{"id":"community-housing-providers-national-law-south-australia-act-2013","name":"Community Housing Providers (National Law) (South Australia) Act 2013","slug":"community-housing-providers-national-law-south-australia-act-2013","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31799,"registerId":"sa-community-housing-providers-national-law-south-australia-act-2013-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Community Housing Providers (National Law) (South Australia) Act 2013","content":"South Australia\nCommunity Housing Providers (National Law) (South Australia) Act 2013\nAn Act to apply as a law of this State a national law relating to the registration of community housing providers; to make other provision for community housing providers and community housing; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Application of Community Housing Providers National Law\n4\tApplication of Community Housing Providers National Law\n5\tMeaning of certain terms in Community Housing Providers National Law for the purposes of this jurisdiction\n6\tExclusion of legislation of this jurisdiction\n7\tCommunity housing legislation\n8\tCommunity housing assets\n9\tHousing Agency\n10\tRelevant Minister\n11\tRegistrar\n12\tDelegation of functions by Registrar\n13\tFees\nPart 3—Additional South Australian provisions relating to community housing\nDivision 1—Interpretation\n15\tInterpretation\nDivision 2—Administration\n16\tFunctions and powers of Minister\n17\tPower of Minister to delegate\n18\tFunctions and powers of SAHT\n19\tPower of SAHT to delegate\nDivision 3—Community housing agreements, property and financial matters\n20\tCommunity housing agreements\n21\tCommunity housing agreement binding on community housing providers\n22\tCreation of charge\n23\tEnforcement of charge\n24\tDealings with land in which SAHT has an interest\n25\tAppeals\nDivision 4—Transfer of property etc\n26\tTransfer of property etc\nPart 4—Miscellaneous\n27\tAppointment of authorised officers\n28\tPowers of authorised officers\n29\tFalse information\n30\tGeneral power to grant extensions and exemptions\n31\tEvidentiary provision\n32\tContinuing offences\n33\tGeneral defence\n34\tRemission from taxes etc\n35\tService\n36\tFees in respect of lodging documents\n37\tRegulations\nSchedule 1—Community Housing Providers National Law\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tObject\n4\tDefinitions\n5\tPrimary jurisdiction\n6\tSingle national register\n7\tExtraterritorial operation of Law\n8\tLaw binds the State\nPart 2—The Registrar\n9\tThe Registrar\n10\tFunctions of Registrar\n11\tDelegation of functions by Registrar\nPart 3—Registration\n12\tNational Register of Community Housing Providers\n13\tApplication for registration or variation of registration\n14\tDetermination of application\n15\tConditions of registration\n16\tCancellation of registration\nPart 4—Enforcement powers of Registrar\n17\tWhen action may be taken under Part\n18\tNotice of non‑compliance\n19\tBinding instructions to rectify non‑compliance\n20\tNotice of intent to cancel registration\n21\tStatutory managers\n22\tOther provisions relating to exercise of functions by statutory manager\n23\tDisplacement of Corporations Act 2001 (Cth)\n24\tNo compensation payable by State\nPart 5—Miscellaneous\n25\tAppeals to Appeal Tribunal\n26\tDisclosure of information\nSchedule 1—National Regulatory Code\n1\tTenant and housing services\n2\tHousing assets\n3\tCommunity engagement\n4\tGovernance\n5\tProbity\n6\tManagement\n7\tFinancial viability\nSchedule 2—Internal disputes\n1\tInterpretation\n2\tApplication to Appeal Tribunal\n4\tRelated matters\nSchedule 3—Transitional provisions\nPart 4—Transitional provisions\n14\tInterpretation\n15\tTransitional provision—housing co‑operatives\n16\tTransitional provisions—housing associations\n17\tRelated matters\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Community Housing Providers (National Law) (South Australia) Act 2013.\n3—Interpretation\n\t(1)\tFor the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the South Australian Community Housing Providers National Law text.\n\t(2)\tIn the local application provisions of this Act—\nauthorised officer means an authorised officer appointed under section 27;\ncommunity housing provider means an entity that provides community housing;\nCommunity Housing Providers National Law (South Australia) means the provisions applying in relation to this jurisdiction because of section 4;\nDepartment means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act;\nland means, according to the context—\n\t(a)\tland as a physical entity; or\n\t(b)\tany legal estate or interest in, or right in respect of, land,\nand includes any building or structure fixed to land;\nSAHT means the South Australian Housing Trust and includes a subsidiary of the South Australian Housing Trust;\nSouth Australian Community Housing Providers National Law text means the Community Housing Providers National Law set out in Schedule 1 (as in force for the time being);\nthis jurisdiction means the State of South Australia.\n\t(3)\tTerms used in the local application provisions of this Act and also in the South Australian Community Housing Providers National Law text have the same meanings in those provisions as they have in that text unless the contrary intention appears.\n\t(4)\tA reference in this or any other Act to the Community Housing Providers National Law is a reference to—\n\t(a)\tthe Community Housing Providers National Law as it applies as a law of a participating jurisdiction; or\n\t(b)\tthe law that substantially corresponds to the law referred to in paragraph (a).\nPart 2—Application of Community Housing Providers National Law\n4—Application of Community Housing Providers National Law\n\t(1)\tThe South Australian Community Housing Providers National Law text—\n\t(a)\tapplies as a law of South Australia; and\n\t(b)\tas so applying may be referred to as the Community Housing Providers National Law (South Australia).\n\t(2)\tIf—\n\t(a)\tthe Parliament of New South Wales enacts an amendment to the Community Housing Providers National Law set out in the Appendix to the Community Housing Providers (Adoption of National Law) Act 2012 of New South Wales; and\n\t(b)\tthe Governor is satisfied that an amendment that corresponds, or substantially corresponds, to the amendment made by the Parliament of New South Wales should be made to the Community Housing Providers National Law (South Australia),\nthe Governor may, by regulation, amend the South Australian Community Housing Providers National Law text.\n\t(3)\tThe Governor may, as part of a regulation made under subsection (2), make any additional provision (including so as to modify an amendment that has been made to the Community Housing Providers National Law by the Parliament of New South Wales or to provide for related or transitional matters) considered by the Governor to be necessary to ensure that the amendment to the Community Housing Providers National Law has proper effect in South Australia.\n\t(4)\tA regulation made under subsection (2) may, if the regulation so provides, take effect from the day of the commencement of an amendment to the Community Housing Providers National Law made by the Parliament of New South Wales (including a day that is earlier than the day of the regulation's publication in the Gazette).\n5—Meaning of certain terms in Community Housing Providers National Law for the purposes of this jurisdiction\n\t(1)\tIn the Community Housing Providers National Law (South Australia)—\nAppeal Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;\nthis jurisdiction means the State of South Australia.\n\t(2)\tThe relevant appeal period for the purposes of section 25 of the Community Housing Providers National Law (South Australia) is 30 days.\n6—Exclusion of legislation of this jurisdiction\nThe Acts Interpretation Act 1915 does not apply to the Community Housing Providers National Law (South Australia) or to instruments made under that Law.\n7—Community housing legislation\nFor the purposes of the Community Housing Providers National Law (South Australia), the provisions of Part 3, Part 4 and Schedule 2 and Schedule 3 of this Act are declared to be community housing legislation of this jurisdiction.\n8—Community housing assets\n\t(1)\tFor the purposes of paragraph (e) of the definition of community housing asset in section 4 of the Community Housing Providers National Law (South Australia), the following are declared as community housing assets for the purposes of that Law:\n\t(a)\tany asset identified as a community housing asset under an agreement between a community housing provider and a Housing Agency;\n\t(b)\tany other asset of a class of assets declared by the regulations as being within the ambit of this subsection.\n\t(2)\tIn addition, the Minister may, by notice in the Gazette, exclude an asset or class of assets from the ambit of the definition of community housing asset under the Community Housing Providers National Law (South Australia).