Victorian Consolidated Legislation

HOUSING ACT 1983

No. 10020 of 1983
Version incorporating amendments as at 28 September 2007

TABLE OF PROVISIONS

           Section Page

   PART I-PRELIMINARY

           Division 1-Commencement, repeals, interpretations

   1.      Short title
   2.      Commencement
   3.      Repeals and savings
   4.      Definitions
   5.      Act binds the Crown

           Division 2-Objects

   6.      Objects

   PART II-ADMINISTRATION

           Division 1-The Minister

   7.      Minister to have powers etc. under agreement
   8.      Advisory committees

           Division 2-The Director of Housing

   9.      Director of Housing
   10.     Director to be subject to the direction and control of Minister
   11.     Director to be successor to Housing Commission and Home Finance Trust
   12.     Repealed

   PART III-POWERS OF DIRECTOR AS TO PROPERTY

   13.     Ministerial control
   14.     Power to acquire and dispose of land
   15.     Power to develop and manage land
   16.     Power to create and extinguish easements etc.
   17.     Power to accept donations etc.
   18.     Provision of movable units

   PART IV-POWERS OF THE DIRECTOR AS TO FINANCE

           Division 1-General

   19.     Ministerial control
   20.     Power to borrow money
   21.     Power to lend money
   22.     Investment of surplus funds
   23.     Death and disability benefits
   24.     Power to make grants of money
   25.     The general fund
   26.     Repealed
   26A.    Guarantee and indemnity by Director
   27.     Preparation of annual budgets by Director
   28.     Repealed

           Division 2-Commonwealth-State-Northern Territory Housing Agreements

   28A.    Definitions
   29.     Ratification of Commonwealth-State-Northern Territory Housing Agreement 1981.
   29A.    Ratification of 1984 Agreement
   30.     Director appointed agent for performance of Agreement
   31.     Payment of money to Director

   PART V-GENERAL

           Division 1-Other powers of Director

   32.     Ministerial control
   33.     Director may enter into agreements
   34.     Agreements with municipal councils, regional housing councils and non-trading co-operative
   35.     Delegation
   36.     Parking of vehicles
   36A.    Insurance

           Division 2-Enforcement and miscellaneous provisions

   37.     Execution of documents
   38.     Improper interest in contracts
   39.     Personal liability of officers
   40.     Giving false information
   41.     Offences
   42.     Directions as to prosecutions
   43.     Service of documents
   44.     Presumptions
   45.     Jurisdiction of courts

   PART VI-Repealed

           46-61. Repealed

   PART VII-STANDARDS OF HABITATION

   62.     Definitions
           63-66. Repealed
   67.     Alterations or demolition of house by Council
   68.     Council may give notice requiring house to be and to remain unoccupied or requiring the occupier to vacate house
   68A.    Revocation of declaration
           69, 70. Repealed
   71.     Powers of entry
   71A.    Repealed
   72.     Incorporation of Schedule 6.

   PART VIII-THE REGISTRAR AND RENTAL HOUSING AGENCIES

           Division 1-Introductory

   73.     Object of Part

           Division 2-The Registrar of Housing Agencies

   74.     The Registrar of Housing Agencies
   75.     Term and conditions of appointment
   76.     Termination of appointment
   77.     Acting Registrar of Housing Agencies
   78.     Creation of Registrar as body corporate
   79.     Functions of Registrar
   80.     Registrar to be subject to direction and control of Minister

           Division 3-Registration of rental housing agencies

   81.     Application for registration
   82.     Approval for other functions
   83.     Further information
   84.     Registration
   85.     Category of registration
   86.     Refusal of registration
   87.     Change of category of registration
   88.     Application for review

           Division 4-Register of Housing Agencies

   89.     Establishment of Register
   90.     What information is to be included in the Register?
   91.     Changes to information recorded in the Register
   92.     Searches of the Register

           Division 5-Duties and functions of registered agencies
           Subdivision 1-Performance standards

   93.     Performance standards
   94.     What can performance standards provide for?
   95.     Registered agency to comply with performance standards
           Subdivision 2-Dispute resolution
   96.     Application to complaints
   97.     Registered agency to establish complaints procedure
   98.     Referral of complaints to Registrar
   99.     Investigation of complaint
   100.    Direction of Registrar
   101.    Application for review
           Subdivision 3-Changes to constitution, rules or functions of registered agency
   102.    Change to constitution or rules of agency
   103.    Approval of changes to functions of registered agency
           Subdivision 4-Reports by registered agency
   104.    Reports by registered agency
   105.    Annual reports
   106.    Declarations by registered agency

