Housing Regulations 1983 (NT)

Case
No judgment structure available for this case.

NORTHERN TERRITORY OF AUSTRALIA

HOUSING regulations 1983

As in force at 18 July 2016

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Preliminary matters1 — Citation2 — Commencement3 — Definitions3A — Disqualifying offencePart 2 — Letting of dwellings4 — Powers of Chief Executive Officer (Housing) to let dwellings5 — Rebates of rentPart 3 — Provision of housing for approved persons and their employees6 — Definition7 — Acquisition, sale and letting of dwellings8 — Rent of dwellings let to Commonwealth, public authorities or their employees9 — Sale price10 — Chief Executive Officer (Housing) as agent for approved person11 — Assistance to charitable bodiesPart 4 — Miscellaneous matters12 — Building for private person13 — Contents of seizure receiptPart 5 — Infringement notice offences14 — Infringement notice offence and prescribed amount payable15 — When infringement notice may be given16 — Contents of infringement notice17 — Payment by cheque18 — Withdrawal of infringement notice19 — Application of PartSchedule 1 — Disqualifying offenceSchedule 2 — Infringement notice offences and prescribed amountsENDNOTES northern territory of australia

northern territory of australia

As in force at 18 July 2016

HOUSING regulations 1983

Regulations under the Housing Act 1982

Part 1Preliminary matters 1Citation

These Regulations may be cited as the Housing Regulations 1983.

2Commencement

These Regulations shall come into operation on the commencement of the Housing Act 1982.

3Definitions

In these Regulations:

eligible person means a person who is, in the opinion of the Chief Executive Officer (Housing):

  • (a)

    of limited means; and

  • (b)

    not adequately housed.

infringement notice, see regulation 15.

infringement notice offence, see regulation 14(1).

prescribed amount, see regulation 14(2).

3ADisqualifying offence
  • (1)

    For the definition disqualifying offence in section 5 of the Act, each of the following is a disqualifying offence:

    • (a)

      an offence specified in Schedule 1;

    • (b)

      an offence under a law of a foreign jurisdiction that, if it had been committed in the Territory, would have constituted an offence of a kind mentioned in paragraph (a);

    • (c)

      any other offence, whether committed in the Territory or a foreign jurisdiction, for which the offender was sentenced to a term of imprisonment, whether or not the imprisonment was suspended in whole or in part.

  • (2)

    In this regulation:

    foreign jurisdiction means a jurisdiction other than the Territory, including a jurisdiction outside Australia.

Part 2Letting of dwellings 4Powers of Chief Executive Officer (Housing) to let dwellings
  • (1)

    Subject to this regulation, the Chief Executive Officer (Housing) may let a dwelling to an eligible person.

  • (2)

    A letting under subregulation (1) must be:

    • (a)

      subject to regulation 5, at the rent of the dwelling determined under section 23 of the Act for that dwelling; and

    • (b)

      in accordance with these Regulations and any conditions which the Chief Executive Officer (Housing) thinks fit.

  • (3)

    The Chief Executive Officer (Housing) may, in letting a dwelling under subregulation (1), give preference to an eligible person who, in its opinion:

    • (a)

      is occupying an insanitary or overcrowded dwelling-place; or

    • (b)

      is living under unsatisfactory housing conditions; or

    • (c)

      is homeless.

  • (4)

    The Chief Executive Officer (Housing) must not let a dwelling under this regulation to a person unless the Chief Executive Officer (Housing) is satisfied that the person intends to use the dwelling as a home for the person or the person’s dependants and for no other purpose.

  • (5)

    Subject to subregulation (4), with the written consent of the Minister, the Chief Executive Officer (Housing) may, for a period not exceeding 6 months, let a dwelling to a person who is not an eligible person but who has been displaced from a dwelling-place by process of law and who, in its opinion:

    • (a)

      is occupying an insanitary or overcrowded dwelling-place; or

    • (b)

      is living under unsatisfactory housing conditions; or

    • (c)

      is homeless.

