Housing Act 2003 (Qld)

Housing Act 2003

An Act about the provision of housing and related matters

Part 1    Preliminary

Division 1 Introduction

1   Short title

This Act may be cited as the Housing Act 2003.

2   Commencement

This Act commences on a day to be fixed by proclamation.

Division 2 Application, objects and guiding principles

3   Act binds all persons

(1)This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)Subsection (1) does not make the State, the Commonwealth or another State liable for an offence.

4   Main objects

The main objects of this Act are—

(a)to improve the access of Queenslanders to safe, secure, appropriate and affordable housing; and

(b)to help build sustainable communities.

5   How the objects are to be primarily achieved

The objects are to be achieved primarily by making provision about the following matters—

(a)housing-related activities carried on by the State, including—

(i)providing public housing and other housing services; and

(ii)developing, undertaking or supporting other housing programs and initiatives;

(b)a system, for supporting and regulating certain types of entities providing housing services, that includes—

(i)registering the entities; and

(ii)giving them financial assistance, making land available to them or giving them other types of assistance; and

(iii)regulating how they provide housing services using the assistance.

6   Guiding principles

This Act is to be administered in a way that has sufficient regard to the following principles—

(a)the availability of safe, secure, appropriate and affordable housing in a community—

(i)enhances the quality of life of people living in the community; and

(ii)contributes to the wellbeing of the community by enabling people to participate in its social and economic life;

(b)the need for safe, secure, appropriate and affordable housing can be met by entities from government, industry and the community, acting separately and in partnership;

(c)a community is sustainable if—

(i)it is socially and economically diverse, cohesive, resilient and adaptable; and

(ii)it has access to appropriate services and amenities;

(d)housing services should be provided in a way that responds to the diverse and changing needs of individuals, families and other households;

(e)the State’s provision of housing services should—

(i)provide leadership and promote best practice in housing provision and residential development; and

(ii)be integrated, as far as is reasonably practicable, with the provision of other government social services;

(f)individuals being provided with housing under this Act should have access, as far as is reasonably practicable, to an appropriate choice of housing types and tenures;

(g)housing services should be provided in a way that has appropriate regard to—

(i)local and regional differences; and

(ii)cultural diversity; and

(iii)Aboriginal tradition and Island custom;

Note—

Aboriginal tradition means the body of traditions, observances, customs and beliefs of Aboriginal people generally or of a particular community or group of Aboriginal people, and includes any such traditions, observances, customs and beliefs relating to particular persons, areas, objects or relationships—see the Acts Interpretation Act 1954, schedule 1.
Island custom, known in the Torres Strait as Ailan Kastom, means the body of customs, traditions, observances and beliefs of Torres Strait Islanders generally or of a particular community or group of Torres Strait Islanders, and includes any such customs, traditions, observances and beliefs relating to particular persons, areas, objects or relationships—see the Acts Interpretation Act 1954, schedule 1.

(h)the needs, views and interests of consumers of housing services, indigenous community members and representatives, non-government entities, industry bodies and local governments should be taken into account in developing government housing policy.

Division 3 Interpretation

7   Definitions

The dictionary in schedule 4 defines particular words used in this Act.

8   Key concepts

(1)A housing service is a social housing service or an ancillary housing service.

(2)A social housing service is the provision of housing to an individual for residential use, other than crisis accommodation.

(3)A community housing service is a social housing service that is not public housing.

(4)Public housing is a social housing service provided directly by the State.

(5)An ancillary housing service is any of the following—

(a)giving financial or other assistance to enable an individual to—

(i)buy or lease a residence or obtain housing in another way; or

(ii)modify or maintain a residence;

(b)any of the following kinds of services—

(i)tenant advisory services;

(ii)tenant advocacy services;

(iii)home maintenance services;

(iv)home modification services;

(v)housing-related referral and information services;

(vi)provision of crisis accommodation;

(vii)a prescribed service.

9   [Repealed]

Division 4 Queensland Housing Fund

10   Queensland Housing Fund

(1)The Queensland Housing Commission Fund under the repealed Act is continued in existence as the Queensland Housing Fund.

(2)The Financial Accountability Act 2009 applies to the fund.

(3)Accounts for the fund must be kept as part of the departmental accounts.

(4)Amounts received for the fund must be deposited in a departmental financial-institution account of the department, but may be deposited in an account used for depositing other amounts of the department.

(5)Amounts received for the fund include—

(a)amounts paid to the department as part of its vote under the Financial Accountability Act 2009 and made available by the department for use under this Act; and

(b)amounts received from the Commonwealth for providing housing services; and

(c)repayments for loans made under this Act; and

(d)rent payments for public housing provided under this Act; and

(e)the proceeds of the sale of portfolio property; and

(f)other amounts received by the department under this Act.

(6)An amount is payable from the fund for the purposes of this Act.

Examples of amounts payable from the fund—

•grants to registered providers

•loans to individuals to obtain housing

•purchases of land for the property portfolio

•costs of administering this Act

(7)Other amounts may be paid into, or out of, the fund for non-housing purposes but an amount may not be paid out of the fund for a non-housing purpose that is more than the amount paid into the fund for that non-housing purpose.

(8)An amount may be paid into the fund under this section only if the amount is not required, under the Financial Accountability Act 2009 or another Act, to be paid into another fund or an account other than a departmental account.

(9)In this section—

departmental accounts means the accounts of the department under the Financial Accountability Act 2009, section 69.

non-housing purpose means a purpose other than a purpose of this Act.

other amounts of the department means amounts received by the department other than amounts received for the fund.

Part 2    Chief executive’s functions and powers

Division 1 Functions

11   Functions

(1)The chief executive is responsible for using the Queensland Housing Fund and portfolio property in ways that best achieve the objects of this Act.

(2)The ways that the chief executive may use the fund or property include—

(a)providing public housing; and

(b)providing grants, loans, land or other assistance to—

(i)individuals in need of housing services; and

(ii)entities providing housing services; and

(iii)entities providing housing for their employees or contractors; and

(c)conducting housing-related research; and

(d)developing, undertaking or supporting other housing programs and initiatives to—

(i)promote the development and sustainability of the housing sector; and

(ii)improve the responsiveness of the housing sector to housing need, housing design issues and planning issues; and

(iii)otherwise help the housing sector to meet the demand for safe, secure, appropriate and affordable housing; and

Examples for paragraph (d)—

•leasing commercial premises in conjunction with the provision of public housing

•providing funding for activities carried on by peak housing and industry organisations

(e)providing housing-related infrastructure.

(3)Subsections (1) and (2) do not limit the chief executive’s other functions under this or another Act or law.

Division 2 Powers

12   General powers

(1)The chief executive has, under the Minister and as agent of the State, all the powers of the State that are necessary or desirable for performing the chief executive’s functions under this Act.

(2)Without limiting subsection (1), the chief executive may, for example, in performing the chief executive’s functions—

(a)enter into contracts; and

(b)acquire, hold, lease, sell and otherwise deal with land and other property; and

(c)carry out building and related works and make other improvements to land; and

(d)appoint agents and attorneys; and

(e)charge for goods and services supplied.

(3)The chief executive may, on the terms and conditions and subject to the restrictions, exceptions and reservations the chief executive thinks fit, dispose of portfolio property that is surplus to the requirements of the department.

13   Power to make loans and investments

(1)The chief executive may make loans and investments, and pay amounts out of a departmental financial-institution account of the department to make a loan or investment, to achieve the objects of this Act.

(2)Subsection (1) applies despite the Financial Accountability Act 2009, section 87.

(3)Subject to other laws, the chief executive may set interest rates for the loans in the way the chief executive considers appropriate.

14   Waiver of amounts owed

(1)This section applies if a person owes an amount to the chief executive arising out of, or relating to, the chief executive’s provision of a housing service.

Examples of amounts that may be owed to the chief executive—

•a rental payment

•an instalment due under a loan agreement

•an amount of compensation for damage caused to a rental property

(2)The chief executive may waive, entirely or partly, payment of the amount if the chief executive is satisfied the waiver is appropriate in all the circumstances.

(3)The chief executive may waive payment unconditionally or on the conditions the chief executive considers appropriate.

Example—

The chief executive may waive payment of part of an amount owed by a person on the condition that the person enters into a written agreement about repayment of the rest of the amount.

(4)In making a decision under this section about waiving payment of an amount owed by a person, the chief executive must have regard to all the relevant circumstances of which the chief executive is aware, including, for example—

(a)the size of the amount owed; and

(b)why the person owes the amount; and

(c)whether payment of the amount would cause the person financial hardship; and

(d)the person’s likely ability to repay the amount in the future; and

(e)any special circumstances relevant to whether it would be fair to enforce payment of the amount.

15   Powers not limited

This Act does not limit the chief executive’s powers under another Act or law.

Example of a power under another Act—

a power of the State delegated to the chief executive under the Constitution of Queensland 2001, section 55

Part 3    Obligations relating to social housing services

Division 1 Giving information to the chief executive or funded provider

16   Housing service information

(1)This division applies to information (housing service information) that a person gives to the chief executive for the purpose of a decision by the chief executive about—

(a)whether to provide a housing service to the person; or

(b)the type of housing service to provide to the person; or

(c)the terms on which to provide a housing service to the person.

(2)Housing service information may include, for example, information given by a person—

(a)in an application for a housing service; or

(b)in compliance with a lease agreement, loan agreement or other agreement with the chief executive about providing a housing service to the person; or

(c)while a housing service is being provided to the person, in response to a query from the chief executive.

17   False or misleading information

(1)A person must not give the chief executive or a funded provider housing service information that the person knows is false or misleading in a material particular.

Examples—

1A person applies to the chief executive for a loan to buy a house. The application includes false information about the person’s financial circumstances.

