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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Aboriginal Housing Legislation Amendment
Bill 2009
CONTENTS
Part 1 -- Preliminary matters
1. Short title 2
2. Commencement 2
Part 2 -- Housing Act 1980 amended
3. Act amended 3
4. Section 4 amended 3
5. Section 5 amended 3
6. Section 12A replaced 3
12A. Joint ventures 3
7. Section 13 replaced 4
13. Delegation: powers and duties generally 4
8. Section 22 amended 5
9. Part VIIA inserted 6
Part VIIA -- Housing on Aboriginal land
Division 1 -- Preliminary matters
62A. Terms used 6
Division 2 -- Housing management agreements
62B. Authority may enter into housing
management agreement 7
62C. Wishes of Aboriginal inhabitants to be
ascertained 8
62D. Lots and houses to which housing
management agreement applies 8
62E. Rent for nominated lots and nominated
houses 9
62F. Other terms of housing management
agreement 9
62G. Application of Residential Tenancies
Act 1987 10
086--1 page i
Aboriginal Housing Legislation Amendment Bill 2009
Contents
62H. No interest in land created, property
acquired or compensation payable 11
62I. No fees or charges payable in respect of
housing management agreement 11
62J. Authority may act through agent 11
62K. Delegation: powers and duties in relation
to housing management agreement 12
Division 3 -- Miscellaneous matters
62L. Approval of Minister for Indigenous Affairs,
AAPA or ALT not required 13
62M. Application of Land Administration
Act 1997 14
Part 3 -- Aboriginal Affairs Planning
Authority Act 1972 amended
10. Act amended 15
11. Section 33A inserted 15
33A. Power to grant leases over Part III land 15
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Aboriginal Housing Legislation Amendment
Bill 2009
A Bill for
An Act to amend --
· the Housing Act 1980; and
· the Aboriginal Affairs Planning Authority Act 1972,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Aboriginal Housing Legislation Amendment Bill 2009
Part 1 Preliminary matters
s. 1
1 Part 1 -- Preliminary matters
2 1. Short title
3 This is the Aboriginal Housing Legislation Amendment
4 Act 2009.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
page 2
Aboriginal Housing Legislation Amendment Bill 2009
Housing Act 1980 amended Part 2
s. 3
1 Part 2 -- Housing Act 1980 amended
2 3. Act amended
3 This Part amends the Housing Act 1980.
4 4. Section 4 amended
5 In section 4:
6 (a) after paragraph (b) insert:
7
8 (ca) the letting and leasing of houses, the provision
9 of services relating to the letting and leasing of
10 houses and the entry into arrangements for the
11 provision of such services;
12
13 (b) in paragraph (d) after "encouragement of " insert:
14
15 and participation in
16
17 5. Section 5 amended
18 In section 5(1) insert in alphabetical order:
19
20 Crown land has the meaning given in the Land
21 Administration Act 1997 section 3(1);
22
23 6. Section 12A replaced
24 Delete section 12A and insert:
25
26 12A. Joint ventures
27 (1) To further the objects of this Act or the Government
28 Employees' Housing Act 1964, subject to
29 subsection (3), the Authority may enter into a joint
30 venture arrangement.
page 3
Aboriginal Housing Legislation Amendment Bill 2009
Part 2 Housing Act 1980 amended
s. 7
1 (2) Without limiting the powers that the Authority may
2 exercise under either of those Acts for the purposes of
3 participating in and giving effect to a joint venture
4 arrangement relating to a project, the Authority may --
5 (a) seek and maintain appropriate representation on
6 a board or other body having responsibility for
7 carrying out, managing or controlling the
8 project; and
9 (b) subject to any contract relating to the project --
10 (i) receive contributions or other moneys
11 relating to the project; and
12 (ii) disburse or distribute, or arrange for the
13 disbursement or distribution of, those
14 contributions or other moneys.
15 (3) The Authority can only enter into a joint venture
16 arrangement --
17 (a) with the approval of the Minister; and
18 (b) on terms and conditions approved by the
19 Treasurer.
20
21 7. Section 13 replaced
22 Delete section 13 and insert:
23
24 13. Delegation: powers and duties generally
25 (1) The Authority may delegate under this section to an
26 officer of the Authority --
27 (a) any power or duty of the Authority under this
28 Act, except a power or duty referred to in
29 section 62K(1); or
30 (b) any power or duty of the Authority under the
31 Government Employees' Housing Act 1964.
page 4
Aboriginal Housing Legislation Amendment Bill 2009
Housing Act 1980 amended Part 2
s. 8
1 (2) The delegation must be in writing executed by the
2 Authority.
3 (3) An officer to whom a power or duty is delegated under
4 this section cannot delegate that power or duty.
