Housing Act 1983 (Vic)

Version No. 082

Housing Act 1983

No. 10020 of 1983

Version incorporating amendments as at

6 August 2025

TABLE OF PROVISIONS

Section  Page

Part I—Preliminary

Division 1—Commencement, repeals, interpretations

1Short title

2Commencement

3Repeals and savings

4Definitions

5Act binds the Crown

Division 2—Objects

6Objects

Part II—Administration

Division 1—The Minister

7Minister to have powers etc. under agreement

8Advisory committees

Division 2—The Chief Executive Officer, Homes Victoria

9Chief Executive Officer, Homes Victoria

10Homes Victoria to be subject to the direction and control of Minister

11Director to be successor to Housing Commission and Home Finance Trust

Division 3—Homes Victoria Advisory Board

11AHomes Victoria Advisory Board

11BConstitution of Advisory Board

11CRole and functions of Advisory Board

11DAppointment of Advisory Board members

11EVacancy and removal from Advisory Board

11FResignation

11GMeetings of Advisory Board

11HAdvisory Board must provide forward plan to Minister

Part III—Powers of Homes Victoria as to property

13Ministerial control

14Power to acquire and dispose of land

15Power to develop and manage land

16Power to create and extinguish easements etc.

17Power to accept donations etc.

18Provision of movable units

Part IV—Powers of Homes Victoria as to finance

Division 1—General

19Ministerial control

20Power to borrow money

21Power to lend money

22Investment of surplus funds

23Death and disability benefits

24Power to make grants of money

25The general fund

26Project funds

26AGuarantee, indemnity and security by Homes Victoria

27Preparation of annual budgets by Homes Victoria

Division 2—Commonwealth–State–Northern Territory Housing Agreements

28ADefinitions

29Ratification of Commonwealth–State–Northern Territory Housing Agreement 1981

29ARatification of 1984 Agreement

30Homes Victoria appointed agent for performance of Agreement

31Payment of money to Homes Victoria

Part V—General

Division 1—Other powers of Homes Victoria

32Ministerial control

32AHomes Victoria may enter into joint ventures etc.

32BPowers of Homes Victoria subsidiaries

33Homes Victoria may enter into agreements

34Agreements with municipal councils, regional housing councils and non-trading co‑operative

35Delegation

36Parking of vehicles

36AInsurance

Division 2—Enforcement and miscellaneous provisions

37Execution of documents

38Improper interest in contracts

39Personal liability of officers

40Giving false information

41Offences

42Directions as to prosecutions

43Service of documents

44Presumptions

45Jurisdiction of courts

Part VII—Standards of habitation

62Definitions

67Alterations or demolition of house by Council

68Council may give notice requiring house to be and to remain unoccupied or requiring the occupier to vacate house

68ARevocation of declaration^,

71Powers of entry

72Incorporation of Schedule 6

Part VIII—The Registrar and rental housing agencies

Division 1—Introductory

73Object of Part

Division 2—The Registrar of Housing Agencies

74The Registrar of Housing Agencies

75Term and conditions of appointment

76Termination of appointment

77Acting Registrar of Housing Agencies

78Creation of Registrar as body corporate

79Functions of Registrar

80Registrar to be subject to direction and control of Minister

Division 3—Registration of rental housing agencies

81Application for registration

82Approval for other functions

83Further information

84Registration

85Category of registration

86Refusal of registration

87Change of category of registration

88Application for review

Division 4—Register of Housing Agencies

89Establishment of Register

90What information is to be included in the Register?

91Changes to information recorded in the Register

92Searches of the Register

Division 5—Duties and functions of registered agencies

Subdivision 1—Performance standards

93Performance standards

94What can performance standards provide for?

95Registered agency to comply with performance standards

Subdivision 2—Dispute resolution

96Application to complaints

97Registered agency to establish complaints procedure

98Referral of complaints to Registrar

99Investigation of complaint

100Direction of Registrar

101Application for review

Subdivision 3—Changes to constitution, rules or functions of registered agency

102Change to constitution or rules of agency

103Approval of changes to functions of registered agency

Subdivision 4—Reports by registered agency

104Reports by registered agency

105Annual reports

106Declarations by registered agency

Division 6—Powers of Homes Victoria in relation to registered agency land

107Homes Victoria to have interest in certain registered agency land

108Registered agency to notify Homes Victoria of acquisition

109Consent of Homes Victoria required to transfer interest in land

110Interest may be recorded on title

111Interest of Homes Victoria to remain even if agency ceases to be registered agency

Division 7—Monitoring of registered agencies

112Registrar of Housing Agencies is an inspector

113Appointment of inspectors

114Inspector's identity card

115Production of identity card

116Inspectors may require certain persons to appear, answer questions and produce documents

117Inspector's powers of entry

118Search warrant

119Announcement before entry

120Details of warrant to be given to occupier

121Seizure of documents or things not mentioned in the warrant

122Power of inspector to require information or documents

123Functions of inspectors in relation to relevant documents

124Offence—failing to comply with requirements of inspector

125Protection from incrimination

126Privilege

127Report on investigation

128Secrecy

Division 8—Powers of Registrar

129Displacement of other laws

130When powers of Registrar may be exercised

131Registrar may recommend appointments to governing body of registered agency

132Registrar may give instructions to registered agency

133Duties of administrator

134Agency to notify Registrar of intention to wind up

135Registrar may indemnify certain persons

136Registrar may provide financial accommodation to registered agency

137Financial powers of Registrar

138Delegation by Registrar

139Application for review

140Application for enforcement

Division 9—Revocation of registration

141Revocation of registration

142Application for review

Part VIIIA—Social housing

Division 1—Victorian Housing Register

142AEstablishment of Victorian Housing Register

142BForm of Victorian Housing Register

142CWhat information is to be included in the Victorian Housing Register?

142DChanges to information recorded in the Victorian Housing Register

142EDeterminations made by Homes Victoria

142FWhat is a participating designated service provider or participating registered agency?

142GAuthorisation to access the Victorian Housing Register

142HAccess to the Victorian Housing Register

Division 2—Information sharing

142IDefinitions

142JCollection, use and disclosure of relevant information permitted in certain circumstances

Part VIIIB—Victorian Affordable Housing Programs

142JAVAHP declaration

142JBHomes Victoria may make VAHP determination

142JCHomes Victoria powers and functions regarding Victorian Affordable Housing Programs

Part IX—Regulations

143Regulations

Part X—Transitional

144Power to terminate existing leases

145Saving of housing finance provisions

146Advisory Board

147Amendment of Land Titles Register

148Construction of references to Director of Housing

149Change of names

Schedules

Schedule 1—Amendments and repeals

Schedule 2—Provisions with respect to property

Schedule 3—The Commonwealth–State–Northern Territory Housing Agreement 1981

Schedule 3A—Agreement between the Commonwealth of Australia, the States and the Northern Territory relating to housing (1984‑1993)

Schedule 4—Previous agreements

Schedule 5—Parking of vehicles on land of Homes Victoria

Schedule 6—Standards of habitation

Schedule 7—Registration of rental housing agencies—registration criteria

Schedule 8—Register of Housing Agencies

Schedule 9—Rental housing co-operatives

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 082

Housing Act 1983

No. 10020 of 1983

Version incorporating amendments as at

6 August 2025

An Act to modernize housing law, to improve housing administration in Victoria, to repeal the Housing Act 1958 and the Home Finance Act 1962 and certain other Acts, to make consequential amendments to various Acts and for other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

PART I—PRELIMINARY

Division 1—Commencement, repeals, interpretations

1Short title

This Act may be cited as the Housing Act 1983.

2Commencement

This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

3Repeals and savings

(1)The Acts mentioned in Schedule 1 to the extent thereby expressed to be amended or repealed are hereby amended or repealed accordingly.

(2)Except as in this Act expressly or by necessary implication provided all persons, things and circumstances appointed done or created by or under any Act which is amended or repealed by this Act or existing or continuing under any such Act immediately before the commencement of this Act shall be under and subject to this Act continue to have the same status, operation and effect as they would have had if this Act had not been enacted.