    5Rebates of rent

    The Chief Executive Officer (Housing) may, in its discretion, grant a rebate of the whole of the rent payable in respect of a dwelling by an eligible person, or of such portion of that rent as it thinks fit, and for such period as it thinks fit.

Part 3Provision of housing for approved persons and their employees 6Definition

In this Part:

approved person means:

  • (a)

    the Territory or the Commonwealth; or

  • (b)

    an authority or body constituted by or under a law of the Territory or the Commonwealth; or

  • (c)

    an individual, partnership, company, co-operative trading society or association engaged in:

    • (i)

      commercial or industrial business activities; or

    • (ii)

      activities of defence significance;

in the Territory and approved by the Minister for this Part after considering the recommendation of the Chief Executive Officer (Housing); or

  • (d)

    a body (other than a body mentioned in paragraph (e)) approved by the Minister and taken to be registered in the Territory under section 119A of the Corporations Act 2001; or

  • (e)

    a body approved by the Minister that, in the opinion of the Minister, carries out or promotes in the Territory services and programmes for the benefit of the community.

7Acquisition, sale and letting of dwellings
  • (1)

    Subject to this Part, the Chief Executive Officer (Housing) may acquire a dwelling and let or sell it to an approved person or to an employee of an approved person upon such terms and conditions as are:

    • (a)

      agreed upon between the Chief Executive Officer (Housing) and the approved person or the employee, as the case may be; and

    • (b)

      if the dwelling is to be let or sold to a person mentioned in regulation 6(c) or to the employee of such a person ‑ approved by the Minister.

  • (2)

    Where the Chief Executive Officer (Housing) lets or sells under subregulation (1) a dwelling, the terms and conditions mentioned in that subregulation apply to and in relation to the letting or selling whether or not the person to whom the dwelling is let or sold is an approved person.

8Rent of dwellings let to Commonwealth, public authorities or their employees

The rent for a dwelling let under regulation 7 to a person mentioned in regulation 6(a) or (b), or to the employee of such a person, must be at the rent determined under section 23 of the Act for that dwelling.

9Sale price

Subject to section 35 of the Act, the price at which a dwelling must be sold under regulation 7 is the market value of the dwelling.

10Chief Executive Officer (Housing) as agent for approved person

For the purposes of assisting an approved person to obtain, at the person’s own expense, housing for the person’s employees, the Chief Executive Officer (Housing) may, with the approval of the Minister and with the consent and at the expense of the person, act as the agent of the person in arranging for the construction or purchase of the housing and, without limiting the generality of the foregoing, may:

  • (a)

    conduct negotiations; and

  • (b)

    enter into contracts;

on behalf of the person.

11Assistance to charitable bodies

In addition to the assistance otherwise available under these Regulations to a body mentioned in regulation 6(e), the Chief Executive Officer (Housing) may, with the approval of the Minister and on such terms and conditions as the Minister, after consultation with the Chief Executive Officer (Housing), approves:

  • (a)

    acquire a building and let or sell it to that body; or

  • (b)

    assist or act as agent in the manner described in regulation 10 in connection with the obtaining of a building;

for use by that body, otherwise than as a residence, for or in connection with its day-to-day activities.

Part 4Miscellaneous matters 12Building for private person

The Chief Executive Officer (Housing) may enter into a contract with a private person who is the holder of land, whether freehold or leasehold, for the building of a dwelling on that land, on such terms as shall be agreed upon between the Chief Executive Officer (Housing) and the private person.

13Contents of seizure receipt

A receipt about the seizure of a seized item required to be issued under section 28G(5) of the Act must contain the following information:

  • (a)

    a description of the seized item;

  • (b)

    the date and time of the seizure;

  • (c)

    a statement to the effect that if the seized item is not retained as evidence, it can be collected by its owner within 3 months of the date of seizure;

  • (d)

    the name and address of the place from which the seized item can be collected;

  • (e)

    the name and signature of the public housing safety officer issuing the receipt.