5 (4) An officer exercising or performing a power or duty
6 that has been delegated to the officer under this section
7 is taken to do so in accordance with the terms of the
8 delegation unless the contrary is shown.
9 (5) This section does not limit the ability of the Authority
10 to perform a function through an officer of the
11 Authority or an agent.
12
13 8. Section 22 amended
14 In section 22(1):
15 (a) delete "has power --" and insert:
16
17 has these powers --
18
19 (b) in paragraph (a) delete "any area in which land held by
20 the Authority is situated, and with the consent of the
21 Minister," and insert:
22
23 any land except Crown land not held by the
24 Authority and
25
26 (c) in paragraph (b) delete "with the consent of the
27 Minister,";
28 (d) in paragraph (b) delete "held by the Authority";
29 (e) in paragraph (d) delete "with the consent of the
30 Minister,";
page 5
Aboriginal Housing Legislation Amendment Bill 2009
Part 2 Housing Act 1980 amended
s. 9
1 (f) after paragraph (h) insert:
2
3 (ia) to arrange, effect or take out insurance in
4 connection with a matter referred to in
5 paragraphs (a) to (h);
6
7 9. Part VIIA inserted
8 After section 61 insert:
9
10 Part VIIA -- Housing on Aboriginal land
11 Division 1 -- Preliminary matters
12 62A. Terms used
13 In this Part --
14 AAPA means The Aboriginal Affairs Planning
15 Authority continued in existence under the AAPA Act
16 section 8(1);
17 AAPA Act means the Aboriginal Affairs Planning
18 Authority Act 1972;
19 Aboriginal entity means any of these entities --
20 (a) AAPA;
21 (b) ALT;
22 (c) a corporation registered under the Corporations
23 (Aboriginal and Torres Strait Islander)
24 Act 2006 (Commonwealth);
25 (d) an incorporated association under the
26 Associations Incorporation Act 1987 the
27 membership of which is wholly or principally
28 composed of persons of Aboriginal descent as
29 defined in the AAPA Act section 4;
page 6
Aboriginal Housing Legislation Amendment Bill 2009
Housing Act 1980 amended Part 2
s. 9
1 (e) an entity prescribed by the regulations for this
2 definition;
3 Aboriginal land means land over which an Aboriginal
4 entity has power to grant a lease;
5 ALT means the Aboriginal Lands Trust established by
6 the AAPA Act section 20(1);
7 housing management agreement means an agreement
8 entered into under section 62B(1);
9 lease includes a sublease;
10 nominated house, in relation to a housing management
11 agreement, has the meaning given in section 62D(2);
12 nominated lot, in relation to a housing management
13 agreement, has the meaning given in section 62D(1);
14 residential tenancy agreement has the meaning given
15 in the Residential Tenancies Act 1987 section 3.
16 Division 2 -- Housing management agreements
17 62B. Authority may enter into housing management
18 agreement
19 (1) The Authority may enter into a housing management
20 agreement in respect of Aboriginal land with an
21 Aboriginal entity.
22 (2) The purpose of a housing management agreement is to
23 enable the Authority to control and manage, on behalf
24 of the Aboriginal entity, the letting and leasing of
25 housing on the Aboriginal land.
26 (3) This Part does not require the Authority to enter into a
27 housing management agreement with an Aboriginal
28 entity.
page 7
Aboriginal Housing Legislation Amendment Bill 2009
Part 2 Housing Act 1980 amended
s. 9
1 62C. Wishes of Aboriginal inhabitants to be ascertained
2 The Authority cannot --
3 (a) enter into a housing management agreement; or
4 (b) list under section 62D a lot or house as a lot or
5 house in relation to which a housing
6 management agreement applies,
7 unless the Authority is satisfied that doing so would
8 accord with the wishes of the Aboriginal inhabitants of
9 the Aboriginal land to the extent those wishes can be
10 ascertained and are practicable.
11 62D. Lots and houses to which housing management
12 agreement applies
13 (1) A housing management agreement applies in relation
14 to a lot (a nominated lot) that is listed in the housing
15 management agreement for the period specified for the
16 lot in the housing management agreement.