4Definitions

(1)In this Act unless inconsistent with the context or subject-matter—

Advisory Board means the Homes Victoria Advisory Board established under section 11A;

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applicant (other than in Schedule 3) means an individual who applies for, or has entered into, a tenancy in social housing;

authorised person means—

(a)a person authorised by Homes Victoria under section 142G to access the Victorian Housing Register; and

(b)a person belonging to a class of person authorised by Homes Victoria under section 142G to access the Victorian Housing Register;

building includes a structure or a part of a structure;

Chair means the Chair of the Advisory Board appointed under section 11D;

Chief Executive Officer, Homes Victoria means the person referred to in section 9(1) as the Chief Executive Officer, Homes Victoria;

Commonwealth means Commonwealth of Australia;

construct, in relation to a building, includes—

(a)build, re-build, erect or re-erect the building;

(b)make structural alterations to the building;

(c)enlarge or extend the building; and

(d)place or re-locate the building on land;

co-operative has the same meaning that it has in the Co‑operatives National Law (Victoria);

Department means the Department of Families, Fairness and Housing established under the Public Administration Act 2004;

designated service provider means an agency, a body or a person providing services under any of the following for the purposes of assisting disadvantaged individuals to access social housing—

(a)a State contract or any other contract

or agreement between the agency,

body or person and Homes Victoria, the Department or any other Department of the State;

(b)a contract or agreement between

the agency, body or person and a Department of the Commonwealth;

development in relation to land, means—

(a)the construction or demolition of a building on the land;

(b)the carrying out of works in, on, over or under the land;

(c)the making of a change in the use of the land;

(d)the division of the land into two or more parts each capable of being separately occupied, used or disposed of or the resubdivision of land into different parts each capable of being separately occupied, used or disposed of;

(e)the redevelopment of the land;

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eligible applicant means an applicant who meets the eligibility criteria for a tenancy in social housing;

eligibility criteria means the criteria determined by Homes Victoria under section 142E(1)(a);

general fund means the fund established under section 25;

governing body, in relation to a registered agency, means—

(a)the board of directors of the registered agency; or

(b)the committee of management of the registered agency; or

(c)any other body responsible for the management of the registered agency;

Government agency means—

(a)the Crown;

(b)a Government Department;

(c)a public authority;

(d)Homes Victoria;

(e)a municipal council;

health information has the same meaning that it has in the Health Records Act 2001;

hirer means a person who enters into a hiring agreement with Homes Victoria;

hiring agreement means an agreement entered into under section 18(1) for the hiring by any person of a movable unit from Homes Victoria;

Homes Victoria means the body corporate established under section 9(2);

Homes Victoria development project means a project—

(a)to be carried out by or on behalf of Homes Victoria to develop, operate, manage or maintain property for the purposes of this Act; and

(b)that has been approved in writing by the Minister;

Homes Victoria subsidiary—see section 32A(a);

house means any building (whether temporary or permanent) or any part of a building which is or at any time has been used or is intended to be used as a dwelling and includes—

(a)a flat;

(b)any out-buildings, fences and other appurtenances to a house or flat;

(c)any house to be erected or in the course of erection; and

(d)any land on which the house is situated or is to be erected or is in the course of erection;

household member, of an applicant, means an individual who resides, or intends to reside, with the applicant in social housing;

incorporated association means an association incorporated under the Associations Incorporation Reform Act 2012;

inspector, in Part VIII, means—

(a)the Registrar of Housing Agencies; or

(b)an inspector appointed under that Part;

land includes buildings and other structures, land covered with water and any interest (including any leasehold interest), easement or right in or over land;

member, in relation to the Advisory Board, means a member of the Advisory Board appointed under section 11D;

movable unit means a house capable of being transferred from place to place;

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non-profit body means—

(a)a corporation limited by shares or by guarantee that by its constitution is prohibited from carrying on its business for profit; or

(b)a body that—

(i)is not carried on for the purposes of profit or gain to its individual members; and

(ii)is, by its constitution or rules, prohibited from making any distribution, whether in money, property or otherwise, to its members—

but does not include a Government agency;

owner means the person for the time being entitled to receive the rent of the land in connexion with which the word is used (whether on that person's own account or as the agent of or as trustee for any other person) or who would be entitled to receive the rent if the land were let at a rent;

participating designated service provider means a designated service provider that is declared by Homes Victoria under section 142F(2)(a) to be a participating designated service provider;

participating registered agency means a registered agency that is declared by Homes Victoria under section 142F(2)(b) to be a participating registered agency;

performance standards, in Part VIII, means performance standards determined under that Part;

personal details, of an applicant or a household member of an applicant, has the meaning given by section 142C(2);

personal information has the same meaning that it has in the Privacy and Data Protection Act 2014;

police officer has the same meaning that it has in the Victoria Police Act 2013;

prescribed means prescribed by the regulations;

prescribed registration criteria, in Part VIII, means—

(a)the criteria set out in Schedule 7; and

(b)any other registration criteria prescribed by the regulations for the purposes of Part VIII;

priority category means a category determined by Homes Victoria under section 142E(1)(b);

project fund means a fund established under section 26;

public housing means non-profit housing in the public sector, other than under the Victorian Affordable Housing Programs;

registered agency means a registered housing association or a registered housing provider;

registered housing association means a rental housing agency registered as a registered housing association under Part VIII;

registered housing provider means a rental housing agency registered as a registered housing provider under Part VIII;

Registrar means the body corporate established under Part VIII;

Registrar of Housing Agencies means the Registrar of Housing Agencies appointed under Part VIII;

relevant documents in Part VIII, means records or other documents, however compiled, recorded or stored, that relate to the incorporation and management of a registered agency, including accounts, accounting records, and documents relating to transactions, dealings, business or property of the registered agency;

relevant information (other than in section 90) has the meaning given by section 142I;

relevant person has the meaning given by section 142I;

rental housing agency means—

(a)a corporation limited by shares or by guarantee that is a non-profit body and that provides or is established to provide rental housing; or

(b)an incorporated association or non‑trading co-operative that is a non‑profit body and that provides or is established to provide rental housing;

sale includes any contract of sale subject to terms as to the repayment of purchase moneys over time;

Secretary means the Secretary to the Department;

sensitive information has the same meaning that it has in the Privacy and Data Protection Act 2014;

social housing means the following housing (other than under the Victorian Affordable Housing Programs)—

(a)public housing;

(b)housing owned, controlled or managed by a participating registered agency;

State contract has the same meaning that it has in the Privacy and Data Protection Act 2014;

street includes any street, road, lane, footway, square, court, alley, or right-of-way, whether a thoroughfare or not;

Treasurer means Treasurer of Victoria;

unique identifier has the same meaning that it has in the Privacy and Data Protection Act 2014;

VAHP declaration means a declaration under section 142JA;

VAHP determination means a determination under section 142JB;

vehicle means a conveyance designed to be propelled or drawn by any means;

Victorian Affordable Housing Programs means the affordable housing programs under Part VIIIB;

Victorian Housing Register

means the register

of applicants established and administered under section 142A;

works means any operation carried out in, on, over or under land and, without limiting the generality of the foregoing, includes the construction of streets, the setting apart of any land for gardens, parks, open spaces or places of recreation and any alteration made to the natural condition or topography of land.

(2)Where a word or phrase is given a particular meaning in this Act, other parts of speech and grammatical forms of that word or phrase have, unless the contrary intention appears, corresponding meanings.

(3)In this Act—

(a)a reference to a function includes a reference to a power, authority and duty; and

(b)a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

5Act binds the Crown

This Act binds the Crown, not only in right of the State of Victoria but also, so far as the legislative power of Parliament permits, the Crown in all other capacities.

Division 2—Objects

6Objects

(1)The objects of this Act are—

(a)to ensure that every person in Victoria has adequate and appropriate housing at a price within his or her means by encouraging—

(i)the provision of well maintained public housing of suitable quality and location;

(ia)the participation of non-profit bodies in the provision of well maintained, affordable rental housing of suitable quality and location;

(ii)the distribution, according to need, of Government housing financial assistance;

(iii)the promotion of the orderly planning, assembly and development of land;

(b)to expand and develop the role of the public sector in the provision of housing;

(c)to promote cost effectiveness in the provision of housing;

(d)to promote the integration of public and private housing;

(e)to provide in the public sector a variety of housing types in various locations;

(ea)to provide a regulatory framework to encourage the development of rental housing agencies serving the housing needs of low-income tenants by providing for the registration of those rental housing agencies and the regulation and monitoring of registered agencies;

(f)to promote security and variety of tenure;

(g)to seek the participation of tenants and other community groups in the management of public housing and non-distributing co‑operatives engaged in the provision of rental housing to their members;

(h)to promote consultation on major housing policy issues with all persons and groups of persons involved in housing;

(i)to monitor the house building and housing finance industries in both the public and private sectors and to assist those industries to achieve growth and stability;

(j)to co-ordinate the provision of all necessary community services and amenities ancillary to public housing;

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(l)to maximize employment opportunities in the housing sectors;

(m)to give due regard to the environmental impact of the activities of the public housing sector;

(n)to provide a safe and satisfying work environment for persons employed in the public housing sector; and

(o)to promote public awareness of the role and functions of the public housing sector.

(2)It is the intention of the Parliament that the provisions of this Act shall be interpreted so as to further the objects set out in subsection (1) and that every power, authority, discretion, jurisdiction and duty conferred or imposed by this Act shall be exercised and performed so as by design and intent to promote and achieve those objects.

PART II—ADMINISTRATION

Division 1—The Minister

7Minister to have powers etc. under agreement

The Minister shall have the powers, authorities, functions and discretions and be subject to the duties conferred or imposed on the Minister by or under any agreement between the Commonwealth, the States and the Northern Territory of Australia relating to housing that is in force in respect of the State of Victoria.

8Advisory committees

(1)The Minister may establish committees (in this section referred to as "advisory committees") consisting of such numbers of persons as the Minister thinks fit to advise the Minister on such matters as the Minister refers to the committees.

(2)The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of an advisory committee in respect of the office of member.

(3)The Minister may at any time remove any member of an advisory committee from office.

(4)A member of an advisory committee may at any time resign that office in writing addressed to the Minister.

(5)Subject to subsection (6), the Minister shall determine the terms and conditions of the appointment of each member of an advisory committee.

(6)Each member shall receive such salary and allowance (if any) as may be determined from time to time for statutory appointees by the Governor in Council.