\n\t(3)\tThe Minister may, by subsequent notice in the Gazette, vary or revoke a notice under subsection (2).\n9—Housing Agency\nFor the purposes of the Community Housing Providers National Law (South Australia)—\n\t(a)\tthe Minister and the SAHT are declared to be Housing Agencies in relation to the definition of community housing asset in section 4 of that Law; and\n\t(b)\tSAHT is declared to be a Housing Agency in relation to section 10(1)(h) of that Law; and\n\t(c)\tSAHT is declared to be a Housing Agency in relation to section 15(2)(c) of that Law; and\n\t(d)\tthe Minister and SAHT are declared to be Housing Agencies in relation to section 20(4) of that Law.\n10—Relevant Minister\nFor the purposes of the Community Housing Providers National Law (South Australia), the Minister responsible for the administration of this Act is declared to be the relevant Minister.\n11—Registrar\n\t(1)\tFor the purposes of the Community Housing Providers National Law (South Australia), the Registrar is declared to be the person appointed as Registrar under subsection (2).\n\t(2)\tThe Minister may appoint a public service employee as Registrar for the purposes of the Community Housing Providers National Law (South Australia).\n\t(3)\tThe position of Registrar may be held in conjunction with any other position in the Public Service.\n\t(4)\tThe Registrar's functions under section 10 of the Community Housing Providers National Law (South Australia) are limited to exercising those functions insofar as may be relevant to the administration and operation of that Law (and not solely for the purposes of the community housing legislation of this jurisdiction).\n12—Delegation of functions by Registrar\nFor the purposes of section 11 of the Community Housing Providers National Law (South Australia), the persons to whom functions may be delegated under that section are—\n\t(a)\ta person employed in the Department; and\n\t(b)\twithout limiting paragraph (a), an authorised officer; and\n\t(c)\ta person, or person of a class of persons, prescribed by the regulations.\n13—Fees\nFor the purposes of section 13(4) of the Community Housing Providers National Law (South Australia), the fee is the fee prescribed by the regulations.\nPart 3—Additional South Australian provisions relating to community housing\nDivision 1—Interpretation\n15—Interpretation\n\t(1)\tIn this Part—\ncommunity housing agreement—see section 20;\ncurrent market value, in relation to property, means the price that could reasonably be expected to be obtained on a sale of the property (free of encumbrances) on the open market.\n\t(2)\tFor the purposes of this Part, SAHT is taken to have an interest in land of a community housing provider if a community housing agreement with the community housing provider identifies the land as being land in which SAHT has an interest.\nDivision 2—Administration\n16—Functions and powers of Minister\n\t(1)\tThe functions of the Minister include—\n\t(a)\tto take action (so far as may be appropriate) to support the activities and promote the best interests of community housing providers;\n\t(b)\tto promote the development of community housing in this State;\n\t(c)\tto oversee the activities of community housing providers in connection with the administration of this Act;\n\t(d)\tto promote the active involvement of people in the development of community housing.\n\t(2)\tThe Minister has such powers as are contemplated by this Act or necessary or expedient for the effective performance of the Minister's functions under this Act.\n17—Power of Minister to delegate\n\t(1)\tThe Minister may delegate any of the Minister's functions or powers under this Act—\n\t(a)\tto SAHT; or\n\t(b)\tto a particular person or body; or\n\t(c)\tto the person for the time being occupying a particular office or position.\n\t(2)\tA delegation under this section—\n\t(a)\tmay be absolute or conditional; and\n\t(b)\tif the instrument of delegation so provides, may be further delegated by the delegate; and\n\t(c)\tdoes not derogate from the power of the Minister to act personally in any matter; and\n\t(d)\tis revocable at will by the Minister.\n\t(3)\tIn any legal proceedings an apparently genuine certificate, purportedly signed by the Minister, containing particulars of a delegation under this section will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars.\n18—Functions and powers of SAHT\n\t(1)\tThe functions of SAHT include—\n\t(a)\tto assist the Minister in connection with the administration of this Act and to exercise statutory powers conferred by this Act;\n\t(b)\tto report to the Minister, on its own initiative or when requested to do so by the Minister, on any matter relating to community housing providers;\n\t(c)\tto manage funds that come under SAHT's control in connection with the operation of this Act;\n\t(d)\tto liaise with other government agencies or instrumentalities that provide assistance or services to community housing providers, or that are otherwise involved in the housing sector;\n\t(e)\tto perform other functions assigned to SAHT by or under this Act or by the Minister.\n\t(2)\tExcept in relation to the provision of advice and reports to the Minister, SAHT will, in the performance of its functions under this Act, be subject to the control and direction of the Minister.\n\t(3)\tSAHT may establish such committees (including advisory committees or subcommittees) as it thinks fit to assist it in the performance of its functions under this Act.\n\t(4)\tSAHT has such powers as are contemplated by this Act or necessary or expedient for the effective performance of SAHT's functions under this Act.\n\t(5)\tSAHT may, by arrangement with the appropriate authority, make use of the services, facilities or staff of a government department, agency or instrumentality.\n\t(6)\tNothing in this Act limits the functions and powers of SAHT under the South Australian Housing Trust Act 1995 or any other Act.\n19—Power of SAHT to delegate\n\t(1)\tSAHT may, by instrument in writing, delegate any of SAHT's functions or powers under this Act—\n\t(a)\tto a particular person or body; or\n\t(b)\tto the person for the time being occupying a particular office or position.\n\t(2)\tA delegation under this section—\n\t(a)\tmay be absolute or conditional; and\n\t(b)\tif the instrument of delegation so provides, may be further delegated by the delegate; and\n\t(c)\tdoes not derogate from the power of SAHT to act in any matter; and\n\t(d)\tis revocable at will by SAHT.\nDivision 3—Community housing agreements, property and financial matters\n20—Community housing agreements\n\t(1)\tSAHT may, for the purposes of a transaction that involves—\n\t(a)\tSAHT providing funding, land or other property to a community housing provider; or\n\t(b)\tthe acquisition, construction, development or improvement of land by, or for the benefit of, a community housing provider with the assistance of SAHT,\nrequire the community housing provider to enter into an agreement (a community housing agreement) with SAHT.\n\t(2)\tSAHT must not enter into a community housing agreement unless the community housing provider is registered under the Community Housing Providers National Law (but the fact that the community housing provider subsequently ceases to be registered does not affect any action that SAHT may determine to take (whether under this Act or the community housing agreement, or on any other basis) once the community housing agreement has been entered into under this Act).\n\t(3)\tA community housing agreement—\n\t(a)\tmust contain (with or without modification or addition) such terms and conditions as may be prescribed by the regulations; and\n\t(b)\tmust provide for its review on a periodic basis.\n\t(4)\tA community housing agreement may contain such terms and conditions as SAHT considers appropriate and without limitation, may include provisions with respect to—\n\t(a)\trequiring the community housing provider to meet specified standards and targets in relation to the community housing services and programs provided by the community housing provider; and\n\t(b)\tensuring that funding, land, property or other assistance provided to the community housing provider by SAHT is used for the purposes for which it was provided; and\n\t(c)\tthe proposed sale or other disposition by the community housing provider of land in which SAHT has an interest; and\n\t(d)\tthe imposition of a charge over land of the community housing provider to secure payment of money for the acquisition, construction, development or improvement of land by, or for the benefit of, the community housing provider that is or may become payable under the community housing agreement; and\n\t(e)\tconditions or other requirements that take effect if the community housing provider fails to use land in which SAHT has an interest for the purposes contemplated by the agreement; and\n\t(f)\tconditions or other requirements that must be complied with on the cancellation of the registration of the community housing provider under the Community Housing Providers National Law.