Untitled document

Housing (Amendment) Act 1996

Act No. 20/1996

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	2
3.	Principal Act	2

PART 2—AMENDMENT OF HOUSING ACT 1983 3

4.	Amendment of objects	3
5.	Amendment of section 62	3
6.	Repeals	3
7.	Amendment of section 67	3
8.	Amendment of section 68	4
9.	New section 68A inserted	5
68A. Revocation of declaration	5
10.	Repeal of sections 69 and 70	5
11.	Amendment of section 71	5
12.	Repeal of section 71A	6
13.	Amendment of Schedule 6	6

PART 3—TRANSITIONALS, SAVINGS AND CONSEQUENTIAL

AMENDMENTS 7

14.	Saving provision—Regulations	7
15.	Saving provision—Declarations	7
16.	Saving provision—Appeals	7
17.	Saving provision—Directions	7
18.	Transitional provisions—section 67	7
19.	Transitional provision—section 68	8
20.	Saving provision—section 69	8
21.	Saving provision—section 70	8
22.	Saving provision—section 71A	9
23.	Consequential amendment of Local Government Act 1989	9
227AA. Recovery of costs and fees under Housing Act 1983	9

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NOTES 11

i

Victoria

No. 20 of 1996

Housing (Amendment) Act 1996†

[Assented to 2 July 1996]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The purposes of this Act are to amend the

Housing Act 1983—

(a)	to remove the power of the Director to make declarations under section 64 of the Act;
(b)	to amend Part VII of the Act to enable municipal councils to carry out the powers

Housing (Amendment) Act 1996

s. 2 Act No. 20/1996

and functions of the Director under that Part
in respect of houses the subject of a

declaration;

(c) to make other minor and consequential amendments to the Act.

2. Commencement

This Act is deemed to have come into operation on 28 May 1996.

No. 10020.

Reprinted to	3. Principal Act
75/1994.	In this Act, the Housing Act 1983 is called the Principal Act.

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Housing (Amendment) Act 1996

Act No. 20/1996 s. 4

PART 2—AMENDMENT OF HOUSING ACT 1983

4. Amendment of objects

In section 6(1) of the Principal Act, paragraph (k) is repealed.

5. Amendment of section 62

In section 62(1) of the Principal Act—

(a) before "In" omit "(1)";

(b)	before the definition of "demolish" insert— ' "Council" means the council (as defined in
"declaration" means a declaration made section 3(1) of the Local Government which a house the subject of a declaration is situated;

under section 64 of this Act, section 56 of the Housing Act 1958, or section 8 of the Slum Reclamation and

Housing Act 1938;';

(c) in the definition of "regulations" after "section 63(1)" insert "as in force immediately before the commencement of the Housing (Amendment) Act 1996";

(d) omit the definition of "step".

6. Repeals

Sections 63, 64, 65 and 66 of the Principal Act are repealed.

7. Amendment of section 67

(1) In section 67 of the Principal Act, for sub-section

(1) substitute—
"(1) Subject to section 68A, if an owner fails to

comply with a direction under section 66 (or

Housing (Amendment) Act 1996

s. 8 Act No. 20/1996

any corresponding previous enactment),
within the period specified for compliance,

the Council may—

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

(2) In section 67(2) of the Principal Act, for

"Director" (wherever occurring) substitute

"Council".

(3) In section 67(3) of the Principal Act, for

"Director" (wherever occurring) substitute

"Council".

8. Amendment of section 68

(1) In section 68(1) of the Principal Act—

(a)	for "Where the Director has made a direction under section 66" substitute "Where a direction has been made under section 66 (or any corresponding previous enactment)";
(b)	for "Director" (where secondly and fourthly occurring) substitute "Council";
(c)	for "Director" (where thirdly occurring) substitute "direction".

(2) In section 68(2) of the Principal Act—

(a) for "Director" substitute "Council";

Housing (Amendment) Act 1996

Act No. 20/1996 s. 9

(b) after "regulations" insert "or revoked the declaration to which the notice applies under section 68A".