Division 2—The Chief Executive Officer, Homes Victoria

9Chief Executive Officer, Homes Victoria

(1)There shall be a Chief Executive Officer, Homes Victoria to whom the following provisions shall apply—

(a)the Chief Executive Officer, Homes Victoria—

(i)shall be appointed by the Governor in Council and may at any time be removed from office by the Governor in Council;

(ii)is in respect of that office subject to the Public Administration Act 2004 (other than Part 3 of that Act);

(iii)subject to this Act, shall be entitled to hold office for the term (not exceeding seven years) for which he or she is appointed but shall be eligible for re‑appointment; and

(iv)shall hold office on such terms and conditions and be entitled to receive such salary and allowances as are from time to time fixed by the Governor in Council.

(b)where a person who is not an employee in the public service within the meaning of the Public Administration Act 2004 is appointed as Chief Executive Officer, Homes Victoria, a term or condition fixed by the Governor in Council under subsection (1)(a)(iv) may provide that—

(i)where that person is removed from office prior to the expiration of the term of appointment, he or she shall be entitled—

(A)to such compensation as is specified in the term or condition; or

(B)notwithstanding anything in the Public Administration Act 2004, to be employed in some position in the public service with such designation as is specified in the term or condition;

(ii)where that person is not appointed to a further term at the expiration of the term of appointment, he or she shall be entitled, despite anything in the Public Administration Act 2004, to be employed in some position in the public service with such designation as is specified in the term or condition;

(c)the Chief Executive Officer, Homes Victoria shall not, during his or her continuance in office, engage directly or indirectly in any paid employment outside the duties of that office without the consent of the Governor in Council;

(d)the Chief Executive Officer, Homes Victoria may resign that office by writing under his or her hand addressed to the Governor in Council;

(e)the office of Chief Executive Officer, Homes Victoria shall become vacant if the Chief Executive Officer, Homes Victoria becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, or compounds with his or her creditors or makes an assignment of remuneration for their benefit; and

(f)if the Chief Executive Officer, Homes Victoria was immediately prior to appointment an officer within the meaning of the StateSuperannuation Act 1988 or any corresponding previous enactment, he or she shall, notwithstanding that appointment, be deemed to continue to be an officer within the meaning of, and subject to, that Act.

(2)The Chief Executive Officer, Homes Victoria and the Chief Executive Officer's successors in office shall, subject to this Act, be a body corporate under the name of "Homes Victoria" and shall, by that name, have perpetual succession and a corporate seal and be capable in law of suing and being sued and of acquiring, holding and disposing of real and personal property and of doing and suffering all such acts and things as bodies corporate may by law do and suffer and that are necessary for or incidental to the purposes of this Act.

(2A)Homes Victoria consists of the Chief Executive Officer, Homes Victoria.

(3)For the purposes of this Act, Homes Victoria shall have and may exercise the powers, discretions, functions and authorities and shall discharge the duties conferred or imposed on it by or under this or any other Act.

(3A)The Minister, by direction published in the Government Gazette, may—

(a)confer functions on Homes Victoria; and

(b)vary the functions of Homes Victoria.

(4)Homes Victoria shall not, for the purposes of any Act, be regarded as representing the Crown in any capacity whatsoever.

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10Homes Victoria to be subject to the direction and control of Minister

(1)In the exercise of the powers, discretions, functions and authorities and in the discharge of the duties conferred or imposed upon Homes Victoria by or under this or any other Act, Homes Victoria shall be subject to the direction and control of the Minister.

(2)Homes Victoria shall furnish the Minister with such reports, documents, papers, minutes and other information as may be required by Parliament pursuant to any Act or pursuant to any order of either House of Parliament.

(3)Homes Victoria shall also provide the Minister with regular reports on all business of Homes Victoria and shall furnish the Minister with any information which the Minister may require.

11Director to be successor to Housing Commission and Home Finance Trust

(1)In this section—

(a)appointed day means the day on which this Act comes into operation;

(b)Commission means the Housing Commission established by the Housing Act 1958; and

(c)Trust means the Home Finance Trust constituted under the Home Finance Act 1962.

(2)On the appointed day—

(a)all rights, property and assets that, immediately before that day, were vested in the Commission or the Trust are, by force of this subsection, vested in the Director;

(b)all debts, liabilities and obligations of the Commission or the Trust existing immediately before that day, become, by force of this subsection, debts, liabilities and obligations of the Director;

(c)the Director shall, by force of this subsection, be substituted as a party to any proceedings pending in any court to which the Commission or the Trust was a party immediately before that day;

(d)the Director shall, by force of this subsection, be substituted as a party to any arrangement or contract entered into by or on behalf of the Commission or the Trust as a party and in force immediately before that day; and

(e)any reference to the Commission or the Trust in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document whatsoever shall, so far as it relates to any period after that day and if not inconsistent with the context or subject-matter, be construed as a reference to the Director.

Division 3—Homes Victoria Advisory Board

11AHomes Victoria Advisory Board

(1)The Homes Victoria Advisory Board is established.

(2)The Advisory Board must consist of no fewer than 5 members and no more than 11 members.

11BConstitution of Advisory Board

The Advisory Board consists of—

(a)a Chair; and

(b)any other member appointed in accordance with this Division.

11CRole and functions of Advisory Board

The role of the Advisory Board is to provide the Minister and the Chief Executive Officer, Homes Victoria with strategic advice in relation to the following—

(a)the long-term strategic direction of Homes Victoria, maximising outcomes from State housing properties, deployment of housing support services and key policy reforms;

(b)the financial performance and stability of Homes Victoria;

(c)strategic risks and opportunities and approaches to social housing and affordable housing;

(d)the corporate plan and performance indicators of Homes Victoria;

(e)any other matter referred to the Advisory Board by the Minister.

11DAppointment of Advisory Board members

(1)The Minister, by instrument, may appoint the Chair and any other member of the Advisory Board.

(2)In appointing members of the Advisory Board, the Minister must have regard to—

(a)the mix of knowledge, skills and experience of members of the Advisory Board, including those pertaining to—

(i)social housing and affordable housing; and

(ii)construction, property and infrastructure development; and

(iii)finance, audit and risk; and

(iv)community sector leadership and management; and

(v)architecture and planning; and

(b)the diversity of members of the Advisory Board, including gender, disability and sexuality.

(3)In appointing members of the Advisory Board, the Minister must ensure that Aboriginal persons are represented.

(4)The appointment of a member of the Advisory Board under subsection (1)—

(a)is for a term, not exceeding 2 years, specified in the instrument of appointment; and

(b)is on the terms and conditions that are specified in the instrument of appointment.

(5)Subject to a performance assessment by the Minister, the Chair of the Advisory Board is eligible to be reappointed for a maximum of 3 consecutive 2 year terms.

(6)Subject to a performance assessment by the Chair and on the approval of the Minister, a member of the Advisory Board, other than the Chair, is eligible to be reappointed for a maximum of 3 consecutive 2 year terms.

11EVacancy and removal from Advisory Board

The Minister may remove a member from the Advisory Board.

11FResignation

A member of the Advisory Board may resign by notice in writing delivered to the Minister.

11GMeetings of Advisory Board

(1)Meetings of the Advisory Board must be held at the time and places and conducted in the form the Advisory Board determines appropriate.

(2)The Advisory Board must ensure that minutes are kept of each meeting.

11HAdvisory Board must provide forward plan to Minister

(1)The Advisory Board must prepare a forward plan for each financial year after the commencement of this section.

(2)The Advisory Board must give a copy of the proposed forward plan to the Minister before the financial year to which the forward plan relates.

(3)The Minister may approve a forward plan.

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PART III—POWERS OF HOMES VICTORIA AS TO PROPERTY

13Ministerial control

Without derogating from the generality of section 10(1), Homes Victoria shall be subject to the direction and control of the Minister in exercising the powers, discretions, functions and authorities and discharging the duties conferred or imposed upon Homes Victoria by or under this Part.

14Power to acquire and dispose of land

(1)Homes Victoria may for the purposes of this Act—

(a)except as otherwise provided by this section, purchase or compulsorily acquire any land;

(b)with the consent of the Minister administering the Crown Land (Reserves) Act 1978, purchase or acquire any Crown land;

(c)purchase or acquire from a municipal council or public statutory corporation any land vested in the municipal council or corporation other than land reserved under section 4 of the Crown Land (Reserves) Act 1978;

(d)upon such terms and conditions and subject to such restrictions, exceptions and reservations as Homes Victoria thinks fit, exchange any land of Homes Victoria (other than land granted to Homes Victoria by the Crown without consideration) for any other land and give or receive consideration in respect of that exchange;

(e)sell to any person any land vested in Homes Victoria on such terms and conditions (including terms and conditions as to repayment or the use or development of the land or any part thereof) as Homes Victoria thinks fit;

(f)make grants of any land vested in Homes Victoria free of consideration to any person and subject to such terms and conditions as Homes Victoria thinks fit;

(g)subject to the Residential Tenancies Act 1997, lease any land vested in Homes Victoria to any person of not less than fifteen years of age or to any body corporate for such period and on such terms and conditions as Homes Victoria thinks fit;

(h)subject to the Residential Tenancies Act 1997, sub-lease any land in respect of which Homes Victoria has a leasehold interest to any person of not less than fifteen years of age or to any body corporate in accordance with the terms of the head lease; and

(i)buy and sell mortgages.

(2)Part I of Schedule 2 has effect for the purposes of this section.

