as an agent of the registered provider, for an act or 13
omission relating to a relevant agreement other than a thing done by the 14
interim manager under subsection (1). 15
16
Note--
17
See the Residential Tenancies Act 1994, section 14A, for provision about things
18
required to be done by lessors or their agents.
51 Power to demand rental payments 19
(1) The interim manager may give a notice, in the approved form, to the 20
tenant under a relevant agreement, requiring the tenant to pay to the 21
manager a rental payment due to the registered provider under the 22
agreement. 23
(2) On the making of a requirement under subsection (1), a requirement 24
under the relevant agreement to make the rental payment to the registered 25
provider is taken to be a requirement to make the payment to the manager. 26
(3) The manager may require the payment of amounts under 27
subsection (1) only to the extent the manager reasonably requires to carry 28
out the manager's function. 29
(4) The manager may apply an amount received under this section only 30
in carrying out the manager's function. 31
(5) If the manager stops being satisfied an amount received under this 32
section is needed to carry out the manager's function, the manager must 33
immediately pay the amount to the registered provider. 34
s 52 35 s 55
Housing Bill 2003
(6) At the end of the manager's appointment, the manager must give to 1
the registered provider any remaining amount received under this section. 2
(7) Subsections (5) and (6) apply subject to section 59. 3
52 Other powers 4
The interim manager has the other powers of the registered provider that 5
are necessary or convenient to carry out the manager's function. 6
7
Example--
8
It may be necessary for the interim manager to carry out repairs to funded property.
53 Limitation on powers under instrument of appointment 9
A power conferred on the interim manager under this division applies 10
subject to any limitation stated in the instrument of appointment. 11
54 Production of instrument of appointment for inspection 12
(1) This section applies if-- 13
(a) the interim manager is exercising, or proposes to exercise, a 14
power given under this part in relation to a person; and 15
(b) the person asks the manager to produce the manager's instrument 16
of appointment for the person's inspection. 17
(2) The manager must comply with the request. 18
55 Obstruction 19
(1) A person must not obstruct an interim manager in the exercise of a 20
power, unless the person has a reasonable excuse. 21
Maximum penalty--20 penalty units. 22
(2) If a person has obstructed an interim manager and the manager 23
decides to proceed with the exercise of the power, the manager must warn 24
the person that-- 25
(a) it is an offence to obstruct the manager, unless the person has a 26
reasonable excuse; and 27
(b) the manager considers the person's conduct an obstruction. 28
s 56 36 s 57
Housing Bill 2003
Division 4--Other matters 1
56 Access to information or documents 2
(1) The interim manager may ask an executive officer of the registered 3
provider for information or documents that the manager reasonably needs 4
to carry out the manager's function. 5
(2) The chief executive may disclose information to an interim manager, 6
or give an interim manager access to documents, to the extent the chief 7
executive considers appropriate for the purpose of the manager's 8
appointment. 9
10
Example for subsection (2)--
11
The chief executive may give information about the funded service, or access to records
12
of the funded service, that the chief executive has obtained under section 81.
57 Confidentiality 13
(1) This section applies to a person-- 14
(a) who is, or has been, appointed as interim manager of a funded 15
service; and 16
(b) who, in the course of the appointment or because of opportunity 17
provided by the appointment, has gained or has access to 18
confidential information about the registered provider or 19
someone else. 20
(2) The person must not make a record of the information, disclose the 21
information to anyone else or give access to the information to anyone else, 22
other than-- 23
(a) for a purpose of this part; or 24
(b) with the consent of the registered provider or other person to 25
whom the information relates; or 26
(c) in compliance with lawful process requiring production of 27
documents or giving of evidence before a court or tribunal; or 28
(d) as expressly permitted or required by another Act. 29
Maximum penalty--20 penalty units. 30
s 58 37 s 60
Housing Bill 2003
58 Remuneration 1
An interim manager is entitled to be paid the reasonable amount of 2
remuneration agreed with the chief executive. 3
59 Registered provider liable for remuneration and other costs 4
(1) If an interim manager is appointed to a funded service, the chief 5
executive may give the registered provider a written demand for the amount 6
of an administration cost. 7
(2) The chief executive may recover the amount as a debt owed to the 8
State. 9
(3) At any time during or after the appointment, the chief executive may 10
recover an administration cost from an amount held by the manager under 11
section 51. 12
(4) In this section-- 13
"administration cost" means the remuneration paid to the interim 14
manager and any other reasonable cost incurred in carrying out the 15
manager's function. 16
60 Accounts and reports 17
(1) An interim manager appointed to a funded service must give to the 18
chief executive-- 19
(a) records of all amounts received or paid in the course of the 20
appointment; and 21
(b) the other reports about the administration that the chief executive 22
requires. 23
(2) The records and other reports must be given as soon as possible after 24
the end of the appointment or, if required by the chief executive at a time 25
during the appointment, at that time. 26
(3) The chief executive must give a copy of each record or report to the 27
registered provider. 28
s 61 38 s 63
Housing Bill 2003
61 Notation in the register 1
If an interim manager is appointed to a funded service, the chief 2
executive may include in the register a note about the appointment that the 3
chief executive considers appropriate. 4
62 Compensation 5
(1) A person may claim compensation from the chief executive if the 6
person incurs loss or damage because of the exercise or purported exercise 7
of a power under this part. 8
(2) Compensation may be claimed and ordered to be paid in a 9
proceeding brought in a court with jurisdiction for the recovery of the 10
amount of compensation claimed. 11
(3) A court may order compensation to be paid only if satisfied it is just 12
to make the order in the circumstances of the particular case. 13
PART 6--REVIEW OF DECISIONS 14
63 Reviewable decisions 15
The following are reviewable decisions-- 16
(a) a decision by the chief executive about-- 17
(i) a person's eligibility to be provided with public housing; or 18
(ii) the type of public housing to be provided to a person; or 19
(iii) the place where public housing is to be provided to a 20
person; 21
(b) a decision under section 28 to refuse an application for 22
registration; 23
(c) a decision under section 30 relating to an application for 24
cancellation of registration-- 25
(i) to refuse the application; or 26
(ii) to require the applicant to take stated action before the 27
application is granted; 28
s 64 39 s 66
Housing Bill 2003
(d) a decision under section 31 to cancel registration; 1
(e) a decision to appoint an interim manager under part 5, division 2; 2
(f) a decision to register an entity under section 127. 3
64 Chief executive must give notice after making reviewable decision 4
Immediately after making a reviewable decision in relation to a person, 5
the chief executive must give the person a notice stating-- 6
(a) the reasons for the decision; and 7
(b) that, within 28 days after receiving the notice, the person may 8
apply to the chief executive for a review of the decision; and 9
(c) how the person may apply for the review. 10
65 Application for review 11
(1) A person entitled to be given a notice about a reviewable decision 12
under section 64 may apply to the chief executive for a review of the 13
decision. 14
(2) The application must be made-- 15
(a) if the chief executive gives the person a notice about the decision 16
under section 64--within 28 days after the notice is given; or 17
(b) otherwise--within 28 days after the person becomes aware of the 18
decision. 19
(3) The chief executive may extend the time for making the application. 20
(4) The application must be in the approved form and supported by 21
enough information to enable the chief executive to decide the application. 22
66 Stay of operation of original decision 23
(1) An application under section 65 for a review of a decision does not 24
stay the decision. 25
(2) However, the chief executive may give the person a notice staying the 26
operation of the decision for a stated period. 27
(3) The stay may be granted on conditions the chief executive considers 28
appropriate. 29
s 67 40 s 68
Housing Bill 2003
67 Review decision 1
(1) This section applies to an application under section 65 for a review of 2
a decision. 3
(2) Unless the chief executive made the original decision personally, the 4
chief executive must ensure the application is not dealt with by-- 5
(a) the person who made the original decision; or 6
(b) a person in a less senior office than the person who made the 7
original decision. 8
(3) Within 28 days after receiving the application, the chief executive 9
must review the original decision and make a decision (the "review 10
decision")-- 11
(a) confirming the original decision; or 12
(b) amending the original decision; or 13
(c) substituting another decision for the original decision. 14
(4) The chief executive must make the review decision on the material 15
that led to the original decision and any other material the chief executive 16
considers relevant. 17
(5) Immediately after making the review decision, the chief executive 18
must give the person notice of the review decision and the reasons for it. 19
PART 7--INFORMATION GATHERING AND 20
ENFORCEMENT 21
Division 1--Matters for which powers may be exercised 22
68 Exercise of powers only for certain matters 23
A power conferred under this part may be exercised only for monitoring 24
or enforcing-- 25
s 69 41 s 70
Housing Bill 2003
(a) compliance with part 3;5 or 1
(b) compliance by a registered provider with-- 2
(i) a prescribed requirement; or 3
(ii) section 35(5), 37 or 55(1); or 6
4
(iii) in relation to a relevant agreement within the meaning given 5
by section 39--the Residential Tenancies Act 1994, 6
section 103(2)(b) to (d) or (3)(a) to (c); or 7
8
Note for paragraph (b)(iii)--
9
This relates to a ground for appointing an interim manager to a
10
funded service provided by the registered provider. See
11
section 41(1)(b).
