Housing Assistance Amendment Act 1987

Overview

The Housing Assistance Amendment Act 1987, enacted by the Commonwealth Parliament, amends the Housing Assistance Act 1984 to address issues related to the allocation and management of housing grants. The Act aims to ensure that housing assistance is provided effectively and in accordance with agreements between the Commonwealth and the States. The principal objective of this Act is to provide flexibility in the allocation of housing grants, allowing for the reallocation of funds if a State fails to comply with the terms of the grant agreements or guidelines. This ensures that housing assistance is used efficiently and in line with the intended purposes, thereby improving the overall effectiveness of housing support programs. The Act specifically allows the Minister to revoke or vary grants if a State contravenes the terms of the agreement or guidelines, and it empowers the Minister to reallocate those funds to other States that meet the criteria. This legislative amendment was introduced to enhance accountability and to ensure that housing funds are directed towards areas where they are most needed, thus addressing the identified gap in the original Housing Assistance Act 1984.

Scope and Application

The Housing Assistance Amendment Act 1987 is a Commonwealth statute designed to amend the Housing Assistance Act 1984. It applies to the allocation and administration of housing grants within Australia, specifically targeting entities such as state governments and local authorities involved in housing provision. The Act provides for the appropriation of funds to the Consolidated Revenue Fund for making grants related to housing assistance, with particular emphasis on local government and community housing as well as crisis accommodation. The legislation grants the Minister the authority to allocate or reallocate these funds based on compliance with agreements and guidelines between the Commonwealth and the States. If a state contravenes the terms of such agreements or guidelines, the Minister may revoke or reduce the grant, and reallocate the funds to other states deemed appropriate. The Act extends its jurisdictional reach across the entire Commonwealth of Australia, ensuring a uniform approach to housing assistance funding and regulation.

Key Provisions

The Housing Assistance Amendment Act 1987 makes several amendments to the Housing Assistance Act 1984. Firstly, it appropriates funds from the Consolidated Revenue Fund for the purpose of making grants for housing assistance. Specifically, it allocates $700 million for each of the years commencing on 1 July 1988 and 1 July 1989, with $11 million set aside for local government and community housing and $14 million for crisis accommodation (Section 3). Secondly, it provides that if a state contravenes or acts inconsistently with a provision of an agreement or guideline relating to a grant, the Minister may revoke or vary the authorisation of the grant, or reallocate the funds to another state (Section 4(1a)). If the Minister revokes or reduces an authorisation and declares an amount available for reallocation, the Minister may then make grants to other states (Section 4(1b)). The Housing Assistance Amendment Act 1987 imposes obligations on the Minister and the states. The Minister must ensure that grants are made in accordance with the agreement and guidelines, and may revoke or vary the authorisation of a grant if a state contravenes or acts inconsistently with the agreement or guidelines. The states, on the other hand, must comply with the provisions of the agreement and guidelines in order to receive the grants. If a state contravenes or acts inconsistently with the agreement or guidelines, it may lose its entitlement to the grant or have the amount of the grant reduced. The Housing Assistance Amendment Act 1987 does not explicitly state any offences, penalties, or consequences for breach. However, the Act provides that the Minister may revoke or vary the authorisation of a grant if a state contravenes or acts inconsistently with the agreement or guidelines. This could have financial consequences for the state, as it may lose its entitlement to the grant or have the amount of the grant reduced. Additionally, if a state contravenes or acts inconsistently with the agreement or guidelines, it may be subject to other legal consequences, such as legal action or administrative penalties, depending on the nature and severity of the contravention or inconsistency.