15Power to develop and manage land

(1)Homes Victoria may for the purposes of this Act and for all purposes ancillary to those purposes—

(a)develop any land which is vested in Homes Victoria or in respect of which Homes Victoria has a leasehold estate; and

(b)generally control, manage or use any land which is vested in or leased to or subject to any mortgage or security in favour of Homes Victoria; and

(c)maintain and repair and generally control, manage or use any houses and buildings situated on any such land as is referred to in paragraph (b); and

(ca)at the request of the Secretary, and on terms and conditions agreed between Homes Victoria and the Secretary—

(i)develop any land which is vested in the Secretary or in respect of which the Secretary has a leasehold estate;

(ii)generally control, manage or use any land which is vested in or leased to or subject to any mortgage or security in favour of the Secretary;

(iii)maintain and repair and generally control, manage or use any houses and buildings situated on land referred to in subparagraph (ii); and

(cb)at the request of a registered agency, and on terms and conditions agreed between Homes Victoria and the registered agency—

(i)develop any land which is vested in the agency or in respect of which the agency has a leasehold estate;

(ii)generally control, manage or use any land which is vested in or leased to or subject to any mortgage or security in favour of the agency;

(iii)maintain and repair and generally control, manage or use any houses and buildings situated on land referred to in subparagraph (ii); and

(d)with the consent of the Governor in Council and at the request and on behalf of, or in association with, and at the expense of the Commonwealth or the State of Victoria or any public department or authority of the Commonwealth or the State of Victoria or any municipal council—

(i)develop any land whether or not it is vested in Homes Victoria;

(ii)generally control, manage or use any such land; and

(iii)maintain and repair and generally control, manage or use any houses and buildings situated on any such land.

(2)In subsection (1) the words for all purposes ancillary to those purposes include the provision of all necessary community services and amenities.

16Power to create and extinguish easements etc.

(1)Homes Victoria may for the purposes of this Act—

(a)grant to or create in favour of any person any easement over land vested in Homes Victoria for such payment and on such terms and conditions as Homes Victoria thinks fit; and

(b)where Homes Victoria is of the opinion that, for the proper planning and development of any area in which Homes Victoria has developed, or is developing, land, it is expedient that any street or any part of a street should be closed or that any easement or restrictive covenant should be extinguished, Homes Victoria may, subject to Part II of Schedule 2, recommend to the Governor in Council that such street or part thereof be closed or that such easement or restrictive covenant be extinguished and the Governor in Council may by Order close such street or part thereof or extinguish such easement or restrictive covenant.

(2)Notwithstanding paragraph (a) of subsection (1), in any case where—

(a)by reason of the acquisition of any land by Homes Victoria or the vesting of any land in Homes Victoria or the operation of any Order of the Governor in Council made pursuant to this Act, it is desirable that an easement of way or of drainage or for the supply of water, gas or electricity or for sewerage services or for underground telephone services should be created appurtenant to any land not acquired by or vested in Homes Victoria (which land is hereunder called the "dominant tenement") whether or not such easement would be in substitution for any express or implied easement which is extinguished; and

(b)Homes Victoria certifies that provision exists or will be made for means of way or of drainage or for any such supply or services as is mentioned in paragraph (a) (as the case requires) on, over or under any land vested in Homes Victoria and in respect of which a plan of subdivision is lodged with the Registrar of Titles under section 97 of the Transfer of Land Act 1958—

then without any further or other authority than this subsection an easement of way or of drainage or for such supply or services as is mentioned in paragraph (a) (as the case requires), so far as is necessary for the reasonable enjoyment of the dominant tenement, shall on and from the deposit of Homes Victoria's certificate with the Registrar of Titles be deemed to exist in favour of and appurtenant to the dominant tenement on, over or under the land appropriated or set apart for the appropriate purpose on that plan of subdivision.

(3)Where any dominant tenement referred to in subsection (2) lies within or abuts on the boundaries of the land subdivided and to which the deposited plan relates, that dominant tenement may be numbered consecutively with the allotment or lot in that subdivision as though it were included therein and for the purposes of section 97(4) of the Transfer of Land Act 1958 shall be deemed to be an allotment in that subdivision.

(4)On the publication of any Order closing a street or part thereof under paragraph (b) of subsection (1) such street or part thereof (whether it is the property of the Crown or not) shall cease to be a street and thereupon all rights and interests existing or claimed as regards the land comprised therein either by the public or any person or body of persons shall cease and determine and the land shall be vested in Homes Victoria freed and discharged from all trusts, encumbrances, limitations or restrictions whatsoever.

(5)On the publication of any Order extinguishing an easement or restrictive covenant under paragraph (b) of subsection (1) such easement or restrictive covenant shall cease and determine.

(6)Subject to subsection (2), any owner of land who is substantially affected by the carrying into effect of a recommendation of Homes Victoria made under paragraph (b) of subsection (1) shall be entitled to such compensation as is agreed between Homes Victoria and that owner or in default of agreement as is determined under Part XLIV of the Local Government Act 1958 and that Part shall with such adaptations as are necessary extend and apply for the purposes of this section.

(7)Part II of Schedule 2 has effect for the purposes of this section.

17Power to accept donations etc.

(1)Homes Victoria may for the purposes of this Act—

(a)subject to paragraph (b), accept any absolute donation, gift, devise or bequest of real or personal property; or

(b)with the consent of the Governor in Council, accept any donation, gift, devise or bequest of real or personal property subject to any trust the objects of which are not substantially different from those of this Act and carry out and give effect to the objects of any such trust.

(2)Part III of Schedule 2 has effect for the purposes of this section.

18Provision of movable units

(1)Homes Victoria may for the purposes of this Act enter into an agreement with any person for the sale or letting out on hire to that person of a movable unit on such terms and conditions as Homes Victoria thinks fit.

(2)For the purposes of this section Homes Victoria may purchase, acquire or manufacture movable units.

(3)Where any person is accommodated in a movable unit owned by Homes Victoria after a hiring agreement is determined, Homes Victoria may give notice in writing to the person requiring him or her to yield up possession of the unit and Part 7 of the Residential Tenancies Act 1997 shall apply to and in relation to any person served with a notice under this subsection as if such notice were a notice to vacate under section 91ZZC of the Residential Tenancies Act 1997.

(3A)For the purpose of inspecting or removing a movable unit owned by Homes Victoria after a hiring agreement is determined, a person authorised in that behalf by Homes Victoria has power to enter at any reasonable time the land on which the unit is situated and the unit itself.

(4)It shall be an offence to hinder or obstruct any person removing a movable unit owned by Homes Victoria from any land if that person is duly authorized by Homes Victoria in that behalf.

Penalty:2 penalty units.

(5)Part IV of Schedule 2 has effect for the purposes of this section.

PART IV—POWERS OF HOMES VICTORIA AS TO FINANCE

Division 1—General

19Ministerial control

Without derogating from the generality of section 10(1), Homes Victoria shall be subject to the direction and control of the Minister in exercising the powers, discretions, functions and authorities and discharging the duties conferred or imposed upon Homes Victoria by or under this Part.

20Power to borrow money

(1)Homes Victoria may obtain financial accommodation subject to and in accordance with the Borrowing and Investment Powers Act 1987[1].

*                *                *                *                *

(3)Without limiting the generality of subsection (1), Homes Victoria may[3]—

(a)contract with a corporation that is declared to be a recognised institution under section 3A(4) of the Trustee Act 1958, in respect of mortgages in which Homes Victoria has an interest; and

(b)for the purpose of performing or facilitating the performance of such a contract, enter into any other contract or arrangement with any person.

21Power to lend money

For the purposes of this Act Homes Victoria may lend to any person such sums of money as Homes Victoria thinks fit and any such loans may be on such security (if any) and on such terms and conditions as Homes Victoria thinks fit.

22Investment of surplus funds[4]

(1)Homes Victoria may invest money standing to the credit of the general fund in accordance with powers conferred on Homes Victoria by the Borrowing and Investment Powers Act 1987[5].

*                *                *                *                *

23Death and disability benefits

For the purposes of this Act Homes Victoria may agree with a purchaser or mortgagor to forgo the payment of the whole or any part of the balance of the purchase or mortgage money that may be owing to Homes Victoria on the death or disability of the purchaser or mortgagor.

24Power to make grants of money

(1)For the purposes of this Act Homes Victoria may, on such terms and conditions and for such periods as it thinks fit, make grants of money to any person.

(2)Without limiting the generality of subsection (1), Homes Victoria may make grants of money to any person for any of the following purposes—

(a)the reduction in rental payments owed by that person to any other person;

(b)the reduction in payments of money owed by that person to any other person under any contract of sale or under any mortgage;

(c)the provision of services relating to housing by any person;

(d)the carrying out of research relating to housing by any person; and

(e)to assist the establishment and operation of any housing or housing finance scheme carried on by any person.

(3)Nothing in this section requires Homes Victoria to make a grant of money to any person even if Homes Victoria has previously made a grant of money to that person under this section.

25The general fund

(1)Homes Victoria shall maintain a fund to be called the "general fund".

(2)All moneys whatever received by Homes Victoria (including moneys raised by loan under this Act) shall be carried to the credit of the general fund.

(3)Homes Victoria may pay money out of the general fund—

(a)to pay any amounts payable by Homes Victoria (other than money to be paid out of a project fund in relation to a Homes Victoria development project)—

(i)in carrying out the objects of this Act; and

(ii)in the exercising of its functions under this Act; and

(b)for any other purposes authorised by this Act.

(4)Homes Victoria shall keep such accounts with an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth as are approved by the Treasurer and shall pay into these accounts all moneys received by Homes Victoria.

(5)Homes Victoria may pay out of an account kept under subsection (4) any amounts for the purposes referred to in subsection (3).