(c) compliance with section 88 or 89.7 12
Division 2--Authorised officers 13
69 Appointment 14
The chief executive may appoint an officer of the department as an 15
authorised officer if the chief executive is satisfied the officer is qualified 16
for appointment because the officer has the necessary expertise or 17
experience. 18
70 Appointment conditions and limit on powers 19
(1) An authorised officer holds office on any conditions stated in-- 20
(a) the officer's instrument of appointment; or 21
(b) a signed notice given to the officer; or 22
(c) a regulation. 23
(2) The instrument of appointment, a signed notice given to the officer or 24
a regulation may limit the officer's powers under this Act. 25
5 Part 3 (Obligations relating to public housing and other government housing
services)
6 Section 35 (Compliance notice), 37 (Registered provider must give notice of
changes) or 55 (Obstruction)
7 Section 88 (False or misleading statements) or 89 (False or misleading documents)
s 71 42 s 73
Housing Bill 2003
(3) In this section-- 1
"signed notice" means a notice signed by the chief executive. 2
71 When authorised officer stops holding office 3
(1) An authorised officer stops holding office if any of the following 4
happens-- 5
(a) the term of office stated in a condition of office ends; 6
(b) under another condition of office, the officer stops holding office; 7
(c) the officer's resignation under section 72 takes effect. 8
(2) Subsection (1) does not limit the ways an authorised officer may stop 9
holding office. 10
(3) In this section-- 11
"condition of office" means a condition on which the officer holds office. 12
72 Resignation 13
An authorised officer may resign by signed notice given to the chief 14
executive. 15
73 Issue of identity card 16
(1) The chief executive must issue an identity card to each authorised 17
officer. 18
(2) The identity card must-- 19
(a) contain a recent photo of the officer; and 20
(b) contain a copy of the officer's signature; and 21
(c) identify the person as an authorised officer under this Act; and 22
(d) state an expiry date for the card. 23
(3) This section does not prevent the issue of a single identity card to a 24
person for this Act and other purposes. 25
s 74 43 s 76
Housing Bill 2003
74 Return of identity card 1
A person who stops being an authorised officer must return the person's 2
identity card to the chief executive as soon as practicable, but not later than 3
7 days, after the person stops being an authorised officer unless the person 4
has a reasonable excuse. 5
Maximum penalty--5 penalty units. 6
75 Production or display of identity card 7
(1) In exercising a power under this Act in relation to a person, an 8
authorised officer must-- 9
(a) produce the officer's identity card for the person's inspection 10
before exercising the power; or 11
(b) have the identity card displayed so it is clearly visible to the 12
person when exercising the power. 13
(2) However, if it is not practicable to comply with subsection (1), the 14
officer must produce the identity card for the person's inspection at the first 15
reasonable opportunity. 16
(3) For subsection (1), an authorised officer does not exercise a power in 17
relation to a person only because the officer has entered a place as 18
mentioned in section 77(1)(b) or (2). 19
Division 3--Powers of authorised officers 20
76 Non-application to certain residences 21
(1) This division does not apply to a place that a person is occupying as 22
the person's residence-- 23
(a) under a residential tenancy agreement, contract of sale or other 24
agreement with the chief executive; or 25
(b) with financial assistance given directly to the person by the chief 26
executive to enable the person to occupy the place as the person's 27
residence. 28
(2) For a person who is an authorised officer, subsection (1) does not 29
prevent the person entering a place mentioned in subsection (1) other than 30
in the person's capacity as an authorised officer. 31
s 77 44 s 78
Housing Bill 2003
77 Power to enter a place 1
(1) An authorised officer may enter a place if-- 2
(a) its occupier consents to the entry; or 3
(b) it is a public place and the entry is made when it is open to the 4
public; or 5
(c) it is not a residence and the entry is made when the place is open 6
for the conduct of business. 7
(2) For the purpose of asking the occupier of a place for consent to enter, 8
an authorised officer may, without the occupier's consent-- 9
(a) enter land around a building at the place to an extent that is 10
reasonable to contact the occupier; or 11
(b) enter part of the place the officer reasonably considers members 12
of the public ordinarily are allowed to enter when they wish to 13
contact the occupier. 14
78 Entry with consent 15
(1) This section applies if an authorised officer intends to ask an occupier 16
of a place to consent to the officer or another authorised officer entering the 17
place under section 77(1)(a). 18
(2) Before asking for the consent, the officer must tell the occupier-- 19
(a) the purpose of the entry; and 20
(b) that the occupier is not required to consent; and 21
(c) briefly, the powers the officer may exercise under this part. 22
(3) If the consent is given, the officer may ask the occupier to sign an 23
acknowledgement of the consent. 24
(4) The acknowledgement must state-- 25
(a) the occupier has been told-- 26
(i) the purpose of the entry; and 27
(ii) that the occupier is not required to consent; and 28
(iii) briefly, the powers the officer may exercise under this part; 29
and 30
(b) the purpose of the entry; and 31
s 79 45 s 79
Housing Bill 2003
(c) the occupier gives the officer consent to enter the place and 1
exercise powers under this part; and 2
(d) the time and date the consent was given. 3
(5) If the occupier signs the acknowledgement, the officer must 4
immediately give a copy to the occupier. 5
(6) If-- 6
(a) an issue arises in a proceeding about whether the occupier 7
consented to the entry; and 8
(b) an acknowledgement complying with subsection (4) for the entry 9
is not produced in evidence; 10
the onus of proof is on the person relying on the lawfulness of the entry to 11
prove the occupier consented. 12
79 General powers after entering a place 13
(1) This section applies to an authorised officer who enters a place under 14
this division. 15
(2) However, if an authorised officer enters a place to get the occupier's 16
consent to enter the place, this section applies to the officer only if the 17
consent is given or the entry is otherwise authorised. 18
(3) The authorised officer may do any of the following-- 19
(a) search any part of the place; 20
(b) inspect, photograph or film any part of the place or anything at 21
the place; 22
(c) copy a document at the place; 23
(d) take into or onto the place any person, equipment and materials 24
the officer reasonably requires for the exercise of a power under 25
this part; 26
(e) require the occupier of the place, or a person at the place, to give 27
the officer-- 28
(i) reasonable help to exercise the officer's powers under 29
paragraphs (a) to (d); or 30
(ii) information to help the officer find out whether a provision 31
mentioned in section 68 or a prescribed requirement is 32
being complied with. 33
s 80 46 s 81
Housing Bill 2003
80 Failure to help authorised officer 1
A person required to give reasonable help, or information, under 2
section 79(3)(e) must comply with the requirement, unless the person has a 3
reasonable excuse. 4
Maximum penalty--20 penalty units. 5
Division 4--Other powers 6
81 Power to require information or documents 7
(1) The chief executive or an authorised officer may, by notice given to a 8
person, require the person to-- 9
(a) give to the chief executive or an authorised officer, either orally 10
or in writing, information in the person's knowledge about a 11
stated matter within a stated reasonable time and in a stated 12
reasonable way; or 13
(b) give to the chief executive or an authorised officer, within a stated 14
reasonable time and in a stated reasonable way, a document 15
about a stated matter in the person's possession or control. 16
(2) The chief executive or authorised officer may keep a document 17
mentioned in subsection (1)(b) to copy it. 18
(3) If the chief executive or authorised officer copies the document, or an 19
entry in the document, the chief executive or officer may require the person 20
who has possession or control of the document to certify the copy as a true 21
copy of the document or entry. 22
(4) The chief executive or authorised officer must return the document to 23
the person as soon as practicable after copying it. 24
(5) A person of whom a requirement is made under subsection (1) must 25
comply with the requirement, unless the person has a reasonable excuse. 26
Maximum penalty--20 penalty units. 27
(6) If a court convicts a person of an offence against subsection (5), the 28
court may also order the person to give to the chief executive or a stated 29
authorised officer, within a stated time and in a stated way, information or a 30
document to which the requirement related. 31
s 82 47 s 84
Housing Bill 2003
Division 5--Miscellaneous 1
82 Self-incrimination 2
(1) This section applies if-- 3
(a) the chief executive or an authorised officer makes a requirement 4
of an individual; and 5
(b) under a provision of this part, it is an offence for the individual to 6
fail to comply with the requirement unless the individual has a 7
reasonable excuse. 8
(2) It is a reasonable excuse for the individual to fail to comply with the 9
requirement that complying with the requirement might tend to incriminate 10
the individual. 11
83 Compensation 12
(1) A person may claim compensation from the chief executive if the 13