2A person applies to the chief executive to be provided with rental accommodation. The application is accompanied by a declaration about the person’s income, made by the person’s employer, that the person knows to be false.

3A person is renting a house from a funded provider. In response to a query from the funded provider, the person gives false information about the income of persons living in the house.

Maximum penalty—10 penalty units.

(2)Subsection (1) does not apply to a person who gives the chief executive or a funded provider a document containing housing service information if the person, when giving the document—

(a)tells the chief executive or the funded provider, to the best of the person’s ability, how it is false or misleading; and

(b)if the person has, or can reasonably obtain, the correct information—gives the correct information.

18   Notice of changes in information

(1)This section applies only to housing service information prescribed under a regulation.

(2)Within 28 days after there is a change in housing service information that a person has given to the chief executive or a funded provider, the person must give the chief executive or funded provider notice of the change, unless the person has a reasonable excuse.

Maximum penalty—10 penalty units.

Division 2 Other matters

19   Unauthorised use or subletting of rental accommodation

(1)This section applies to a provision of a residential tenancy agreement between the chief executive and a person that—

(a)the person must use the premises as the person’s place of residence; or

(b)the person must not sublease the premises; or

(c)the person must not use the premises, or allow the premises to be used, for a purpose other than a place of residence; or

(d)the person must not allow the premises to be used as the place of residence of—

(i)anyone other than the person, the person’s family or other stated persons; or

(ii)more than a stated number of persons.

(2)The person must not contravene the provision.

Maximum penalty—10 penalty units.

(3)The person does not contravene the provision only by a non-use, sublease or use of the premises under written authority from the chief executive.

(4)Subsection (2) does not limit another consequence of a contravention of the provision.

Example for subsection (4)—

A person’s contravention of a residential tenancy agreement with the chief executive may be an offence against subsection (2) and may also allow the chief executive to take action, as lessor, under the Residential Tenancies and Rooming Accommodation Act 2008.

Part 4    Funding

Division 1 Preliminary

20   [Repealed]

21   Meaning of funding and funded provider

(1)Funding is assistance provided by the chief executive—

(a)in the form of money or other assistance to a funded provider to assist the provider in providing housing services; and

(b)on condition the funded provider is accountable to the chief executive for providing the housing services and the use of the money or other assistance.

(2)A funded provider is an entity providing, or required to provide, housing services using funding.

(3)For subsection (2), it does not matter—

(a)if other resources are also used to provide the services; or

(b)that an agreement under which the funding was provided has ended.

22   Only particular providers eligible to receive funding to deliver social housing services

The chief executive may give funding to deliver a social housing service only to—

(a)a registered provider; or

(b)an exempt provider.

Division 2 Providing funding

23   Types of funding that may be provided

The chief executive may give an entity that provides, or intends to provide, a housing service funding the chief executive considers appropriate to assist the entity to provide the service, including, for example—

(a)making, on appropriate conditions, a monetary grant or a series of monetary grants to the entity; or

(b)making a secured loan to the entity; or

(c)transferring to the entity land subject to an appropriate security or covenant relating to the use of the land; or

(d)leasing land to the entity.

24   Purpose of funding

The purpose of funding an entity is to enable it to provide housing services in ways that best achieve the objects of this Act.

25   Funding agreement

(1)The chief executive may enter into an agreement (a funding agreement) with an entity for giving funding to the entity.

(2)A funding agreement may include the terms the chief executive considers appropriate.

Example for subsection (2)—

A term of a funding agreement may provide that, if the funded provider deals with a stated amount in a way that contravenes a stated prescribed requirement, the amount is repayable to the chief executive.

26   Demand for repayment of unexpended amounts

(1)This section applies if—

(a)a funding agreement with a funded provider ends; and

(b)an amount that the chief executive paid to the provider under the agreement has not been expended.

(2)The chief executive may give the provider a notice (a show cause notice) stating—

(a)that the chief executive proposes to demand repayment of the unexpended amount; and

(b)that the provider may, within a stated time of at least 7 days, give the chief executive a written response about the proposed demand.

(3)After considering any written response received from the provider within the stated time, the chief executive may demand repayment of all or some of the amount stated in the show cause notice.

(4)If the chief executive decides not to demand repayment of any of the amount, the chief executive must give the provider notice of the decision.

(5)The chief executive may recover the demanded amount as a debt owed to the State.

(6)This section does not limit the ways the chief executive may demand payment of, or recover, an amount owed to the chief executive.

27   No entitlement to funding

The chief executive is not required to give funding to an entity, or to enter into a funding agreement with an entity, merely because the entity is a registered provider.

28   [Repealed]

29   [Repealed]

30   [Repealed]

31   [Repealed]

32   [Repealed]

Division 3 Compliance with prescribed requirements

33   Prescribed requirements

(1)A regulation may prescribe requirements relating to the provision of housing services for which a funded provider receives funding.

(2)Without limiting subsection (1), a regulation may prescribe a requirement about—

(a)how a funded provider conducts its operations while providing a housing service for which the provider receives funding, including—

(i)financial management and accountability; and

(ii)corporate governance; and

(b)how a funded provider delivers services to clients, including—

(i)deciding eligibility and priority for services; and

(ii)giving information; and

(iii)resolving disputes; and

(c)other matters about providing a housing service for which the provider receives funding, including—

(i)tenancy management; and

(ii)rent assessment and collection; and

(iii)property management.

(3)A requirement may include provision about—

(a)preparing, maintaining, publishing or implementing a policy; or

(b)reporting to the chief executive.

34   Funded provider must comply with prescribed requirements

A funded provider must not contravene a prescribed requirement relating to the provision by the provider of a housing service for which the provider receives funding.

Notes—

1Under section 35, a funded provider may be given a compliance notice requiring the provider to remedy a contravention of a prescribed requirement.

2The extent of a funded provider’s compliance with, or contravention of, a prescribed requirement is likely to be a relevant matter for the chief executive to consider when deciding the further funding, if any, to give to the provider under this part.

3A funding agreement may include a provision about the consequences of a contravention of a prescribed requirement.

4Noncompliance by a funded ancillary provider with certain types of prescribed requirements may lead to the appointment of an interim manager to the business of that provider—see sections 40 and 41.

35   Compliance notice

(1)This section applies if the chief executive reasonably believes a funded provider—

(a)is contravening a prescribed requirement; or

(b)has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated.

(2)The chief executive may give the provider a notice (a compliance notice) requiring the provider to remedy the contravention.

(3)The compliance notice must state the following—

(a)that the chief executive reasonably believes the provider—

(i)is contravening a prescribed requirement; or

(ii)has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated;

(b)the prescribed requirement the chief executive believes is being, or has been, contravened;

(c)briefly, how it is believed the prescribed requirement is being, or has been, contravened;

(d)that the provider must remedy the contravention within a stated reasonable time;

(e)that it is an offence to fail to comply with the compliance notice unless the provider has a reasonable excuse.

(4)The compliance notice may also state the steps that the chief executive reasonably believes are necessary to remedy the contravention, or avoid further contravention, of the prescribed requirement.

(5)The provider must comply with the compliance notice unless the provider has a reasonable excuse.

Maximum penalty—20 penalty units.

(6)If the provider contravenes subsection (5)—

(a)the chief executive is not required to give any funding or further funding, to the provider under a funding agreement in force when the relevant compliance notice was given, despite any provision of the agreement; and

(b)the chief executive may include in the register a note about the contravention that the chief executive considers appropriate.

(7)This section does not limit—

(a)a remedy available to the chief executive under a funding agreement; or

(b)the chief executive’s powers apart from this section.

Division 5 [Repealed]

(Repealed)

Part 4A    Community housing providers

Division 1 Preliminary

36   Objects of this part

This part establishes a system for the registration, monitoring and regulation of entities providing community housing services—

(a)to encourage the development, viability and quality of community housing services; and

(b)to promote confidence in the good governance of registered providers of community housing services, in order to facilitate greater investment in the community housing sector; and

(c)to make it easier for providers of community housing services to operate in more than 1 participating jurisdiction.

Note—

Part 4A implements the State’s obligations under the Inter-Governmental Agreement for a National Regulatory System for Community Housing Providers.

36A   Meaning of primary jurisdiction

(1)The primary jurisdiction of a national provider, or a national entity (a potential provider) intending to provide a community housing service, is—

(a)the participating jurisdiction in which the national provider provides, or the potential provider intends to provide, most of its community housing services; or

(b)if the registrars of each participating jurisdiction agree to a different primary jurisdiction—that jurisdiction.

(2)The registrars of each participating jurisdiction may agree to a different primary jurisdiction for a national provider or potential provider at any time whether or not on the application of the national provider or potential provider.

(3)As soon as practicable after agreeing on a different primary jurisdiction for a national provider or potential provider, the registrar of the provider’s new primary jurisdiction must—

(a)give the national provider or potential provider notice of its new primary jurisdiction; and

(b)record the new primary jurisdiction on the national register.

(4)For subsection (1)(a), a community housing service provided by a national provider, or intended to be provided by a potential provider, in a jurisdiction other than a participating jurisdiction is not to be taken into account in deciding where most of the national provider’s or potential provider’s community housing services are, or will be, provided.

36B   Extraterritorial operation of pt 4A

It is the intention of the Parliament that, as far as the legislative power of the Parliament permits, the operation of this part includes operation in relation to the following—

(a)things situated in or outside the territorial limits of the State;

(b)acts, transactions, and matters done, entered into or occurring in or outside the territorial limits of the State;

(c)things, acts, transactions and matters, wherever situated, done, entered into or occurring, that would, apart from this part, be governed or otherwise affected by the law of another jurisdiction.

36C   Chief executive declared to be housing agency

For the purpose of the corresponding laws of the other participating jurisdictions, the chief executive as agent for the State is declared to be the housing agency for this jurisdiction.

