Housing Legislation Amendment Act 1995

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Housing Legislation Amendment Act 1995

No. 49 of 1995

 

An Act to amend certain legislation relating to housing, and for related purposes

[Assented to 23 June 1995]

The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Housing Legislation Amendment Act 1995.


Commencement

2. This Act commences on the day on which it receives the Royal Assent.

Schedule

3. The Acts specified in the Schedule to this Act are amended in accordance with the applicable items in the Schedule, and the other items in the Schedule have effect according to their terms.

__________


 SCHEDULE Section 3

PART 1—AMENDMENTS OF THE FIRST HOME OWNERS ACT 1983

1. After subsection 27(1):

Insert:

"(1A) Subsection (1) ceases to have effect on 31 August 1995.".

2. Subsection 27(2):

Omit "A person", substitute "Subject to subsection (2A), a person".

3. Subsection 27(2):

Omit ", within such time (if any) as is prescribed, ".

4. After subsection 27(2):

Insert:

"(2A) A request under subsection (2) must be in writing and furnished to the Secretary not later than:

(a) the end of the period of 28 days after the day on which notice of the decision was served on the person making the request; or

(b) 31 August 1995;

whichever is the later.".

5. Paragraph 28(1)(a):

Omit "subsection 27(2)", substitute "subsections 27(2) and (2A)".

6. Section 41:

Add at the end:

"(3) The Secretary is not required by subsection (1) to furnish a report as to the administration and operation of this Act during any year after the year ending on 30 June 1995.".

7. Application

The amendments made by items 2, 3 and 4 apply to:

(a) a decision made after the commencement of this Act; and

(b) a decision made before the commencement of this Act in respect of which a request for reconsideration had not been made under subsection 27(2) of the First Home Owners Act 1983 before that commencement.

PART 2—AMENDMENTS OF THE HOME DEPOSIT
ASSISTANCE ACT 1982

1. Section 45:

Omit "46 and 47", substitute "46, 47 and 48".

SCHEDULE—continued

2. Section 46:

Add at the end:

"(2) This section ceases to have effect on 31 August 1995.".

3. Subsection 47(1):

Omit "A person", substitute "Subject to subsection (3), a person".

4. Subsection 47(1):

Omit ", within such time (if any) as is prescribed,".

5. Section 47:

Add at the end:

"(3) A request under subsection (1) must be in writing and furnished to the Secretary not later than:

(a) the end of the period of 28 days after the day on which notice of the decision was served on the person making the request; or

(b) 31 August 1995;

whichever is the later.".

6. Section 48:

Repeal the section, substitute:

Making and notification of decisions

"48.(1) A decision of the Secretary must be in writing.

"(2) Written notice of a decision of the Secretary must be served by post on the applicant, or on each of the applicants, as the case may be.

"(3) A notice under subsection (2) of a decision of the Secretary (other than a decision made under section 47) must include a statement to the effect that:

(a) the applicant may, if dissatisfied with the decision, request a reconsideration of the decision by the Secretary under section 47; and

(b) the applicant may, subject to the Administrative Appeals Tribunal Act 1975, if dissatisfied with a decision made by the Secretary on the reconsideration confirming or varying the first-mentioned decision, make application to the Administrative Appeals Tribunal for review of the decision so confirmed or varied.

"(4) Notice under subsection (2) of a decision made on a reconsideration under section 47 must include a statement to the effect that a person affected by the decision may, if dissatisfied with the decision, make application to the Administrative Appeals Tribunal for review of the decision.".


SCHEDULE—continued

7. Application

The amendments made by items 3, 4 and 5 apply to:

(a) a decision made after the commencement of this Act; and

(b) a decision made before the commencement of this Act in respect of which a request for reconsideration had not been made under section 47 of the Home Deposit Assistance Act 1982 before that commencement.

PART 3—AMENDMENTS OF THE HOMES SAVINGS GRANT ACT 1964

1. Section 9:

Add at the end:

"(2) A determination, direction, decision or approval of an officer (including the Secretary) under this Act must be in writing.