person incurs loss or damage because of the exercise or purported exercise 14
of a power under this part. 15
(2) Without limiting subsection (1), compensation may be claimed for 16
loss or damage incurred in complying with a requirement made of the 17
person under this part. 18
(3) Compensation may be claimed and ordered to be paid in a 19
proceeding-- 20
(a) brought in a court with jurisdiction for the recovery of the 21
amount of compensation claimed; or 22
(b) for an offence against this Act brought against the person 23
claiming compensation. 24
(4) A court may order compensation to be paid only if satisfied it is just 25
to make the order in the circumstances of the particular case. 26
84 Obstructing an authorised officer 27
(1) A person must not obstruct an authorised officer in the exercise of a 28
power, unless the person has a reasonable excuse. 29
Maximum penalty--20 penalty units. 30
s 85 48 s 86
Housing Bill 2003
(2) If a person has obstructed an authorised officer and the officer 1
decides to proceed with the exercise of the power, the officer must warn the 2
person that-- 3
(a) it is an offence to obstruct the officer, unless the person has a 4
reasonable excuse; and 5
(b) the officer considers the person's conduct an obstruction. 6
85 Impersonation of an authorised officer 7
A person must not pretend to be an authorised officer. 8
Maximum penalty--20 penalty units. 9
86 Duty of confidentiality 10
(1) This section applies to a person-- 11
(a) who is, or has been, appointed as an authorised officer; and 12
(b) who, in the course of the appointment or because of opportunity 13
provided by the appointment, has gained or has access to 14
confidential information about someone else. 15
(2) The person must not make a record of the information, disclose the 16
information to anyone else or give access to the information to anyone else, 17
other than-- 18
(a) for a purpose of this Act; or 19
(b) with the consent of the person to whom the information relates; 20
or 21
(c) in compliance with lawful process requiring production of 22
documents or giving of evidence before a court or tribunal; or 23
(d) as expressly permitted or required under an Act. 24
Maximum penalty--20 penalty units. 25
s 87 49 s 90
Housing Bill 2003
PART 8--MISCELLANEOUS 1
Division 1--Offences 2
87 Meaning of "official" 3
In this division-- 4
"official" means the chief executive or an authorised officer. 5
88 False or misleading statements 6
A person must not state anything to an official that the person knows is 7
false or misleading in a material particular. 8
Maximum penalty--10 penalty units. 9
89 False or misleading documents 10
(1) A person must not give an official a document containing 11
information that the person knows is false or misleading in a material 12
particular. 13
Maximum penalty--10 penalty units. 14
(2) Subsection (1) does not apply to a person if the person, when giving 15
the document-- 16
(a) tells the official, to the best of the person's ability, how it is false 17
or misleading; and 18
(b) if the person has, or can reasonably obtain, the correct 19
information--gives the correct information. 20
90 Responsibility for acts or omissions of representatives 21
(1) This section applies in a proceeding for an offence against this Act. 22
(2) If it is relevant to prove a person's state of mind about a particular act 23
or omission, it is enough to show-- 24
(a) the act was done or omitted to be done by a representative of the 25
person within the scope of the representative's actual or apparent 26
authority; and 27
s 91 50 s 91
Housing Bill 2003
(b) the representative had the state of mind. 1
(3) An act done or omitted to be done for a person by a representative of 2
the person within the scope of the representative's actual or apparent 3
authority is taken to have been done or omitted to be done also by the 4
person, unless the person proves the person could not, by the exercise of 5
reasonable diligence, have prevented the act or omission. 6
(4) In this section-- 7
"representative" means-- 8
(a) for a corporation--an executive officer, employee or agent of the 9
corporation; or 10
(b) for an individual--an employee or agent of the individual. 11
"state of mind", of a person, includes-- 12
(a) the person's knowledge, intention, opinion, belief or purpose; 13
and 14
(b) the person's reasons for the intention, opinion, belief or purpose. 15
91 Executive officers must ensure corporation complies with Act 16
(1) The executive officers of a corporation must ensure the corporation 17
complies with this Act. 18
(2) If a corporation commits an offence against a provision of this Act, 19
each of the corporation's executive officers also commits an offence, 20
namely, the offence of failing to ensure the corporation complies with the 21
provision. 22
Maximum penalty--the penalty for the contravention of the provision by 23
an individual. 24
(3) Evidence that the corporation has been convicted of an offence 25
against a provision of this Act is evidence that each of the executive 26
officers committed the offence of failing to ensure the corporation 27
complies with the provision. 28
(4) However, it is a defence for an executive officer to prove-- 29
(a) if the officer was in a position to influence the conduct of the 30
corporation in relation to the offence, the officer exercised 31
reasonable diligence to ensure the corporation complied with the 32
provision; or 33
s 92 51 s 94
Housing Bill 2003
(b) the officer was not in a position to influence the conduct of the 1
corporation in relation to the offence. 2
Division 2--Interest rates for owner-occupied home loans 3
92 Standard interest rates 4
(1) The chief executive may, by publishing a notice in a newspaper 5
circulating throughout the State, declare 1 or more standard interest rates 6
for owner-occupied home loans made by the chief executive under this Act. 7
(2) The declared rates may include a standard fixed interest rate and a 8
standard variable interest rate. 9
(3) A declared interest rate must be consistent with the interest rate 10
policy prescribed under a regulation. 11
(4) A declared interest rate applies to a loan if the rate is stated to apply 12
under this Act or under an agreement between the parties to the loan. 13
93 Lower interest rate in special circumstances 14
(1) This section applies if the chief executive has made, or is proposing 15
to make, an owner-occupied home loan to a person. 16
(2) The chief executive may lower the interest rate applying, or that 17
would otherwise apply, to the loan if the chief executive is satisfied it 18
would be appropriate to do so because of special circumstances. 19
(3) The chief executive may agree with the person on other conditions 20
for the loan including, for example, a condition about the time for which 21
the lower interest rate applies. 22
94 Other ways of setting rates not limited 23
This division does not limit the interest rates the chief executive may 24
agree to, or the ways the chief executive may set interest rates, for loans 25
made by the chief executive on behalf of the State. 26
27
Note--
28
See section 13 for the chief executive's power to make loans and set interest rates for
29
the loans.
s 95 52 s 98
Housing Bill 2003
Division 3--Other matters 1
95 Exemption from rating 2
(1) Land that is portfolio property is not rateable land for the Local 3
Government Act 1993. 4
(2) Subsection (1) does not apply to-- 5
(a) land that is the subject of a section 24 contract; or 6
(b) land in which a person has a share that the person bought under a 7
section 24 contract. 8
(3) In this section-- 9
"section 24 contract" means a contract of sale, entered into under the 10
repealed Act, section 24, under which-- 11
(a) the purchasing price, other than any deposit, is payable in 2 or 12
more instalments; or 13
(b) the sale is of a share in a house and land. 14
96 Loans to enable conduct of residential services 15
To remove any doubt, it is declared that a reference to a loan in 16
section 13 includes a loan to help meet the costs of building and related 17
work carried out for the purpose of conducting a residential service under 18
the Residential Services (Accreditation) Act 2002. 19
97 Application of Criminal Code, s 89 20
A public service employee does not commit an offence against the 21
Criminal Code, section 89,8 only because the employee enters into an 22
agreement with the chief executive for the provision of a housing service to 23
the employee. 24
98 Acquisition of land 25
The purposes of this Act are purposes for which land may be taken under 26
the Acquisition of Land Act 1967. 27
8 Criminal Code, section 89 (Public officers interested in contracts)
s 99 53 s 103
Housing Bill 2003
99 Advisory committees 1
The Minister may establish advisory committees in order to obtain the 2
views of government entities, individuals, community entities and other 3
non-government entities about housing matters. 4
100 Approved forms 5
The chief executive may approve forms for use under this Act. 6
101 Regulation-making power 7
(1) The Governor in Council may make regulations under this Act. 8
(2) A regulation may be made about the following-- 9
(a) housing service decisions made by the chief executive or a 10
registered provider; 11
(b) fees; 12
(c) interest rates. 13
(3) A regulation may provide for a maximum penalty of not more than 14
20 penalty units for a contravention of a regulation. 15
PART 9--LEGAL PROCEEDINGS 16
Division 1--Evidence 17
102 Application of div 1 18
This division applies to a proceeding under this Act. 19
103 Appointments and authority 20
It is not necessary to prove the appointment of the chief executive or an 21