Note—

See definition, housing agency in schedule 4 (Dictionary).

Division 2 Registrar

36D   Appointment

(1)The chief executive may appoint an appropriately qualified person as the registrar of—

(a)the national register for this jurisdiction; and

(b)the state register.

(2)The registrar is to be appointed and employed under the Public Sector Act 2022.

36E   Independence of registrar

(1)Subject to the Minister and the chief executive, the registrar is to control—

(a)the national register for this jurisdiction; and

(b)the state register.

(2)However, the registrar is not subject to the control of the Minister or the chief executive in making decisions about any of the following matters—

(a)the approval or refusal of an application for registration on the national register for this jurisdiction or the state register;

(b)the imposition of conditions on the registration of a registered provider, including the imposition of an additional standard condition on the registration of a national provider;

(c)the variation of a national provider’s category of registration;

(d)the exercise of an enforcement or intervention function or power under division 4;

(e)the cancellation of a registered provider’s registration on the national register or the state register.

36F   Functions of registrar

(1)The registrar has the following functions—

(a)maintaining—

(i)the national register, jointly with the registrars for the other participating jurisdictions; and

(ii)the state register;

(b)assessing the suitability of applicants for registration;

(c)registering—

(i)national entities, for which this jurisdiction is or will be the primary jurisdiction, as national providers; and

(ii)local governments and other entities as state providers;

(d)cancelling the registration of registered providers;

(e)monitoring and enforcing compliance by registered providers with this Act and exercising enforcement and intervention functions under division 4;

(f)investigating complaints about the compliance by registered providers with this Act;

(g)any other functions conferred or imposed on the registrar under this Act or another Act.

(2)The registrar has the following additional functions in relation to the national register—

(a)providing information about the registration of national entities and the compliance by national providers with this Act;

(b)sharing information and cooperating with the registrars of the other participating jurisdictions for the purposes of this Act and corresponding laws;

(c)providing information and advice to the Minister and chief executive about registration of national entities, the regulation of national providers and any other matters under this Act or a corresponding law.

36G   Powers of registrar

The registrar has the power necessary or convenient to carry out the registrar’s functions.

36H   Registrar must comply with guidelines

In performing a function in relation to the national register, the registrar must comply with any guidelines made jointly by the Minister and each Minister responsible for the administration of a corresponding law for a participating jurisdiction, and published—

(a)in the New South Wales Government Gazette; or

(b)on the New South Wales legislation website.

36I   Registrar not personally liable

The registrar is not personally liable for any matter or thing done or omitted to be done in good faith in the performance of a function, or the exercise of a power, of the registrar under this Act.

36J   Delegation of registrar’s functions or powers

(1)The registrar may delegate the registrar’s functions and powers under this Act to—

(a)if the function or power relates to the state register—an appropriately qualified officer of the department; or

(b)if the function or power relates to the national register—

(i)the registrar of another participating jurisdiction; or

(ii)an appropriately qualified officer of the department; or

(iii)a prescribed person or a member of a prescribed class of persons.

(2)Without limiting subsection (1), the functions and powers relating to the national register that may be delegated by the registrar include—

(a)functions and powers of the registrar as the primary registrar for a national provider, or a national entity intending to provide a community housing service; and

(b)functions and powers delegated to the registrar by the registrar of another participating jurisdiction.

(3)However, the registrar may delegate the following functions or powers only to an authorised officer—

(a)the power to request the provision of information relating to a registered provider’s affairs, including a specified document or record, as mentioned in schedule 2, section 4;

(b)the power to request a registered provider attend a meeting to answer questions about the provider’s affairs, as mentioned in schedule 2, section 5;

(c)the power to enter a registered provider’s premises to inspect the premises or the provider’s records, as mentioned in schedule 2, section 6;

(d)a power or function conferred on the registrar by the corresponding law of a participating jurisdiction that corresponds to the conditions of registration mentioned in schedule 3, part 1, sections 3 to 5.

Division 3 Registration

37   Registers established

(1)The national register of national entities providing community housing services is established.

(2)It is the intention of the Parliament that this part, together with the corresponding laws of the other participating jurisdictions, has the effect that the national register is a single national register.

(3)The state register of local governments and prescribed state providers providing community housing services is established.

Note—

A state provider may provide a community housing service only within this jurisdiction—see schedule 3, part 2, section 7.

37A   Information on register

(1)This section applies if the registrar approves an application by—

(a)a national entity for which this jurisdiction is, or will be, the primary jurisdiction for registration on the national register; or

(b)a local government or a prescribed state provider for registration on the state register.

(2)The registrar must include the following information on the national register or the state register, for the entity, local government or prescribed state provider (the provider)—

(a)name and identifying details;

(b)the conditions applying to the registration;

(c)a copy of any notice of intent to cancel registration issued to the provider;

(d)whether the registration has been cancelled at any time and details of the cancellation, including a copy of the notice of cancellation;

(e)a copy of any binding instructions issued to the provider;

(f)details of the appointment of a statutory manager for the provider, including a copy of the relevant instrument of appointment;

(g)any other information the registrar considers relevant.

(3)If the provider is a national entity the registrar must also include the following information for the provider on the national register—

(a)the category of registration of the provider;

(b)the primary jurisdiction;

(c)each other participating jurisdiction in which the provider has a national community housing asset.

(4)The registrars of each participating jurisdiction may agree to divide the national register into different parts to assist in the administration of the national register.

(5)The registrar may, at any time, by notice to a national provider for which the registrar is the primary registrar—

(a)vary the category of registration of the provider; and

(b)move the registration of the provider to another part of the national register.

Note—

A decision by the registrar to vary the category of a national provider’s registration is reviewable—see section 63(2)(a).

(6)Information on the national register and the state register must be publicly available.

(7)The registrar may, on payment of the prescribed fee, give a person a copy of information kept on the relevant register.

37B   Application for registration or variation of registration

(1)An entity (the applicant) providing or intending to provide a community housing service may apply to the registrar—

(a)if the applicant is a national entity for which the registrar is or will be the primary registrar—for registration on the national register; or

(b)if the applicant is a national provider for which the registrar is the primary registrar—for variation of the provider’s existing registration on the national register; or

(c)if the applicant is a local government or a prescribed state provider—for registration on the state register.

(2)An application under subsection (1) must be—

(a)in the approved form; and

(b)accompanied by the prescribed fee.

(3)If the registrar receives an application from a national entity or national provider for which the registrar is not, or will not be, the primary registrar, the registrar must refer the application to the primary registrar for the applicant.

(4)The registrar may require the applicant to give the registrar further information or documents the registrar reasonably requires to decide the application, including information or documents relating to—

(a)the performance of the applicant’s functions and any arrangement the applicant has entered into with another entity in relation to the performance of the applicant’s functions; or

Example—

A national entity that is a consolidated entity within the meaning of the Corporations Act 2001 (Cwlth), section 9, may be required to give the registrar information about changes to the consolidated entity’s group structure.

(b)the applicant’s affairs.

(5)However, subsection (4) does not authorise the registrar to require information or a document that identifies an individual who is an occupier of residential premises.

37C   Deciding application

(1)The registrar must approve an application made under section 37B(1)(a) or (b) by a national entity or a national provider if the registrar is satisfied that—

(a)the entity or provider is providing, or intends to provide, community housing services, most of which are or will be provided in this jurisdiction; and

(b)the entity or provider will comply with this Act and the corresponding law of each participating jurisdiction in which the entity or provider provides, or will provide, a community housing service; and

(c)the entity or provider will comply with any condition applying to the entity or provider’s registration, or the provider’s registration as varied; and

(d)approval of the application is appropriate in the circumstances having regard to—

(i)the main objects of this Act and how the objects are to be primarily achieved; and

(ii)the objects of this part.

(2)The registrar must approve an application made under section 37B(1)(c) by a local government or a prescribed state provider if the registrar is satisfied that—

(a)the local government or prescribed state provider is providing, or intends to provide, a community housing service in this jurisdiction only; and

(b)the local government or prescribed state provider will comply with this Act and the conditions applying to the local government’s or the provider’s registration; and

(c)approval of the application is appropriate in the circumstances having regard to—

(i)the main objects of this Act and how the objects are to be primarily achieved; and

(ii)the objects of this part.

Note—

A decision by the registrar to refuse an application for registration, or an application by a national provider for variation of its registration, is reviewable—see section 63(2)(b).

37D   Conditions of registration

(1)A registered provider must comply with—

(a)each condition applying to the provider’s registration; and

(b)each provision (an applicable code provision) of the national regulatory code in schedule 1 that is identified on the relevant register as applying to the provider’s registration.

Note—

A failure to comply with subsection (1) is not an offence but is a ground for the registrar to give a registered provider a notice of noncompliance.

(2)Schedule 2 sets out the conditions that apply to the registration of each registered provider.

(3)Schedule 3, part 1 sets out the conditions that apply to the registration of a national provider for which this jurisdiction is the primary jurisdiction.

(4)Schedule 3, part 2, sets out the conditions that apply to the registration of a state provider.

37E   Additional standard conditions for national providers

(1)The registrars of each participating jurisdiction may agree to conditions of registration (each an additional standard condition) for national providers.

(2)The registrar may impose 1 or more additional standard conditions on the registration of a national provider for which this jurisdiction is the primary jurisdiction—

(a)at the time the registrar decides the provider’s application for registration; or

(b)at any other time by notice given to the provider.

Note—

A decision by the registrar to impose an additional standard condition is reviewable —see section 63(2)(c).

(3)The registrar must—

(a)give the national provider an opportunity to make a submission on a proposed notice under subsection (2)(b); and

(b)take any submission made by the provider into account before giving the notice to the provider.