"(3) Notice of a determination, direction, decision or approval of an officer (including the Secretary) must be served by post on the applicant, or on each of the applicants, as the case may be.".

2. Section 10:

Add at the end:

"(2) This section ceases to have effect on 31 August 1995.".

3. Section 11:

Omit "A person", substitute "Subject to subsection (2), a person".

4. Section 11:

Omit "(other than a determination, direction, decision or approval of the Secretary) may, within such time (if any) as is prescribed, ", substitute "(including a determination, direction, decision or approval of the Secretary) may".

5. Section 11:

Add at the end:

"(2) An appeal must be in writing and furnished to the Secretary not later than:

(a) the end of the period of 28 days after the day on which notice of the decision was served on the appellant; or

(b) 31 August 1995;

whichever is the later.".


SCHEDULE—continued

6. Application

The amendments made by items 3, 4 and 5 apply to:

(a) a determination, direction, decision or approval made or given after the commencement of this Act; and

(b) a determination, direction, decision or approval made or given before the commencement of this Act in respect of which an appeal had not been made under section 11 of the Homes Savings Grant Act 1964 before that commencement.

PART 4—AMENDMENTS OF THE HOMES SAVINGS GRANT ACT 1976

1. Section 37:

Omit "38, 39", substitute "38, 39, 39A".

2. Section 38:

Add at the end:

"(2) This section ceases to have effect on 31 August 1995.".

3. Subsection 39(1):

Omit "A person", substitute "Subject to subsection (3), a person".

4. Subsection 39(1):

Omit ", within such time (if any) as is prescribed,".

5. Section 39:

Add at the end:

"(3) A request under subsection (1) must be in writing and furnished to the Secretary not later than:

(a) the end of the period of 28 days after the day on which notice of the decision was served on the person making the request; or

(b) 31 August 1995;

whichever is the later.".

6. After section 39:

Insert:

Making and notification of decisions

"39A.(1) A decision of the Secretary must be in writing.

"(2) Written notice of a decision of the Secretary must be served by post on the applicant, or on each of the applicants, as the case may be.


SCHEDULE—continued

"(3) A notice under subsection (2) of a decision of the Secretary (other than a decision made under section 39) must include a statement to the effect that:

(a) the applicant may, if dissatisfied with the decision, request a reconsideration of the decision by the Secretary under section 39; and

(b) the applicant may, subject to the Administrative Appeals Tribunal Act 1975, if dissatisfied with a decision made by the Secretary on the reconsideration confirming or varying the first-mentioned decision, make application to the Administrative Appeals Tribunal for review of the decision so confirmed or varied.

"(4) Notice under subsection (2) of a decision made on a reconsideration under section 39 must include a statement to the effect that a person affected by the decision may, if dissatisfied with the decision, make application to the Administrative Appeals Tribunal for review of the decision.".

7. Application

The amendments made by items 3, 4 and 5 apply to:

(a) a decision made after the commencement of this Act; and

(b) a decision made before the commencement of this Act in respect of which a request had not been made under section 39 of the Homes Savings Grant Act 1976 before that commencement.

PART 5—AMENDMENTS OF THE HOUSING ASSISTANCE ACT 1989

1. Subsection 15(2A):

Omit "sixth grant year", substitute "sixth or seventh grant year".

2. Subsection 15A(2):

Omit "fifth grant year or the sixth grant year", substitute "fifth, sixth or seventh grant year".

 

[Minister's second reading speech made in—

House of Representatives on 9 May 1995

Senate on 11 May 1995]

Overview

The Housing Legislation Amendment Act 1995 was enacted by the Parliament of Australia and received Royal Assent on 23 June 1995. This legislation was introduced to address gaps in the existing housing laws by amending several acts to ensure a streamlined and updated approach to housing assistance, thereby enhancing the efficiency and effectiveness of housing-related provisions. The overarching policy objective of this Act is to modernise and standardise the administrative processes across various housing acts, thereby improving the overall management and delivery of housing assistance. This Act specifically targets and amends the First Home Owners Act 1983, the Home Deposit Assistance Act 1982, the Homes Savings Grant Act 1964, the Homes Savings Grant Act 1976, and the Housing Assistance Act 1989. The amendments include updating the timeframes for reconsiderations and appeals, mandating written communications for decisions and notifications, and providing clearer guidelines for the administrative procedures within these acts. By doing so, the legislation aims to bring consistency and clarity to the application and administration of housing-related decisions and processes.