\n\t(5)\tA community housing agreement may be varied by agreement between SAHT and the community housing provider.\n\t(6)\tIf a community housing provider fails to comply with the terms and conditions of a community housing agreement, the agreement is voidable at the option of SAHT.\n\t(7)\tIf SAHT avoids a community housing agreement, SAHT may—\n\t(a)\ttake steps to enforce any relevant charge under this Division; and\n\t(b)\trecover from the community housing provider any outstanding amount, together with compensation for any loss or expenses suffered or incurred by SAHT, as a debt due to SAHT by action in a court of competent jurisdiction.\n\t(8)\tThe regulations may make provision for or with respect to community housing agreements, including but not limited to prescribing terms and conditions that are taken to be included in community housing agreements (including community housing agreements existing at the time the regulations are made).\n21—Community housing agreement binding on community housing providers\n\t(1)\tA community housing agreement is binding on the community housing provider to which it relates (whether or not the community housing provider remains registered).\n\t(2)\tSAHT may monitor the activities of a community housing provider to determine whether it is complying with the terms and conditions of a community housing agreement.\n22—Creation of charge\n\t(1)\tSAHT may, in accordance with the terms of a community housing agreement, impose a charge over real property.\n\t(2)\tFor the purposes of the imposition of a charge under subsection (1), SAHT must deliver to the Registrar‑General a notice, in a form determined by the Registrar‑General—\n\t(a)\tsetting out, incorporating or referring to the terms of the charge; and\n\t(b)\tsetting out the real property over which it is to exist; and\n\t(c)\trequesting the Registrar‑General to make a notation under this section in the Register Book.\n\t(3)\tA notice under subsection (2) must be accompanied by such documents or instruments as the Registrar‑General may require.\n\t(4)\tOn receipt of a notice under subsection (2) (and any documents or instruments required under subsection (3)), the Registrar‑General must, in relation to the real property referred to in the notice, enter an appropriate notation in the Register Book.\n\t(5)\tWhen an entry is made under subsection (4), a charge over the real property is created.\n\t(6)\tWhile a charge exists over real property, the Registrar‑General must not register an instrument affecting the property unless—\n\t(a)\tthe instrument was executed before the charge was created or relates to an instrument registered before the charge was created; or\n\t(b)\tthe instrument is an instrument of a prescribed class; or\n\t(c)\tSAHT consents to the registration in writing; or\n\t(d)\tthe instrument is expressed to be subject to the charge; or\n\t(e)\tthe instrument is a duly stamped conveyance that relates to the transfer or sale of the real property under section 23.\n\t(7)\tSubject to this Division, an instrument registered under subsection (6)(a), (b) or (c) has effect, in relation to the charge, as if it had been registered before the charge was created.\n\t(8)\tIf an instrument is registered under subsection (6)(e), the charge will be taken to be cancelled and the Registrar‑General must make the appropriate entries in the Register Book to give effect to the cancellation.\n\t(9)\tSAHT may, on its own initiative, by further notice to the Registrar‑General under this section, cancel the charge.\n\t(10)\tWhere SAHT delivers a notice to the Registrar‑General under this section, SAHT must send a copy of the notice to the community housing provider.\n23—Enforcement of charge\n\t(1)\tIf a community housing provider fails to comply with the terms of a community housing agreement secured by a charge (and the matter has not been resolved in the manner contemplated by subsection (3)), the charge may be enforced as follows:\n\t(a)\tSAHT must, by notice in writing, inform the community housing provider that the breach must be remedied within a period (of at least 1 month) specified in the notice; and\n\t(b)\tif, the breach is not remedied in accordance with the terms of the notice, SAHT may apply to the Minister for an order under subsection (3) in relation to the property subject to the charge.\n\t(2)\tSAHT must not act under subsection (1)(a) unless or until it has complied with any relevant step set out in the community housing agreement as to the resolution of the matter by discussion, mediation or some other process under the agreement.\n\t(3)\tThe Minister may, on application under subsection (1), in relation to the property that is subject to the charge—\n\t(a)\tsubject to paragraph (b), order that steps be taken to transfer the property to another community housing provider registered under the Community Housing Providers National Law; or\n\t(b)\tif the Minister considers that a transfer under paragraph (a) is not reasonably practicable or appropriate, order that steps be taken—\n\t(i)\tto transfer the property to SAHT; or\n\t(ii)\tto sell the property on the open market.\n\t(4)\tThe community housing provider must comply with the terms of the order within a reasonable time.\nMaximum penalty: $10 000.\n\t(5)\tIf the property is transferred pursuant to an order under subsection (3), the value of the property will be taken to be its current market value.\n\t(6)\tIf the property is transferred to SAHT, SAHT must, as soon as is reasonably practicable, divest itself of the property.\n\t(7)\tIf property is transferred under subsection (3)(a) or (b)(i), an amount (if any) that is payable to the community housing provider under the community housing agreement on account of money or assets provided by the community housing provider must be paid to the community housing provider in accordance with the terms of the community housing agreement.\n\t(8)\tIf the property is sold pursuant to an order under subsection (3)(b)(ii), the money received in respect of the sale must be applied as follows:\n\t(a)\tfirstly—in paying the costs of the sale and any other costs of a prescribed kind;\n\t(b)\tsecondly—in discharging any liabilities secured by instrument registered before the charge was created, or that is taken to have such effect by virtue of section 22;\n\t(c)\tthirdly—in discharging the amount or amounts secured by the charge over that property;\n\t(d)\tfourthly—in discharging any other liabilities secured by registered instruments;\n\t(e)\tfifthly—in discharging any other liabilities that exist in relation to that property of which SAHT has notice;\n\t(f)\tsixthly—in making a distribution in accordance with the terms of the community housing agreement.\n\t(9)\tThe title obtained on the sale of the property will be free of—\n\t(a)\tany charge under this Part; and\n\t(b)\tall other liabilities discharged under subsection (8); and\n\t(c)\tany other liability that may exist on account of any mortgage, charge or encumbrance.\n\t(10)\tIf the community housing provider does not comply with the terms of an order under subsection (3) within a reasonable time, the Minister may take such steps as are necessary to give effect to the order.\n\t(11)\tThe power of the Minister to act under subsection (10) includes the power to rescind any contract and to deal with or dispose of the property to which the order relates, and the power to make, execute, sign and give such contracts, instruments and documents as the Minister thinks necessary.\n\t(12)\tIf the Minister acts under subsection (10), a conveyance executed by the Minister will, on registration or enrolment, operate to vest title to the property in the person or body named in the conveyance as transferee.\n\t(13)\tThe Registrar‑General must, on production of a conveyance executed under subsection (12), register the conveyance.\n\t(14)\tIf an order is made under this section for the transfer or sale of property, SAHT must take such steps as are reasonably practicable—\n\t(a)\tto protect the interests of any creditor of the community housing provider; and\n\t(b)\tto assist any tenant whose tenancy is affected or who is otherwise inconvenienced as a result of the order.\n24—Dealings with land in which SAHT has an interest\n\t(1)\tA community housing provider must not sell, transfer, assign, mortgage or otherwise deal with—\n\t(a)\tland in which SAHT has an interest; or\n\t(b)\twithout limiting paragraph (a), land that is subject to a charge under this Division,\nunless the community housing provider has obtained the written consent of SAHT.\n\t(2)\tSAHT must not unreasonably withhold consent under subsection (1).