HOUSING ACT 2003 - As at 5 July 2023 - Act 52 of 2003
- As at 5 July 2023
- Act 52 of 2003
Table of Provisions
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
Division 4 - Queensland Housing Fund
- 10 Queensland Housing Fund
PART 2 - CHIEF EXECUTIVE’S FUNCTIONS AND POWERS
Division 1 - Functions
Division 2 - Powers
- 12 General powers
- 13 Power to make loans and investments
- 14 Waiver of amounts owed
- 15 Powers not limited
Division 1 - Giving information to the chief executive or funded provider
Division 2 - Other matters
- 19 Unauthorised use or subletting of rental accommodation
PART 4 - FUNDING
Division 1 - Preliminary
20. (Repealed)
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
28. (Repealed)
29. (Repealed)
30. (Repealed)
31. (Repealed)
32. (Repealed)
Division 3 - Compliance with prescribed requirements
- 33 Prescribed requirements
- 34 Funded provider must comply with prescribed requirements
- 35 Compliance notice
Division 5 - (Repealed)
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
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
61. (Repealed)
- 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
91. (Repealed)
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
Division 2B - Development of public housing premises
Division 2C - Charitable donation deeds
- 94I Definitions for division
- 94J When existence of charitable donation deeds must be recorded on titles
- 94K When records of existence of charitable donation deeds must be removed from titles
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
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
- 171 Application of amended s 156, def relevant property