authorised officer, or the authority of the chief executive or an authorised 22
officer to do anything under this Act, unless a party, by reasonable notice, 23
requires proof of the appointment or authority. 24
s 104 54 s 106
Housing Bill 2003
104 Signatures 1
A signature purporting to be the signature of the chief executive or an 2
authorised officer is evidence of the signature it purports to be. 3
105 Other evidentiary aids 4
A certificate purporting to be signed by the chief executive and stating 5
any of the following matters is evidence of the matter-- 6
(a) a stated document is one of the following things made, given, 7
issued or kept under this Act-- 8
(i) an appointment, approval or decision; 9
(ii) a notice, direction or requirement; 10
(iii) the register or an extract from the register; 11
(b) a stated document is a copy of a document mentioned in 12
paragraph (a); 13
(c) on a stated day, or during a stated period, an appointment as an 14
authorised officer was, or was not, in force for a stated person; 15
(d) on a stated day, a stated person was given a stated notice or 16
direction under this Act; 17
(e) on a stated day, a stated requirement was made of a stated person. 18
Division 2--Offence proceedings 19
106 Summary proceedings for offences 20
(1) A proceeding for an offence against this Act must be taken in a 21
summary way under the Justices Act 1886. 22
(2) The proceeding must start within the later of the following periods to 23
end-- 24
(a) 1 year after the commission of the offence; 25
(b) 6 months after the offence comes to the complainant's 26
knowledge, but within 2 years after the commission of the 27
offence. 28
s 107 55 s 111
Housing Bill 2003
107 Statement of complainant's knowledge 1
In a complaint starting a proceeding for an offence against this Act, a 2
statement that the matter of the complaint came to the complainant's 3
knowledge on a stated day is evidence of when the matter came to the 4
complainant's knowledge. 5
108 False or misleading information or statements 6
In a proceeding for an offence against this Act defined as involving false 7
or misleading information, or a false or misleading statement, it is enough 8
for a charge to state that the information or statement was, without 9
specifying which, `false or misleading'. 10
PART 10--REPEAL, SAVINGS AND TRANSITIONAL 11
PROVISIONS 12
Division 1--Amendment of State Housing Act 1945 13
109 Amendment of State Housing Act 1945 14
Schedule 1 amends certain provisions of the State Housing Act 1945 and 15
relocates the amended provisions to division 3. 16
Division 2--Repeal of State Housing Act 1945 17
110 Repeal 18
The State Housing Act 1945 9 Geo 6 No. 24 is repealed. 19
Division 3--Saved provisions from repealed Act 20
111 Explanation 21
This division contains certain provisions relocated from the repealed 22
Act. 23
s 112 56 s 117
Housing Bill 2003
112 Provision of land for industry, trade or business9 1
113 Chief executive's power to sell houses to eligible persons10 2
Division 4--Other savings and transitional provisions 3
114 Definitions for div 4 4
In this division-- 5
"commencement day", in relation to a provision of this part, means the 6
day the provision commences. 7
"commission" means the Queensland Housing Commission under the 8
repealed Act. 9
"loan" includes advance. 10
115 References to repealed Act 11
In an Act or document, a reference to the repealed Act may, if the context 12
permits, be taken as a reference to this Act. 13
116 Dissolution of the commission 14
The commission is dissolved. 15
117 State is the legal successor 16
(1) The State is the commission's successor in law. 17
(2) Subsection (1) is not limited by another section of this division. 18
9 The repealed Act, section 22B, is amended and relocated to this section. See
schedule 1, section 1.
10 The repealed Act, section 24, is amended and relocated to this section. See
schedule 1, section 2.
s 118 57 s 121
Housing Bill 2003
118 References to commission 1
In an Act or document, a reference to the commission may, if the context 2
permits, be taken as a reference to the State. 3
119 Commission's assets and liabilities 4
(1) On the commencement day, the commission's assets and liabilities 5
immediately before the commencement day become the State's assets and 6
liabilities. 7
(2) The registrar of titles or other person responsible for keeping a 8
register for dealings in property must acknowledge the vesting under this 9
section without a requirement to record the change in the owner, and any 10
dealing in the assets and liabilities on or after the commencement day may 11
be signed by the chief executive. 12
(3) Subsection (2) applies even though a relevant document of title is not 13
produced to the registrar of titles or other person. 14
120 Waiver of amounts owed 15
A reference in section 14 to an amount owed to the chief executive
11
16
arising out of, or relating to, the chief executive's provision of a housing 17
service includes an amount that-- 18
(a) is owed to the State; and 19
(b) immediately before the commencement day, was an amount 20
owed to the commission arising out of, or relating to, the 21
commission's provision of a housing service. 22
121 Lower interest rate 23
A reference in section 9312 to an owner-occupied home loan made by the 24
chief executive includes an owner-occupied home loan owed to the State 25
that was made by the commission before the commencement day. 26
11 Section 14 (Waiver of amounts owed)
12 Section 93 (Lower interest rate in special circumstances)
s 122 58 s 125
Housing Bill 2003
122 Officers and employees of the commission 1
(1) This section applies to a person who, immediately before the 2
commencement day, was a public service employee employed as an officer 3
or employee of the commission. 4
(2) On the commencement day, the person becomes a public service 5
employee in the department. 6
(3) Otherwise, the person's employment and all rights, entitlements and 7
obligations related to the employment are unaffected by the enactment of 8
this Act. 9
123 Agreement with the commission 10
(1) This section applies to an agreement, in force immediately before the 11
commencement day, to which the commission was a party. 12
(2) On the commencement day, the State becomes a party to the 13
agreement in place of the commission. 14
(3) In this section-- 15
"agreement" includes a contract of sale, lease, tenancy agreement, loan 16
agreement and mortgage agreement. 17
124 Proceeding to which the commission was a party 18
(1) This section applies to a proceeding that, immediately before the 19
commencement day, had not ended and to which the commission was a 20
party. 21
(2) On the commencement day, the State becomes a party to the 22
proceeding in place of the commission. 23
125 Proceeding not yet started by or against the commission 24
(1) This section applies if, immediately before the commencement day, a 25
proceeding could have been started by or against the commission. 26
(2) The proceeding may be started by or against the State. 27
s 126 59 s 127
Housing Bill 2003
126 Application to the commission 1
(1) This section applies to an application made to the commission under 2
the repealed Act that, immediately before the commencement day, had not 3
been finally dealt with. 4
(2) To the extent the application relates to a matter that the chief 5
executive may deal with under this Act, the chief executive may deal with 6
the application as if it had been made to the chief executive. 7
127 Registration of entity that is a party to a continuing agreement 8
(1) This section applies to an entity mentioned in section 21 that, on the
13
9
commencement day, is a party to a continuing agreement. 10
(2) At any time while the continuing agreement is current, the chief 11
executive may register the entity, even though the entity has not applied for 12
registration under section 28. 13
(3) In deciding whether to register the entity, the chief executive must 14
have regard to-- 15
(a) the time for which the continuing agreement will remain current; 16
and 17
(b) the nature and extent of the assistance that has been, or is 18
proposed to be, provided to the entity under the continuing 19
agreement; and 20
(c) whether the entity has complied or is complying with the 21
continuing agreement; and 22
(d) the matters stated in section 28(4). 23
(4) Before registering the entity, the chief executive must give it a 24
notice-- 25
(a) stating that the chief executive proposes to register it; and 26
(b) inviting it to give a written response within a stated time of at 27
least 14 days. 28
(5) The chief executive must consider any written response received 29
from the entity within the stated time before deciding whether to proceed 30
with the registration. 31
13 Section 21 (Entities that may be registered)
s 128 60 s 128
Housing Bill 2003
(6) Immediately after deciding whether or not to register the entity, the 1
chief executive must give the entity notice of the decision. 2
(7) On registration of the entity-- 3
(a) each continuing agreement with the entity that is current at the 4
time of registration is an assistance agreement for this Act; and 5
(b) a housing service provided by the entity using assistance from 6
the chief executive under an assistance agreement is a funded 7
service. 8
(8) This section does not limit the application of part 4. 9
10
Examples--
11
1. If the chief executive decides not to register an entity under this section, the entity
12
may apply for registration under section 28.
13
2. Under section 29, the registration of an entity remains in force unless it is
14
cancelled under part 4.
15
3. If the chief executive registers an entity under this section, the entity may apply
16
under section 30 for cancellation of the registration.