9. New section 68A inserted

After section 68 of the Principal Act insert—

"68A. Revocation of declaration

(1) A Council may, by notice in writing served

on the owner and the occupier (if any) of the house the subject of the declaration, revoke a declaration even though the Council is not
satisfied that the house complies with the
regulations.

(2) The Council may revoke a declaration under this section only if it is satisfied that—

(a)

the owner has made every reasonable regulations; or

(b)

it would cause the owner undue regulations.

(3) Any directions under section 66 (or any

corresponding previous enactment) in force
immediately before the revocation of a
declaration cease to have effect on the

revocation of that declaration.

(4) This section does not limit the circumstances

in which a declaration may cease to operate."

10. Repeal of sections 69 and 70

Sections 69 and 70 of the Principal Act are repealed.

11. Amendment of section 71

In section 71 of the Principal Act, for "Director"
(wherever occurring) substitute "Council".

Housing (Amendment) Act 1996

s. 12 Act No. 20/1996

12. Repeal of section 71A

Section 71A of the Principal Act is repealed.

13. Amendment of Schedule 6

In Schedule 6 to the Principal Act—

(a) in clause 1—

(i)  for "Director" (where first occurring) substitute "Council";

(ii) occurring) substitute "a member of the

for "the Director" (where secondly Council for that purpose";

(b) in clause 2, for "Director" substitute "Council";

(c) clause 5 is repealed;

(d)	in clause 6(2), for "Director" substitute "Council";
(e)	in clause 6(3), for "section" substitute "clause";
(f)	in clause 7, for "Director" (wherever occurring) substitute "Council";

(g) in clause 7(5), for "he" substitute "it";

(h) in clause 8, omit "made under section 63(1)".

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Housing (Amendment) Act 1996

Act No. 20/1996 s. 14

PART 3—TRANSITIONALS, SAVINGS AND

CONSEQUENTIAL AMENDMENTS

14. Saving provision—Regulations

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

15. Saving provision—Declarations

Subject to section 68A of the Principal Act, nothing in this Act affects a declaration (as defined in section 62 of the Principal Act) that

was in force immediately before the

commencement of this Act.

16. Saving provision—Appeals

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

17. Saving provision—Directions

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

18. Transitional provisions—section 67

Nothing in this Act prevents the Director from—

(a) enforcing a charge under section 67(2) of the Principal Act as in force immediately before the commencement of this Act on land the

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s. 19 Act No. 20/1996

subject of a direction under section 66(1) as

so in force;

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

19. Transitional provision—section 68

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

(a)	issues a certificate of clearance in writing certifying that the house has been made to comply with the regulations as defined in section 62 of the Principal Act; or
(b)	revokes the declaration under section 68A of the Principal Act.

20. Saving provision—section 69

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

21. Saving provision—section 70

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

section 70(2) of the Principal Act as so in force.

Housing (Amendment) Act 1996

Act No. 20/1996 s. 22

22. Saving provision—section 71A

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

No. 11/1989.

23. Consequential amendment of Local Government Act Reprinted to

1989 No. 103/1995
and

After section 227 of the Local Government Act	subsequently amended by
1989, insert—	No. 107/1995.

"227AA. Recovery of costs and fees under Housing

Act 1983

A Council may recover from the owner of a house subject to a declaration under section 64 of the Housing Act 1983, section 56 of

the Housing Act 1958, or section 8 of the
Slum Reclamation and Housing Act

1938—

(a)	the reasonable cost of inspecting the house for the purpose of ascertaining whether it complies with the
regulations as defined in section 62 of the Housing Act 1983 or for the purpose of determining whether the Council should exercise its powers under section 68A of the Housing Act 1983;
(b)	any fees or expenses incurred by the Council in connection with the registration, or the cancellation of the registration, of a charge under section 67(2) of the Housing Act 1983 or in connection with the lodging of a notice under clause 6(2) of Schedule 6 to the

Housing (Amendment) Act 1996

Act No. 20/1996

Housing Act 1983 that a declaration (as defined in section 62 of that Act) has ceased to operate."

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Housing (Amendment) Act 1996

Act No. 20/1996 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 16 May 1996

Legislative Council: 18 June 1996

The long title for the Bill for this Act was "to amend the Housing Act
1983 and for other purposes."