17 (2) A housing management agreement applies in relation
18 to a house (a nominated house) that --
19 (a) is on a nominated lot; and
20 (b) is listed in the housing management agreement,
21 for the period specified for the house in the housing
22 management agreement.
23 (3) A housing management agreement must provide for
24 these matters --
25 (a) a lot to be added to, or removed from, the list
26 referred to in subsection (1);
27 (b) a house to be added to, or removed from, the
28 list referred to in subsection (2)(b);
29 (c) a period referred to in subsection (1) or (2) to
30 be varied.
page 8
Aboriginal Housing Legislation Amendment Bill 2009
Housing Act 1980 amended Part 2
s. 9
1 62E. Rent for nominated lots and nominated houses
2 (1) In this section --
3 rent has the meaning given in the Residential
4 Tenancies Act 1987 section 3.
5 (2) Rent for the let or lease of a nominated lot or
6 nominated house is payable to the Authority.
7 (3) The amount of rent payable is the amount determined
8 by the Authority and approved by the Minister.
9 (4) A determination under subsection (3) may provide for
10 all or any of these matters --
11 (a) the payment of different rents in respect of
12 different nominated lots or nominated houses or
13 different classes of nominated lots or
14 nominated houses;
15 (b) the payment of different rents by tenants of
16 different classes;
17 (c) the allowance of rebates in the circumstances
18 and subject to the conditions specified in the
19 determination.
20 62F. Other terms of housing management agreement
21 A housing management agreement must provide for
22 these matters --
23 (a) the Authority to determine, subject to this Part
24 and the Residential Tenancies Act 1987 as
25 applied by section 62G(1), the terms of a
26 residential tenancy agreement in respect of a
27 nominated lot or nominated house;
28 (b) the Authority to decide, having regard to the
29 wishes of the Aboriginal inhabitants of the
30 Aboriginal land to the extent those wishes can
31 be ascertained and are practicable, to whom a
page 9
Aboriginal Housing Legislation Amendment Bill 2009
Part 2 Housing Act 1980 amended
s. 9
1 nominated lot or nominated house can be let or
2 leased;
3 (c) the Authority to execute, on behalf of the
4 Aboriginal entity as lessor, a residential tenancy
5 agreement in respect of a nominated lot or
6 nominated house;
7 (d) the period for which the housing management
8 agreement has effect;
9 (e) the early termination of the housing
10 management agreement;
11 (f) the variation of the housing management
12 agreement, but only if the parties to the
13 agreement agree to the variation;
14 (g) the effect of early termination or variation of
15 the housing management agreement on a
16 residential tenancy agreement executed by the
17 Authority under the housing management
18 agreement;
19 (h) any other matters prescribed by the regulations
20 for this section.
21 62G. Application of Residential Tenancies Act 1987
22 (1) Subject to this Part and the housing management
23 agreement, the Residential Tenancies Act 1987 applies
24 in relation to the let or lease of a nominated lot or
25 nominated house as if --
26 (a) the nominated lot or nominated house were
27 residential premises as defined in section 3 of
28 that Act; and
29 (b) the Authority were the owner, as defined in
30 section 3 of that Act, of those premises.
31 (2) However, the Authority is not to be treated as the
32 owner of a nominated lot or nominated house for any
33 other purpose.
page 10
Aboriginal Housing Legislation Amendment Bill 2009
Housing Act 1980 amended Part 2
s. 9
1 62H. No interest in land created, property acquired or
2 compensation payable
3 (1) A housing management agreement does not create any
4 interest in Aboriginal land in favour of the Authority.
5 (2) A housing management agreement is not an acquisition
6 of property.
7 (3) Compensation is not payable under any written law to
8 an Aboriginal entity or other person because --
9 (a) an Aboriginal entity enters into a housing
10 management agreement; or
11 (b) the Authority does anything that it is required
12 or permitted to do under a housing management
13 agreement.
14 62I. No fees or charges payable in respect of housing
15 management agreement
16 A party to a housing management agreement cannot
17 require the payment of a fee or charge for --
18 (a) entering into the housing management
19 agreement; or
20 (b) doing anything that the party is required or
21 permitted to do under the housing management
22 agreement.