Scope and Application

The Housing Legislation Amendment Act 1995 is a Commonwealth Act that amends various housing-related Acts, including the First Home Owners Act 1983, the Home Deposit Assistance Act 1982, the Homes Savings Grant Act 1964, the Homes Savings Grant Act 1976, and the Housing Assistance Act 1989. The Act applies to individuals and entities engaged in housing transactions and decisions under these Acts, such as first-time home buyers, applicants for home deposit assistance, and recipients of savings grants. The amendments generally apply to decisions made after the Act's commencement, as well as to pre-existing decisions where specific actions, such as requests for reconsideration or appeals, had not been initiated prior to the Act's commencement. The Act imposes procedural requirements, such as mandating written submissions and decisions, and specifies time limits for these actions, often culminating on 31 August 1995. It also introduces changes to the operation and administration of these Acts, such as altering the cessation dates of certain sections and expanding the scope of who can make decisions or determinations under the Acts. The Act does not specify any exclusions or exemptions but instead provides a framework for the procedural aspects of housing-related decisions and transactions, potentially extending its application through subordinate instruments.

Key Provisions

The Housing Legislation Amendment Act 1995 amends several pieces of housing-related legislation. The primary sections of the Act involve amendments to the First Home Owners Act 1983, Home Deposit Assistance Act 1982, Homes Savings Grant Act 1964, Homes Savings Grant Act 1976, and Housing Assistance Act 1989. Firstly, the Act modifies the First Home Owners Act 1983 by ceasing the effect of subsection 27(1) on 31 August 1995 and requiring written requests for reconsideration to be submitted within a specific timeframe. It also mandates that written notice of decisions be served by post and includes provisions for reconsideration and review by the Administrative Appeals Tribunal. The Home Deposit Assistance Act 1982 is amended to require written requests for reconsideration, mandate written decisions, and include specific notification requirements for decisions, including the right to request reconsideration and seek review by the Administrative Appeals Tribunal. The Homes Savings Grant Act 1964 is amended to mandate that all determinations, directions, decisions, or approvals be in writing and that written notice of these be served by post. It also includes provisions for written appeals and sets a deadline for submitting these appeals. For the Homes Savings Grant Act 1976, the Act requires written requests for reconsideration, mandates written decisions, and includes notification requirements similar to those in the Home Deposit Assistance Act 1982, ensuring applicants are informed of their right to request reconsideration and seek review by the Administrative Appeals Tribunal. Finally, the Housing Assistance Act 1989 is amended to extend the eligibility for grants to the seventh grant year. The Act imposes various obligations on parties and entities governed by the amended Acts. It requires that all reconsideration requests, appeals, and decisions be in writing and served by post. It mandates that decisions be communicated in writing, including statements informing applicants of their right to request reconsideration and seek review by the Administrative Appeals Tribunal. Additionally, it imposes deadlines for making reconsideration requests and appeals, ensuring timely action and adherence to statutory timelines. Breaches of the legislative requirements outlined in the Act can lead to various consequences. While the Act does not explicitly state penalties for non-compliance, failure to adhere to the stipulated procedures for requests, reconsiderations, and appeals may result in the invalidation of such requests or appeals. This could potentially affect the legal standing of applicants in pursuing further administrative or judicial review. Additionally, not complying with the requirement to serve written notices by post may also impact the enforceability of decisions and the rights of applicants to seek redress through the Administrative Appeals Tribunal.

Legal classification tags

Area of Law
Housing Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Definitions & Interpretation
Reporting & Disclosure Obligations
Enforcement Powers

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.