\n\t(3)\tWithout limiting the grounds on which SAHT may withhold consent under subsection (1), consent may reasonably be withheld if SAHT is not satisfied—\n\t(a)\tthat the net proceeds of the sale, transfer, assignment, mortgage of, or other dealing with, the land will be applied by the community housing provider for the further acquisition, development or improvement of community housing (to the extent that the proceeds may be attributed to an interest that SAHT has had in the land after taking into account the provisions of any community housing agreement and any principle prescribed by the regulations); or\n\t(b)\tthat significant detriment will not be suffered by tenants of the property (if any) as a result of the sale, transfer, assignment, mortgage of, or other dealing with, the land.\n\t(4)\tSAHT may, in respect of the sale, transfer, assignment, mortgage of, or other dealing with, the land to which it has consented, require that money obtained by the community housing provider from dealing with the land be paid to SAHT (after taking into account the provisions of any community housing agreement and any principle prescribed by the regulations and after discharging any encumbrance that ranks ahead of any relevant charge under this Division).\n25—Appeals\n\t(1)\tA community housing provider that is aggrieved by—\n\t(a)\ta decision of the Minister to issue an order under section 23(3); or\n\t(b)\ta decision of SAHT to withhold consent under section 24(1),\nmay appeal to the Appeal Tribunal.\n\t(2)\tAn appeal must be instituted within 1 month of the making of the decision appealed against.\nDivision 4—Transfer of property etc\n26—Transfer of property etc\n\t(1)\tThe Minister may, with the agreement of the Treasurer, by notice in the Gazette—\n\t(a)\ttransfer an asset, right or liability of the Minister to SAHT;\n\t(b)\ttransfer an asset, right or liability of SAHT—\n\t(i)\tto the Minister; or\n\t(ii)\tto the Crown, or to another agent or instrumentality of the Crown; or\n\t(iii)\tin prescribed circumstances, subject to prescribed conditions (if any), and with the agreement of the person or body—to a person or body that is not an agent or instrumentality of the Crown.\n\t(2)\tA notice under subsection (1) may make other provisions that in the opinion of the Minister are necessary or expedient in connection with the relevant transfer.\n\t(3)\tHowever, the Minister must not act under subsection (1)(b) if to do so would contravene an express agreement entered into by the Minister that limits the Minister's powers in relation to SAHT under this Act.\n\t(4)\tA notice under subsection (1) will have effect according to its terms.\nPart 4—Miscellaneous\n27—Appointment of authorised officers\n\t(1)\tThe Minister may appoint such persons to be authorised officers for the purposes of this Act as the Minister thinks fit.\n\t(2)\tAn appointment under this section—\n\t(a)\twill be for a period stated in the instrument of appointment; and\n\t(b)\tmay be made subject to conditions limiting the purposes for which the appointee may exercise the powers of an authorised officer.\n\t(3)\tA person appointed as an authorised officer will be issued with an identity card in a form approved by the Minister.\n28—Powers of authorised officers\n\t(1)\tIn this section—\nprescribed matter means—\n\t(a)\tany matter relevant to ascertaining whether the provisions of this Act, or of the Community Housing Providers National Law (South Australia), have been or are being complied with; or\n\t(b)\tany matter that, in the opinion of the Minister, SAHT or the Registrar, requires investigation for the proper or expedient exercise or performance of a power or function under this Act or the Community Housing Providers National Law (South Australia); or\n\t(c)\tany matter that relates to the operation or enforcement of the terms or conditions of a community housing agreement under this Act; or\n\t(d)\tany other matter of a prescribed class.\n\t(2)\tAn authorised officer may, for the purpose of investigating a prescribed matter—\n\t(a)\trequire a person who may be in a position to furnish information relevant to the investigation—\n\t(i)\tto take reasonable steps to provide that information to the authorised officer;\n\t(ii)\tto answer a question to the best of that person's knowledge, information and belief;\n\t(b)\t—\n\t(i)\trequire a person to produce any books, documents or records in his or her possession or control;\n\t(ii)\trequire a person to produce any information stored by computer, microfilm or by any other process,\n(insofar as the books, documents, records or information may be relevant to the investigation);\n\t(c)\t—\n\t(i)\texamine, copy and take extracts from any books, documents, records or information produced under paragraph (b) or require a person to provide a copy of any such book, document, record or information;\n\t(ii)\ttake possession of any books, documents or records produced under paragraph (b).\n\t(3)\tAny person who is in a position to do so must at the request of an authorised officer provide such assistance as the authorised officer may reasonably require in the exercise of a power under subsection (2).\n\t(4)\tAn authorised officer exercising a power under subsection (2) may be accompanied by such assistants as are reasonably necessary in the circumstances.\n\t(5)\tA person who—\n\t(a)\thinders an authorised officer or any assistant in the exercise of powers under subsection (2); or\n\t(b)\trefuses or fails to comply with a requirement under subsection (2) or (3),\nis guilty of an offence.\nMaximum penalty: $10 000.\n\t(6)\tA person will not be subject to any civil liability by reason of compliance with a requirement made under this section.\n\t(7)\tIf the possession of a book, document or record is retained under this section, a person who would be entitled to inspect the book, document or record if it were not in the possession of an authorised officer is entitled to inspect the book, document or record at any reasonable time.\n\t(8)\tAn authorised officer exercising a power under this section must, at the request of a person affected by the exercise of the power, produce for the inspection of that person his or her identity card.\n29—False information\nA person must not, in connection with a requirement under this Act or the Community Housing Providers National Law (South Australia)—\n\t(a)\tprovide any information that the person knows is false or misleading in a material particular, whether by reason of the inclusion or omission of any particular; or\n\t(b)\tprovide or produce any document that the person knows is false or misleading in a material particular, without indicating the respect in which the document is false or misleading and, if practicable, providing correct information.\nMaximum penalty: $10 000.\n30—General power to grant extensions and exemptions\n\t(1)\tThe Minister may, on the application of a community housing provider—\n\t(a)\textend any limitation of time under this Act, whether or not the period has expired; and\n\t(b)\texempt the community housing provider from the obligation to comply with any provision of this Act.\n\t(2)\tAn application under subsection (1) may be granted by the Minister on such conditions as the Minister thinks fit.\n\t(3)\tThe Minister may, at any time, by instrument in writing—\n\t(a)\tvary or revoke an extension or exemption under subsection (1);\n\t(b)\tvary or revoke a condition under subsection (2).\n\t(4)\tA community housing provider must not contravene or fail to comply with a condition imposed by the Minister under this section.\nMaximum penalty: $10 000.\n31—Evidentiary provision\nAn apparently genuine document purporting to be a copy of any document registered or lodged under this Act and to be certified by the Minister as a true copy of such a document, will be accepted in any legal proceedings, in the absence of proof to the contrary, as a true copy of that document.\n32—Continuing offences\n\t(1)\tWhere a person is convicted of an offence against this Act and after that conviction the act or omission of the person that constituted the offence continues, the person is guilty of a further offence and liable to an additional penalty for each day on which the act or omission continues of an amount not exceeding one‑tenth of the maximum penalty for the offence of which the person was convicted.\n\t(2)\tFor the purposes of subsection (1), an obligation to do something is to be regarded as continuing until the act is done notwithstanding that any period within which, or time before which, the act is required to be done has expired or passed.\n33—General defence\nIn proceedings for an offence against this Act, it is a defence if the defendant proves that in the circumstances of the case there was no failure on the defendant's part to take reasonable care to avoid commission of the offence.