Treasury Laws Amendment (National Housing and Homelessness Agreement) Act 2018

Administered by Department of the Treasury

Legislation au C2018A00016 In force Act

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Treasury Laws Amendment (National Housing and Homelessness Agreement) Act 2018

 

No. 16, 2018

 

 

 

 

 

An Act to amend the Federal Financial Relations Act 2009, and for other purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Part 1—Amendments

Federal Financial Relations Act 2009

Part 2—Transitional

 

 

 

Treasury Laws Amendment (National Housing and Homelessness Agreement) Act 2018

No. 16, 2018

 

 

 

An Act to amend the Federal Financial Relations Act 2009, and for other purposes

[Assented to 28 March 2018]

The Parliament of Australia enacts:

1  Short title

  This Act is the Treasury Laws Amendment (National Housing and Homelessness Agreement) Act 2018.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

1 July 2018.

1 July 2018

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Part 1—Amendments

Federal Financial Relations Act 2009

1  After paragraph 3(ba)

Insert:

 (bb) payments relating to:

 (i) housing; and

 (ii) homelessness; and

 (iii) housing affordability matters;

  to be spent by the States in accordance with:

 (iv) a primary housing agreement and a supplementary housing agreement; or

 (v) a designated housing agreement; and

2  Section 4

Insert:

designated housing agreement means an agreement that:

 (a) is entered into between the Commonwealth and one or more States; and

 (b) relates to any or all of the following:

 (i) housing;

 (ii) homelessness;

 (iii) housing affordability matters; and

 (c) is expressed to be a designated housing agreement for the purposes of this Act; and

 (d) is entered into before or after the commencement of Part 3B.

housing affordability matter means a matter that is likely to affect the affordability of housing.

primary housing agreement means an agreement that:

 (a) is entered into between the Commonwealth and one or more States; and

 (b) relates to any or all of the following:

 (i) housing;

 (ii) homelessness;

 (iii) housing affordability matters; and

 (c) is expressed to be a primary housing agreement for the purposes of this Act; and

 (d) is entered into before or after the commencement of Part 3B.

supplementary housing agreement means an agreement that:

 (a) is entered into between the Commonwealth and a single State; and

 (b) relates to any or all of the following:

 (i) housing;

 (ii) homelessness;

 (iii) housing affordability matters; and

 (c) relates to:

 (i) a single financial year; or

 (ii) each of 2 consecutive financial years; or

 (iii) each of 3 consecutive financial years; or

 (iv) each of 4 consecutive financial years; or

 (v) each of 5 consecutive financial years; and

 (d) is expressed to be a supplementary housing agreement for the purposes of this Act; and

 (e) is entered into before or after the commencement of Part 3B.

3  Section 14

Repeal the section.

4  After Part 3A

Insert:

Part 3B—Payments relating to housing, homelessness and housing affordability matters

 

15B  Simplified outline of this Part

• Payments relating to housing, homelessness and housing affordability matters may be made to a State if the State is a party to:

 (a) a primary housing agreement; and

 (b) a supplementary housing agreement.

• Payments relating to housing, homelessness and housing affordability matters may be made to a State if the State is a party to a designated housing agreement.

15C  Payments relating to housing, homelessness and housing affordability matters—primary housing agreement and supplementary housing agreement

Scope

 (1) This section applies to a State in relation to a financial year if the State is a party to:

 (a) a primary housing agreement; and

 (b) a supplementary housing agreement that relates to the financial year.

Determination

 (2) The Minister may determine that an amount specified in the determination is to be paid to the State for the purpose of making a grant of financial assistance for the financial year for the purpose of expenditure in accordance with:

 (a) the primary housing agreement; and

 (b) the supplementary housing agreement.

 (3) A determination under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.

Terms and conditions

 (4) Financial assistance is payable to the State under this section for the financial year on condition that the financial assistance is spent in accordance with:

 (a) the primary housing agreement; and

 (b) the supplementary housing agreement.