           Division 6-Powers of Director in relation to registered agency
           land

   107.    Director to have interest in certain registered agency land
   108.    Registered agency to notify Director of acquisition
   109.    Consent of Director required to transfer interest in land
   110.    Interest may be recorded on title
   111.    Interest of Director to remain even if agency ceases to be registered agency

           Division 7-Monitoring of registered agencies

   112.    Registrar of Housing Agencies is an inspector
   113.    Appointment of inspectors
   114.    Inspector's identity card
   115.    Production of identity card
   116.    Inspectors may require certain persons to appear, answer questions and produce documents
   117.    Inspector's powers of entry
   118.    Search warrant
   119.    Announcement before entry
   120.    Details of warrant to be given to occupier
   121.    Seizure of documents or things not mentioned in the warrant
   122.    Power of inspector to require information or documents
   123.    Functions of inspectors in relation to relevant documents
   124.    Offence-failing to comply with requirements of inspector
   125.    Protection from incrimination
   126.    Privilege
   127.    Report on investigation
   128.    Secrecy

           Division 8-Powers of Registrar

   129.    Displacement of other laws
   130.    When powers of Registrar may be exercised
   131.    Registrar may recommend appointments to governing body of registered agency
   132.    Registrar may give instructions to registered agency
   133.    Duties of administrator
   134.    Agency to notify Registrar of intention to wind up
   135.    Registrar may indemnify certain persons
   136.    Registrar may provide financial accommodation to registered agency
   137.    Financial powers of Registrar
   138.    Delegation by Registrar
   139.    Application for review
   140.    Application for enforcement

           Division 9-Revocation of registration

   141.    Revocation of registration
   142.    Application for review

   PART IX-REGULATIONS

   143.    Regulations

   PART X-TRANSITIONAL

   144.    Power to terminate existing leases
   145.    Saving of housing finance provisions
           __________________
           SCHEDULE 1-Amendments and Repeals
           SCHEDULE 2-Provisions with Respect to Property

   PART I-ACQUISITION AND DISPOSAL OF LAND
   1. Application of Land Acquisition and Compensation
   Act 1986.
   2. Governor in Council empowered to grant Crown land to
   Director
   3. Municipalities and public statutory corporations empowered
   to grant land to Director
   4. Covenants
   5. Sale of land to be subject to Housing Agreements
   6. Power of Director to grant loans to purchasers
   7. Power of Director to write off outstanding rent

   PART II-EASEMENTS, CLOSURE OF STREETS, &C.
   8. Procedure to be followed in extinguishing easements etc.
   9. Registrar of Titles to make all necessary endorsements etc.
   10. Land closed by Order

   PART III-DONATIONS, &C.
   11. Orders in Council with respect to property held on trust
   12. Donation deemed to be permanent work or undertaking

   PART IV-MOVABLE UNITS
   13. Instruments Act 1958, Part VI not to apply
   14. Exemption from stamp duty
   15. Presence of movable units not to affect rating
   16. Provisions as to law of real property
           SCHEDULE 3-The Commonwealth-State-Northern Territory Housing Agreement 1981.
           SCHEDULE 3A.
           SCHEDULE 4-Previous Agreements
   1. Identification of earlier Agreements
   2. Accounts to be kept by Treasurer
   3. Application of money received under Agreements
   4. Appropriation from Consolidated Fund for repayment to Commonwealth
   5. Repayment of money to Consolidated Fund
           SCHEDULE 5-Parking of Vehicles on Land of the Director
           1. Definitions
           2. Parking areas and control of parking
           3. Persons entitled to park in a parking area to have their vehicles listed
           4. Parking offences
           5. Parking offence notices and penalties
           6. Fund into which money recovered is to be paid
           7. Evidence of ownership of motor cars
           8. Vehicles unregistered, abandoned or illegally parked may be removed and sold in certain circumstances
           9. Immunity of Director from suit
           SCHEDULE 6-Standards of Habitation
           1. Lodging of certificates of charge on land with Registrar of
           Titles
           2. Registration of certificate on title
           3. Enforcement of charge in County Court
           4. Force and effect of decree or order of County Court
           5. Repealed
           6. Lodging of copy of declaration with Registrar of Titles
           7. Recovery of money owing by owner by attachment of rent payable by occupier
           8. Provisions as to owners who are trustees
           SCHEDULE 7-Registration of Rental Housing Agencies
           1. General
           2. Constitution-objects and powers
           3. Constitution-additional provisions
           4. Capacity to meet performance standards
           SCHEDULE 8-Register of Housing Agencies

   PART 1-INFORMATION TO BE INCLUDED IN REGISTER
   1. Incorporation details
   2. Business details
   3. Assets
   4. Registration particulars

   PART 2-INFORMATION TO BE MADE AVAILABLE TO
   THE PUBLIC
           SCHEDULE 9-Rental Housing Co-operatives
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details