\n34—Remission from taxes etc\n\t(1)\tA registered community housing provider that is liable for the payment of rates charged with respect to community housing of which the community housing provider is the owner is entitled to claim a remission of rates under the Rates and Land Tax Remission Act 1986 equal to any remission of rates under that Act that a tenant or resident occupying premises that constitute the community housing could claim in respect of those premises if he or she were the owner of that part of the premises that he or she occupies.\n\t(2)\tIn subsection (1)—\nrates means rates within the meaning of the Rates and Land Tax Remission Act 1986.\n\t(3)\tThe Treasurer may, by notice published in the Gazette, exempt from a tax, duty or other impost, to the extent specified in the notice, any of the following:\n\t(a)\tSAHT, in connection with any matter or circumstance arising under this Act;\n\t(b)\tinstruments to which the Minister, SAHT or a community housing provider is a party;\n\t(c)\tinstruments that arise from or are connected with a transaction to which the Minister, SAHT or a community housing provider is a party.\n\t(4)\tThe Treasurer may, by further notice published in the Gazette, vary or revoke an exemption under subsection (3).\n35—Service\n\t(1)\tA notice or document required or authorised by or under this Act to be given to or served on a person may be served on the person—\n\t(a)\tby delivering it personally to the person; or\n\t(b)\tby post addressed to the person to the person's last known address or (in the case of a corporation) registered address; or\n\t(c)\tby fax or email to a fax number or email address provided by the person for that purpose (in which case the notice or document will be taken to have been given or served at the time of transmission).\n\t(2)\tWithout limiting the effect of subsection (1), a notice or document required or authorised to be given to or served on a person for the purposes of this Act may, if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served on the person in accordance with that Act.\n36—Fees in respect of lodging documents\n\t(1)\tWhere a fee is payable for or in respect of the lodging of a document under this Act and the document is submitted without payment of the fee, the document will be taken not to have been lodged until the fee has been paid.\n\t(2)\tNotwithstanding subsection (1), the Minister may—\n\t(a)\twaive or reduce, in a particular case or classes of cases, fees that would otherwise be payable under this Act; and\n\t(b)\trefund, in whole or in part, any fee paid under this Act.\n37—Regulations\n\t(1)\tThe Governor may make regulations for or with respect to any matter—\n\t(a)\tthat by the local application provisions of this Act is required or permitted to be prescribed by the regulations or that is necessary or convenient to be prescribed by the regulations for carrying out or giving effect to the local application provisions of this Act; or\n\t(b)\tthat by the Community Housing Providers National Law (South Australia) is required or permitted to be prescribed by the regulations.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\trequire a community housing provider to provide prescribed information to the Minister or SAHT in prescribed circumstances; and\n\t(b)\tprescribe any form, or regulate any procedure, for the purposes of this Act; and\n\t(c)\tmake provision for, or in relation to, the form or content of any agreement between the Minister and community housing providers or SAHT and community housing providers; and\n\t(d)\tprescribe, and provide for the recovery of, fees (including application fees and fees for the late lodgement of returns or reports required under this Act); and\n\t(e)\tprescribe penalties, not exceeding a fine of $5 000, for breach of, or non‑compliance with, any regulation.\n\t(3)\tRegulations under this Act—\n\t(a)\tmay be of general or limited application;\n\t(b)\tmay—\n\t(i)\tleave any matter or thing to be determined, varied, dispensed with or regulated according to the discretion of the Minister;\n\t(ii)\tconfer other forms of discretionary powers;\n\t(c)\tmay make different provision according to the persons, things or circumstances to which they are expressed to apply.\nSchedule 1—Community Housing Providers National Law\n\nPart 1—Preliminary\n1—Short title\nThis Law may be cited as the Community Housing Providers National Law.\n2—Commencement\nThis Law commences in a participating jurisdiction as provided by the Act of that jurisdiction that applies this Law as a law of that jurisdiction.\n3—Object\n\t(1)\tThe object of this Law is to provide for a national system of registration, monitoring and regulation of community housing providers:\n\t(a)\tto encourage the development, viability and quality of community housing; and\n\t(b)\tto promote confidence in the good governance of registered community housing providers so as to facilitate greater investment in that sector; and\n\t(c)\tto make it easier for community housing providers to operate in more than 1 participating jurisdiction.\n\t(2)\tA purpose of registration is to identify appropriate entities to which government funding for community housing might be provided under other legislation or policies of a jurisdiction.\n4—Definitions\n\t(1)\tIn this Law—\nbinding instructions means instructions given under section 19;\ncategory of registration means a category of registration under this Law for which provision is made in the guidelines under section 10(2);\ncommunity housing means housing for people on a very low, low or moderate income or for people with additional needs that is delivered by non‑government organisations;\ncommunity housing asset of a community housing provider means—\n\t(a)\tland vested in the provider by or under the community housing legislation of a participating jurisdiction; or\n\t(b)\tland acquired by the provider wholly or partly with funding provided by a Housing Agency of a participating jurisdiction; or\n\t(c)\tland vested in the provider on which a Housing Agency of a participating jurisdiction has constructed housing or made other improvements; or\n\t(d)\tfunds provided to the provider by a Housing Agency of a participating jurisdiction for the purposes of community housing; or\n\t(e)\tany other asset of the provider that is of a class of assets declared by the community housing legislation of a participating jurisdiction as community housing assets for the purposes of this Law;\ncommunity housing legislation of a participating jurisdiction means—\n\t(a)\tthis Law as it applies as a law of that jurisdiction by an Act of that jurisdiction (including provisions of that Act that relate to the application of this Law in that jurisdiction); or\n\t(b)\tso much of an Act of that jurisdiction that contains provisions that substantially correspond to the provisions of this Law,\nand includes any other legislation of that jurisdiction that the law of that jurisdiction declares to be community housing legislation;\nentity means the following:\n\t(a)\ta company limited by shares or guarantee under the Corporations Act 2001 of the Commonwealth;\n\t(b)\tan Aboriginal and Torres Strait Islander corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth;\n\t(c)\ta body corporate, cooperative or incorporated association created under legislation of the Commonwealth or a State or Territory;\nfunction includes a power, authority or duty, and exercise a function includes perform a duty;\nHousing Agency of a participating jurisdiction, means a body or officer declared to be a Housing Agency of that jurisdiction by the community housing legislation for that jurisdiction for the purposes of the provision of this Law in which the expression occurs;\nNational Register means the National Register of Community Housing Providers established by this Law;\nnotice of intent to cancel registration—see section 20;\nnotice of non-compliance—see section 18;\nparticipating jurisdiction means an Australian jurisdiction in which—\n\t(a)\tthis Law applies as a law of the jurisdiction; or\n\t(b)\ta law that substantially corresponds to the provisions of this Law has been enacted;\nprimary jurisdiction—see section 5;\nprimary Registrar for an unregistered entity or registered community housing provider means the Registrar for the primary jurisdiction of the unregistered entity or registered community housing provider;\nregistered community housing provider means an entity registered under this Law as a community housing provider;\nRegistrar means a Registrar for a participating jurisdiction as referred to in section 9;\nregistration means registration under this Law;\nrelevant Minister means the Minister declared by the community housing legislation of this jurisdiction as the relevant Minister for the purposes of the provision of this Law in which the expression occurs;\nState means the Crown in right of a participating jurisdiction, and includes—\n\t(a)\tthe Government of a participating jurisdiction; and\n\t(b)\ta Minister of the Crown in right of a participating jurisdiction; and\n\t(c)\ta statutory corporation, or other person, representing the Crown in right of a participating jurisdiction;\nstatutory manager means a statutory manager appointed under section 21.