(4)An additional standard condition imposed on the registration of a national provider for which this jurisdiction is the primary jurisdiction applies in addition to—

(a)the conditions set out in schedule 2; and

(b)the conditions set out in schedule 3, part 1; and

(c)any applicable code provision.

37F   Individual occupier of residential premises

Nothing in section 37D or 37E authorises—

(a)a registered provider to give information that identifies an individual who is an occupier of residential premises, without the individual’s consent, to—

(i)the registrar; or

(ii)if the provider is a national provider—the registrar of another participating jurisdiction; or

(b)the registrar, or the registrar of another participating jurisdiction, to enter residential premises occupied by an individual, without the individual’s consent.

37G   Cancellation of registration

(1)The registrar may cancel the registration of a national provider for which the registrar is the primary registrar, or a state provider, if the provider—

(a)has applied to the registrar for the cancellation of the provider’s registration; or

(b)has been wound up or has otherwise ceased to exist.

(2)An application under subsection (1)(a) must be made in the approved form.

(3)The registrar may refuse the application only if—

(a)for a national provider—the registrar is not satisfied each national community housing asset of the provider has been transferred under section 37H(2) or the corresponding law of another participating jurisdiction that applies to the provider or the asset; or

(b)for a state provider—the registrar is not satisfied each state community housing asset of the provider has been transferred under section 37H(3).

(4)The registrar may also cancel the registration of a national provider for which the registrar is the primary registrar, or a state provider, if—

(a)the registrar has given the provider a notice of intent to cancel registration under section 38C; and

(b)the provider has not, within the time stated in the notice, satisfied the registrar that the provider’s registration should not be cancelled; and

(c)the registrar has given the provider notice under section 64 of the registrar’s decision to cancel the provider’s registration.

Note—

A decision by the registrar to cancel a registered provider’s registration or to refuse an application by a registered provider for cancellation of the provider’s registration is reviewable—see section 63(2)(d).

37H   Community housing assets to be transferred if registration cancelled

(1)This section applies if—

(a)a registered provider intends to apply for cancellation of the provider’s registration; or

(b)the registrar cancels the registration of a registered provider under section 37G(4).

(2)If the registered provider is a national provider, the provider must take all reasonable steps to ensure that on or before the relevant day for the provider, the provider transfers each of its national community housing assets to—

(a)if the asset is located in this jurisdiction—

(i)the chief executive; or

(ii)if another entity is prescribed—the prescribed entity; or

(iii)if the chief executive consents in writing—another national provider or state provider; or

(b)if the asset is located in another participating jurisdiction—

(i)the housing agency of that jurisdiction; or

(ii)if the corresponding law of that jurisdiction prescribes another entity—the prescribed entity.

(3)If the registered provider is a state provider, the provider must take all reasonable steps to ensure that on or before the relevant day for the provider, the provider transfers each of its state community housing assets to—

(a)the chief executive; or

(b)if another entity is prescribed—the prescribed entity; or

(c)if the chief executive consents in writing—another national provider or state provider.

(4)If the chief executive consents under subsection (2)(a)(iii) or (3)(c) to the transfer of a community housing asset to another national provider or state provider—

(a)the chief executive may impose conditions on the consent that the chief executive considers appropriate; and

(b)if the chief executive imposes conditions—the national provider or the state provider transferring the community housing asset must comply with the conditions when the provider is transferring the asset.

(5)If a registered provider fails to comply with subsection (2), (3) or (4), the provider is taken to have contravened each funding agreement to which the provider is a party.

(6)In this section—

relevant day, for a registered provider, means—

(a)for a registered provider intending to apply for cancellation of the provider’s registration—

(i)the day before the provider applies for cancellation; or

(ii)if, before the provider applies for the cancellation, the registrar and the provider agree in writing that a stated day will be the relevant day for the provider—the stated day; or

(b)for a registered provider whose registration is cancelled under section 37G(4)—

(i)the day that is 6 months after the day on which the provider receives the notice under section 64 of the cancellation; or

(ii)if, before the day mentioned in subparagraph (i), the registrar and the provider agree in writing that a stated day will be the relevant day for the provider—the stated day.

Division 4 Enforcement powers of registrar

38   Registrar may take action

(1)The registrar may take action under this division in relation to the following—

(a)a national provider for which the registrar is the primary registrar;

(b)a state provider.

(2)The registrar may take action under this division against a registered provider mentioned in subsection (1) if the registrar reasonably believes the provider is not complying with—

(a)this Act; or

(b)if the provider is a national provider—a corresponding law that applies to the provider.

38A   Notice of noncompliance

(1)If the registrar decides to take action under this division in relation to a registered provider, the registrar may give the provider a notice (a notice of noncompliance) stating—

(a)that the registrar reasonably believes the provider is not complying with—

(i)this Act; or

(ii)if the provider is a national provider—a corresponding law that applies to the provider; and

(b)the provision of this Act or of the corresponding law the registrar believes is not being, or has not been, complied with; and

(c)briefly, how the registrar believes the provision is not being, or has not been, complied with; and

(d)the reasonable steps the provider must take to rectify the noncompliance; and

(e)the time within which the provider must take steps to rectify the noncompliance; and

(f)that the consequences of the provider failing to rectify the noncompliance within the stated time may include cancellation of the provider’s registration.

(2)If the provider is a national provider, the registrar must give a copy of the notice of noncompliance to the registrar of each other participating jurisdiction.

38B   Binding instructions to rectify noncompliance

(1)The registrar may give a registered provider written instructions (the binding instructions) about the way in which the provider is to address a matter that is the subject of a notice of noncompliance the registrar has given the provider.

Note—

A decision by the registrar to issue binding instructions to a registered provider is reviewable—see section 63(2)(e).

(2)The registrar may give more than 1 set of binding instructions for a notice of noncompliance.

(3)The registered provider and each relevant person for the provider must comply with the binding instructions within the period, if any, stated in the instructions.

Note—

A failure to comply with subsection (3) is not an offence but is a ground for the registrar to give a registered provider a notice of intention to cancel the provider’s registration.

(4)In deciding whether to give binding instructions to the registered provider the registrar must—

(a)consider the interests of any tenants of the provider; and

(b)if the provider is a national provider—take all steps reasonably practicable to obtain the views of a regulatory body the registrar considers has a relevant interest in the matter.

Example for paragraph (b)—

in considering whether to give binding instructions under this section to a national provider that is a company limited by shares under the Corporations Act 2001 (Cwlth), the registrar takes steps to obtain the views of the Australian Securities and Investments Commission

(5)In this section—

relevant person, for a registered provider, means—

(a)a member of the provider’s governing body; or

(b)an officer or employee of the provider.

38C   Notice of intent to cancel registration

(1)This section applies if the registrar reasonably believes a registered provider—

(a)has not addressed the matters stated in a notice of noncompliance given to the provider within the period stated in the notice; or

(b)has not complied with binding instructions given to the provider within the period, if any, stated in the instructions; or

(c)has failed to comply with a provision of this Act or, if the provider is a national provider, a corresponding law of another participating jurisdiction, and urgent steps are required because the failure has potentially serious consequences.

Example for paragraph (c)—

a failure by a registered provider to comply with this Act that creates a risk to the health and safety of the provider’s tenants

(2)The registrar may give the registered provider a notice (a notice of intent to cancel registration) that the registrar intends to cancel the provider’s registration.

(3)The notice of intent to cancel registration must state—

(a)the reasons the registrar considers registration should be cancelled; and

(b)that the provider’s registration will be cancelled unless, within the period stated in the notice, the provider satisfies the registrar that the provider’s registration should not be cancelled.

(4)The stated period in a notice of intent to cancel registration—

(a)must be not less than 14 days after the day the notice is given to the registered provider; and

(b)may be extended in writing by the registrar at the provider’s request, if the registrar is satisfied that there are good reasons for extending the period.

(5)If the provider is a national provider, the registrar must also give a copy of the notice of intent to cancel registration to the registrar of, and the housing agency for, each other participating jurisdiction.

38D   Statutory managers

(1)The registrar may, by instrument, appoint a person (a statutory manager) to conduct the affairs and activities of a registered provider, to the extent the affairs and activities relate to the provider’s community housing assets.

Note—

A decision by the registrar to appoint a statutory manager is reviewable—see section 63(2)(f).

(2)The registrar may appoint a statutory manager only if—

(a)the registrar has given the provider a notice of intent to cancel registration; or

(b)the registrar is satisfied the provider has failed to comply with any of the following and urgent steps are required because the failure to comply has potentially serious consequences—

(i)this Act;

(ii)if the provider is a national provider—a corresponding law of another participating jurisdiction applying to the provider;

(iii)binding instructions given to the provider.

Example of potentially serious consequences—

a failure by a registered provider to comply with this Act that creates a risk to the health and safety of the provider’s tenants

(3)The statutory manager’s instrument of appointment must state the following—

(a)the statutory manager’s name;

(b)details of the registered provider;

(c)details of the statutory manager’s functions and powers;

(d)the day the appointment takes effect;

(e)either—

(i)the day the appointment ends; or

(ii)that the appointment continues until the registrar gives notice that the appointment has ended;

(f)any conditions of the appointment;

(g)any other matter the registrar considers appropriate.

(4)A copy of the instrument of appointment must be given to the registered provider.

(5)The statutory manager—

(a)has the functions and powers stated in the manager’s instrument of appointment; and

(b)holds office on the conditions stated in the manager’s instrument of appointment.

(6)If a person appointed as statutory manager is not a public service employee, the person is entitled to be paid the remuneration decided by the chief executive.

(7)A registered provider must not, while a statutory manager is appointed for the provider, perform a function or exercise a power the statutory manager has been appointed to perform or exercise unless the statutory manager agrees to the provider performing the function or exercising the power.

Note—

A failure to comply with subsection (7) is not an offence but may be a ground for the cancellation of the registered provider’s registration.

