Queensland Consolidated Acts

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Housing Act 2003


TABLE OF PROVISIONS

           Contents

           Part 1--Preliminary

           Division 1--Introduction

   1.      Short title
   2.      Commencement

           Division 2--Application, objects and guiding principles

   3.      Act binds all persons
   4.      Main objects
   5.      How the objects are to be primarily achieved
   6.      Guiding principles

           Division 3--Interpretation

   7.      Definitions
   8.      Key concepts

           Division 4--Queensland Housing Fund

   10.     Queensland Housing Fund

           Part 2--Chief executive's functions and powers

           Division 1--Functions

   11.     Functions

           Division 2--Powers

   12.     General powers
   13.     Power to make loans and investments
   14.     Waiver of amounts owed
   15.     Powers not limited

           Part 3--Obligations relating to social housing services

           Division 1--Giving information to the chief executive or funded provider

   16.     Housing service information
   17.     False or misleading information
   18.     Notice of changes in information

           Division 2--Other matters

   19.     Unauthorised use or subletting of rental accommodation

           Part 4--Funding

           Division 1--Preliminary

   21.     Meaning of funding and funded provider
   22.     Only particular providers eligible to receive funding to deliver social housing services

           Division 2--Providing funding

   23.     Types of funding that may be provided
   24.     Purpose of funding
   25.     Funding agreement
   26.     Demand for repayment of unexpended amounts
   27.     No entitlement to funding

           Division 3--Compliance with prescribed requirements

   33.     Prescribed requirements
   34.     Funded provider must comply with prescribed requirements
   35.     Compliance notice

           Part 4A--Community housing providers

           Division 1--Preliminary

   36.     Objects of this part
   36A.    Meaning of primary jurisdiction
   36B.    Extraterritorial operation of pt 4A
   36C.    Chief executive declared to be housing agency

           Division 2--Registrar

   36D.    Appointment
   36E.    Independence of registrar
   36F.    Functions of registrar
   36G.    Powers of registrar
   36H.    Registrar must comply with guidelines
   36I.    Registrar not personally liable
   36J.    Delegation of registrar's functions or powers

           Division 3--Registration

   37.     Registers established
   37A.    Information on register
   37B.    Application for registration or variation of registration
   37C.    Deciding application
   37D.    Conditions of registration
   37E.    Additional standard conditions for national providers
   37F.    Individual occupier of residential premises
   37G.    Cancellation of registration
   37H.    Community housing assets to be transferred if registration cancelled

           Division 4--Enforcement powers of registrar

   38.     Registrar may take action
   38A.    Notice of noncompliance
   38B.    Binding instructions to rectify noncompliance
   38C.    Notice of intent to cancel registration
   38D.    Statutory managers
   38E.    Other matters relating to performance of a function or exercise of a power by statutory manager
   38F.    Displacement provisions
   38G.    No compensation payable by State

           Division 5--Miscellaneous

   38H.    Disclosure of information

           Part 5--Appointment of interim manager for particular funded providers

           Division 1--Preliminary

   39.     Definitions for pt 5

           Division 2--Appointment

   40.     Appointment
   41.     Basis for appointment
   42.     Suitability of proposed appointee
   43.     Terms of appointment
   44.     Notice about appointment
   45.     Initial period of appointment
   46.     Variation of appointment
   47.     Ending of appointment

           Division 3--Function and powers

   48.     Application of div 3
   49.     Function
   50.     Power to act on funded ancillary provider's behalf in relation to a relevant agreement
   51.     Power to demand rental payments
   52.     Other powers
   53.     Limitation on powers under instrument of appointment
   54.     Production of instrument of appointment for inspection
   55.     Obstruction

           Division 4--Other matters

   56.     Access to information or documents
   57.     Confidentiality
   58.     Remuneration
   59.     Funded ancillary provider liable for remuneration and other costs
   60.     Accounts and reports
   62.     Compensation

           Part 6--Review of decisions

   63.     Reviewable decisions
   64.     Notice of reviewable decision
   65.     Application for review
   66.     Stay of operation of reviewable decision
   67.     Review decision

           Part 7--Information gathering and enforcement

           Division 1--Matters for which powers may be exercised

   68.     Exercise of powers only for certain matters

           Division 2--Authorised officers

   69.     Appointment and qualifications
   70.     Appointment conditions and limit on powers
   71.     When authorised officer stops holding office
   72.     Resignation
   73.     Issue of identity card
   74.     Return of identity card
   75.     Production or display of identity card

           Division 3--Powers of authorised officers

   76.     Non-application to certain residences
   77.     Power to enter a place
   78.     Entry with consent
   79.     General powers after entering a place
   80.     Failure to help authorised officer

           Division 4--Other powers

   81.     Power to require information or documents
   81A.    Registrar may require attendance

           Division 5--Miscellaneous

   82.     Self-incrimination
   83.     Compensation
   84.     Obstructing an authorised officer
   85.     Impersonation of an authorised officer
   86.     Duty of confidentiality

           Part 8--Miscellaneous

           Division 1--Offences

   87.     Meaning of official
   88.     False or misleading statements
   89.     False or misleading documents
   90.     Responsibility for acts or omissions of representatives

           Division 2--Interest rates for owner-occupied home loans

   92.     Standard interest rates
   93.     Lower interest rate in special circumstances
   94.     Other ways of setting rates not limited

           Division 2A--Confidentiality

   94A.    Definitions for div 2A
   94B.    Immunity for disclosure of particular confidential information
   94C.    Prohibition on disclosure of confidential information the subject of the Ambulance Service Act 1991, s 49A
   94D.    Prohibition on disclosure of confidential information the subject of the Child Protection Act 1999, s 188
   94E.    Prohibition on disclosure of confidential information the subject of the Corrective Services Act 2006, s 341