\n\t(2)\tIn this Law, a reference to registration or any other matter under this Law includes registration or any other act or matter under a law of a participating jurisdiction that substantially corresponds to the provisions of this Law.\n\t(3)\tThis Law is to be interpreted in accordance with the Interpretation Act 1987 of New South Wales.\n5—Primary jurisdiction\n\t(1)\tFor the purposes of this Law, the primary jurisdiction of an unregistered entity or registered community housing provider is—\n\t(a)\tthe participating jurisdiction in which the unregistered entity or registered community housing provider provides the majority of its community housing; or\n\t(b)\tin the case of an unregistered entity that provides no community housing in a participating jurisdiction, the participating jurisdiction in which it intends to provide the majority of its community housing; or\n\t(c)\tif the Registrars for each participating jurisdiction agree on a different participating jurisdiction, that jurisdiction.\n\t(2)\tThe Registrars may agree to a different primary jurisdiction at any time whether or not on the application of the unregistered entity or registered community housing provider.\n\t(3)\tAs soon as is practicable after making an agreement under this section, the Registrars must ensure that the unregistered entity or registered community housing provider concerned is notified in writing of its new primary jurisdiction and if the agreement relates to a registered community housing provider, that the National Register is updated accordingly.\n\t(4)\tHousing in a jurisdiction other than a participating jurisdiction is not to be taken into account in determining where the majority of the community housing of an unregistered entity or a registered community housing provider is located.\n6—Single national register\nIt is the intention of the Parliament of this jurisdiction that this Law, as applying under the community housing legislation of this and other participating jurisdictions, has the effect that the National Register of Community Housing Providers is 1 single national register.\n7—Extraterritorial operation of Law\nIt is the intention of the Parliament of this jurisdiction that the operation of this Law is to, as far as possible, include operation in relation to the following:\n\t(a)\tthings situated in or outside the territorial limits of this jurisdiction;\n\t(b)\tacts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;\n\t(c)\tthings, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction.\n8—Law binds the State\nThis Law binds the State.\nPart 2—The Registrar\n9—The Registrar\n\t(1)\tThere is to be a Registrar for each participating jurisdiction.\n\t(2)\tThe Registrar for a participating jurisdiction is the individual or body declared by the community housing legislation of that jurisdiction to be the Registrar for the purposes of this Law.\n\t(3)\tThe Registrar for a participating jurisdiction is subject to the control and direction of the relevant Minister of that jurisdiction.\n10—Functions of Registrar\n\t(1)\tA Registrar has the following functions:\n\t(a)\tto maintain the National Register of Community Housing Providers jointly with the Registrars of other participating jurisdictions;\n\t(b)\tto assess the suitability of entities to be registered as registered community housing providers;\n\t(c)\tto register entities as registered community housing providers and to cancel the registration of registered community housing providers;\n\t(d)\tto monitor compliance by registered community housing providers with community housing legislation and to exercise enforcement and intervention functions under that legislation;\n\t(e)\tto investigate complaints about the compliance of registered community housing providers with community housing legislation;\n\t(f)\tto provide information about the registration of entities and information about the compliance of registered community housing providers with community housing legislation;\n\t(g)\tto share information and to cooperate with Registrars of other participating jurisdictions for the purposes of community housing legislation;\n\t(h)\tto provide information and advice to the relevant Minister and Housing Agency in relation to the registration of entities and the regulation of registered community housing providers and any other matter under community housing legislation;\n\t(i)\tany other function conferred or imposed on the Registrar by or under this Law or any other law.\n\t(2)\tIn exercising functions under this Law, a Registrar is required to comply with any guidelines made jointly by the relevant Ministers of each participating jurisdiction and published in the New South Wales Government Gazette or on the NSW legislation website.\n\t(3)\tA Registrar and any delegate of the Registrar is not personally liable for any matter or thing done or omitted to be done in good faith in the exercise of his or her functions under this Law.\n11—Delegation of functions by Registrar\n\t(1)\tThe Registrar for this jurisdiction may delegate any of the Registrar's functions under this Law (other than this power of delegation) to—\n\t(a)\tthe Registrar for another participating jurisdiction; or\n\t(b)\ta person, or person of a class, declared by the community housing legislation of this jurisdiction for the purposes of this section.\n\t(2)\tWithout limiting subsection (1), the functions that may be delegated under this section include—\n\t(a)\tfunctions of the Registrar as primary Registrar for an unregistered entity or registered community housing provider; and\n\t(b)\tfunctions conferred on the Registrar by the conditions of registration referred to in section 15; and\n\t(c)\tfunctions delegated to the Registrar by the Registrar for another participating jurisdiction.\nPart 3—Registration\n12—National Register of Community Housing Providers\n\t(1)\tThe National Register of Community Housing Providers is established.\n\t(2)\tThe following information is to be recorded on the National Register in respect of each entity whose application for registration has been approved:\n\t(a)\tthe name and identifying details of the entity;\n\t(b)\tthe category of registration of the entity;\n\t(c)\tthe primary jurisdiction of the entity;\n\t(d)\teach other participating jurisdiction in which the entity has community housing assets;\n\t(e)\tthe conditions to which the registration of the entity is subject;\n\t(f)\ta copy of any notice of intent to cancel registration issued to the entity;\n\t(g)\twhether the registration of the entity has been cancelled at any time and details of any such cancellation, including a copy of any notice of cancellation issued to the entity;\n\t(h)\ta copy of any binding instructions issued to the entity;\n\t(i)\tdetails of any appointment of a statutory manager, including a copy of the relevant instrument of appointment;\n\t(j)\tany other information about the entity that a Registrar considers to be relevant for the purposes of this Law.\n\t(3)\tThe Registrars may agree to divide the National Register into different parts to assist in the administration of the National Register.\n\t(4)\tThe primary Registrar for an entity may at any time, by notice in writing to the entity, vary the category of registration of the entity and move the registration of the entity to any other part of the National Register.\n\t(5)\tInformation on the National Register is to be made publicly available.\n\t(6)\tA Registrar may carry out searches of the National Register on a person's behalf and may charge a reasonable fee for the search.\n13—Application for registration or variation of registration\n\t(1)\tAn application for registration or the variation of an existing registration may be made by or on behalf of an entity that provides or intends to provide community housing.\n\t(2)\tAn application may only be made to the primary Registrar for the entity.\n\t(3)\tA Registrar who receives an application but who is not the primary Registrar for the entity is to refer the application to the primary Registrar.\n\t(4)\tAn application must be in a form approved by the primary Registrar for the entity and be accompanied by the fee determined in accordance with the community housing legislation of the primary jurisdiction.\n\t(5)\tThe primary Registrar may require an applicant to provide further information or documents for the purposes of determining the application, including information or documents with respect to the following:\n\t(a)\tthe exercise of the provider's functions and any arrangements with other persons in relation to the exercise of the provider's functions;\n\t(b)\tthe affairs of the provider.\n\t(6)\tSubsection (5) does not authorise a Registrar to require information or any document that identifies an individual who is an occupier of residential premises.