(9) In this section-- 17
"continuing agreement" means an agreement-- 18
(a) entered into, between the commission and an entity mentioned in 19
section 21, on or after 1 January 1996; and 20
(b) that was current immediately before the commencement day. 21
128 Land set apart under the repealed Act, s 18 22
(1) This section applies to a notification made under the repealed Act, 23
section 18(3),14 on or before 23 December 1996, that was in force 24
immediately before the commencement day. 25
(2) The notification continues in force. 26
(3) A reference in the notification to land being set apart to be used for 27
the purposes of the repealed Act is taken to be a reference to the land being 28
set apart to be used for the purposes of this Act. 29
(4) Subsection (3) is not a further setting apart of the land. 30
14 The repealed Act, section 18 (Power to vest other lands)
s 129 61 s 131
Housing Bill 2003
129 Lease under the repealed Act, s 22B 1
(1) This section applies to a lease, granted under the repealed Act, 2
section 22B,15 that was in force immediately before the commencement 3
day. 4
(2) That section (as amended, renumbered as section 112 and relocated 5
under schedule 1) continues to apply to the lease while the lease is in force. 6
130 Loan to which the repealed Act, s 23A(8)(b) and (c) applied 7
(1) The repealed Act, section 23A(8)(b) and (c), as in force 16
8
immediately before the commencement day, continue to apply to a loan to 9
which the provisions applied immediately before the commencement day. 10
(2) For subsection (1), the repealed Act, section 23A(8)(b) continues to 11
apply as if a reference in the provision to conferring a power, function, 12
right or remedy on the commission or an officer of the commission were a 13
reference to conferring the power, function, right or remedy on the chief 14
executive acting on behalf of the State or an officer in the department. 15
131 Reservation registered over a lot under the repealed Act, s 23B 16
(1) This section applies to a lot that, immediately before the 17
commencement day, was the subject of a reservation registered under the 18
repealed Act, section 23B.17 19
(2) The repeal of that section does not affect the reservation. 20
(3) The repealed Act, section 23B(8) to (11), as in force immediately 21
before the commencement day, continue to apply to the lot while the 22
reservation is registered over the lot, as if-- 23
(a) a reference in those provisions to the commission were a 24
reference to the chief executive acting on behalf of the State; and 25
(b) a reference in those provisions to the Minister were a reference to 26
the Minister administering this Act. 27
15 The repealed Act, section 22B (Provision of land for industry, trade or business)
16 The repealed Act, section 23A (Advances for the purchase of dwelling houses)
17 The repealed Act, section 23B (Sale of lots under Building Units and Group Titles
Act or BCCM Act to pensioners)
s 132 62 s 133
Housing Bill 2003
(4) For the purpose of subsection (3), the other provisions of section 23B 1
continue to apply to the extent necessary. 2
132 Sale under the repealed Act, s 24 3
(1) This section applies to a contract of sale, entered into under the 4
repealed Act, section 24,18 that was in force immediately before the 5
commencement day. 6
(2) That section (as amended, renumbered as section 113 and relocated 7
under schedule 1) continues to apply to the contract while the contract is in 8
force. 9
133 Freeholding lease under the repealed Act, s 24 10
(1) This section applies to a freeholding lease under the repealed Act, 11
section 24, that was in force immediately before the commencement day. 12
(2) The terms and conditions of the lease continue to apply. 13
(3) The final payment of the purchase price of the land in the lease and 14
any home erected on the land must include the appropriate fees prescribed 15
under the Land Act 1994 and the Land Title Act 1994 for the issue of a deed 16
of grant. 17
(4) The Land Act 1994 applies, with all necessary changes, to the lease 18
except that-- 19
(a) all lease payments must be paid to the chief executive; and 20
(b) a reference in that Act to the Minister is taken to be a reference to 21
the Minister administering this Act; and 22
(c) to remove any doubt, chapter 8, part 219 of that Act does not 23
apply. 24
(5) The Governor in Council must issue a deed of grant for the land 25
contained in the lease when-- 26
(a) the terms and conditions of the lease and the contract of sale 27
under the repealed Act, section 24 have been fulfilled; and 28
18 The repealed Act, section 24 (Power to commission to sell houses to eligible
persons)
19 Land Act 1994, chapter 8 (Continued rights and tenures), part 2 (Freeholding leases)
s 134 63 s 135
Housing Bill 2003
(b) the purchase price of the land in the lease and any home erected 1
on the land, interest on the purchase price and all relevant fees 2
have been paid. 3
(6) The deed of grant is issued subject to all the encumbrances to which 4
the lease was subject and in the same priorities. 5
134 Other lease under the repealed Act, s 24 6
(1) This section applies to a lease, other than a freeholding lease, granted 7
under the repealed Act, section 24, that was in force immediately before the 8
commencement day. 9
(2) That section (as amended, renumbered as section 113 and relocated 10
under schedule 1) continues to apply to the lease while the lease is in force. 11
(3) The lease is taken to be a perpetual lease for residential purposes 12
under the Land Act 1994. 13
135 Sale, lease or arrangements under the repealed Act, s 24A 14
(1) This section applies to an agreement, lease or arrangements, under 15
the repealed Act, section 24A,20 that were in force immediately before the 16
commencement day. 17
(2) The repealed Act, section 24A(3C) to (7), (7B), (7C) and (7E) to 18
(12), as in force immediately before the commencement day, continue to 19
apply to the agreement, lease or arrangements while they are in force, as 20
if-- 21
(a) a reference in those provisions to the commission were a 22
reference to the chief executive acting on behalf of the State; and 23
(b) a reference in those provisions to the Minister charged with the 24
administration of the repealed Act were a reference to the 25
Minister administering this Act; and 26
(c) a reference in those provisions to a perpetual town lease or 27
perpetual suburban lease were a reference to a perpetual lease for 28
residential purposes. 29
20 The repealed Act, section 24A (Power of commission to provide home sites)
s 136 64 s 137
Housing Bill 2003
(3) A lease that, immediately before the commencement day, was a 1
perpetual town lease or perpetual suburban lease is taken to be a perpetual 2
lease for residential purposes. 3
136 Lease to which the repealed Act, s 24C applied 4
(1) This section applies to a lease granted under the repealed Act, 5
section 24 or 24A, that was in force, and to which the repealed Act, 6
section 24C21 applied, immediately before the commencement day. 7
(2) The repealed Act, section 24C(1) to (7), as in force immediately 8
before the commencement day, continue to apply to the lease while the 9
lease is in force, as if a reference in those provisions to the prescribed 10
percentage were a reference to the prescribed percentage in force 11
immediately before the commencement day or, if another percentage is 12
prescribed under a regulation for this section, the other percentage. 13
137 Application of the repealed Act, s 25 and schedule 14
(1) This section applies to a contract of sale, entered into under the 15
repealed Act, that was in force immediately before the commencement day. 16
(2) The repealed Act, section 25(3) to (5)22 and the schedule, as in force 17
immediately before the commencement day, continue to apply to the 18
contract while the contract is in force, as if-- 19
(a) a reference in those provisions to the commission were a 20
reference to the chief executive acting on behalf of the State; and 21
(b) a reference in those provisions to the commission, subject to the 22
repealed Act, disposing of a property to any eligible person were 23
a reference to the chief executive dealing with the property under 24
this Act. 25
21 The repealed Act, section 24C (Rental provisions regarding perpetual leases)
22 The repealed Act, section 25 (Discretion of commission as to making of contract of
sale)
s 138 65 s 141
Housing Bill 2003
138 Continuing application of the repealed Act, s 26D 1
(1) This section applies to an agreement to sell a dwelling house, under 2
the repealed Act, section 26D(1),23 entered into by the commission before 3
the commencement day. 4
(2) The repealed Act, section 26D, as in force immediately before the 5
commencement day, continues to apply to the sale as if a reference in the 6
section to the commission were a reference to the chief executive acting on 7
behalf of the State. 8
139 Approved housing institutions advances account 9
(1) The approved housing institutions advances account established 10
under the repealed Act, section 29B, is discontinued. 11
(2) If, immediately before the commencement day, there is an amount in 12
the account, the amount must be paid into the Queensland Housing Fund. 13
140 Loan under the repealed Act, pt 6A 14
(1) This section applies to a loan under the repealed Act, part 6A,24 that, 15
immediately before the commencement day, had not been fully repaid. 16
(2) The repealed Act, part 6A, as in force immediately before the 17
commencement day, continues to apply to the loan until it is fully repaid. 18
(3) However, an amount received as a repayment of the loan must be 19
paid into the Queensland Housing Fund. 20
141 Continuing application of the repealed Act, pt 6C 21
(1) This section applies to a trust asset or trust liability under the 22
repealed Act, part 6C,25 that was an asset or liability of the commission 23
immediately before the commencement day. 24
(2) A right, power, privilege or liability of the commission under that 25
part immediately before the commencement day is a right, power, privilege 26
or liability of the chief executive on behalf of the State. 27
23 The repealed Act, section 26D (Sales of houses let or leased by employers)
24 The repealed Act, part 6A (Advances to approved housing institutions)
25 The repealed Act, part 6C (Termination of housing trusts)
s 142 66 s 143
Housing Bill 2003
(3) The repealed Act, sections 29I, 29L, 29M, 29O, 29Q and 29R, as in 1
force immediately before the commencement day, continue to apply as if a 2
reference in those sections, other than section 29M, to the commission 3
were a reference to the chief executive acting on behalf of the State. 4
142 Application of Criminal Code, s 89 5
(1) This section applies to a person who, immediately before the 6
commencement day, was a public service employee, and a party to a 7
contract or agreement, mentioned in the repealed Act, section 30AA.26 8
(2) While the contract or agreement is in force, the person does not 9
commit an offence against the Criminal Code, section 8927 in relation to the 10
contract or agreement only because the person is a public service employee 11
and a party to the contract or agreement. 12
143 Standard fixed interest rate--the repealed Act, s 32AA 13
(1) This section applies if, immediately before the commencement day, 14
an interest rate applying to a loan agreement, contract of sale or other 15
agreement was-- 16
(a) the standard fixed interest rate in force under the repealed Act, 17
section 32AA (the "standard fixed rate") at a particular time; or 18
(b) a rate calculated by reference to the standard fixed rate at a 19
particular time. 20
(2) So far as the agreement provides for the application, at a time on or 21
after the commencement day, of the standard fixed rate in force at a time 22
before the commencement day, that rate continues to apply under the 23
agreement. 24
25
Example--
26
A loan agreement provides that interest is payable, for a stated period, at the standard
27
fixed rate in force on the day the agreement is entered into. From the commencement
28
day, that rate continues to apply for the remainder of the stated period, as agreed.