(8)The registrar must revoke the statutory manager’s appointment if the registrar is satisfied—

(a)the registered provider is complying, or will comply—

(i)with this Act and any binding instructions given to the provider; and

(ii)if the provider is a national provider—with each corresponding law that applies to the provider; or

(b)the provider no longer provides a community housing service—

(i)in this jurisdiction; and

(ii)if the provider is a national provider—in any other participating jurisdiction; or

(c)the registered provider has been wound up or has otherwise ceased to exist.

38E   Other matters relating to performance of a function or exercise of a power by statutory manager

(1)The expenses of and incidental to the conduct of the affairs and activities of a registered provider by a statutory manager are payable by the provider.

(2)The expenses include—

(a)the remuneration of the statutory manager if the statutory manager is not a public service employee; or

(b)the reimbursement of the State of an amount certified by the chief executive as being the remuneration of the employee for the period of the employee’s appointment as statutory manager.

(3)The amount mentioned in subsection (2)(b) may be recovered in a court of competent jurisdiction as a debt due to the State.

(4)A statutory manager is not liable for any loss incurred by the registered provider during the period of the statutory manager’s appointment unless the loss was attributable to the statutory manager’s—

(a)wilful misconduct; or

(b)gross negligence; or

(c)wilful failure to comply with this Act or a corresponding law or any other law regulating the conduct of members of the governing body of the provider.

(5)Neither the State nor the registrar is liable for any loss incurred by a registered provider during the period of a statutory manager’s appointment for the registered provider, whether or not the statutory manager is liable to the provider.

38F   Displacement provisions

(1)Sections 38B and 38D are declared to be Corporations legislation displacement provisions for the Corporations Act 2001 (Cwlth), section 5G.

(2)Sections 38B and 38D prevail to the extent the sections are inconsistent with a provision of the following legislation—

(a)the Associations Incorporation Act 1981;

(b)the Co-operatives National Law (Queensland).

38G   No compensation payable by State

(1)No compensation is payable by or on behalf of the State or the registrar in connection with the operation of this division.

(2)Without limiting subsection (1), compensation is not payable by or on behalf of the State or the registrar arising directly or indirectly from any of the following—

(a)the cancellation of the registration of a registered provider;

(b)the imposition of conditions on the registration of a registered provider;

(c)the publication of a notice of intent to cancel registration;

(d)the giving of binding instructions;

(e)the appointment of a statutory manager;

(f)the performance by a person of a function or exercise of a power, or a failure by a person to perform a function or exercise a power, of a statutory manager.

(3)In this section—

compensation includes damages or any other form of monetary compensation.

Division 5 Miscellaneous

38H   Disclosure of information

The registrar must not disclose information obtained in the performance of the registrar’s functions, or exercise of the registrar’s powers, under this Act unless the disclosure is made—

(a)in connection with the administration of this Act, including disclosure of information to the Minister or the chief executive, or of another law; or

(b)with the consent of—

(i)the person from whom the information was obtained; or

(ii)if the person from whom the information was obtained is not the person to whom the information relates—the person to whom the information relates; or

(c)in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or

(d)under an authorisation provided by the guidelines mentioned in section 36H; or

(e)as expressly permitted or required by another Act.

Part 5    Appointment of interim manager for particular funded providers

Division 1 Preliminary

39   Definitions for pt 5

In this part—

business, of a funded ancillary provider, means the business of the provider to the extent that it involves any of the following activities—

(a)the provision of an ancillary housing service using funding;

(b)the management of funded property;

(c)compliance with the terms of a relevant agreement.

funded ancillary provider means a funded provider that provides an ancillary housing service but does not provide a social housing service.

funded property, for a funded ancillary provider, means property—

(a)transferred or leased by the chief executive to the funded ancillary provider for the purpose of providing an ancillary housing service; or

(b)bought or leased by the funded ancillary provider using funds entirely or partly provided by a grant, loan or other financial assistance from the chief executive for the purpose of providing an ancillary housing service.

relevant agreement, for a funded ancillary provider, means a residential tenancy agreement for which—

(a)the lessor is the funded ancillary provider; and

(b)the residential premises the subject of the agreement are funded property.

Division 2 Appointment

40   Appointment

The chief executive may appoint a person as interim manager for the business of a funded ancillary provider.

Note—

For the appointment of a statutory manager to a registered provider—see section 38D.

41   Basis for appointment

(1)The chief executive may appoint an interim manager for the business of a funded ancillary provider only if the chief executive is satisfied the appointment is reasonably necessary to ensure—

(a)in relation to the funded ancillary provider—

(i)compliance with a prescribed requirement about—

(A)deciding eligibility or priority for ancillary housing services; or

(B)rent assessment or collection; and

(ii)the proper and efficient use of funded property under the funding agreement; or

(b)in relation to a relevant agreement—compliance with an obligation under the Residential Tenancies and Rooming Accommodation Act 2008, section 185(2)(b) to (d) or (3)(a) to (c).

(2)In deciding whether the appointment is reasonably necessary, the chief executive must have regard to all of the following matters—

(a)the amount and type of property the funded ancillary provider is managing in the course of providing the ancillary housing service;

(b)the amount and type of funding provided by the chief executive to the funded ancillary provider for the ancillary housing service;

(c)the number of relevant agreements in force for the funded ancillary provider;

(d)whether the funded ancillary provider is or appears to be unwilling or unable to provide, or provide properly, the ancillary housing service for which the provider is receiving the funding;

(e)the likely consequences for the tenants under relevant agreements if the provider does not provide, or provide properly, the ancillary housing service for which the provider is receiving the funding;

(f)the likely consequences of the appointment, of which the chief executive is aware, for the funded ancillary provider and anyone else likely to be affected;

(g)any other relevant matter of which the chief executive is aware.

(3)Before making the appointment, the chief executive must consider whether it would be more appropriate to take steps other than the appointment, or not to take any steps.

42   Suitability of proposed appointee

(1)The chief executive may make the appointment only if the chief executive is satisfied the proposed appointee is suitable for the appointment under this section.

(2)In deciding whether a person is suitable for the appointment, the chief executive must have regard to the following matters—

(a)the nature of the ancillary housing service provided by the funded ancillary provider;

(b)the reason for the appointment;

(c)the person’s expertise or experience relevant to the appointment;

(d)any conflict of interest that may arise in the course of the person acting as interim manager;

(e)any other relevant matter of which the chief executive is aware.

(3)A person who has agreed to a proposed appointment must advise the chief executive, before the appointment is made, whether the person is aware of a conflict of interest that may arise in the course of the person acting as interim manager.

Maximum penalty—20 penalty units.

(4)Only an adult may be appointed as interim manager.

43   Terms of appointment

An instrument of appointment of a person as interim manager for the business of a funded ancillary provider must state the following matters—

(a)the person’s name;

(b)details of the ancillary housing service provided by the funded ancillary provider;

(c)details of the person’s function as interim manager;

(d)any limitations on the person’s powers as interim manager;

(e)the period of the appointment;

(f)any conditions of the appointment;

(g)anything else the chief executive considers appropriate.

44   Notice about appointment

(1)Immediately after appointing a person as interim manager for the business of the funded ancillary provider, the chief executive must give a copy of the appointment to the funded ancillary provider.

(2)Also, the chief executive must ensure the tenant under a relevant agreement is notified of the appointment of an interim manager at or before the time the manager exercises a power under this part in relation to the agreement.

45   Initial period of appointment

An interim manager may be appointed for a period of not more than 3 months.

46   Variation of appointment

(1)After an interim manager starts to carry out the manager’s function, the chief executive may, by notice—

(a)extend the period of the appointment; or

(b)vary the appointment in another way.

(2)The chief executive may extend the period of the appointment if the chief executive is satisfied the extension is reasonably necessary in all the circumstances.

(3)The period of the appointment may be extended more than once.

(4)However—

(a)the period of an extension must not be more than 3 months; and

(b)the total period of the initial appointment and any extension or extensions must not be more than 6 months.

(5)The chief executive may vary the appointment in a way other than by extending the period of the appointment if the chief executive is satisfied the variation is appropriate, having regard to—

(a)the matters stated in section 41; and

(b)the operation of the business of the funded ancillary provider since the appointment started.

(6)If the appointment is varied under this section, the chief executive must ensure notice of the variation is given—

(a)to the funded ancillary provider; and

(b)if the manager exercises a power under this part in relation to a relevant agreement during the period of an extension or after the appointment is otherwise varied—to the tenant.

(7)The notice under subsection (6)(b) must be given to the tenant at or before the time the manager exercises the power.

47   Ending of appointment

(1)The chief executive may, by notice, end an interim manager’s appointment at any time before the end of the period of appointment if the chief executive is satisfied the appointment is no longer appropriate, having regard to the matters stated in section 41.

(2)Immediately after ending an appointment under subsection (1), the chief executive must give notice about the ending of the appointment to the funded ancillary provider and to each tenant who had been notified of the appointment.

Division 3 Function and powers

48   Application of div 3

This division applies to a person appointed as interim manager for the business of a funded ancillary provider.

49   Function

The interim manager’s function is, to the extent stated in the instrument of appointment, to ensure the matters stated in section 41(1)(a) and (b).

50   Power to act on funded ancillary provider’s behalf in relation to a relevant agreement

(1)To carry out the interim manager’s function, the interim manager—

(a)may enter into a residential tenancy agreement under the Residential Tenancies and Rooming Accommodation Act 2008, on behalf of the funded ancillary provider, for residential premises that are funded property; and

(b)may do anything in relation to a relevant agreement, on behalf of the provider, that the provider is permitted or required to do.

Examples for paragraph (b)—

1The interim manager may exercise a right of entry under the Residential Tenancies and Rooming Accommodation Act 2008, chapter 3, part 3.

