Homeless Persons Assistance Amendment Act 1977

Overview

The Homeless Persons Assistance Amendment Act 1977 (C2004A01780) was enacted to amend the Homeless Persons Assistance Act 1974, addressing gaps in the provision of assistance to homeless individuals. This Act was passed by the Parliament of Australia, as evidenced by the formal citation, "BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows." The primary objective of this amendment was to ensure consistency and accuracy in the terminology used within the Principal Act by updating certain references from "Australia" to "the Commonwealth." The Act came into operation on the day it received the Royal Assent, as stated in section 2 of the Act.

Scope and Application

The Homeless Persons Assistance Amendment Act 1977 is a legislative instrument that amends the Homeless Persons Assistance Act 1974. This Act applies to the provisions of the Principal Act, which are specified in the Schedule, by making specific changes to the geographic reach of the legislation from Australia to the Commonwealth. This means that the amended provisions now apply to the national level within Australia, rather than the broader geographical scope previously stated. The Act’s amendments are narrowly focused on the redefinition of terms within the Principal Act and do not extend to other areas or introduce new substantive changes. The amendments are confined to substituting the term “Commonwealth” for “Australia” in certain sections, thereby altering the jurisdictional application of the amended provisions. There are no stated exclusions, exemptions, or thresholds in the Act itself, but it is noted that the scope of application may be further defined or extended through subordinate instruments. The Act does not specify any additional instruments or regulations that would implement or interpret its provisions, thus leaving the possibility for further legislative development in this area. The changes introduced by this amendment are precise and technical, aiming to refine the jurisdictional application of the Principal Act's provisions without introducing new substantive laws or expanding the legislation's overall scope.

Key Provisions

The Homeless Persons Assistance Amendment Act 1977 (section 1) amends the Homeless Persons Assistance Act 1974. This amending legislation introduces changes to the definition of "prescribed period" by modifying section 3 of the Principal Act (section 3). Additionally, the Act includes formal amendments, which are detailed in the Schedule, where references to "Australia" are replaced with "the Commonwealth" in various sections and subsections of the Principal Act (section 4). The Schedule specifies that the changes apply to subsection 5(1), sections 6 and 7, and subsections 8(1), 9(1), 10(1), and 13(3). Under the Homeless Persons Assistance Amendment Act 1977, parties and entities governed by the Principal Act must comply with the updated definitions and formal amendments outlined in the legislation. This includes ensuring that any references to "Australia" within the specified sections and subsections of the Principal Act are correctly changed to "the Commonwealth." This amendment likely impacts how certain provisions of the Principal Act are interpreted and applied, requiring careful review and compliance by those subject to its provisions. The Act does not explicitly state any new offences, penalties, or civil or criminal consequences for breach. However, failure to comply with the amended provisions could potentially lead to legal challenges or disputes regarding the interpretation and application of the amended sections. As such, entities and individuals affected by these changes should ensure they are aware of and comply with the updated requirements to avoid any unintended legal consequences. While specific penalties are not mentioned in the Act, any resultant breaches of the amended provisions could be subject to existing penalties or consequences outlined in the Principal Act or related legislation.