26 The repealed Act, section 30AA (Criminal Code does not apply in certain
circumstances)
27 Criminal Code, section 89 (Public officers interested in contracts)
s 144 67 s 144
Housing Bill 2003
(3) So far as the agreement provides for the application of the standard 1
fixed rate in force at a time on or after the commencement day, the standard 2
fixed rate is-- 3
(a) for a time before a standard fixed interest rate is declared under 4
section 92--the standard fixed rate in force immediately before 5
the commencement day; or 6
(b) for a time after a standard fixed interest rate is declared under 7
section 92--the standard fixed interest rate in force under that 8
section. 9
(4) This section does not prevent the parties to the agreement agreeing to 10
a different interest rate. 11
(5) In this section, a reference to the application of the standard fixed rate 12
includes the application of another rate calculated by reference to the 13
standard fixed rate. 14
144 Standard variable interest rate--the repealed Act, s 32AA 15
(1) This section applies if, immediately before the commencement day, 16
an interest rate applying to a loan agreement, contract of sale or other 17
agreement was-- 18
(a) the standard variable interest rate declared under the repealed 19
Act, section 32AA (the "standard variable rate") at a particular 20
time; or 21
(b) a rate calculated by reference to the standard variable rate at a 22
particular time. 23
(2) So far as the agreement provides for the application of the standard 24
variable rate in force at a time on or after the commencement day, the 25
standard variable rate is-- 26
(a) for a time before a standard variable interest rate is declared 27
under section 92--the standard variable rate in force 28
immediately before the commencement day; or 29
(b) for a time after a standard variable interest rate is declared under 30
section 92--the standard variable interest rate in force under that 31
section. 32
(3) This section does not prevent the parties to the agreement agreeing to 33
a different interest rate. 34
s 145 68 s 146
Housing Bill 2003
(4) In this section, a reference to the application of the standard variable 1
rate includes the application of another rate calculated by reference to the 2
standard variable rate. 3
145 Variable interest rate applying under the repealed Act, s 32AC 4
or 32A 5
(1) This section applies if, immediately before the commencement day, 6
an interest rate applying to an agreement was, under a repealed section, the 7
standard variable interest rate. 8
(2) From the commencement day, section 144 applies to the agreement 9
as if the agreement included a provision applying the standard variable 10
interest rate as in force from time to time. 11
(3) In this section-- 12
"repealed section" means the repealed Act, section 32AC or 32A.28 13
"standard variable interest rate" means the standard variable interest 14
rate declared under the repealed Act, section 32AA. 15
146 Continuing application of the repealed Act, s 33 16
(1) The repealed Act, section 33,29 as in force immediately before the 17
commencement day, continues to apply to a loan agreement, contract of 18
sale or other agreement to which that section applied immediately before 19
the commencement day as if a reference in the section to the Governor in 20
Council or the Minister were a reference to the chief executive. 21
(2) For subsection (1), an interest rate applying to an agreement under 22
the section that was decided or fixed by the Governor in Council or the 23
Minister before the commencement day is taken to have been decided or 24
fixed by the chief executive. 25
28 The repealed Act, section 32AC (Interest rates for advances under transferred
mortgages) or 32A (Interest rates payable by borrowers and purchasers in respect of
certain advances and contracts of sale)
29 The repealed Act, section 33 (Rate of interest payable by borrowers and purchasers
of homes)
s 147 69 s 149
Housing Bill 2003
147 Continuing application of the repealed Act, s 33A 1
The repealed Act, section 33A,30 as in force immediately before the 2
commencement day, continues to apply to a mortgage, held by the chief 3
executive on behalf of the State, to which that section applied immediately 4
before the commencement day. 5
148 Continuing application of the repealed Act, s 36 6
The repealed Act, section 36,31 as in force immediately before the 7
commencement day, continues to apply to a security for a loan to which 8
that section applied immediately before the commencement day. 9
149 Freeholding of leases over which mortgages held by the 10
chief executive 11
(1) This section applies to a freeholding lease that is-- 12
(a) in force under this Act, the Housing (Freeholding of Land) Act 13
1957 or the Land Act 1994; and 14
(b) subject to a mortgage in favour of the chief executive on behalf 15
of the State (the "chief executive's mortgage"). 16
(2) The chief executive may, at any time, pay the purchasing price and 17
any other fees or expenses required for the issuing of a deed of grant in 18
respect of the freeholding lease. 19
(3) If a payment under subsection (2) is made-- 20
(a) the lessee is taken to have fulfilled all the conditions of the 21
freeholding lease and any related contract of sale; and 22
(b) the amount of the payment is added to the amount owing under 23
the chief executive's mortgage. 24
(4) Subsections (2) and (3) apply despite any other Act. 25
(5) For subsection (1)(a), a lease issued under the repealed Act that is in 26
force is taken to be in force under this Act. 27
30 The repealed Act, section 33A (Priority of amounts added to principal under
mortgage)
31 The repealed Act, section 36 (Judgment of court not to affect security)
s 150 70 s 151
Housing Bill 2003
150 Land Act 1994 applies to deed of grant 1
A deed of grant issued under this Act is taken to have been issued under 2
the Land Act 1994. 3
151 Continuing application of schedule of repealed Act 4
(1) The schedule of the repealed Act, as in force immediately before the 5
commencement day, continues to apply in the way, and to the extent, stated 6
in this section, as if a reference in the schedule to the commission were a 7
reference to the chief executive acting on behalf of the State. 8
(2) Sections 12, 13, 15, 16 and 17 of the schedule32 continue to apply to a 9
loan made by the commission under the repealed Act that has not been 10
repaid, to the same extent the provisions applied to the loan immediately 11
before the commencement day. 12
(3) Section 18 of the schedule33 continues to apply to a loan made by the 13
commission under the repealed Act that has not been repaid, or a contract 14
or lease under the repealed Act that is still in force, to the same extent the 15
section applied to the loan, contract or lease immediately before the 16
commencement day. 17
(4) Sections 20 to 24 of the schedule34 continue to apply to a mortgage or 18
other security held by the chief executive on behalf of the State that was 19
held by the commission immediately before the commencement day, to the 20
same extent the sections applied to the mortgage or other security 21
immediately before the commencement day. 22
(5) Section 25 of the schedule35 continues to apply to a lease or 23
agreement to let a house, entered into under the repealed Act, section 26, 24
that is still in force. 25
32 The repealed Act, schedule, sections 12 (Repayment of advance for dwelling
houses), 13 (Prepayment of unpaid balance of advance), 15 (Remedies of the
commission), 16 (Power to capitalise arrears of interest) and 17 (In event of no
purchaser land to vest in commission)
33 The repealed Act, schedule, section 18 (Provisions for cases of hardship)
34 The repealed Act, schedule, sections 20 (Mortgagor to effect necessary repairs),
21 (Conditions annexed to land whilst subject to advances), 22 (Power to lease in
lieu of selling etc.), 23 (Abandoned dwelling houses) and 24 (Transfer of land)
35 The repealed Act, schedule, section 25 (Powers of commission as lessor)
s 152 71 s 153
Housing Bill 2003
152 Transitional regulation-making power 1
(1) A regulation (a "transitional regulation") may make provision 2
about a matter for which-- 3
(a) it is necessary to make provision to allow or facilitate the doing 4
of anything to achieve the transition from the operation of the 5
repealed Act to the operation of this Act; and 6
(b) this Act does not make provision or sufficient provision. 7
(2) A transitional regulation may have retrospective operation to a day 8
not earlier than the commencement day. 9
(3) A transitional regulation must declare it is a transitional regulation. 10