 (5) Financial assistance is payable to the State under this section for the financial year on condition that, at all times during the period ascertained in accordance with the primary housing agreement or the supplementary housing agreement, the State will:

 (a) have a housing strategy for the State that:

 (i) indicates the level of housing supply needed to respond to projected housing demand, and outlines the reforms and initiatives that contribute to meeting this need; and

 (ii) includes such other matters (if any) as are specified in the primary housing agreement or the supplementary housing agreement; and

 (b) so far as is reasonably practicable to do so—make the housing strategy available on a publicly accessible website.

 (6) Financial assistance is payable to the State under this section for the financial year on condition that, at all times during the period ascertained in accordance with the primary housing agreement or the supplementary housing agreement, the State will:

 (a) have a homelessness strategy for the State that:

 (i) addresses the priority homelessness cohorts identified in the primary housing agreement; and

 (ii) includes reforms or initiatives that contribute to a reduction in the incidence of homelessness; and

 (iii) includes such other matters (if any) as are specified in the primary housing agreement or the supplementary housing agreement; and

 (b) so far as is reasonably practicable to do so—make the homelessness strategy available on a publicly accessible website.

 (7) Financial assistance is payable to the State under this section for the financial year on condition that, for each $1 paid to the State under this section for the financial year in relation to homelessness, the State will spend during the financial year, out of its own resources, $1 in relation to homelessness.

 (8) Financial assistance is payable to the State under this section for the financial year on condition that the State will:

 (a) give the Minister such information (if any) relating to any or all of the following:

 (i) housing;

 (ii) homelessness;

 (iii) housing affordability matters;

  as is specified in the primary housing agreement or the supplementary housing agreement; and

 (b) do so in the manner, and within the period, ascertained in accordance with the primary housing agreement or the supplementary housing agreement, as the case requires.

 (9) The following are matters for the State:

 (a) the accuracy (or likely accuracy) of the level of housing supply indicated in the housing strategy mentioned in subsection (5);

 (b) the quality or effectiveness (or likely quality or effectiveness) of the reforms and initiatives included in that housing strategy;

 (c) the quality or effectiveness (or likely quality or effectiveness) of the reforms or initiatives included in the homelessness strategy mentioned in subsection (6).

15D  Payments relating to housing, homelessness and housing affordability matters—designated housing agreement

 (1) The Minister may determine that an amount specified in the determination is to be paid to a State specified in the determination for the purpose of making a grant of financial assistance for the purpose of expenditure in accordance with a designated housing agreement to which the State is a party.

 (2) A determination under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.

 (3) Financial assistance is payable to a State under this section on condition that the financial assistance is spent in accordance with the designated housing agreement.

 (4) Financial assistance payable to a State under this section is subject to such additional terms and conditions (if any) as are set out in the designated housing agreement.

5  Paragraph 17(b)

Omit “or 3A”, substitute “, 3A or 3B”.

6  Paragraph 18(1)(b)

Omit “or 3A”, substitute “, 3A or 3B”.

7  Paragraph 18(2)(b)

Omit “or 3A”, substitute “, 3A or 3B”.

8  After paragraph 21(aa)

Insert:

 (ab) if:

 (i) the determination relates to financial assistance to a State under section 15C; and

 (ii) the State is a party to a primary housing agreement or a supplementary housing agreement;

  the primary housing agreement or the supplementary housing agreement, as the case may be; and

 (ac) if:

 (i) the determination relates to financial assistance to a State under section 15D; and

 (ii) the State is a party to a designated housing agreement;

  the designated housing agreement; and

9  Section 22

After “Part 3A”, insert “, Part 3B”.