26Project funds

(1)With the written approval of the Treasurer, Homes Victoria may establish and keep one or more project funds for the purposes of a Homes Victoria development project.

(2)There may be paid into a project fund—

(a)all money received by Homes Victoria, or on its behalf, in respect of, or in connection with, the carrying out of its functions under this Act or any other Act relating to a Homes Victoria development project; and

(b)all income from the investment of money in a project fund and the proceeds of sale of any investment; and

(c)any money directed or approved by the Minister or the Treasurer to be paid into a project fund; and

(d)all other money that Homes Victoria receives for payment, or is permitted to be paid, into a project fund.

(3)Homes Victoria may pay money out of a project fund—

(a)to pay any amounts payable by Homes Victoria in respect of Homes Victoria's functions under this Act or any other Act relating to a Homes Victoria development project; and

(b)to pay any costs and expenses incurred by Homes Victoria in relation to its functions under this Act or any other Act relating to a Homes Victoria development project; and

(c)to repay any amount borrowed by Homes Victoria under this Act for any purpose relating to a Homes Victoria development project together with any charges or interest on that amount; and

(d)to pay any amount to be paid into another project fund on the written approval of the Treasurer; and

(e)for any other purpose authorised by or under this Act or any other Act.

26AGuarantee, indemnity and security by Homes Victoria[7]

(1)Homes Victoria may, with the approval of the Treasurer, execute a guarantee in favour of any person approved by Homes Victoria guaranteeing the repayment of any amount.

(2)Homes Victoria may, with the approval of the Treasurer, provide an indemnity in favour of any person, and in respect of any liability, approved by Homes Victoria, whether or not that liability is incurred in the carrying out of the objects of this Act or in achieving its purposes.

(2A)With the approval of the Treasurer, Homes Victoria may grant security over the real and personal property (including any present, future, tangible or intangible property or assets and any right, interest, revenue or benefit in, under or derived from that property or asset) of, or the shares, debentures, securities or units Homes Victoria holds in, an entity that Homes Victoria has formed, participated or invested in under section 32A.

(3)A guarantee executed, an indemnity provided or a security granted by Homes Victoria under subsection (1), (2) or (2A) is subject to any terms and conditions that Homes Victoria thinks appropriate.

(4)Any amounts that from time to time become due and payable under a guarantee or an indemnity authorized by this section shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly).

27Preparation of annual budgets by Homes Victoria

(1)Before such date as may be fixed by the Minister, Homes Victoria shall submit to the Minister an operating budget and a capital works budget for the relevant financial year.

(2)The budgets shall be in such form and contain such matter as is required by the Minister after consultation with the Minister administering Part 7 of the Financial Management Act 1994.

(3)The Minister shall consider the budgets submitted by Homes Victoria and shall, as soon as practicable, advise Homes Victoria as to whether the Minister approves the budgets or approves the budgets as amended by the Minister.

(4)Homes Victoria shall operate within the budgets as approved by the Minister for Homes Victoria for the relevant year.

(5)Where, during the course of a financial year, a change has occurred in the budgetary situation of Homes Victoria which, in the view of Homes Victoria or of the Minister is judged to be a significant change, or where the Minister deems it necessary, Homes Victoria shall submit to the Minister on Homes Victoria's own initiative or at the Minister's direction, a revised budget for the remainder of the year and the Minister shall consider that revised budget and shall, as soon as practicable, advise Homes Victoria as to whether the Minister approves the revised budget or approves a revised budget as amended by the Minister.

(6)Homes Victoria shall operate within the revised budget, if any, from the date that the revised budget is approved by the Minister for the remainder of the financial year.

(7)Homes Victoria shall provide to the Minister, in such form and containing such matter and within such time or times as the Minister directs, such information as the Minister may request from time to time relating to the budgetary position, finances, cash position, manpower position or other factors relevant to Homes Victoria's operations or capital works programme for the year or for any ensuing year or years.

(8)Before the Minister approves any budget or revised budget pursuant to this section, the Minister shall—

(a)submit the budget the Minister proposes to approve for Homes Victoria for the whole financial year to the Treasurer for the Treasurer's consideration and approval; and

(b)submit to the Treasurer any proposed revised budget for a portion of a financial year for the Treasurer's consideration and approval.

*                *                *                *                *

Division 2—Commonwealth–State–Northern Territory Housing Agreements

28ADefinitions

In this Division—

1981 Agreement means the Commonwealth–State–Northern Territory Housing Agreement 1981, a copy of which is set out in Schedule 3;

1984 Agreement means the Agreement between the Commonwealth of Australia, the States and the Northern Territory relating to Housing (1984–1993), a copy of which is set out in Schedule 3A.

29Ratification of Commonwealth–State–Northern Territory Housing Agreement 1981

(1)The execution on 23 December 1981 by the then Premier of the State of Victoria for and on behalf of the State of Victoria of the 1981 Agreement is hereby ratified and the 1981 Agreement is hereby approved.

(2)Schedule 4 has effect with respect to the agreements referred to in clause 1 of that Schedule.

29ARatification of 1984 Agreement

The execution on 12 March 1985 by the Premier of the State of Victoria for and on behalf of the State of Victoria of the 1984 Agreement is hereby ratified and the 1984 Agreement is hereby approved.

30Homes Victoria appointed agent for performance of Agreement

(1)In accordance with clause 43 of the 1981 Agreement, Homes Victoria is hereby appointed the agency for the performance of the 1981 Agreement on behalf of the State of Victoria.

(2)In accordance with clause 39 of the 1984 Agreement, Homes Victoria is hereby appointed the agency for the performance of the 1984 Agreement on behalf of the State of Victoria.

31Payment of money to Homes Victoria

(1)All money advanced to the State of Victoria by the Commonwealth under the 1981 Agreement or the 1984 Agreement shall be paid to Homes Victoria who shall have the supervision and control of that money.

(2)Homes Victoria shall cause to be kept in Homes Victoria's books of account an account to be called the Home Purchase Assistance Account into which shall be paid all money advanced to the State of Victoria by the Commonwealth under Part IX of the 1981 Agreement or Part IX of the 1984 Agreement.

(3)Homes Victoria is hereby declared to be a lending authority of the State approved by the Minister for the purposes of clause 25(1)(d)(ii) of the 1981 Agreement.

(3A)Homes Victoria is hereby declared to be a lending authority of the State approved by the Minister for the purposes of clause 26(1)(d)(ii) of the 1984 Agreement.

(4)All money which is or may become payable by the State of Victoria to the Commonwealth of Australia under the 1981 Agreement or the 1984 Agreement shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly).

PART V—GENERAL

Division 1—Other powers of Homes Victoria

32Ministerial control

Without derogating from the generality of section 10(1), Homes Victoria shall be subject to the direction and control of the Minister in exercising the powers, discretions, functions and authorities and discharging the duties conferred or imposed upon Homes Victoria by or under this Part.

32AHomes Victoria may enter into joint ventures etc.

With the approval of the Minister and the Treasurer, Homes Victoria may do any or all of the following—

(a)form, or participate in the formation of, a corporation, trust, joint venture, partnership or other body, including a non-profit body (a Homes Victoria subsidiary);

(b)subscribe for, or otherwise acquire, and hold and dispose of shares in, or debentures or other securities of, a corporation;

(c)become a member of a company limited by guarantee;

(d)subscribe for, or otherwise acquire, and hold and dispose of, units in a trust;

(e)act as a trustee or manager of a trust or other investment interest and authorise any subsidiaries of Homes Victoria to act as a trustee or manager of a trust or other investment interest;

(f)acquire and hold and dispose of an interest in a partnership or other body or arrangement;

(g)enter into any contract or arrangement with a person for the sharing of profits, union of interest, co-operation, joint venture, reciprocal concessions or otherwise.

32BPowers of Homes Victoria subsidiaries

(1)Without limiting any other powers of a Homes Victoria subsidiary under this Act or any other Act or law, a Homes Victoria subsidiary may do all things that are necessary or convenient to be done for or in connection with, or incidental to, a Homes Victoria development project (including as the delegate of Homes Victoria).

(2)For the purposes of subsection (1), a Homes Victoria subsidiary may do any one or more of the following—

(a)acquire, hold, lease, license and dispose of real or personal property;

(b)enter into agreements and arrangements, and do all things necessary or convenient to be done to give effect to the agreements and arrangements;

(c)employ persons as necessary;

(d)act as an agent for another person or body;

(e)engage consultants, contractors or agents;

(f)do and suffer all acts and things that a person may by law do and suffer.

33Homes Victoria may enter into agreements

(1)For the purposes of this Act and save as otherwise provided in subsection (2), Homes Victoria may enter into an agreement with any person or body corporate on such terms and conditions as Homes Victoria thinks fit.

(2)Where an agreement under subsection (1) relates to the provision of services, the agreement shall be subject to any conditions that may be imposed by the Governor in Council from time to time.

(3)Save with the approval of the Minister, Homes Victoria shall not enter into any agreement under subsection (1) where the sum of money required to be expended by Homes Victoria under that agreement in any one financial year exceeds the sum which is, from time to time, determined by the Minister.

34Agreements with municipal councils, regional housing councils and non-trading co‑operative

(1)For the purposes of this Act, Homes Victoria may enter into an arrangement or agreement with a municipal council, a regional housing council (which has been recognized by the Minister and is incorporated under any Act) or a non-trading co‑operative, whereby the municipal council, council or co-operative shall carry out any works, perform any functions or provide any services which Homes Victoria has power to carry out, perform or provide under this Act and such arrangement or agreement shall be on such terms and conditions as are agreed upon between the parties.