(4) This section and any transitional regulation expire 12 months after 11
the commencement day. 12
PART 11--AMENDMENT OF ACTS 13
153 Acts amended in sch 2 14
Schedule 2 amends the Acts mentioned in it. 15
72
Housing Bill 2003
SCHEDULE 1 1
AMENDMENT OF STATE HOUSING ACT 1945 2
section 109 3
1 Amendment of s 22B (Provision of land for industry, trade or 4
business) 5
(1) Section 22B, heading-- 6
omit. 7
(2) Section 22B(1), `If the commission satisfies the Governor in Council 8
that'-- 9
omit, insert-- 10
`If the chief executive is satisfied'. 11
(3) Section 22B(1), `commission'-- 12
omit, insert-- 13
`chief executive'. 14
(4) Section 22B(1), from `the Governor in Council may'-- 15
omit, insert-- 16
`the chief executive may set apart the land for the purposes of this 17
section.'. 18
(5) Section 22B(2), from `Where land' to `prescribed by'-- 19
omit, insert-- 20
`If land is set apart under'. 21
(6) Section 22B(2), `commission has satisfied the Governor in 22
Council'-- 23
omit, insert-- 24
`chief executive is satisfied'. 25
(7) Section 22B(2A) and (2B), `commission'-- 26
omit, insert-- 27
73
Housing Bill 2003
SCHEDULE 1 (continued)
`chief executive'. 1
(8) Section 22B(2B) and (2C), `Land Act'-- 2
omit, insert-- 3
`Land Act 1994'. 4
(9) Section 22B(3B)-- 5
omit. 6
(10) Section 22B(5), `For the purposes of subsection (4)'-- 7
omit, insert-- 8
`In this section'. 9
(11) Section 22B(5)-- 10
insert-- 11
` "chief executive (valuations)" means the chief executive of the 12
department in which the Valuation of Land Act 1944 is administered.'. 13
(12) Section 22B(7), from `In respect' to `subsection (3B)(b);'-- 14
omit, insert-- 15
`For a rental period mentioned in subsection (3A),'. 16
(13) Section 22B(8)(a), `subsection (2)(a)'-- 17
omit, insert-- 18
`subsection (2A)'. 19
(14) Section 22B(8)(b), `under subsection (9)'-- 20
omit. 21
(15) Section 22B(9) to (13)-- 22
omit, insert-- 23
`(9) Despite subsection (2B), the Land Act 1994, chapter 4, part 3, 24
division 3,36 does not apply to a lease of any of the land situated at Inala, 25
Brisbane, bounded by Inala Avenue, Kittyhawk Avenue, Wirraway Parade 26
and Corsair Avenue.'. 27
36 Land Act 1994, chapter 4 (Land holdings), part 3 (Leases), division 3 (Conversion of
tenure)
74
Housing Bill 2003
SCHEDULE 1 (continued)
(16) Section 22B(5)-- 1
renumber and relocate as section 22B(10). 2
(17) Section 22B, as amended-- 3
relocate to section 112 of this Act. 4
2 Amendment of s 24 (Power to commission to sell houses to eligible 5
persons) 6
(1) Section 24, heading-- 7
omit. 8
(2) Section 24(1) (2nd reference), (1AA), (1AB), (1A), (2), (3), (3A), 9
(3B), (3C), (3D), (3EA), (3EB), (4), (6), (6H), `commission'-- 10
omit, insert-- 11
`chief executive'. 12
(3) Section 24(1), from `Subject' to `under this part of this Act'-- 13
omit, insert-- 14
`The chief executive may sell to a person'. 15
(4) Section 24(1AB), from `between'-- 16
omit, insert-- 17
`with the purchaser, sell the house only and arrange for the grant to the 18
purchaser of a perpetual lease for residential purposes of the land.'. 19
(5) Section 24(1A), `, section 25'-- 20
omit. 21
(6) Section 24(2) and (5), `in pursuance of this part'-- 22
omit, insert-- 23
`under this section'. 24
(7) Section 24(6), from `perpetual town leases'-- 25
omit, insert-- 26
`perpetual leases for residential purposes.'. 27
75
Housing Bill 2003
SCHEDULE 1 (continued)
(8) Section 24(6C) to (6F)-- 1
omit. 2
(9) Section 24(6I), from `shall be'-- 3
omit, insert-- 4
`is taken to be a perpetual lease for residential purposes under the Land 5
Act 1994.'. 6
(10) Section 24(6J)-- 7
omit, insert-- 8
`(6J) The Land Act 1994 applies to a perpetual lease under this section 9
as if a reference in that Act to the Minister were a reference to the Minister 10
administering this Act.'. 11
(11) Section 24(6K) to (9)-- 12
omit. 13
(12) Section 24, as amended-- 14
relocate to section 113 of this Act. 15
76
Housing Bill 2003
SCHEDULE 2 1
AMENDMENT OF ACTS 2
section 153 3
DUTIES ACT 2001 4
1 Section 429-- 5
omit, insert-- 6
`429 Instruments and transactions under Housing Act 2003 7
`(1) Duty is not imposed on an instrument or transaction entered into or 8
made under the Housing Act 2003 by the housing chief executive on behalf 9
of the State. 10
`(2) However, subsection (1) does not apply to any of the following 11
transactions or an instrument entered into for the transaction-- 12
(a) the transfer or sale of a residence to a person, if a loan is made by 13
the housing chief executive on behalf of the State to enable the 14
person to purchase the residence, other than a mortgage given to 15
the housing chief executive for the loan or a release of the 16
mortgage; 17
(b) a transfer, grant of freehold title or grant of a perpetual lease for 18
residential purposes of land by the housing chief executive on 19
behalf of the State to a person to enable the person to build a 20
residence on the land, unless the consideration under the 21
instrument or for the transaction includes the future provision of 22
a housing service; 23
(c) a transfer of land by the housing chief executive on behalf of the 24
State if-- 25
(i) immediately before the transfer, the land was subject to a 26
lease to a person to enable the person to providing housing 27
for an employee of the person; and 28
(ii) the transferee is the lessee under the lease mentioned in 29
subparagraph (i) or a related person of the lessee. 30
77
Housing Bill 2003
SCHEDULE 2 (continued)
`(3) Subsection (2) does not make the housing chief executive or the 1
State liable to pay duty. 2
`(4) In this section-- 3
"housing chief executive" means the chief executive of the department in 4
which the Housing Act 2003 is administered. 5
"housing service" see the Housing Act 2003, section 8. 6
"residence" includes the land to which the building or part of the building 7
is fixed.'. 8
EVIDENCE ACT 1977 9
1 Section 57(1), `State Housing Act 1945'-- 10
omit, insert-- 11
`Housing Act 2003'. 12
INTEGRATED PLANNING ACT 1997 13
1 Section 5.6.2, definition "chief executive", `the State Housing Act 14
1945'-- 15
omit, insert-- 16
`the Housing Act 2003'. 17
78
Housing Bill 2003
SCHEDULE 2 (continued)
LAND ACT 1994 1
1 Schedule 6, definition "State housing lease"-- 2
omit, insert-- 3
` "State housing lease" means a lease in force under the Housing 4
(Freeholding of Land) Act 1957 or the Housing Act 2003, part 10.37'. 5
LOCAL GOVERNMENT ACT 1993 6
1 Schedule, definition "housing Act s 24 contract", after 7
`section 24,'-- 8
insert-- 9
`before the repeal of that Act,'. 10
PROPERTY AGENTS AND MOTOR DEALERS ACT 2000 11
1 Sections 31, 48 and 52-- 12
omit. 13
PROPERTY LAW ACT 1974 14
1 Section 77A(1)(b)(iv), `State'-- 15
omit. 16
37 Housing Act 2003, part 10 (Repeal, savings and transitional provisions)
79
Housing Bill 2003
SCHEDULE 2 (continued)
2 Section 123A, `State Housing'-- 1
omit, insert-- 2
`Housing'. 3
3 Schedule 6, definition "State Housing Act"-- 4
omit. 5
4 Schedule 6-- 6
insert-- 7
` "Housing Act" means the Housing Act 2003.'. 8
RESIDENTIAL SERVICES (ACCREDITATION) 9
ACT 2002 10
1 Section 4(5)(l), `or the Queensland Housing Commission'-- 11
omit. 12
2 Schedule 2, definition "housing department", `the State Housing 13
Act 1945'-- 14
omit, insert-- 15
`the Housing Act 2003'. 16
80
Housing Bill 2003
SCHEDULE 2 (continued)
RESIDENTIAL TENANCIES ACT 1994 1
1 Section 16(5), definition "authorising law", `or the State Housing 2
Act 1945'-- 3
omit, insert-- 4
`, the repealed State Housing Act 1945 or the Housing Act 2003'. 5
2 Section 53(7)-- 6
omit, insert-- 7
`(7) This section does not apply if the lessor is the chief executive of the 8
department in which the Housing Act 2003 is administered, acting on 9
behalf of the State.'. 10
STATE HOUSING (FREEHOLDING OF LAND) ACT 1957 11
1 Title, `State Housing Act 1945'-- 12
omit, insert-- 13
`Housing Act 2003'. 14
2 Section 1, `State'-- 15
omit. 16
3 Part 2, heading, `STATE HOUSING ACT 1945' 17
omit, insert-- 18
`HOUSING ACT 2003'. 19
81
Housing Bill 2003
SCHEDULE 2 (continued)
4 Section 3, `State Housing Act 1945'-- 1
omit, insert-- 2
`Housing Act 2003'. 3
5 After part 2, division 1 heading-- 4
insert-- 5
`3A Definitions for div 1 6
`In this division-- 7
"commencement day" means the day the amendments of this Act in the 8
Housing Act 2003, schedule 2, commence. 9
"freeholding lease" means a lease-- 10
(a) that was in force immediately before the commencement day; 11
and 12
(b) that was, before the commencement day, deemed under this 13
division to be a freeholding lease. 14
"repealed section 4" means section 4 of this Act as in force immediately 15
before the commencement day.'. 16
6 Section 4-- 17
omit, insert-- 18
