Housing Improvement (Statements under section 60) Regulations 1986 (SA)

SOUTH AUSTRALIA

HOUSING IMPROVEMENT (STATEMENTS UNDER SECTION 60)

REGULATIONS, 1986

REGULATIONS UNDER THE HOUSING IMPROVEMENT ACT, 1940

Housing Improvement (Statements under section 60)

Regulations, 1986

being

No. 50 of 1986: Gaz. 27 March 1986, p. 7481

as varied by

No. 144 of 1996: Gaz. 30 May 1996, p. 28202

1 Came into operation 1 April 1986: reg. 2

2 Came into operation 1 July 1996: reg. 2.

N.B.

The amendments effected to these regulations by Regulation No. 85 of 1999 had not been brought into

operation at the date of, and have not been included in, this consolidation.

1. These regulations may be cited as the Housing Improvement (Statements under section 60)

Regulations, 1986.

2. These regulations shall come into operation on 1 April, 1986.

3. In these regulations—

"the Act" means the Housing Improvement Act, 1940.

4. (1) Subject to subregulation (2), an application under section 60 of the Act must be in the form of Part A of the schedule.

(2) The housing authority may, in any particular case, accept an application in any other

written form.

(3) An application must not refer to more than one house.

5. The fee for an application under section 60 of the Act is $10.00.

6. A statement under section 60 of the Act must be in the form of Part B or Part C (as the case requires) of the schedule.

7. Where a statement under section 60 of the Act is in the form of Part C of the schedule, if a notice fixing the maximum rental payable in respect of the house was in force at any time before the date of the statement, the statement must, unless the housing authority determines otherwise, state—

(a)	the date of publication in the Gazette of that notice;
and
(b)	the amount of the maximum rental fixed by that notice.

Housing Improvement (Statements under Section 60) Regulations, 1986

SCHEDULE

Application and Statements under

Section 60 of the Housing Improvement Act, 1940

PART A—APPLICATION

(Applicant to complete Part A of this form and forward it to the South Australian Housing Trust, "the Trust", 17 Angas Street, Adelaide, 5000. A separate form is required for each house for which a statement under section 60 is sought. A fee of $5.00 must be paid in respect of this application.)

Name of applicant:

Address for delivery or posting of statement:

Address of house in respect of which this application is made:

If house is one of a block of flats or units, the flat or unit number:

If house is on an allotment where there is more than one house, situation of house (e.g. that the house is on the southern side of the allotment):

(Below this line for use of the Trust only)

STATEMENT UNDER SECTION 60

PART B

Date ....................

Inquiry From ............................................................................................

Inquiry Date ............................................................................................ Ref ................

The house described below is not, as at the date of this Statement, subject to any notice stating the Trust’s intention to declare the house to be substandard, any notice declaring the house to be substandard or any notice fixing the maximum rental payable in respect of the house under the Housing Improvement Act, 1940:

Description of house:

SECRETARY

SOUTH AUSTRALIAN HOUSING TRUST

17 Angas Street, Adelaide, 5000

Per .......................................................................

NOTE:

Inquiries in respect of legislation other than Part VII of the Housing Improvement Act, 1940,

should be directed to the appropriate authority.

PART C

Date .....................

Inquiry From ............................................................................................

Inquiry Date ............................................................................................ Ref ................

In respect of the house described below as at the date of this Statement:

(1) A notice stating the intention of the Trust to declare the house to be substandard has been served upon the owner or upon a registered mortgagee of the land on which the house is situated and such notice has not been withdrawn.

(2) The date of service of the notice is: .....................................

(3) The Trust’s reasons, as at the date of this Statement, for holding the view that the house is undesirable or unfit for human habitation are: .................................................................

(4) A notice declaring the house to be substandard has been published in the Gazette and is in force.*

(5) The date of publication is: ..............................................

(6) A notice fixing the maximum rental payable in respect of the house has been published in the

Gazette and is in force.*

(7) The date of publication is: ...............................................

(8) The amount of the maximum rental is: $	per week.
(9) Previously, maximum rentals have been fixed as follows*:

Date of Publication Amount per Week

(*Strike out if inapplicable.)

Description of House:

SECRETARY

SOUTH AUSTRALIAN HOUSING TRUST

17 Angas Street, Adelaide, 5000

Per .....................................................

NOTE:	(i)	The Housing Improvement Act, 1940, makes provision for applications to vary the maximum rental.
(ii)	Inquiries in respect of legislation other than Part VII of the Housing Improvement Act, 1940, should be directed to the appropriate authority.

APPENDIX

LEGISLATIVE HISTORY

Regulation 5: varied by 144, 1996, reg. 3