2The interim manager may give a notice to the tenant under the Residential Tenancies and Rooming Accommodation Act 2008, chapter 5, part 1, division 2.

(2)For the application of the Residential Tenancies and Rooming Accommodation Act 2008, the interim manager is not liable, as an agent of the funded ancillary provider, for an act or omission relating to a relevant agreement other than a thing done by the interim manager under subsection (1).

Note—

See the Residential Tenancies and Rooming Accommodation Act 2008, section 24, for provision about things required to be done by lessors or their agents.

51   Power to demand rental payments

(1)The interim manager may give a notice, in the approved form, to the tenant under a relevant agreement, requiring the tenant to pay to the manager a rental payment due to the funded ancillary provider under the agreement.

(2)On the making of a requirement under subsection (1), a requirement under the relevant agreement to make the rental payment to the funded ancillary provider is taken to be a requirement to make the payment to the manager.

(3)The manager may require the payment of amounts under subsection (1) only to the extent the manager reasonably requires to carry out the manager’s function.

(4)The manager may apply an amount received under this section only in carrying out the manager’s function.

(5)If the manager stops being satisfied an amount received under this section is needed to carry out the manager’s function, the manager must immediately pay the amount to the funded ancillary provider.

(6)At the end of the manager’s appointment, the manager must give to the funded ancillary provider any remaining amount received under this section.

(7)Subsections (5) and (6) apply subject to section 59.

52   Other powers

The interim manager has the other powers of the funded ancillary provider that are necessary or convenient to carry out the manager’s function.

Example—

It may be necessary for the interim manager to carry out repairs to funded property.

53   Limitation on powers under instrument of appointment

A power conferred on the interim manager under this division applies subject to any limitation stated in the instrument of appointment.

54   Production of instrument of appointment for inspection

(1)This section applies if—

(a)the interim manager is exercising, or proposes to exercise, a power given under this part in relation to a person; and

(b)the person asks the manager to produce the manager’s instrument of appointment for the person’s inspection.

(2)The manager must comply with the request.

55   Obstruction

(1)A person must not obstruct an interim manager in the exercise of a power, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(2)If a person has obstructed an interim manager and the manager decides to proceed with the exercise of the power, the manager must warn the person that—

(a)it is an offence to obstruct the manager, unless the person has a reasonable excuse; and

(b)the manager considers the person’s conduct an obstruction.

Division 4 Other matters

56   Access to information or documents

(1)The interim manager may ask an executive officer of the funded ancillary provider for information or documents that the manager reasonably needs to carry out the manager’s function.

(2)The chief executive may disclose information to an interim manager, or give an interim manager access to documents, to the extent the chief executive considers appropriate for the purpose of the manager’s appointment.

Example for subsection (2)—

The chief executive may give information about the business of the funded ancillary provider, or access to the provider’s records, that the chief executive has obtained under section 81.

57   Confidentiality

(1)This section applies to a person—

(a)who is, or has been, appointed as interim manager for the business of a funded ancillary provider; and

(b)who, in the course of the appointment or because of opportunity provided by the appointment, has gained or has access to confidential information about the funded ancillary provider or someone else.

(2)The person must not make a record of the information, disclose the information to anyone else or give access to the information to anyone else, other than—

(a)for a purpose of this part; or

(b)with the consent of the funded ancillary provider or other person to whom the information relates; or

(c)in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or

(d)as expressly permitted or required by another Act.

Maximum penalty—20 penalty units.

58   Remuneration

An interim manager is entitled to be paid the reasonable amount of remuneration agreed with the chief executive.

59   Funded ancillary provider liable for remuneration and other costs

(1)If an interim manager is appointed for the business of a funded ancillary provider, the chief executive may give the provider a written demand for the amount of an administration cost.

(2)The chief executive may recover the amount as a debt owed to the State.

(3)At any time during or after the appointment, the chief executive may recover an administration cost from an amount held by the manager under section 51.

(4)In this section—

administration cost means the remuneration paid to the interim manager and any other reasonable cost incurred in carrying out the manager’s function.

60   Accounts and reports

(1)An interim manager appointed for the business of a funded ancillary provider must give to the chief executive—

(a)records of all amounts received or paid in the course of the appointment; and

(b)the other reports about the administration that the chief executive requires.

(2)The records and other reports must be given as soon as possible after the end of the appointment or, if required by the chief executive at a time during the appointment, at that time.

(3)The chief executive must give a copy of each record or report to the funded ancillary provider.

61   [Repealed]

62   Compensation

(1)A person may claim compensation from the chief executive if the person incurs loss or damage because of the exercise or purported exercise of a power under this part.

(2)Compensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.

(3)A court may order compensation to be paid only if satisfied it is just to make the order in the circumstances of the particular case.

Part 6    Review of decisions

63   Reviewable decisions

(1)The following decisions made by the chief executive are reviewable decisions—

(a)a decision about a person’s eligibility for a social housing service;

(b)a decision about the type of social housing service to be provided to a person;

(c)a decision about the place where a social housing service is to be provided to a person;

(d)a decision to appoint an interim manager for the business of a funded ancillary provider.

(2)The following decisions by the registrar are reviewable decisions—

(a)a decision to vary the category of registration of a national provider;

(b)a decision to refuse—

(i)an application for registration; or

(ii)an application by a national provider to vary the provider’s registration;

(c)a decision to impose an additional standard condition;

(d)a decision to—

(i)cancel the registration of a registered provider; or

(ii)refuse an application by a registered provider for cancellation of the provider’s registration;

(e)a decision to issue binding instructions to a registered provider;

(f)a decision to appoint a statutory manager for a registered provider.

64   Notice of reviewable decision

As soon as practicable after making a reviewable decision, the chief executive or the registrar must give the entity in relation to which the decision was made a notice stating—

(a)the reasons for the decision; and

(b)that the entity may apply to the chief executive for a review of the decision—

(i)for a reviewable decision made by the chief executive—within 28 days after receiving the notice; or

(ii)for a reviewable decision made by the registrar—within 14 days after receiving the notice; and

(c)how the entity may apply for the review; and

(d)if the notice relates to a decision by the registrar to cancel a provider’s registration—the day the cancellation takes effect.

65   Application for review

(1)An entity entitled to be given a notice under section 64 about a reviewable decision may apply to the chief executive for a review of the decision.

(2)The application must be made—

(a)for a reviewable decision made by the chief executive—

(i)if the chief executive gives the entity a notice under section 64—within 28 days after the notice is given; or

(ii)otherwise—within 28 days after the entity becomes aware of the decision; or

(b)for a reviewable decision made by the registrar—

(i)if the registrar gives the entity a notice under section 64—within 14 days after the notice is given; or

(ii)otherwise—within 14 days after the entity becomes aware of the decision.

(3)The application must be in the approved form and supported by enough information to enable the chief executive to decide the application.

(4)The chief executive may extend the time for making the application.

66   Stay of operation of reviewable decision

(1)An application under section 65 for review of a reviewable decision does not stay the decision.

(2)However, the operation of the decision may be stayed by—

(a)for a reviewable decision made by the chief executive—the chief executive giving the entity a notice staying the operation for a stated period; or

(b)for a reviewable decision made by the registrar—the chief executive or registrar giving the entity a notice staying the operation of the decision for a stated period.

(3)The chief executive or the registrar may grant the stay on conditions the chief executive or the registrar considers appropriate.

(4)If the chief executive or the registrar grants a stay, the chief executive or registrar must give the entity in relation to which the reviewable decision was made a notice stating—

(a)that the operation of the reviewable decision has been stayed; and

(b)the day on which the stay ends; and

(c)any conditions imposed under subsection (3).

67   Review decision

(1)This section applies to an application under section 65 for a review of a decision.

(2)Unless the chief executive made the original decision personally, the chief executive must ensure the application is not dealt with by—

(a)the person who made the original decision; or

(b)a person in a less senior office than the person who made the original decision.

(3)Within 28 days after receiving the application, the chief executive must review the original decision and make a decision (the review decision)—

(a)confirming the original decision; or

(b)amending the original decision; or

(c)substituting another decision for the original decision.

(4)The chief executive must make the review decision on the material that led to the original decision and any other material the chief executive considers relevant.

(5)Immediately after making the review decision, the chief executive must give the person notice of the review decision and the reasons for it.

Part 7    Information gathering and enforcement

Division 1 Matters for which powers may be exercised

68   Exercise of powers only for certain matters

A power conferred under this part may be exercised only for monitoring or enforcing—

(a)compliance with parts 3 and 4; or

(b)compliance by a registered provider with part 4A; or

(c)compliance by a funded ancillary provider with—

(i)section 55(1); or

(ii)in relation to a relevant agreement within the meaning given by section 39—the Residential Tenancies and Rooming Accommodation Act 2008, section 185(2)(b) to (d) or (3)(a) to (c); or

Note for subparagraph (ii)—

This relates to a ground for appointing an interim manager for the business of a funded ancillary provider. See section 41(1)(b).

(d)compliance with section 88 or 89.

Division 2 Authorised officers

69   Appointment and qualifications

(1)The following persons are authorised officers—

(a)the registrar;

(b)an officer of the department appointed by the chief executive by instrument in writing.

(2)However, the chief executive may appoint an officer of the department as an authorised officer only if the chief executive is satisfied that the officer has the necessary expertise or experience.

70   Appointment conditions and limit on powers

(1)An authorised officer holds office on any conditions stated in—

(a)if the officer was appointed under section 69(1)(b), the officer’s instrument of appointment; or

(b)a signed notice given to the officer; or

(c)a regulation.

(2)The instrument of appointment, a signed notice given to the officer or a regulation may limit the officer’s powers under this Act.

(3)In this section—

signed notice means a notice signed by the chief executive.