`4 Transitional provision for applications under repealed s 4 19
`(1) This Act continues to apply to an application made to the 20
commission under repealed section 4 before the commencement day. 21
`(2) If anything relating to an application remains to be done by, or in 22
relation to, the commission under this Act, the thing must be done by, or in 23
relation to, the chief executive. 24
`(3) Subsection (2) does not limit the Housing Act 2003, sections 117 25
and 118.38'. 26
38 Housing Act 2003, sections 117 (State is the legal successor) and 118 (References to
commission)
82
Housing Bill 2003
SCHEDULE 2 (continued)
7 Section 5(1) and (2A), `section 4'-- 1
omit, insert-- 2
`repealed section 4'. 3
8 Section 5A(1), `section 4'-- 4
omit, insert-- 5
`repealed section 4'. 6
9 Section 6(4), `section 4'-- 7
omit, insert-- 8
`repealed section 4'. 9
10 Section 8(1)(a), `section 4'-- 10
omit, insert-- 11
`repealed section 4'. 12
11 Section 8(1)(f), before `State Housing Act 1945'-- 13
insert-- 14
`Housing Act 2003 or the repealed'. 15
12 Section 9(1)(a), (2)(a), (3)(b), (5) and (7), `commission'-- 16
omit, insert-- 17
`chief executive'. 18
13 Section 9(1)(b), (2)(b) and (4), `State Housing Act 1945'-- 19
omit, insert-- 20
`Housing Act 2003'. 21
83
Housing Bill 2003
SCHEDULE 2 (continued)
14 Section 9(5), `it'-- 1
omit, insert-- 2
`the chief executive'. 3
15 Section 10(2), `commission'-- 4
omit, insert-- 5
`chief executive'. 6
16 Section 10(4)-- 7
omit, insert-- 8
`(4) The deed of grant is issued subject to all the encumbrances to which 9
the lease was subject and in the same priorities.'. 10
17 Section 10(5), from `whether' to `Land Act'-- 11
omit, insert-- 12
`is taken to be issued under the Land Act 1994'. 13
18 Section 10A, heading, `1962'-- 14
omit, insert-- 15
`1994'. 16
19 Section 10A, from `provisions of the Land Act 1962' to 17
`commencement of that Act'-- 18
omit, insert-- 19
`Land Act 1994 applies'. 20
20 Section 10A(b), `commission'-- 21
omit, insert-- 22
`department in which this Act is administered'. 23
84
Housing Bill 2003
SCHEDULE 2 (continued)
21 After part 2, division 2 heading-- 1
insert-- 2
`10AA Definitions for div 2 3
`In this division-- 4
"commencement day" means the day the amendments of this Act in the 5
Housing Act 2003, schedule 2, commence. 6
"freeholding lease" means a lease-- 7
(a) that was in force immediately before the commencement day; 8
and 9
(b) that was, before the commencement day, deemed under this 10
division to be a freeholding lease. 11
"repealed section 10B" means section 10B of this Act as in force 12
immediately before the commencement day.'. 13
22 Section 10B-- 14
omit, insert-- 15
`10B Transitional provision for applications under repealed s 10B 16
`(1) This Act continues to apply to an application made to the 17
commission under repealed section 10B before the commencement day. 18
`(2) If anything relating to an application remains to be done by, or in 19
relation to, the commission under this Act, the thing must be done by, or in 20
relation to, the chief executive. 21
`(3) Subsection (2) does not limit the Housing Act 2003, sections 117 22
and 118.39'. 23
23 Section 10C(1) and (2A), `section 10B'-- 24
omit, insert-- 25
`repealed section 10B'. 26
39 Housing Act 2003, sections 117 (State is the legal successor) and 118 (References to
commission)
85
Housing Bill 2003
SCHEDULE 2 (continued)
24 Section 10E(4), `section 10B'-- 1
omit, insert-- 2
`repealed section 10B'. 3
25 Section 10G(f), before `State Housing 1945'-- 4
insert-- 5
`Housing Act 2003 or the repealed'. 6
26 Section 10H(2) and (4), `commission'-- 7
omit, insert-- 8
`chief executive'. 9
27 Section 10I(2), `commission'-- 10
omit, insert-- 11
`chief executive'. 12
28 Section 10J, heading, `1962'-- 13
omit, insert-- 14
`1994'. 15
29 Section 10J, from `provisions of the Land Act 1962' to 16
`adaptations apply'-- 17
omit, insert-- 18
`Land Act 1994 applies'. 19
30 Section 10J(b), `commission'-- 20
omit, insert-- 21
`department in which this Act is administered'. 22
86
Housing Bill 2003
SCHEDULE 2 (continued)
31 Schedule-- 1
omit. 2
VALUATION OF LAND ACT 1944 3
1 Section 9, heading-- 4
omit, insert-- 5
`Housing chief executive as owner'. 6
2 Section 9, `Queensland Housing Commission'-- 7
omit, insert-- 8
`housing chief executive'. 9
3 Section 9(a), `it under the State Housing Act 1945'-- 10
omit, insert-- 11
`the housing chief executive under the Housing Act 2003'. 12
4 Section 9-- 13
insert-- 14
`(2) In this section-- 15
"housing chief executive" means the chief executive of the department in 16
which the Housing Act 2003 is administered.'. 17
87
Housing Bill 2003
SCHEDULE 3 1
DICTIONARY 2
section 7 3
"Aboriginal Coordinating Council" means the Aboriginal Coordinating 4
Council under the Community Services (Aborigines) Act 1984. 5
"Aboriginal Council" means an Aboriginal Council under the Community 6
Services (Aborigines) Act 1984. 7
"approved form", for a purpose, means the form approved under 8
section 100 for the purpose. 9
"assistance agreement" see section 25. 10
"commencement day", for part 10, division 4, see section 114. 11
"commission", for part 10, division 4, see section 114. 12
"compliance notice" see section 35. 13
"confidential information", about a person, means information about the 14
person's affairs, but does not include-- 15
(a) statistical or other information that could not reasonably be 16
expected to result in the identification of the person; or 17
(b) information that is publicly available. 18
"departmental financial-institution account" means a departmental 19
financial-institution account established and kept for the department 20
under the Financial Administration and Audit Act 1977, section 18. 21
"executive officer", of a corporation or other entity, means a person who is 22
concerned with, or takes part in, the corporation's or entity's 23
management, whether the person is a director or a member of the 24
management committee, or the person's position is given the name of 25
executive officer. 26
"funded property", for part 5, see section 39. 27
"funded service" see section 22. 28
"housing service" see section 8. 29
88
Housing Bill 2003
SCHEDULE 3 (continued)
"housing service decision" means a decision of the chief executive or a 1
registered provider about providing a housing service, including a 2
decision about-- 3
(a) whether to give the service to a person; or 4
5
Example--
6
A decision about a person's eligibility for a loan to buy a house.
(b) the type and extent of the service; or 7
8
Example--
9
A decision, on an application by a person to rent a house, about the type of
10
house to rent to the person or the area in which a house is made available to
11
the person.
(c) how the service is to be provided; or 12
(d) the terms on which the service is to be provided. 13
14
Example--
15
A decision about the amount of rent payable.
"housing service information" see section 16. 16
"Island Coordinating Council" means the Island Coordinating Council 17
under the Community Services (Torres Strait) Act 1984. 18
"Island Council" means an Island Council under the Community Services 19
(Torres Strait) Act 1984. 20
"loan", for part 10, division 4, see section 114. 21
"nonprofit corporation" means a corporation that is-- 22
(a) formed for a purpose other than financial gain for its members; 23
and 24
(b) prohibited from distributing its profits or assets to its members 25
while it is a going concern or on winding up. 26
"notice" means written notice. 27
"obstruct" includes hinder, resist and attempt to obstruct. 28
"official", for part 8, division 1, see section 87. 29
"owner-occupied home loan" means a loan to an individual, secured 30
against a property that is the individual's place of residence. 31
89
Housing Bill 2003
SCHEDULE 3 (continued)
"portfolio property" means land held or administered by the chief 1
executive on behalf of the State for the purposes of this Act. 2
"prescribed requirement" means a requirement prescribed under 3
section 33. 4
"public housing" means housing directly provided by the State for 5
residential use. 6
"Queensland Housing Fund" means the fund continued under section 10. 7
"register" means the register kept under section 36. 8
"registered provider" means an entity registered under part 4. 9
"registration" means registration under part 4. 10
"relevant agreement", for part 5, see section 39. 11
"repealed Act" means the repealed State Housing Act 1945. 12
"residential tenancy agreement" see the Residential Tenancies Act 1994, 13
section 8. 14
"reviewable decision" means a decision mentioned in section 63. 15
© State of Queensland 2003
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