Community Housing Providers National Law (ACT) Act 2013 (ACT)

Community Housing Providers National Law (ACT) Act 2013   

A2013-18

Republication No 2

Effective:  2 July 2016

Republication date: 2 July 2016

Act not amended

(republication for expiry of transitional provisions (pt 5))

About this republication

The republished law

This is a republication of the Community Housing Providers National Law (ACT) Act 2013 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 2 July 2016.  It also includes any commencement, repeal or expiry affecting this republished law. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

Community Housing Providers National Law (ACT) Act 2013

Contents

Page

Part 1      Preliminary

1            Name of Act  2

3            Dictionary  2

4            Terms used in Community Housing Providers National Law (ACT)         2

5            Notes  2

6            Objects of Act  3

Part 2      Application of Community Housing Providers National Law

7           Application of Community Housing Providers National Law                  4

8            Meaning of certain terms  5

9            Housing agency  5

10          Relevant Minister  5

11          Registrar  5

12          Delegation of registrar’s functions  6

13          Application of Legislation Act  6

14          Determination of fees  6

15          Approved forms  7

Part 3      Miscellaneous

16          Regulation-making power  8

Dictionary9

Endnotes

1            About the endnotes  10

2            Abbreviation key  10

3            Legislation history  11

4            Amendment history  11

5            Earlier republications  12

6            Expired transitional or validating provisions  12

Community Housing Providers National Law (ACT) Act 2013

An Act to apply a national law about the registration and regulation of community housing providers, and for other purposes

Part 1Preliminary

1. Name of Act

   This Act is the Community Housing Providers National Law (ACT) Act 2013.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act.

   Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Terms used in Community Housing Providers National Law (ACT)

   Terms used in this Act and also in the Community Housing Providers National Law (ACT) have the same meaning in this Act as they have in that Law.

   NoteA definition in an Act applies except so far as the contrary intention appears (see Legislation Act, s 155).

4. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

5. Objects of Act

   The objects of this Act are to—

   (a)apply as a territory law a national law for the registration and regulation of community housing providers under a national system of registration; and

   (b)facilitate investment in the community housing sector and ensure the protection of that investment; and

   (c)ensure that registered community housing is developed as a viable and diversified component of the ACT social housing sector; and

   (d)support the provision of registered community housing for people on a very low, low or moderate income.

Part 2Application of Community Housing Providers National Law

1. Application of Community Housing Providers National Law

   (1)Subject to this section, the Community Housing Providers National Law, as in force from time to time, set out in the appendix to the NSW Act (other than the Law, section 24 (No compensation payable by State))—

   (a)applies as a territory law; and

   (b)as so applying may be referred to as the Community Housing Providers National Law (ACT); and

   (c)so applies as if it were part of this Act.

   (2)A law that amends the Community Housing Providers National Law set out in the appendix to the NSW Act that is passed by the New South Wales Parliament after this Act’s notification day must be presented to the Legislative Assembly not later than 6 sitting days after the day it is passed.

   (3)The amending law may be disallowed by the Legislative Assembly in the same way, and within the same period, that a disallowable instrument may be disallowed.

   NoteSee the Legislation Act, s 65 (Disallowance by resolution of Assembly).

   (4)If the amending law is not presented to the Legislative Assembly in accordance with subsection (2), or is disallowed under subsection (3), the Community Housing Providers National Law applying under subsection (1) is taken—

   (a)not to include the amendments made by the amending law; and

   (b)to include any provision repealed or amended by the amending law as if the amending law had not been made.

   (5)In this section:

   NSW Act means the Community Housing Providers (Adoption of National Law) Act 2012 (NSW).

   NoteThe NSW Act is accessible at >

   Meaning of certain terms

   In the Community Housing Providers National Law (ACT):

   Appeal Tribunal means the ACAT.

   this jurisdiction means the ACT.

2. Housing agency

   For the definition of Housing Agency in the Community Housing Providers National Law (ACT), section 4 (1)—

   (a)the housing commissioner or another Territory entity is a Housing Agency for the definition of community housing asset in the Law, section 4 (1); and

   (b)the housing commissioner is a Housing Agency for any other provision of the Law.

3. Relevant Minister

   For the definition of relevant Minister in the Community Housing Providers National Law (ACT), section 4 (1), the Minister responsible for administering this Act is the relevant Minister.

4. Registrar

   For the Community Housing Providers National Law (ACT), section 9 (2), the director-general is the Registrar.

5. Delegation of registrar’s functions

   For the Community Housing Providers National Law (ACT), section 11 (1) (b), a public servant is a declared person.

6. Application of Legislation Act

   (1)The Legislation Act does not apply to the Community Housing Providers National Law (ACT).

   NoteA reference to the Law includes a reference to the statutory instruments made or in force under the Law (see Legislation Act, s 104).

   (2)Subsection (1) does not limit the application of the Legislation Act to this Act.

7. Determination of fees

   (1)The Minister may determine fees for the Community Housing Providers National Law (ACT), section 13 (4) as if the Law were an Act.

   Note The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).

   (2)A determination is a disallowable instrument.

   NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

8. Approved forms

   (1)The Registrar may approve forms for the Community Housing Providers National Law (ACT), section 13 (4) as if the Law were an Act.

   (2)If the Registrar approves a form for a particular purpose, the approved form must be used for that purpose.

   NoteFor other provisions about forms, see the Legislation Act, s 255.

   (3)An approved form is a notifiable instrument.

   NoteA notifiable instrument must be notified under the Legislation Act.

Part 3Miscellaneous

1. Regulation-making power

   The Executive may make regulations for this Act.

   NoteA regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     ACAT

·     ACT

·     director-general (see s 163)

·     entity

·     housing commissioner

·     Minister (see s 162)

·     public servant

·     territory law.

Community Housing Providers National Law (ACT) means the provisions applying because of section 7.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Community Housing Providers National Law (ACT) Act 2013

   
   

   A2013-18

   notified LR 23 May 2013
   s 1, s 2 commenced 23 May 2013 (LA s 75 (1))
   remainder commenced 1 January 2014 (s 2 and CN2013-10)

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Consequential amendments

   pt 4 hdgom LA s 89 (3)

   Legislation amended—sch 1

   s 17om LA s 89 (3)

   Transitional

   pt 5 hdgexp 1 July 2016 (s 20)

   Affordable and community housing providers registered under repealed part 4A

   s 18exp 1 July 2016 (s 20)

   Transitional regulations

   s 19exp 1 July 2016 (s 20)

   Expiry—pt 5

   s 20exp 1 July 2016 (s 20)

   Consequential amendments

   sch 1om LA s 89 (3)

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 1 Jan 2014	1 Jan 2014 1 July 2016	not amended	new Act

1. Expired transitional or validating provisions

   This Act may be affected by transitional or validating provisions that have expired.  The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).

   Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.

   To find the expired provisions see the version of this Act before the expiry took effect.  The ACT legislation register has point-in-time versions of this Act.