71   When authorised officer stops holding office

(1)An authorised officer stops holding office if any of the following happens—

(a)the term of office stated in a condition of office ends;

(b)under another condition of office, the officer stops holding office;

(c)the officer’s resignation under section 72 takes effect.

(2)Subsection (1) does not limit the ways an authorised officer may stop holding office.

(3)In this section—

condition of office means a condition on which the officer holds office.

72   Resignation

(1)An authorised officer may resign by signed notice given to the chief executive.

(2)However, the registrar may not resign as an authorised officer without resigning as registrar.

73   Issue of identity card

(1)The chief executive must issue an identity card to each authorised officer.

(2)The identity card must—

(a)contain a recent photo of the officer; and

(b)contain a copy of the officer’s signature; and

(c)identify the person as an authorised officer under this Act; and

(d)state an expiry date for the card.

(3)This section does not prevent the issue of a single identity card to a person for this Act and other purposes.

74   Return of identity card

A person who stops being an authorised officer must return the person’s identity card to the chief executive as soon as practicable, but not later than 7 days, after the person stops being an authorised officer unless the person has a reasonable excuse.

Maximum penalty—5 penalty units.

75   Production or display of identity card

(1)In exercising a power under this Act in relation to a person, an authorised officer must—

(a)produce the officer’s identity card for the person’s inspection before exercising the power; or

(b)have the identity card displayed so it is clearly visible to the person when exercising the power.

(2)However, if it is not practicable to comply with subsection (1), the officer must produce the identity card for the person’s inspection at the first reasonable opportunity.

(3)For subsection (1), an authorised officer does not exercise a power in relation to a person only because the officer has entered a place as mentioned in section 77(1)(b) or (2).

Division 3 Powers of authorised officers

76   Non-application to certain residences

(1)This division does not apply to a place that a person is occupying as the person’s residence—

(a)under a residential tenancy agreement, contract of sale or other agreement with the chief executive; or

(b)with financial assistance given directly to the person by the chief executive to enable the person to occupy the place as the person’s residence.

(2)For a person who is an authorised officer, subsection (1) does not prevent the person entering a place mentioned in subsection (1) other than in the person’s capacity as an authorised officer.

77   Power to enter a place

(1)An authorised officer may enter a place if—

(a)its occupier consents to the entry; or

(b)it is a public place and the entry is made when it is open to the public; or

(c)it is not a residence and the entry is made when the place is open for the conduct of business.

(1A)Without limiting subsection (1)(c), the registrar may enter the premises of a registered provider, other than a residence, to inspect the premises or the provider’s records as mentioned in a condition of the provider’s registration.

(2)For the purpose of asking the occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent—

(a)enter land around a building at the place to an extent that is reasonable to contact the occupier; or

(b)enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.

The commencement of the amendment of section 156, definition relevant property, by the Housing Legislation (Building Better Futures) Amendment Act 2017, section 6 is taken to have had effect from the commencement of the Housing and Other Legislation Amendment Act 2013, section 54.

Note—

The Housing and Other Legislation Amendment Act 2013, section 54 inserted section 156.

Schedule 1 National regulatory code

section 37D(1)(b)

1   Tenant and housing services

The community housing provider is fair, transparent and responsive in delivering housing assistance to tenants, residents and other clients particularly in relation to the following—

(a)determining and managing eligibility, allocation, and termination of housing assistance;

(b)determining and managing rents;

(c)setting and meeting relevant housing service standards;

(d)supporting tenant and resident engagement;

(e)facilitating access to support for social housing applicants and tenants with complex needs;

(f)managing and addressing complaints and appeals relating to the provision of housing services;

(g)maintaining satisfaction with the overall quality of housing services.

2   Housing assets

The community housing provider manages its community housing assets in a manner that ensures suitable properties are available at present and in the future, particularly in relation to the following—

(a)determining changing housing needs and planning asset acquisitions, disposals and reconfiguration to respond (strategic asset management);

(b)setting and meeting relevant property condition standards;

(c)planning and undertaking responsive, cyclical and life-cycle maintenance to maintain property conditions (asset maintenance);

(d)planning and delivering its housing development program (asset development).

3   Community engagement

The community housing provider works in partnership with relevant organisations to promote community housing and to contribute to socially inclusive communities, specifically in relation to—

(a)promoting community housing to local organisations that work with potential residents, tenants or clients; and

(b)contributing to place renewal and social inclusion partnerships and planning relevant to the provider's community housing activities.

4   Governance

The community housing provider is well-governed to support the aims and intended outcomes of its business, specifically in relation to the following—

(a)ensuring coherent and robust strategic, operational, financial and risk planning;

(b)ensuring effective, transparent and accountable arrangements and controls are in place for decision making to give effect to strategic, operational, financial and risk plans;

(c)complying with legal requirements and relevant government policies;

(d)ensuring that the governing body has members with appropriate expertise or that such expertise is available to the governing body.

5   Probity

The community housing provider maintains high standards of probity relating to the business of the provider, specifically in relation to the following—

(a)establishing and administering a code of conduct;

(b)establishing and administering a system of employment and appointment checks;

(c)establishing and administering a system for preventing, detecting, reporting on and responding to, instances of fraud, corruption and criminal conduct;

(d)maintaining the reputation of the community housing sector.

6   Management

The community housing provider manages its resources to achieve the intended outcomes of its business in a cost effective manner, specifically in relation to the following—

(a)demonstrating it utilises its assets and funding to meet business goals;

(b)implementing appropriate management structures, systems, policies and procedures to ensure the operational needs of its business can be met (including having people with the right skills and experience and the systems and resources to achieve the intended outcomes of its business).

7   Financial viability

The community housing provider is financially viable at all times, specifically in relation to the following—

(a)ensuring a viable capital structure;

(b)maintaining appropriate financial performance;

(c)managing financial risk exposure.

Schedule 2 Conditions of registration applying to each registered provider

section 37D(2)

1   Compliance with national regulatory code

A registered provider must comply with the provisions of the national regulatory code in schedule 1 that are identified on the relevant register as applying to the provider.

2   Transfer of community housing asset

A registered provider must comply with this Act in relation to the transfer of, or other dealing with, a community housing asset of the provider.

3   Provision of information relating to registered provider’s functions

A registered provider must, at the times and in the way approved by the registrar, give the registrar any information reasonably required by the registrar about the exercise of the provider’s functions, including information relating to an arrangement the provider has with another person in relation to the exercise of the provider’s functions.

4   Provision of document or information relating to registered provider’s affairs

(1)A registered provider must comply with a written request by the registrar for information about the provider’s affairs, including a request to produce a specified document or record.

(2)The provider must comply with the request within—

(a)14 days after receiving the request; or

(b)if a longer period is stated in the request—the stated period.

5   Attendance at meeting with registrar to answer questions

If the registrar makes a written request that a registered provider attend a meeting with the registrar to answer questions about the provider’s affairs, the provider must ensure that an appropriately qualified officer or employee of the provider attends the meeting at the time and place stated in the request.

6   Allowing inspection of premises or records

A registered provider must allow the registrar to enter the provider’s premises during business hours for the purpose of the registrar inspecting the premises or the provider’s records.

7   List of community housing assets

(1)A registered provider must keep a list, in the approved form, of—

(a)if the provider is a national provider—all of the provider’s national community housing assets; or

(b)if the provider is a state provider—all of the provider’s state community housing assets.

(2)The provider must make the list, or a copy of the list, available to the registrar for inspection on request.

Schedule 3 Particular conditions applying to registration of national providers or state providers

section 37D(3) and (4)

Part 1    Conditions applying to registration of national providers

1   Compliance with corresponding law

A national provider for which this jurisdiction is the primary jurisdiction must comply with any applicable requirement of the corresponding law of another participating jurisdiction in relation to the transfer of, or other dealing with, a national community housing asset of the provider.

2   Constitution to provide for transfer of national community housing assets on winding-up

A national provider for which this jurisdiction is the primary jurisdiction must have provision in its constitution for each remaining national community housing asset of the provider to be transferred, on the winding-up of the provider—

(a)if the asset is located in this jurisdiction—under this Act; or

(b)if the asset is located in another participating jurisdiction—under the corresponding law of that jurisdiction.

3   Provision of information to registrar of another participating jurisdiction

(1)A national provider for which this jurisdiction is the primary jurisdiction must comply with a written request by a registrar of another participating jurisdiction for information about the provider’s affairs, including a request to produce a specified document or record.

(2)This provider must comply with the request within—

(a)14 days after receiving the request; or

(b)if a longer period is stated in the request—the stated period.

4   Attendance at meeting with registrar of another participating jurisdiction to answer questions

If a registrar of another participating jurisdiction makes a written request that a national provider for which this jurisdiction is the primary jurisdiction attend a meeting with the registrar to answer questions about the provider’s affairs, the provider must ensure that an appropriately qualified officer or employee of the provider attends the meeting at the time and place stated in the request.

5   Allowing registrar of another participating jurisdiction to inspect premises or records

A national provider for which this jurisdiction is the primary jurisdiction must allow a registrar of another participating jurisdiction to enter the provider’s premises during business hours for the purpose of the registrar inspecting the premises or the provider’s records.

6   Requirement to notify registrar of particular events

A national provider for which this jurisdiction is the primary jurisdiction must notify the registrar of any of the following events mentioned in column 1, within the time stated opposite the event, in column 2—

Column 1	Column 2
Event	Time within which registrar must be notified
a decision to appoint a voluntary administrator to the provider	as soon as practicable after the decision
a decision to wind-up the provider	as soon as practicable after the decision
the appointment of a receiver to the provider	as soon as practicable after the provider learns of the receiver’s appointment
a decision to apply for cancellation of the provider’s registration on the national register	as soon as practicable after the decision and at least 28 days before the day the application is made
a decision to conduct a vote at a meeting on a matter that may affect the provider’s eligibility to remain registered on the national register or the category of the provider’s registration	as soon as practicable after the decision and at least 28 days before the day the meeting is held
a change in the provider’s affairs that may have an adverse impact on its compliance with this Act or the corresponding law of another participating jurisdiction	before the change or within 3 days after the change
any other event for which the registrar gives the provider notice	within the time stated in the notice

Part 2    Condition applying to registration of state providers

7   State provider to provide community housing service in this jurisdiction

A state provider may provide a community housing service in this jurisdiction only.