(2)Without limiting the generality of subsection (1), an arrangement or an agreement under this section may provide for—

(a)the whole or any part of the cost of carrying out the arrangement or agreement, including the cost of purchasing any land required therefor, to be paid by Homes Victoria;

(b)the transfer of any land for the purposes of carrying out the arrangement or agreement from Homes Victoria to the municipal council, regional housing council or non‑trading co-operative;

(c)a loan to be made by Homes Victoria to meet the whole or any part of the cost of carrying out the arrangement or agreement, including the cost of purchasing any land required therefor; or

(d)Homes Victoria to pay the costs of providing any service during a specified period.

(3)Any municipal council, regional housing council or non-trading co-operative is hereby authorized and empowered to enter into arrangements or agreements for the purposes of this Act with Homes Victoria and may do or suffer any thing necessary or expedient for carrying any such arrangement or agreement into effect.

(4)With the prior approval of the Minister, Homes Victoria may enter into an arrangement or agreement of the kind referred to in subsection (1) with any body of persons where a substantial number of those persons are occupiers of houses owned or leased by Homes Victoria.

35Delegation

(1)With the prior approval of the Minister, Homes Victoria may delegate to any employee of the Department or to any other person or body any of the powers, discretions, functions or authorities of Homes Victoria under this or any other Act, including, subject to subsection (7), this power of delegation.

*                *                *                *                *

(2)A delegate shall not exercise any power, discretion, function or authority delegated under this section until the Minister has approved the instrument of delegation concerned.

(3)Where the exercise or performance by Homes Victoria of a power, discretion, function or authority is dependent upon the opinion, belief or state of mind of Homes Victoria in relation to a matter and the power, discretion, function or authority is delegated under this section, the delegate may, unless the contrary intention appears, exercise or perform the power, discretion, function or authority upon his or her own opinion, belief or state of mind (as the case may require) in relation to the matter.

(4)Where the Minister has approved an instrument of delegation under subsection (2), the Minister may subsequently withdraw that approval and the delegation shall thereupon be revoked but that revocation shall not affect in any way anything lawfully done under the delegated authority.

(5)A delegation under this section may at any time be revoked by Homes Victoria, in whole or in part, but that revocation shall not affect in any way anything lawfully done under the delegated authority.

(6)A delegation under this section does not prevent the exercise or performance by Homes Victoria of any of the powers, discretions, functions and authorities conferred on Homes Victoria by or under this Act.

(7)With the approval of the Minister, a delegate of a power, discretion, function or authority under subsection (1), subject to any conditions to which the delegation is subject, by instrument may subdelegate that power, discretion, function or authority to any other person or persons or body if the instrument of delegation authorises its subdelegation.

(8)Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a subdelegation under subsection (7) as if it were a delegation.

36Parking of vehicles

Schedule 5 shall have effect with respect to the parking of vehicles on any land vested in or held under lease by Homes Victoria.

36AInsurance[8]

(1)Homes Victoria may require the purchaser, mortgagor or owner of any land that is included in a contract of sale or a mortgage or other security held by Homes Victoria to insure the land and, while any money remains payable to Homes Victoria by that person, keep it insured against any loss or damage, and for any amount, that Homes Victoria determines.

(2)Homes Victoria may contract with the purchaser, mortgagor or owner for the insurance of the land, on any terms and conditions that Homes Victoria thinks appropriate.

(3)Homes Victoria's power to undertake insurance extends to undertaking insurance of any land that has been proposed in an application to Homes Victoria as security for a mortgage or other advance or loan.

(4)Homes Victoria may require the insurance to be effected—

(a)with Homes Victoria; or

(b)with an insurer approved by Homes Victoria.

(5)If the insurance is effected other than with Homes Victoria, the purchaser, mortgagor or owner must, immediately after the policy is issued, deliver the policy to Homes Victoria.

(6)Homes Victoria must return the policy to the owner, mortgagor or purchaser immediately after all money due to Homes Victoria under the contract of sale or mortgage or other security has been paid.

(7)Homes Victoria may re-insure any risk insured by Homes Victoria, on any terms and conditions that Homes Victoria thinks appropriate, with any person or body carrying on the business of insurance in the State.

(8)For the purposes of this section—

(a)Homes Victoria is not an insurance company within the meaning of the Fire Rescue Victoria Act 1958 and the Country Fire Authority Act 1958; and

(b)any land insured with Homes Victoria under this section is uninsured within the meaning of those Acts; and

(c)Homes Victoria must pay any expenses and charges incurred by a fire brigade of Fire Rescue Victoria or of the Country Fire Authority in attending a fire on land insured with Homes Victoria.

Division 2—Enforcement and miscellaneous provisions

37Execution of documents

(1)Where it is required that Homes Victoria give or issue any notice, declaration, certificate, direction or order or execute any document, this shall be done—

(a)under the corporate seal of Homes Victoria affixed by the Chief Executive Officer, Homes Victoria who shall attest by his or her signature the fact and date of the affixing of the seal;

(b)under the corporate seal of Homes Victoria affixed by a person to whom for the time being Homes Victoria has delegated power for the purpose and who shall attest by his or her signature the fact and date of the affixing of the seal; or

(c)under the signature of the Chief Executive Officer, Homes Victoria or of a person to whom for the time being Homes Victoria has delegated power for the purpose.

(2)All courts and persons acting judicially—

(a)shall take judicial notice of the seal of Homes Victoria affixed to any notice, declaration, certificate, direction, order or document; and

(b)shall, until the contrary is proved, presume that the seal was properly affixed.

(3)All courts and persons acting judicially—

(a)shall take judicial notice of the signature affixed to any notice, declaration, certificate, direction, order or document of the Chief Executive Officer, Homes Victoria or any person to whom for the time being Homes Victoria has delegated power to sign such notice, declaration, certificate, direction, order or document; and

(b)shall, until the contrary is proved, presume that the signature was properly affixed.

38Improper interest in contracts

(1)A prescribed person who is in any way improperly concerned or interested in any contract or agreement made by or on behalf of Homes Victoria is guilty of an offence and is liable to a penalty not exceeding 60 penalty units.

(2)In this section prescribed person means—

(a)the Chief Executive Officer, Homes Victoria;

(b)the Registrar of Housing Agencies;

(c)an employee of the Department;

(d)a delegate of Homes Victoria.

39Personal liability of officers

The Chief Executive Officer, Homes Victoria, an employee of the Department or any other person acting on behalf of Homes Victoria shall not be subject personally to any claim, action, liability or demand in respect of any action or step taken or not taken by that person on behalf of Homes Victoria, provided that in taking or not taking that action or step the person acted in good faith for the purpose of executing this Act or the regulations.

40Giving false information

(1)Where, pursuant to this Act or the regulations, a person is required to give information to any person (whether orally or in writing), the first‑mentioned person shall not wilfully give information that is untrue in any particular.

Penalty:21 penalty units.

(2)A person shall not, in any application or other instrument made under or for the purposes of this Act or the regulations, wilfully give information that is untrue in any particular.

Penalty:21 penalty units.

41Offences

Any person who is guilty of an offence for which no penalty is provided elsewhere in this Act is liable to a penalty of not more than 10 penalty units and in the case of a continuing offence to a penalty of not more than 1 penalty unit for every day during which the offence continues after conviction.

42Directions as to prosecutions

(1)Homes Victoria may direct either generally or in any particular case that proceedings be taken in respect of breaches of or offences against this Act or the regulations wherever committed.

(2)Any person authorized in that behalf by Homes Victoria may prosecute for any breach of or offence against this Act or the regulations.

(3)No fee shall be payable on the filing of a charge‑sheet or issue of a summons for the purposes of any such prosecution or proceedings.

43Service of documents

(1)Unless it is otherwise expressly provided, every notice, declaration, direction, order or other document which by or under this Act or the regulations is authorized or required to be given to the owner or occupier of any building or land shall be addressed to the owner or to the occupier of that building or land, and shall—

(a)if the owner or occupier and the place of residence of the owner or occupier are known to the person giving the notice, be served on such owner or occupier or left with some adult person at the place of residence of the owner or occupier;

(b)if the owner and the place of residence of the owner are not known to the person giving the notice, be served on the occupier (if any) of the building or land or left with some adult person at the premises, or if there is no occupier, be put up on some conspicuous part of the building or land; or

(c)if the occupier and the place of residence of the owner are not known to the person giving the notice, be put up on some conspicuous part of such building or land.

(2)Any notice, declaration, direction, order or other document referred to in subsection (1) may also be served by post by pre-paid letter addressed to the owner or occupier and in proving service it shall be sufficient to prove that the notice, declaration, direction, order or other document was addressed to the usual or last-known place of residence or of business of the owner or occupier and was put into the post.

(3)Any notice, declaration, direction, order or other document referred to in subsection (1) may be addressed by the description of "the owner" or "the occupier" of the building or land (naming it) in respect of which the notice, declaration, direction or order had been served on the last‑mentioned owner or occupier respectively.

(4)Any document may be given to or served on Homes Victoria—

(a)by delivering it to an employee of the Department duly authorized in that behalf by Homes Victoria; or

(b)by forwarding it by post in a pre-paid letter addressed to Homes Victoria.