\n14—Determination of application\n\t(1)\tThe primary Registrar for an entity must approve an application duly made by or on behalf of the entity under section 13 if the Registrar is satisfied that—\n\t(a)\tthe entity provides or intends to provide community housing in a participating jurisdiction; and\n\t(b)\tthe entity will comply with the community housing legislation of the participating jurisdictions; and\n\t(c)\tthe entity will comply with any conditions to which its registration, or registration as varied, will be subject; and\n\t(d)\tapproval of the application is appropriate in the circumstances.\n\t(2)\tThe primary Registrar must, as soon as is practicable after making a determination under this section, notify the applicant in writing of—\n\t(a)\tthe determination; and\n\t(b)\tif the application is not approved, the reasons for the determination; and\n\t(c)\tif the application is approved, the category of the registration including whether the entity has been registered in a particular part on the National Register and any conditions to which the registration is subject.\n15—Conditions of registration\n\t(1)\tA registered community housing provider must comply with the conditions to which its registration is subject.\n\t(2)\tThe following are conditions of the registration of each registered community housing provider:\n\t(a)\tthe provider must comply with those provisions of the National Regulatory Code set out in Schedule 1 to this Law that are identified on the National Register as applying to the provider;\n\t(b)\tthe provider must comply with any applicable requirements of the community housing legislation of a participating jurisdiction in relation to the transfer of, or other dealing with, any community housing assets of the provider;\n\t(c)\tthe provider must have provision in its constitution for all its remaining community housing assets in a participating jurisdiction on its winding up to be transferred to another registered community housing provider or to a Housing Agency in the jurisdiction in which the asset is located;\n\t(d)\tthe provider must, at the times and in a manner approved by the primary Registrar for the provider, provide any information required by the primary Registrar with respect to the exercise of the provider's functions, including arrangements with other persons with respect to the exercise of the provider's functions;\n\t(e)\tthe provider must, after receiving a written request for information from a Registrar in relation to the affairs of the provider, provide within 14 days (or such longer period as may be permitted by the Registrar) the Registrar with the information requested including a copy of any document or record specified in the request;\n\t(f)\tthe provider must, if requested to do so in writing by a Registrar, ensure that a suitably qualified officer of the provider attends, at such times as the Registrar may direct, a meeting with the Registrar in order to answer questions about the affairs of the provider;\n\t(g)\tthe provider must allow a Registrar to carry out inspections at any reasonable time of the provider's premises or records;\n\t(h)\tthe provider must notify the primary Registrar for the provider of the occurrence of any of the following within the time specified:\n\t(i)\ta decision to appoint a voluntary administrator to the provider or a decision to wind‑up the provider—as soon as practicable after the decision;\n\t(ii)\tthe appointment of a receiver to the provider—as soon as practicable after the provider learns of the appointment;\n\t(iii)\ta decision to apply for the cancellation of the provider's registration—as soon as practicable after the decision and at least 28 days before the application is made;\n\t(iv)\ta decision to conduct a vote at a meeting on a matter that could affect the provider's eligibility to be registered or its category of registration—as soon as practicable after the decision and at least 28 days before the meeting is held;\n\t(v)\ta change in the affairs of the provider that may have an adverse impact on its compliance with the community housing legislation—before or no later than 72 hours after the change;\n\t(vi)\tany other occurrence notified in writing to the provider by the primary Registrar—within the time specified in that notice;\n\t(i)\tthe provider must keep a list of all of the provider's community housing assets in a form approved by the primary Registrar and must make the list available to the primary Registrar on request;\n\t(j)\ta standard condition imposed by the primary Registrar under subsection (3).\n\t(3)\tThe Registrars may agree to additional standard conditions of registration which may be imposed on the registration of a registered community housing provider by the primary Registrar for the provider—\n\t(a)\twhen determining an application under this Part; or\n\t(b)\tat any other time by notice in writing to the provider.\n\t(4)\tAn additional standard condition may be revoked by the primary Registrar for the registered community housing provider at any time by notice in writing to the provider.\n\t(5)\tThe primary Registrar for a registered community housing provider must give the provider an opportunity to make a submission on any proposed notice under subsection (3)(b) and take any submission made into account before issuing the notice to the provider.\n\t(6)\tThis section does not authorise—\n\t(a)\ta registered community housing provider to provide information to a Registrar that identifies an individual who is an occupier of residential premises; or\n\t(b)\ta Registrar to enter residential premises occupied by an individual,\nother than with the consent of the individual.\n16—Cancellation of registration\n\t(1)\tThe primary Registrar for a registered community housing provider may cancel the registration of the provider if—\n\t(a)\tthe provider has applied to the Registrar in a form approved by the Registrar for its registration to be cancelled; or\n\t(b)\tthe provider has been wound up or has otherwise ceased to exist.\n\t(2)\tThe primary Registrar may refuse to cancel the registration of a community housing provider under subsection (1)(a) if the primary Registrar is not satisfied that each community housing asset of the provider in each participating jurisdiction has been transferred or otherwise dealt with in accordance with the community housing legislation of a participating jurisdiction that applies to the asset.\n\t(3)\tThe primary Registrar for a registered community housing provider may also cancel the registration of the provider if—\n\t(a)\tthe primary Registrar has issued a notice of intent to cancel registration to the provider under section 20 and the provider has not, within the time specified in the notice, satisfied the primary Registrar that its registration should not be cancelled; and\n\t(b)\tthe primary Registrar has given written notice to the provider of the primary Registrar's decision to cancel the provider's registration setting out the reasons for the proposed cancellation and the date on which the cancellation is to take effect.\nPart 4—Enforcement powers of Registrar\n17—When action may be taken under Part\nThe primary Registrar for a registered community housing provider may take action under this Part if the Registrar reasonably believes that the provider is not complying with the community housing legislation of a participating jurisdiction.\n18—Notice of non‑compliance\n\t(1)\tThe primary Registrar for a registered community housing provider may issue to the provider a notice in writing (a notice of non‑compliance) identifying the matters required to be addressed in order to avoid cancellation of the provider's registration for not complying with the community housing legislation and specifying a reasonable period in which those matters are to be addressed.\n\t(2)\tThe Registrar is to provide a copy of the notice to the Registrar for each participating jurisdiction.\n19—Binding instructions to rectify non‑compliance\n\t(1)\tThe primary Registrar for a registered community housing provider may give written instructions to the provider as to the manner in which the provider is to address any matter that is the subject of a notice of non‑compliance issued to the provider.\n\t(2)\tMore than 1 set of instructions may be issued in relation to a notice of non‑compliance.\n\t(3)\tA registered community housing provider and each relevant person must comply with any instructions given to the provider under this section within the period (if any) specified in those instructions.\n\t(4)\tA Registrar must, in determining whether to give instructions under this section—\n\t(a)\thave regard to the interests of any tenants of the registered community housing provider; and\n\t(b)\ttake such steps as are reasonably practicable to obtain the views of any regulatory bodies that the Registrar considers have a relevant interest in the matter.