Schedule 4 Dictionary

section 7

Aboriginal council ...

Aboriginal Coordinating Council ...

accommodation provider, for part 10, division 7, see section 156.

additional standard condition see section 37E.

amending Act, for part 10, division 7, see section 156.

ancillary housing service see section 8(5).

application period, for part 10, division 7, see section 156.

appropriate form, for an instrument, for part 8, division 2C, see section 94I.

appropriately qualified ...

approved form, for a purpose, means the form approved under section 100 for the purpose.

approved provider see section 94A.

assistance agreement ...

binding instructions see section 38B.

business, for part 5, see section 39.

category of registration, for a national provider, means a category of registration under the guidelines mentioned in section 36H.

charitable donation deed, for a lot, for part 8, division 2C, see section 94I.

commencement, for part 10, division 7, see section 156.

commencement day, for part 10, division 4, see section 114.

commission, for part 10, division 4, see section 114.

compliance notice see section 35.

community housing asset means—

(a)for a national provider—a national community housing asset; or

(b)for a state provider—a state community housing asset.

community housing service see section 8(3).

confidential information, about a person, means information about the person’s affairs, but does not include—

(a)statistical or other information that could not reasonably be expected to result in the identification of the person; or

(b)information that is publicly available.

corresponding law means a law of a jurisdiction that contains provisions that substantially correspond to the provisions of part 4A.

departmental financial-institution account means a departmental financial-institution account established and kept for the department under the Financial Accountability Act 2009, section 83.

disclose, for part 8, division 2A, see section 94A.

executive officer, of a corporation or other entity, means a person who is concerned with, or takes part in, the corporation’s or entity’s management, whether the person is a director or a member of the management committee, or the person’s position is given the name of executive officer.

exempt provider means a person or entity—

(a)not registered under part 4A; and

(b)prescribed as being eligible to receive funding to provide—

(i)a particular social housing service in this jurisdiction; or

(ii)any social housing service in this jurisdiction.

existing assistance agreement, for part 10, division 7, see section 156.

former, for part 10, division 7, see section 156.

former Act, for part 10, division 7, see section 156.

funded ancillary provider, for part 5, see section 39.

funded property, for part 5, see section 39.

funded provider see section 21(2).

funded service ...

funding see section 21(1).

funding agreement see section 25.

housing agency means each of the following—

(a)for this jurisdiction—the chief executive as agent for the State;

(b)for another participating jurisdiction—the body or officer declared by the corresponding law of that jurisdiction to be a housing agency for the jurisdiction.

housing service see section 8(1).

housing service decision means a decision of the chief executive or a registered provider about providing a housing service, including a decision about—

(a)whether to give the service to a person; or

Example—

a decision about a person’s eligibility for a loan to buy a house

(b)the type and extent of the service; or

Example—

a decision, on an application by a person to rent a house, about the type of house to rent to the person or the area in which a house is made available to the person

(c)how the service is to be provided; or

(d)the terms on which the service is to be provided.

Example—

a decision about the amount of rent payable

housing service information see section 16.

interim manager means a person appointed under section 40 as interim manager for the business of a funded ancillary provider.

Island Coordinating Council ...

Island council ...

loan, for part 10, division 4, see section 114.

lot, for part 8, division 2C, see section 94I.

national community housing asset means any of the following assets of a national provider, regardless of when the provider acquired it—

(a)land—

(i)transferred to the national provider under this Act by the chief executive, another national provider or a state provider; or

(ii)vested in the national provider under a corresponding law of a participating jurisdiction;

(b)land acquired by the national provider wholly or partly with—

(i)funding provided to the provider by the chief executive; or

(ii)financial or other assistance given to the provider by a housing agency of another participating jurisdiction;

(c)land held by the national provider on which housing has been constructed, or to which another improvement has been made—

(i)by the chief executive or using funding provided by the chief executive; or

(ii)by a housing agency of another participating jurisdiction;

(d)a national provider receipt;

(e)an amount paid to the national provider—

(i)by the chief executive under a funding agreement that remains unexpended when the funding agreement is terminated or otherwise ends; or

(ii)by the housing agency of another participating jurisdiction under an agreement that corresponds to a funding agreement, that remains unexpended when the agreement is terminated or otherwise ends; or

(f)any other asset of the national provider that is of a class of assets declared by this Act or a corresponding law of another participating jurisdiction applying to the provider, or is prescribed, as a community housing asset for the purposes of the Act or the corresponding law.

national entity means each of the following entities that provides, or intends to provide, a community housing service—

(a)a company limited by shares or guarantee under the Corporations Act 2001 (Cwlth);

(b)an Aboriginal and Torres Strait Islander corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth);

(c)a body corporate, cooperative or incorporated association established under legislation of the Commonwealth or a State.

national provider means a national entity registered on the national register.

national provider receipt means any of the following—

(a)funds in the form of grants, loans or other financial assistance paid to a national provider by the chief executive or the housing agency of another participating jurisdiction;

(b)rent or other income, including proceeds of sale, from property—

(i)transferred or leased by the chief executive or a housing agency of another participating jurisdiction to a national provider for the purpose of providing a community housing service; or

(ii)bought or leased by a national provider using, entirely or partly, funds of the kind mentioned in paragraph (a) or by other receipts obtained by a national provider for a community housing service;

(c)fees received by a national provider for providing goods or services in the course of providing a community housing service;

(d)interest received by a national provider on an amount mentioned in paragraphs (a) to (c).

national register means the register of national entities providing community housing services established under section 37(1).

nonprofit corporation ...

non-profit organisation, for part 8, division 2C, see section 94I.

notice means written notice.

notice of intent to cancel registration see section 38C.

notice of noncompliance see section 38A.

obstruct includes hinder, resist and attempt to obstruct.

official, for part 8, division 1, see section 87.

other registered provider, for part 10, division 7, see section 156.

owner-occupied home loan means a loan to an individual, secured against a property that is the individual’s place of residence.

participating jurisdiction means a jurisdiction in which a corresponding law applies as a law of the jurisdiction.

party, to a charitable donation deed, for part 8, division 2C, see section 94I.

portfolio property means land held or administered by the chief executive on behalf of the State for the purposes of this Act.

prescribed requirement means a requirement prescribed under section 33.

prescribed state provider means an entity, or class of entity, other than a local government or a national entity, that—

(a)is providing, or intends to provide, a community housing service in this jurisdiction; and

(b)is prescribed as being eligible to be registered on the state register.

primary jurisdiction see section 36A.

primary registrar, for a national provider, or a national entity providing or intending to provide a community housing service, means the registrar of the provider or entity’s primary jurisdiction.

public housing see section 8(4).

Queensland Housing Fund means the fund continued under section 10.

register ...

registered owner, of a lot, for part 8, division 2C, see section 94I.

registered provider means each of the following—

(a)a national provider;

(b)a state provider.

registrar means the person appointed under section 36D as the registrar.

registrar of another participating jurisdiction means the registrar appointed under the corresponding law of another participating jurisdiction as the registrar for that jurisdiction.

registrar of titles means the registrar of titles under the Land Title Act 1994.

registration means registration under part 4A.

relevant agreement, for part 5, see section 39.

relevant asset, for part 10, division 7, see section 156.

relevant housing service, for part 10, division 7, see section 156.

relevant property, for part 10, division 7, see section 156.

relevant receipts, for part 10, division 7, see section 156.

repealed Act means the repealed State Housing Act 1945.

residential tenancy agreement see the Residential Tenancies and Rooming Accommodation Act 2008, section 12.

reviewable decision means a decision mentioned in section 63.

social housing service see section 8(2).

state community housing asset means any of the following assets of a state provider, regardless of when the provider acquired it—

(a)land transferred to the state provider under this Act by the chief executive, a national provider or another state provider;

(b)land acquired by the state provider wholly or partly with funding provided by the chief executive;

(c)land held by the state provider on which housing has been constructed, or other improvements made—

(i)by the chief executive or

(ii)using funding provided by the chief executive;

(d)a state provider receipt;

(e)an amount paid to the state provider by the chief executive under a funding agreement that remains unexpended when the funding agreement is terminated or otherwise ends;

(f)any other asset of the state provider that is of a class of assets declared by this Act, or prescribed, to be a state community housing asset.

state provider means a local government or a prescribed state provider registered on the state register.

Note—

‘Local government’ is defined in the Acts Interpretation Act 1954, schedule 1 to mean the Brisbane City Council or a local government under the Local Government Act 2009. Under the Local Government Act 2009, an indigenous regional council is a local government.

state provider receipt means any of the following—

(a)funding in the form of grants, loans or other financial assistance paid to a state provider by the chief executive;

(b)rent or other income, including proceeds of sale, from property—

(i)transferred or leased by the chief executive to a state provider for the purpose of providing a community housing service; or

(ii)bought or leased by a state provider using, entirely or partly, funds of the kind mentioned in paragraph (a) or by other receipts obtained by a state provider for a community housing service;

(c)fees received by a state provider for providing goods or services in the course of providing a community housing service;

(d)interest received by a state provider on an amount mentioned in paragraphs (a) to (c).

state register means the register of local governments and prescribed state providers providing community housing services established under section 37(3).

statutory manager see section 38D.

transitional period, for part 10, division 7, see section 156.