44Presumptions

In any prosecution or other legal proceeding under this Act no proof shall be required—

(a)of any order or authority to prosecute;

(b)of the powers of Homes Victoria; or

(c)of the authority of any person to whom Homes Victoria has delegated any powers, functions, authorities or discretions under this Act.

45Jurisdiction of courts

Save as otherwise expressly provided—

*                *                *                *                *

(b)all money costs and expenses made payable or recoverable by or under this Act may be recovered in any court of competent jurisdiction.

*                *                *                *                *

PART VII—STANDARDS OF HABITATION

62Definitions[9]

In this Part unless inconsistent with the context or subject-matter—

Councilmeans the council (as defined in section 3(1) of the Local Government Act 2020) in the municipal district of which a house the subject of a declaration is situated;

declaration means a declaration made under section 64 of this Act, section 56 of the Housing Act 1958, or section 8 of the Slum Reclamation and Housing Act 1938;

demolish, in the case of a house, includes the clearing away and removal from the land on which the house was situated of the resulting building debris;

*                *                *                *                *

regulations means regulations made under section 63(1) as in force immediately before the commencement of the Housing (Amendment) Act 1996;

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

67Alterations or demolition of house by Council

(1)Subject to section 68A, if an owner fails to comply with a direction under section 66 (or any corresponding previous enactment), within the period specified for compliance, the Council may[11]—

(a)do all or any of the acts or things which the Council considers necessary to make the house comply with the regulations or to give effect to any direction made under section 66 (or any corresponding previous enactment) notwithstanding that the direction had not required some or any of those acts to be done; or

(b)demolish the house (where the case so requires).

(2)The Council may recover from the owner any expenses incurred under subsection (1) and any such expenses shall be, as from such date as the Council determines, and until paid to the Council shall remain, a first charge on the land in respect of which or on which is situated the house in respect of which the expenses were incurred[12].

(2A)Any such expenses bear interest from the date determined under subsection (2) until payment at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983[13].

(3)The Council may sell or dispose of any material taken from any house in the course of carrying out any operation under subsection (1) and shall apply the proceeds of any such sale for and towards the expenses incurred by the Council in respect of that operation and shall pay the surplus (if any) to the owner.

68Council may give notice requiring house to be and to remain unoccupied or requiring the occupier to vacate house

(1)Where a direction has been made under section 66 (or any corresponding previous enactment), the Council may serve a notice in writing on the occupier (if any) of the house to which the direction relates and affix a copy of the notice to that house requiring, as on and from a specified date (being a date not less than fourteen days after the service of that notice) [14]—

(a)that house to be and to remain unoccupied; or

(b)the occupier of that house to vacate that house—

unless (in the case where the direction has required that house to be made to comply with the regulations in whole or part) that house is to the satisfaction of the Council made to comply with the regulations in whole or as to such part before that specified date.

(2)Every person who after the expiration of the period specified in any notice served under subsection (1) inhabits or occupies the house to which that notice relates or permits or authorizes any person to inhabit or occupy that house shall, unless the Council has issued a certificate of clearance in writing certifying that the house has been made to comply with the regulations or revoked the declaration to which the notice applies under section 68A, be guilty of an offence.

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Housing Act 1983 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Housing (Commonwealth-State-Northern Territory Agreement) Act 1985, No. 10259/1985

Assent Date:	10.12.85
Commencement Date:	10.12.85
CurrentState:	All of Act in operation

Courts Amendment Act 1986, No. 16/1986

Assent Date:	22.4.86
Commencement Date:	S. 30(Sch.) on 1.7.86: Government Gazette 25.6.86 p. 2180
CurrentState:	This information relates only to the provision/s amending the Housing Act 1983

Land Acquisition and Compensation Act 1986, No. 121/1986

Assent Date:	23.12.86
Commencement Date:	29.11.87: Government Gazette 25.11.87 p. 3224
CurrentState:	All of Act in operation

Road Safety Act 1986, No. 127/1986

Assent Date:	23.12.86
Commencement Date:	S. 102 on 1.3.87: Government Gazette 25.2.87 p. 445; Sch. 4 item 13 on 1.7.87: Special Gazette (No. 27) 25.6.87 p. 1
CurrentState:	This information relates only to the provision/s amending the Housing Act 1983

Housing (Amendment) Act 1987, No. 26/1987

Assent Date:	12.5.87
Commencement Date:	12.5.87
CurrentState:	All of Act in operation

State Superannuation Act 1988, No. 50/1988

Assent Date:	24.5.88
Commencement Date:	S. 93(2) on 1.7.88: Government Gazette 1.6.88 p. 1487
CurrentState:	This information relates only to the provision/s amending the Housing Act 1983

Subdivision Act 1988, No. 53/1988 (as amended by No. 47/1989)

Assent Date:	31.5.88
Commencement Date:	30.10.89: Government Gazette 4.10.89 p. 2532
CurrentState:	All of Act in operation

Local Government (Consequential Provisions) Act 1989, No. 12/1989

Assent Date:	9.5.89
Commencement Date:	S. 4(1)(Sch. 2 items 61.1–61.9) on 1.11.89: Government Gazette 1.11.89 p. 2798; s. 4(1)(Sch. 2 item 61.10) on 1.10.92: Government Gazette 23.9.92 p. 2489
CurrentState:	This information relates only to the provision/s amending the Housing Act 1983

Transfer of Land (Computer Register) Act 1989, No. 18/1989

Assent Date:	16.5.89
Commencement Date:	3.2.92: Government Gazette 18.12.91 p. 3488
CurrentState:	All of Act in operation

Transport (Amendment) Act 1989, No. 44/1989

Assent Date:	6.6.89
Commencement Date:	S. 41(Sch. 2 item 21) on 1.7.89: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Housing Act 1983

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date:	14.6.89
Commencement Date:	S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217
CurrentState:	All of Act in operation

Borrowing and Investment Powers (Amendment) Act 1993, No. 99/1993

Assent Date:	23.11.93
Commencement Date:	Pt 1 (ss 1–3) on 23.11.93: s. 2(1); rest of Act on 24.5.94: s. 2(3)
CurrentState:	All of Act in operation

Financial Management Act 1994, No. 18/1994

Assent Date:	10.5.94
Commencement Date:	Pt 1 (ss 1–8), ss 60, 61 on 10.5.94: s. 2(1); rest of Act on 1.7.94: s. 2(2)
CurrentState:	All of Act in operation

Catchment and Land Protection Act 1994, No. 52/1994

Assent Date:	15.6.94
Commencement Date:	Ss 1, 2 on 15.6.94: s. 2(1); ss 3–5, Pt 2, Sch. 1 on 30.9.94 Government Gazette 29.9.94 p. 2306; rest of Act on 15.12.94: s. 2(3)
CurrentState:	All of Act in operation

Financial Management (Amendment) Act 1994, No. 75/1994

Assent Date:	22.11.94
Commencement Date:	S. 15 on 1.1.95: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Housing Act 1983

Housing (Amendment) Act 1996, No. 20/1996

Assent Date:	2.7.96
Commencement Date:	28.5.96: s. 2
CurrentState:	All of Act in operation

Co-operatives Act 1996, No. 84/1996

Assent Date:	23.12.96
Commencement Date:	S. 465, s. 467(Sch. 6 item 8) on 1.10.97: Special Gazette (No. 122) 1.10.97 p. 1
CurrentState:	This information relates only to the provision/s amending the Housing Act 1983

Audit (Amendment) Act 1997, No. 93/1997

Assent Date:	16.12.97
Commencement Date:	S. 28(Sch. item 16) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Housing Act 1983

Residential Tenancies Act 1997, No. 109/1997

Assent Date:	23.12.97
Commencement Date:	S. 533(Sch. 2 item 4) on 1.7.98: Government Gazette 18.6.98 p. 1512
CurrentState:	This information relates only to the provision/s amending the Housing Act 1983

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Housing Act 1983

Transfer of Land (Single Register) Act 1998, No. 85/1998

Assent Date:	17.11.98
Commencement Date:	S. 24(Sch. item 34) on 1.1.99: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Housing Act 1983

Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001

Assent Date:	8.5.01
Commencement Date:	S. 3(Sch. item 36) on 1.6.01: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Housing Act 1983

Housing (Housing Agencies) Act 2004, No. 106/2004

Assent Date:	21.12.04
Commencement Date:	Ss 3–5, 7–12, 14 on 1.1.05: s. 2(1); s. 13 on 5.4.05: s. 2(3); ss 6, 15 on 1.7.05: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Housing Act 1983

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 100) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Housing Act 1983

Treasury Legislation (Repeal) Act 2005, No. 73/2005

Assent Date:	25.10.05
Commencement Date:	S. 4(Sch. 2 item 4) on 26.10.05: s. 2
CurrentState:	This information relates only to the provision/s amending the Housing Act 1983

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date:	13.6.06
Commencement Date:	S. 94(Sch. item 27) on 1.7.06: Government Gazette 29.6.06 p. 1315
CurrentState:	This information relates only to the provision/s amending the Housing Act 1983

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:	10.10.06
Commencement Date:	S. 26(Sch. item 51) on 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Housing Act 1983

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 67) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Housing Act 1983

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)

Assent Date:	2.3.10
Commencement Date:	S. 203(1)(Sch. 6 item 25) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Housing Act 1983

Associations Incorporation Reform Act 2012, No. 20/2012

Assent Date:	1.5.12
Commencement Date:	S. 226(Sch. 5 item 16) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Housing Act 1983