Part 2—Transitional

10  Transitional—section 14 of the Federal Financial Relations Act 2009

Despite the repeal of section 14 of the Federal Financial Relations Act 2009 by this Schedule, that Act continues to apply, in relation to financial assistance for a financial year ending before 1 July 2018, as if that repeal had not happened.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 25 October 2017

Senate on 19 March 2018]

 

(248/17)

 

Overview

The Treasury Laws Amendment (National Housing and Homelessness Agreement) Act 2018, enacted by the Parliament of Australia, seeks to address the need for a structured framework for housing and homelessness funding agreements between the Commonwealth and the States. This Act amends the Federal Financial Relations Act 2009 to facilitate the establishment of primary housing agreements, supplementary housing agreements, and designated housing agreements, which are intended to guide the distribution and utilisation of Commonwealth funds aimed at addressing housing and homelessness issues across the States. By establishing clear terms and conditions under which such funds are to be allocated and utilised, the Act aims to enhance the efficiency and effectiveness of housing and homelessness initiatives at the state level. The Act's provisions are designed to ensure that financial assistance is spent in alignment with the agreed strategies and priorities, thereby supporting the overarching policy objective of improving housing affordability and reducing homelessness across Australia.

Scope and Application

The Treasury Laws Amendment (National Housing and Homelessness Agreement) Act 2018 applies to the Commonwealth and the states and territories of Australia, focusing on the financial assistance provided for housing, homelessness, and housing affordability matters. The Act amends the Federal Financial Relations Act 2009 to introduce provisions for payments to states based on agreements related to housing and homelessness, including primary, supplementary, and designated housing agreements. Financial assistance is contingent upon states meeting specific conditions, such as having a housing and homelessness strategy, and providing relevant information to the Minister. The Act's provisions came into effect on 1 July 2018, and it includes transitional provisions to ensure continuity for financial assistance related to financial years ending before this date. Notably, the Act does not apply to disallowance under the Legislation Act 2003 for determinations made under it. The Act extends its application through subordinate instruments that may further specify terms and conditions for the financial assistance provided under the various housing agreements. It includes no explicit exclusions or exemptions, but the applicability of financial assistance is strictly governed by the terms of the agreements and the conditions stipulated in the Act.

Key Provisions

The Treasury Laws Amendment (National Housing and Homelessness Agreement) Act 2018 amends the Federal Financial Relations Act 2009 by introducing a new regime for payments related to housing, homelessness, and housing affordability matters. The key provisions of the Act (sections 15B, 15C, 15D) establish that payments can be made to states that are parties to either a primary housing agreement, a supplementary housing agreement, or a designated housing agreement. These agreements must relate to housing, homelessness, and housing affordability matters and be entered into between the Commonwealth and the relevant states. The Act specifies that financial assistance is payable to states under certain conditions, including adherence to the agreements and the creation of publicly accessible housing and homelessness strategies. Under the Act, states must comply with several obligations. Firstly, if a state is party to both a primary and a supplementary housing agreement, the Minister for Treasury may determine an amount to be paid to the state for the purpose of making grants of financial assistance. This financial assistance must be spent in accordance with the agreements, and the state must maintain and make available housing and homelessness strategies on publicly accessible websites. Additionally, the state must provide specified information relating to housing, homelessness, and housing affordability matters to the Minister in the manner and period stipulated in the agreements. Furthermore, if a state is party to a designated housing agreement, the Minister may determine an amount to be paid to the state for the purpose of making grants of financial assistance. This assistance must also be spent in accordance with the designated housing agreement and is subject to any additional terms and conditions set out in that agreement. Breach of the obligations and requirements stipulated in the Act may result in civil or criminal consequences. While the Act does not explicitly state penalties for non-compliance, failure to adhere to the conditions for receiving financial assistance, such as not maintaining the required strategies or providing necessary information, could potentially lead to the withholding of payments. Additionally, as financial assistance is subject to the terms of the agreements, any breach of those agreements could result in legal action or other consequences as outlined in the respective agreements. The maximum penalties for breaches would depend on the specific nature of the breach and the terms of the housing agreements in question.

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Administrative Law
Environmental Law
Property Law
Instrument
Act
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Commencement Provisions
Regulatory Standards
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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.