Housing Assistance Act 1989
Act No. 7 of 1990 as amended
This compilation was prepared on 11 September 2000
taking into account amendments up to Act No. 24 of 1996
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]...........................
2 Commencement [see Note 1].......................
3 Interpretation.................................
4 Agreements between Commonwealth and States............
5 Grants for housing..............................
6 Payments to be made out of money appropriated............
7 Principal appropriation...........................
7A Commonwealth funds to be carried forward...............
8 Appropriation for housing assistance for young people........
9 Appropriation for mortgage relief.....................
10 Appropriation for the Australian Capital Territory...........
11 Allocation among the States of specific grants.............
12 Allocation among the States of untied grants in first grant year....
13 Allocation among the States of untied grants after first grant year..
14 Payments for research, development and evaluation..........
15 Grants to be matched by State.......................
15A Grants to be matched by State—exception................
16 Reallocation or retention of specific grants...............
17 Advances...................................
18 Payments under the 1984 Act.......................
19 Determinations to be in writing......................
20 Annual report by Minister.........................
21 Amendment of the 1984 Act........................
Schedule 1—Form of Housing Agreement
The Schedule—Cost rent principles
Schedule 2—Allocation among states of amounts appropriated for untied grants in respect of first grant year
Schedule 3—Allocation among states of amounts appropriated for untied grants in respect of second and third grant years
Notes
An Act to provide financial assistance to the States, the Australian Capital Territory and the Northern Territory in relation to housing, and for related purposes
1 Short title [see Note 1]
This Act may be cited as the Housing Assistance Act 1989.
2 Commencement [see Note 1]
(1) This Act, other than section 21, commences on the day on which it receives the Royal Assent.
(2) Section 21 shall be taken to have commenced on 1 July 1989.
3 Interpretation
In this Act:
1984 Act means the Housing Assistance Act 1984.
advance means an advance under section 17.
grant means a payment authorised under section 5.
grant year means the financial year commencing on 1 July 1989 or any later financial year commencing before 1 July 1996.
housing agreement means an agreement made under subsection 4(1), being, where the agreement has been varied under subsection 4(2), the agreement as so varied.
priority provision, in relation to a housing agreement, means a provision of the agreement that is substantially in accordance with clause 36 of the form in Schedule 1.
specific assistance means specific housing assistance referred to in a housing agreement.
specific grant means a grant for specific assistance.
State includes the Australian Capital Territory and the Northern Territory.
State Minister, in relation to a State with which…
Overview
The Housing Assistance Act 1989 was enacted to provide financial assistance to the States, Australian Capital Territory, and the Northern Territory for housing, addressing a gap in housing support and funding. The Act was passed by the Australian Parliament and received Royal Assent on 17 January 1990, with various sections commencing on different dates. The primary objective of this legislation is to facilitate the provision of housing assistance through agreements between the Commonwealth and the States, ensuring equitable access to housing for all Australians. It also aims to coordinate and support housing assistance programs, ensuring they are delivered efficiently and effectively. The Act authorises the Commonwealth to provide grants to the States for specific housing assistance, including rental housing and home purchase assistance, subject to certain conditions and guidelines. It outlines the allocation of funds, the matching funds requirement by the States, and the processes for the administration and evaluation of these programs. The Act also specifies the rights and participation of users in housing assistance programs and mandates the supply of information to monitor and evaluate the effectiveness of the assistance provided.
Scope and Application
The Housing Assistance Act 1989 is an Australian Commonwealth Act that provides financial assistance to the States, the Australian Capital Territory, and the Northern Territory in relation to housing. The Act enables the Commonwealth to enter into agreements with the States for the provision of housing assistance. The Act applies to the States and Territories of Australia, including the Australian Capital Territory and the Northern Territory, and encompasses both public and private housing sectors. The primary purpose of the Act is to ensure that every person in Australia has access to secure, adequate, and appropriate housing at a price within their capacity to pay. The Act provides for the allocation of specific grants and untied grants to States for various housing purposes, including rental housing assistance and home purchase assistance. Specific grants are targeted towards particular housing needs such as assistance for pensioners and Aboriginals, while untied grants provide more general financial assistance for housing. The Act also stipulates that States must match a portion of the untied grants with their own funds. The Act is subject to amendments by subordinate legislation, which can alter the appropriation of funds, the allocation of grants among the States, and other provisions to adapt to changing circumstances or policy objectives. Exclusions or exemptions within the Act are minimal, focusing primarily on the conditions and circumstances under which grants can be adjusted or reallocated. The Act is a comprehensive legislative framework that seeks to coordinate housing assistance policies across different jurisdictions in Australia, ensuring a consistent approach to housing affordability and availability.
Key Provisions
- The Housing Assistance Act 1989 (Cth) outlines the framework for providing financial assistance to the States, the Australian Capital Territory, and the Northern Territory for housing purposes. The Act allows for agreements between the Commonwealth and States, authorizing payments for specific housing assistance and other housing-related purposes. Payments are to be made out of money appropriated for the purpose, with the Consolidated Revenue Fund appropriated for various grants during the specified grant years. The Act also details the allocation of specific and untied grants among the States, including provisions for equal per capita distribution and adjustments for employment generation in the housing industry. Additionally, the Act sets out the conditions for matching grants from the States, the possibility of reallocating specific grants, and the arrangements for making advances to States.
- The Act imposes several obligations on the parties it governs. For instance, the Commonwealth is required to make agreements with States that are substantially in accordance with a prescribed form and to ensure that payments are made out of appropriated funds. States are obligated to match certain grants with their own funds and to include specific information in their housing assistance materials. Furthermore, the Act mandates the Minister to cause annual reports to be laid before Parliament and requires States to provide certain information to the Commonwealth, including financial resources, program outputs, and statements on the operation of specified accounts.
- Failure to comply with the Act's provisions can result in civil and criminal consequences. For example, if a State fails to repay financial assistance or matching funds as required, it may face financial penalties. Additionally, the Act allows for the reallocation or revocation of specific grants if a State fails to comply with the agreement or guidelines. While the Act does not explicitly state maximum penalties for breaches, non-compliance can lead to financial readjustments and the reallocation of funds to other States. It is important for the parties to adhere to the Act's provisions to avoid such consequences and to ensure the effective delivery of housing assistance.
- Area of Law
- Housing Law
- Administrative Law
- Public Finance Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Grants for housing
- Payments to be made out of money appropriated
- Principal appropriation
- Appropriation for housing assistance for young people