Part 5Infringement notice offences 14Infringement notice offence and prescribed amount payable
  • (1)

    An infringement notice offence is an offence against a provision specified in Schedule 2.

  • (2)

    The prescribed amount for an infringement notice offence is the amount equal to the monetary value of the number of penalty units specified for the offence in Schedule 2.

15When infringement notice may be

If a public housing safety officer reasonably believes a person has committed an infringement notice offence, the officer may give a notice (an infringement notice) to the person.

16Contents of infringement notice
  • (1)

    The infringement notice must specify the following:

    • (a)

      the name and address of the person, if known;

    • (b)

      the date the infringement notice is given to the person;

    • (c)

      the date, time and place of the infringement notice offence;

    • (d)

      a description of the offence;

    • (e)

      the prescribed amount payable for the offence;

    • (f)

      the enforcement agency, as defined in the Fines and Penalties (Recovery) Act 2001, to whom the prescribed amount is payable.

  • (2)

    The infringement notice must include a statement to the effect of the following:

    • (a)

      the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after the notice is given;

    • (b)

      the person may elect under section 21 of the Fines and Penalties (Recovery) Act 2001 to have the matter dealt with by a court instead of under that Act by completing a statement of election and giving it to the specified enforcement agency;

    • (c)

      if the person does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties (Recovery) Act 2001, including (but not limited to) action for the following:

      • (i)

        suspending the person’s licence to drive;

      • (ii)

        seizing personal property of the person;

      • (iii)

        deducting an amount from the person’s wages or salary;

      • (iv)

        registering a statutory charge on land owned by the person;

      • (v)

        making a community work order for the person and imprisonment of the person if the person breaches the order.

  • (3)

    Also, the infringement notice must include an appropriate form for making the statement of election mentioned in subregulation (2)(b).

17Payment by cheque

If the person tenders a cheque in payment of the prescribed amount, the amount is not taken to have been paid unless the cheque is cleared on first presentation.

18Withdrawal of infringement notice
  • (1)

    The CEO may withdraw the infringement notice by written notice given to the person.

  • (2)

    The notice must be given:

    • (a)

      within 28 days after the infringement notice is given to the person; and

    • (b)

      before payment of the prescribed amount.

    19Application of Part
  • (1)

    This Part does not prejudice or affect the start or continuation of proceedings for an infringement notice offence for which an infringement notice has been given unless the offence is expiated.

  • (2)

    Also, this Part does not:

    • (a)

      require an infringement notice to be given; or

    • (b)

      affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice has not been given; or

    • (c)

      prevent more than one infringement notice for the same offence being given to a person.

  • (3)

    If more than one infringement notice for the same offence has been given to a person, the person may expiate the offence by paying the prescribed amount in accordance with any of the notices.

     
Schedule 1Disqualifying offence

regulation 3A

Part A – Criminal Codeand Misuse of Drugs Act 1990

  • 1

    An indictable offence under the Criminal Code or Misuse of Drugs Act 1990 (whether the charge of the offence is dealt with summarily or on indictment).

  • 2

    An offence against section 71, 121, 125C, 188(1) or 213(1) of the Criminal Code.

  • 4

    An offence committed before the commencement of the Criminal Code that would, if committed after that commencement, have constituted an indictable offence under the Criminal Code or an offence mentioned in item 2.

  • 5

    An offence committed before the commencement of the Misuse of Drugs Act 1990 that would, if committed after that commencement, have constituted an indictable offence under the Misuse of Drugs Act 1990.

     

Part B – Firearms Act 1997

 

An offence against section 34(5), 39(2), 40(6), 42(2), 43(2), 58, 59, 62, 63, 67(1), 71, 77, 78, 82(1), 83, 84(1), 85, 86 or 89 of the Firearms Act 1997.

 

Part C – Weapons Control Act 2001

An offence against section 6, 7 or 8 of the Weapons Control Act 2001.