Co-operatives National Law Application Act 2013, No. 9/2013

Assent Date:	13.3.13
Commencement Date:	S. 42(Sch. 2 item 11) on 3.3.14: Special Gazette (No. 46) 18.2.14 p. 1
Current State:	This information relates only to the provision/s amending the Housing Act 1983

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 3(Sch. 1 item 22) on 1.12.13: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Housing Act 1983

Victoria Police Amendment (Consequential and Other Matters) Act 2013, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 81) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Housing Act 1983

Housing Amendment (Victorian Housing Register and Other Matters) Act 2016, No. 75/2016

Assent Date:	13.12.16
Commencement Date:	Ss 4–10 on 21.12.16: Special Gazette (No. 389) 20.12.16 p. 1
Current State:	This information relates only to the provision/s amending the Housing Act 1983

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 67) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Housing Act 1983

Residential Tenancies Amendment Act 2018, No. 45/2018 (as amended by Nos 11/2020, 25/2020)

Assent Date:	18.9.18
Commencement Date:	S. 375 on 29.3.21: Special Gazette (No. 42) 27.1.21 p. 1
Current State:	This information relates only to the provision/s amending the Housing Act 1983

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:	4.6.19
Commencement Date:	S. 221(Sch. 1 item 21) on 1.3.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Housing Act 1983

Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019

Assent Date:	2.7.19
Commencement Date:	S. 179 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1
Current State:	This information relates only to the provision/s amending the Housing Act 1983

Transport Legislation Amendment Act 2019, No. 49/2019

Assent Date:	3.12.19
Commencement Date:	S. 186(Sch. 4 item 21) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1
CurrentState:	This information relates only to the provision/s amending the Housing Act 1983

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 54.1) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 item 54.2) on 1.7.21: s. 2(4)
Current State:	This information relates only to the provision/s amending the Housing Act 1983

Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022

Assent Date:	29.3.22
Commencement Date:	Ss 33–35 on 30.3.22: s. 2(3)
Current State:	This information relates only to the provision/s amending the Housing Act 1983

Residential Tenancies, Housing and Social Services Regulation Amendment (Administration and Other Matters) Act 2022, No. 40/2022

Assent Date:	6.9.22
Commencement Date:	Ss 18–49 on 7.9.22: s. 2(2)
Current State:	This information relates only to the provision/s amending the Housing Act 1983

Statute Law Amendment Act 2023, No. 6/2023

Assent Date:	9.5.23
Commencement Date:	S. 3(Sch. 1 item 3) on 10.5.23: s. 2
Current State:	This information relates only to the provision/s amending the Housing Act 1983

Regulatory Legislation Amendment (Reform) Act 2025, No. 14/2025

Assent Date:	20.5.25
Commencement Date:	S. 41 on 21.5.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Housing Act 1983

Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025

Assent Date:	5.8.25
Commencement Date:	S. 106(Sch. 1 item 21) on 6.8.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Housing Act 1983

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] S. 20(1): Section 24 of the Borrowing and Investment Powers (Amendment) Act 1993, No. 99/1993 (repealed) read as follows:

24Transitional provisions

(1)A provision of an Act amended by a preceding section in this Part (other than section 23) continues to apply to or in respect of—

(a)moneys borrowed or re-borrowed, loans, advances and financial accommodation obtained and financial arrangements entered into and any other thing done under borrowing powers or powers to obtain financial accommodation conferred by the Act before the commencement of that section; and

(b)moneys borrowed or re-borrowed, loans, advances and financial accommodation obtained and any other thing done under borrowing powers or powers to obtain financial accommodation conferred by the Act after that commencement, pursuant to arrangements entered into before that commencement; and

(c)the investment of moneys or exercise of powers made before the commencement of that section—

as if that section had not been enacted.

(2)A guarantee given by or on behalf of the Government or State of Victoria or by the Treasurer and in force under an Act amended by a preceding section in this Part (other than section 23) before the commencement of that section has effect and may be enforced as if the guarantee were a contract made on behalf of the Crown and section 23(1)(a) of the Crown Proceedings Act 1958 applied accordingly.

[2] S. 20(2) (repealed): See note 1.

[3] S. 20(3): See note 1.

[4] S. 22: See note 1.

[5] S. 22(1): The proposed amendment to section 22(1) by the Financial Management Act 1994, No. 18/1994 section 66(Schedule 2 item 8(a)) is not included in this publication due to the substitution of subsection (1) by section 16(3) of the Borrowing and Investment Powers (Amendment) Act 1993, No. 99/1993.

[6] S. 26 (original repealed): See note 1.

[7] S. 26A: See note 1.

[8] S. 36A: Section 10 of the Housing (Amendment) Act 1987, No. 26/1987 (repealed) read as follows:

10Validation

Any contract of insurance entered into before the commencement of section 9 which would have been valid if section 9 had been in operation at the time it was entered into has the same effect as it would have if section 9 had been in operation at that time.

[9]

S. 62: Sections 14–16, 19 of the Housing (Amendment) Act 1996,

No. 20/1996 (repealed) read as follows:

14Saving provision—Regulations

Despite the repeal of section 63(1) of the Principal Act, the Housing (Standard of Habitation) Regulations 1985 as in force immediately before the commencement of this Act are deemed to have continued in force in respect of any declaration as defined in section 62 of the Principal Act.

15Saving provision—Declarations

Subject to section 68A of the Principal Act, nothing in this Act affects a declaration (as defined in section 62 of the Principal Act) that was in force immediately before the commencement of this Act.

16Saving provision—Appeals

Nothing in this Act affects the right of a person under section 65(1) of the Principal Act to appeal against a declaration (as defined in section 62 of the Principal Act) that was made before the commencement of this Act.

19Transitional provision—section 68

A notice served by the Director under section 68(1) of the Principal Act as in force immediately before the commencement of this Act continues in force until the Council—

(a)issues a certificate of clearance in writing certifying that the house has been made to comply with the regulations as defined in section 62 of the Principal Act; or

(b)revokes the declaration under section 68A of the Principal Act.

[10] Ss 63–66:

S. 63 amended by No. 26/1987 s. 11(2), repealed by No. 20/1996 s. 6.

S. 63(1) (repealed): See note 9.

S. 64 amended by No. 26/1987 s. 11(2), repealed by No. 20/1996 s. 6.

S. 65 amended by Nos 26/1987 ss 13(1)–(4), 21, 57/1989 s. 3(Sch. item 97.3), repealed by No. 20/1996 s. 6.

S. 65(1) (repealed): See note 9.

S. 66 amended by No. 26/1987 ss 11(2), 21, repealed by No. 20/1996 s. 6.

S. 66(1) (repealed): Sections 17, 18 of the Housing (Amendment) Act 1996, No. 20/1996 (repealed) read as follows:

17Saving provision—Directions

Subject to section 68A of the Principal Act, nothing in this Act affects any directions issued under section 66(1) of the Principal Act (or any corresponding previous enactment) and in force immediately before the commencement of this Act.

18Transitional provisions—section 67

Nothing in this Act prevents the Director from—

(a)enforcing a charge under section 67(2) of the Principal Act as in force immediately before the commencement of this Act on land the subject of a direction under section 66(1) as so in force;

(b)recovering any expenses incurred under section 67(1) of the Principal Act as in force immediately before the commencement of this Act or any interest accrued under section 67(2A) of the Principal Act as so in force in respect of such expenses.

[11] S. 67(1): Sections 17, 18 of the Housing (Amendment) Act 1996, No. 20/1996 (repealed) read as follows:

17Saving provision—Directions

Subject to section 68A of the Principal Act, nothing in this Act affects any directions issued under section 66(1) of the Principal Act (or any corresponding previous enactment) and in force immediately before the commencement of this Act.

18Transitional provisions—section 67

Nothing in this Act prevents the Director from—

(a)enforcing a charge under section 67(2) of the Principal Act as in force immediately before the commencement of this Act on land the subject of a direction under section 66(1) as so in force;

(b)recovering any expenses incurred under section 67(1) of the Principal Act as in force immediately before the commencement of this Act or any interest accrued under section 67(2A) of the Principal Act as so in force in respect of such expenses.

[12] S. 67(2): See note 11.

[13] S. 67(2A): See note 11.

[14] S. 68(1): See note 9.

[15] S. 68A: See note 9.

[16] S. 68A: See note 11.

[17] S. 69 (repealed): Section 20 of the Housing (Amendment) Act 1996, No. 20/1996 (repealed) read as follows:

20Saving provision—section 69

Despite the repeal of section 69 of the Principal Act, nothing in this Act affects the right of a purchaser to rescind, or recover damages from the owner in respect of, a contract entered into before the commencement of this Act.

[18] S. 70(1) (repealed): Section 21 of the Housing (Amendment) Act 1996, No. 20/1996 (repealed) read as follows:

21Saving provision—section 70

A certificate issued by the Director under section 70(1) of the Principal Act as in force immediately before the commencement of this Act continues to be conclusive proof of the matters referred to in section 70(2) of the Principal Act as so in force.

[19] S. 70(2) (repealed): See note 18.

[20] S. 71A (repealed): Section 22 of the Housing (Amendment) Act 1996, No. 20/1996 (repealed) read as follows:

22Saving provision—section 71A

Despite the repeal of section 71A of the Principal Act, nothing in this Act affects any immunity acquired in respect of a declaration referred to in that section.