23 62J. Authority may act through agent
24 (1) The Authority may enter into an agreement (an agency
25 agreement) with a person or body under which the
26 person or body is authorised to exercise as the
27 Authority's agent all or any of the powers conferred on
28 the Authority under a housing management agreement.
29 (2) The powers conferred on the Authority's agent under
30 the agency agreement are exercisable by the
31 Authority's agent in accordance with this Act, the
page 11
Aboriginal Housing Legislation Amendment Bill 2009
Part 2 Housing Act 1980 amended
s. 9
1 housing management agreement and the agency
2 agreement.
3 (3) The agency agreement may provide for the payment of
4 a fee by the Authority to the Authority's agent or
5 another person for anything that the Authority's agent
6 is required or permitted to do under the agency
7 agreement.
8 62K. Delegation: powers and duties in relation to housing
9 management agreement
10 (1) The Authority may delegate under this section to an
11 officer of the Authority any power or duty of the
12 Authority under any of these provisions --
13 (a) another provision of this Division;
14 (b) a provision of a housing management
15 agreement;
16 (c) a provision of a residential tenancy agreement
17 in respect of a nominated lot or nominated
18 house;
19 (d) a provision of the Residential Tenancies
20 Act 1987 as applied by section 62G(1).
21 (2) The delegation must be in writing executed by the
22 Authority.
23 (3) An officer to whom a power or duty is delegated under
24 this section cannot delegate that power or duty.
25 (4) An officer exercising or performing a power or duty
26 that has been delegated to the officer under this section
27 is taken to do so in accordance with the terms of the
28 delegation unless the contrary is shown.
29 (5) This section does not limit the ability of the Authority
30 to perform a function through an officer of the
31 Authority or an agent.
page 12
Aboriginal Housing Legislation Amendment Bill 2009
Housing Act 1980 amended Part 2
s. 9
1 Division 3 -- Miscellaneous matters
2 62L. Approval of Minister for Indigenous Affairs, AAPA
3 or ALT not required
4 (1) In this section --
5 Minister for Indigenous Affairs means the Minister to
6 whom the administration of the AAPA Act is
7 committed.
8 (2) Subsection (3) applies despite --
9 (a) the AAPA Act and any other written law; and
10 (b) the terms and conditions of the grant of any
11 interest, licence, right, title or estate under any
12 written law by --
13 (i) the Minister for Indigenous Affairs; or
14 (ii) AAPA; or
15 (iii) ALT.
16 (3) The prior approval or consent of the Minister for
17 Indigenous Affairs, AAPA or ALT is not required for a
18 person --
19 (a) to enter into --
20 (i) a housing management agreement; or
21 (ii) a residential tenancy agreement in
22 respect of a nominated lot or nominated
23 house;
24 or
25 (b) to do anything the person is required or
26 permitted to do under an agreement referred to
27 in paragraph (a).
page 13
Aboriginal Housing Legislation Amendment Bill 2009
Part 2 Housing Act 1980 amended
s. 9
1 62M. Application of Land Administration Act 1997
2 (1) In this section --
3 reserved Aboriginal land means Aboriginal land that is
4 Crown land reserved for the purpose of the use and
5 benefit of Aboriginal inhabitants (however that purpose
6 is described).
7 (2) This Part does not affect the application of the Land
8 Administration Act 1997 in relation to Aboriginal land
9 that is Crown land.
10 (3) To avoid doubt, it is declared that the letting and
11 leasing of housing on reserved Aboriginal land is, and
12 always has been, consistent with the purpose for which
13 that land is reserved.
14
page 14
Aboriginal Housing Legislation Amendment Bill 2009
Aboriginal Affairs Planning Authority Act 1972 amended Part 3
s. 10
1 Part 3 -- Aboriginal Affairs Planning Authority
2 Act 1972 amended
3 10. Act amended
4 This Part amends the Aboriginal Affairs Planning Authority
5 Act 1972.
6 11. Section 33A inserted
7 At the end of Part III insert:
8
9 33A. Power to grant leases over Part III land
10 (1) To avoid doubt, it is declared that the Authority has,
11 and has always had, power to grant a lease over land
12 whenever vested in the Authority under section 27.
13 (2) To avoid doubt, it is declared that the powers delegated
14 to the Trust by a proclamation whenever made under
15 section 24 in respect of land to which this Part applies
16 include, and have always included, power to grant a
17 lease over that land unless the proclamation expressly
18 excludes that power.
19
20
page 15
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