 

Part D – Summary Offences Act 1923

 

An offence against section 46A, 47, 47AA(1), 47AB, 47A, 47B(4), 49A(1), 50, 53, 55(1), 56, 60, 60A, 61(2), 68A(1), 69A or 69B of the Summary Offences Act 1923.

 

Part E – Domestic and Family Violence Act 2007

 

An offence against section 120(1) of the Domestic and Family Violence Act 2007.

 

Part F – Commonwealth Law

 

An offence against a law of the Commonwealth the penalty for which is imprisonment for 2 years or more.

Schedule 2Infringement notice offences and prescribed amounts

regulation 14

Provision

Prescribed amount in penalty units

section 28D(5) of Act

0.5

section 28E(4) of Act

0.5

ENDNOTES
  • 1

    KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

  • 2

    LIST OF LEGISLATION

Housing Regulations (SL No. 10, 1983)

Notified

25 March 1983

Commenced

15 April 1983 (r 2, s 2 Housing Act 1982 (Act No. 76, 1982) and Gaz G5, 4 February 1983, p 3)

Amendment of the Housing Regulations (SL No. 36, 1985)

Notified

11 December 1985

Commenced

15 January 1986 (r 2, s 2 Housing Amendment Act 1984 (No. 48, 1984) and Gaz G2, 15 January 1986, p 8)

Amendment of Housing Regulations (SL No. 21, 1998)

Notified

1 July 1998

Commenced

1 July 1998

Corporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)

Assent date

29 June 2001

Commenced

15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50, 2001) and Cth Gaz S285, 13 July 2001)

Statute Law Revision Act 2005 (Act No. 44, 2005)

Assent date

14 December 2005

Commenced

14 December 2005

HousingAmendmentRegulations (SL No. 11, 2012)

Notified

28 March 2012

Commenced

28 March 2012

Local Court (Related Amendments) Act 2016 (Act No. 8, 2016)

Assent date

6 April 2016

Commenced

1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016)

Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)

Assent date

6 April 2016

Commenced

1 May 2016 (Gaz S34, 29 April 2016)

Justice Legislation Amendment (Drug Offences) Act 2016 (Act No. 17, 2016)

Assent date

8 June 2016

Commenced

s 17 (to ext ins new s 15): 10 October 2016; rem: 18 July 2016 (Gaz S67, 18 July 2016)

  • 3

    GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1 and 16 and Sch 1.

  • 4

    LIST OF AMENDMENTS

pt I hdg              amd No. 11, 2012, r 6

r 3                     amd No. 21, 1998, r 2

sub No. 11, 2012, r 3

r 3A                   ins No. 11, 2012, r 3

pt II hdg             amd No. 11, 2012, r 6

r 4                     amd No. 21, 1998, r 2; No. 11, 2012, r 6

r 5                     amd No. 21, 1998, r 2

pt III hdg            amd No. 11, 2012, r 6

r 6                     amd No. 21, 1998, r 2; Act No. 17, 2001, s 22; No. 11, 2012, r 6

r 7                     amd No. 21, 1998, r 2; No. 11, 2012, r 6

rr 8 – 9               amd No. 11, 2012, r 6

r 10                    amd No. 21, 1998, r 2; No. 11, 2012, r 6

r 11 amd No. 21, 1998, r 2; Act No. 44, 2005, s 35; No. 11, 2012, r 6

pt IV hdg            amd No. 11, 2012, r 6

r 12                    amd No. 21, 1998, r 2

r 13                    ins No. 36, 1985, r 3

sub No. 11, 2012, r 4

pt 5 hdg             ins No. 11, 2012, r 4

rr 14 – 19           ins No. 11, 2012, r 4

sch 1                 ins No. 11, 2012, r 5

amd Act No. 9, 2016, s 160; Act No. 8, 2016, s 42; Act No. 17, 2016, s 46

sch 2                 ins No. 11, 2012, r 5

 
Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0