           Division 2B--Development of public housing premises

   94F.    Definitions for div 2B
   94G.    Development of public housing premises
   94H.    Transfer of public housing premises

           Division 3--Other matters

   95.     Exemption from rating
   96.     Loans to enable conduct of residential services
   97.     Application of Criminal Code, s 89
   98.     Acquisition of land
   99.     Advisory committees
   99A.    Delegation by Minister or chief executive
   99B.    Acts applying to delegates and sub-delegates
   100.    Approved forms
   101.    Regulation-making power

           Part 9--Legal proceedings

           Division 1--Evidence

   102.    Application of div 1
   103.    Appointments and authority
   104.    Signatures
   105.    Other evidentiary aids

           Division 2--Offence proceedings

   106.    Summary proceedings for offences
   107.    Statement of complainant's knowledge
   108.    False or misleading information or statements

           Part 10--Repeal, savings and transitional provisions

           Division 2--Repeal of State Housing Act 1945

   110.    Repeal

           Division 3--Saved provisions from repealed Act

   111.    Explanation
   112.    Provision of land for industry, trade or business
   113.    Chief executive's power to sell houses to eligible persons

           Division 4--Other savings and transitional provisions

   114.    Definitions for div 4
   115.    References to repealed Act
   116.    Dissolution of the commission
   117.    State is the legal successor
   118.    References to commission
   119.    Commission's assets and liabilities
   120.    Waiver of amounts owed
   121.    Lower interest rate
   122.    Officers and employees of the commission
   123.    Agreement with the commission
   124.    Proceeding to which the commission was a party
   125.    Proceeding not yet started by or against the commission
   126.    Application to the commission
   127.    Registration of entity that is a party to a continuing agreement
   128.    Land set apart under the repealed Act, s 18
   129.    Lease under the repealed Act, s 22B
   130.    Loan to which the repealed Act, s 23A(8)(b) and (c) applied
   131.    Reservation registered over a lot under the repealed Act, s 23B
   132.    Sale under the repealed Act, s 24
   133.    Freeholding lease under the repealed Act, s 24
   134.    Other lease under the repealed Act, s 24
   135.    Sale, lease or arrangements under the repealed Act, s 24A
   136.    Lease to which the repealed Act, s 24C applied
   137.    Application of the repealed Act, s 25 and schedule
   138.    Continuing application of the repealed Act, s 26D
   139.    Approved housing institutions advances account
   140.    Loan under the repealed Act, pt 6A
   141.    Continuing application of the repealed Act, pt 6C
   142.    Application of Criminal Code, s 89
   143.    Standard fixed interest rate—the repealed Act, s 32AA
   144.    Standard variable interest rate—the repealed Act, s 32AA
   145.    Variable interest rate applying under the repealed Act, s 32AC or 32A
   146.    Continuing application of the repealed Act, s 33
   147.    Continuing application of the repealed Act, s 33A
   148.    Continuing application of the repealed Act, s 36
   149.    Freeholding of leases over which mortgages held by the chief executive
   150.    Deed of grant to be issued under Land Act 1994
   151.    Continuing application of schedule of repealed Act

           Division 5--Provision for Housing and Other Acts Amendment Act 2005

   152.    Commencement of certain provisions

           Division 6--Transitional provisions for Housing Legislation Amendment Act 2005

   153.    Lease under s 113
   154.    Lease under the repealed Act, s 24A
   155.    Delegation by Minister of powers under Land Act 1994

           Division 7--Transitional provisions for Housing and Other Legislation Amendment Act 2013
           Subdivision 1--Interpretation

   156.    Definitions for div 7
           Subdivision 2--Other registered providers
   157.    Existing registration of other registered providers is cancelled
           Subdivision 3--Accommodation providers
   158.    Accommodation providers capable of registration under pt 4A
   159.    Transitional arrangements for particular accommodation providers mentioned in s 158
   160.    Cancellation of registration etc.
   161.    Accommodation providers not capable of registration under pt 4A
   162.    Transitional arrangements for particular accommodation providers mentioned in s 161
   163.    Cancellation of registration etc.
           Subdivision 4--Other provisions
   164.    Existing application under former s 28
   165.    Existing application for cancellation of registration
   166.    Existing notice of proposed cancellation of registration
   167.    Existing appointment of interim manager continues
   168.    Review of decision to appoint interim manager
   169.    No registration under former s 127
   170.    References in Acts and documents
           SCHEDULE 1--NATIONAL REGULATORY CODE
           1. Tenant and housing services
           2. Housing assets
           3. Community engagement
           4. Governance
           5. Probity
           6. Management
           7. Financial viability
           SCHEDULE 2--CONDITIONS OF REGISTRATION APPLYING TO EACH REGISTERED PROVIDER
           1. Compliance with national regulatory code
           2. Transfer of community housing asset
           3. Provision of information relating to registered provider's functions
           4. Provision of document or information relating to registered provider's affairs
           5. Attendance at meeting with registrar to answer questions
           6. Allowing inspection of premises or records
           7. List of community housing assets

           SCHEDULE 3--PARTICULAR CONDITIONS APPLYING TO REGISTRATION OF NATIONAL PROVIDERS OR STATE PROVIDERS

           Part 1--Conditions applying to registration of national providers
           1. Compliance with corresponding law
           2. Constitution to provide for transfer of national community housing assets on winding-up
           3. Provision of information to registrar of another participating jurisdiction
           4. Attendance at meeting with registrar of another participating jurisdiction to answer questions
           5. Allowing registrar of another participating jurisdiction to inspect premises or records
           6. Requirement to notify registrar of particular events

           Part 2--Condition applying to registration of state providers
           7. State provider to provide community housing service in this jurisdiction
           SCHEDULE 4--DICTIONARY


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