Homeless Persons Assistance Amendment Act 1979

Overview

The Homeless Persons Assistance Amendment Act 1979 was enacted to refine and update the provisions of the Homeless Persons Assistance Act 1974, addressing certain operational and administrative aspects of assistance to homeless persons. This Act was passed by the Queen, in conjunction with the Senate and House of Representatives of the Commonwealth of Australia, aiming to provide more flexible and timely support for those in need. By amending specific sections of the Principal Act, the 1979 Amendment Act removes certain temporal restrictions and allows for more responsive action in providing aid. The policy objective of this amendment is to enhance the effectiveness of the homeless assistance programs by ensuring they can be implemented without the constraints of predefined periods, thereby facilitating quicker and more efficient aid distribution.

Scope and Application

The Homeless Persons Assistance Amendment Act 1979 amends the Homeless Persons Assistance Act 1974, adjusting the scope and application of certain provisions to better support homeless persons within the Commonwealth. This Act applies to all individuals who are classified as homeless within the Commonwealth of Australia, as well as to projects and entities that receive funding under the amended Principal Act. The amendments remove the constraints of the "prescribed period" that previously limited the eligibility for certain grants and approvals, allowing for more flexible and ongoing support for homeless individuals and associated projects. The jurisdictional reach of this Act is limited to the Commonwealth, thus it applies federally across Australia but does not extend to state or territory laws unless specifically incorporated therein. This Act does not introduce any exclusions, exemptions, or thresholds beyond those defined in the Principal Act, which it seeks to amend. The scope of application may be further extended or restricted through subordinate instruments issued under the authority of the amended Act, providing mechanisms for the government to adapt the implementation of these amendments to changing needs and circumstances.

Key Provisions

The Homeless Persons Assistance Amendment Act 1979 (sections 5 to 7) makes significant amendments to the Homeless Persons Assistance Act 1974, primarily by removing temporal restrictions on the approval of projects, and the eligibility for grants. Section 5 of the Principal Act, which previously stipulated a prescribed period for project approval, is amended to allow for the approval of projects at any time after the commencement of this Act. Similarly, sections 6 and 7, which originally referenced a prescribed period for eligibility for rent and fixtures grants, respectively, are updated to refer to periods after the commencement of this Act. Under the amended provisions, the Act imposes certain obligations on the entities or parties it governs. These entities must now ensure that projects are approved and grants are provided without the previous temporal constraints, thereby enabling more flexible and timely assistance for homeless individuals. The entities are also required to follow the new provisions in processing applications and distributing funds, ensuring that the assistance provided is both timely and effective. The Act does not explicitly outline specific offences, penalties, or consequences for breaches within its text. However, given its nature as an amendment to the Principal Act, it is reasonable to infer that any breaches of the amended provisions could potentially incur the same penalties as those stipulated in the Principal Act, which could include fines and other civil or administrative actions as determined by relevant authorities. The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the Principal Act that are being enforced.