\n\t(5)\tIn this section—\nrelevant person in relation to a registered community housing provider means—\n\t(a)\ta member of the governing body of the provider; or\n\t(b)\tan officer or employee of the provider.\n20—Notice of intent to cancel registration\n\t(1)\tThe primary Registrar for a registered community housing provider may issue a notice of intent to cancel registration to the provider if the Registrar is of the opinion that—\n\t(a)\tthe provider has not addressed the matters identified in a notice of non‑compliance issued to the provider within the period specified in the notice; or\n\t(b)\tthe provider has not complied with binding instructions issued to the provider within the period specified in the instructions; or\n\t(c)\tthe provider's failure to comply with the community housing legislation is serious and requires urgent action.\n\t(2)\tA notice of intent to cancel registration is a notice in writing that identifies the matters that the Registrar considers warrant cancellation of the registered community housing provider's registration and states that the provider's registration will be cancelled unless, within the period specified in the notice (being a period of at least 14 days), the provider satisfies the Registrar that its registration should not be cancelled.\n\t(3)\tAny period specified in a notice of intent to cancel registration may be extended in writing by the Registrar at the request of the registered community housing provider concerned if the Registrar is satisfied that there are good reasons for extending the period.\n\t(4)\tThe Registrar is to provide a copy of the notice to the Registrar and Housing Agency for each participating jurisdiction.\n21—Statutory managers\n\t(1)\tThe primary Registrar for a registered community housing provider may, by instrument in writing, appoint a statutory manager to conduct such of the affairs and activities of the provider as relate to the community housing assets of the provider.\n\t(2)\tThe primary Registrar may appoint a person as a statutory manager of the provider only if either of the following occurs:\n\t(a)\ta notice of intent to cancel registration has been issued to the provider;\n\t(b)\tthe Registrar forms the opinion that the provider has failed to comply with community housing legislation or binding instructions issued to the provider and the provider's failure to comply is serious and requires urgent action.\n\t(3)\tThe instrument of appointment of a person as a statutory manager of a registered community housing provider must specify the following:\n\t(a)\tthe person's name;\n\t(b)\tdetails of the provider;\n\t(c)\tdetails of the person's functions as a statutory manager;\n\t(d)\tany limitations on the person's functions as a statutory manager;\n\t(e)\tthe date on which the appointment takes effect;\n\t(f)\tthe period of appointment (which may be expressed as continuing until further written notice from the primary Registrar);\n\t(g)\tany conditions of the appointment;\n\t(h)\tany other matter the primary Registrar considers appropriate.\n\t(4)\tA copy of the instrument of appointment must be served on the registered community housing provider.\n\t(5)\tThe primary Registrar may amend or revoke an instrument of appointment at any time.\n\t(6)\tA statutory manager has the functions specified in the instrument of appointment (subject to any limitations specified in the instrument) and is to comply with any conditions specified in the instrument.\n\t(7)\tWhile a statutory manager is appointed to exercise functions of a registered community housing provider, the governing body of the provider may not exercise any of those functions without the consent of the statutory manager.\n\t(8)\tThe primary Registrar must revoke a person's appointment as statutory manager if the primary Registrar is satisfied that—\n\t(a)\tthe registered community housing provider will no longer fail to comply with community housing legislation or any binding instructions; or\n\t(b)\tthe provider no longer has any functions with respect to community housing in participating jurisdictions; or\n\t(c)\tthe provider has been wound up.\n22—Other provisions relating to exercise of functions by statutory manager\n\t(1)\tThe expenses of and incidental to the conduct of the affairs and activities of a registered community housing provider by a statutory manager appointed under this Law are payable by the provider.\n\t(2)\tThose expenses include—\n\t(a)\tin the case of a statutory manager who is not an employee of the State, the remuneration of the statutory manager (being a rate of remuneration that may be fixed by the relevant Minister); or\n\t(b)\tin the case of a statutory manager who is an employee of the State, the reimbursement of the State of an amount certified by the relevant Minister in respect of the remuneration of that employee (being an amount that is recoverable from the registered community housing provider concerned in a court of competent jurisdiction as a debt due to the State).\n\t(3)\tA statutory manager appointed under this Law for a registered community housing provider is not liable for any loss incurred by the provider during the statutory manager's term of office unless the loss was attributable to—\n\t(a)\twilful misconduct of the statutory manager; or\n\t(b)\tgross negligence of the statutory manager; or\n\t(c)\twilful failure of the statutory manager to comply with community housing legislation or with any other law regulating the conduct of members of the governing body of the provider.\n23—Displacement of Corporations Act 2001 (Cth)\nSections 19 and 21 are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of that Act generally.\nNote—\nSection 5G of the Corporations Act 2001 of the Commonwealth enables a State to displace the operation of the provisions of the Corporations legislation of the Commonwealth in favour of provisions of State laws that are declared under State law to be Corporations legislation displacement provisions for the purposes of that section. See, in particular, section 5G(4), (5) and (11) of the Corporations Act 2001 of the Commonwealth in relation to the displacement effected by this section.\n24—No compensation payable by State\n\t(1)\tCompensation is not payable by or on behalf of a State in connection with the operation of this Part.\n\t(2)\tWithout limiting subsection (1), compensation is not payable by or on behalf of a State arising directly or indirectly from any of the following:\n\t(a)\tthe cancellation of an entity's registration or the imposition of conditions on any such registration;\n\t(b)\tthe publication of any notice of intent to cancel registration;\n\t(c)\tthe issuing of binding instructions;\n\t(d)\tthe appointment of a statutory manager;\n\t(e)\tthe exercise by any person of any function of a statutory manager or a failure by any person to exercise any such function or any loss incurred by an entity during the term of office of a statutory manager for the entity.\n\t(3)\tIn this section—\ncompensation includes damages or any other form of monetary compensation.\nPart 5—Miscellaneous\n25—Appeals to Appeal Tribunal\n\t(1)\tAn entity may appeal to the Appeal Tribunal of the primary jurisdiction of the entity in relation to any of the following decisions of a Registrar:\n\t(a)\ta decision to refuse an application for registration or for the variation of a registration of the entity;\n\t(b)\ta decision to impose or revoke any additional standard condition of registration of the entity;\n\t(c)\ta decision to issue binding instructions to the entity;\n\t(d)\ta decision to vary the category of the entity's registration;\n\t(e)\ta decision to cancel the entity's registration;\n\t(f)\ta decision to refuse an application made by or on behalf of the entity for the cancellation of its registration;\n\t(g)\ta decision to appoint a statutory manager.\n\t(2)\tAn appeal is to be made within the relevant appeal period after the Registrar provides the entity with written notice of the decision, being a notice that specifies—\n\t(a)\tthe reasons for the decision; and\n\t(b)\tthe right of the entity to appeal to the Appeal Tribunal within the relevant appeal period after the entity is provided with the notice; and\n\t(c)\tthe manner in which the entity may make any such appeal; and\n\t(d)\twhether the decision is to be stayed pending the determination of the appeal.\n\t(3)\tA decision of the Registrar is not stayed unless—\n\t(a)\tthe Registrar notifies the entity under subsection (2) that the decision is to be stayed; or\n\t(b)\tthe Appeal Tribunal orders the decision to be stayed.\n\t(4)\tIn this section—\nAppeal Tribunal, in respect of an entity, has the same meaning as it has in the community housing legislation for the primary jurisdiction of the entity;\nrelevant appeal period means the period of 14 days or such longer period as the community housing legislation for the primary jurisdiction allows for the making of appeals under this section.\n26—Disclosure of information\nA Registrar, and any delegate of the Registrar, who has obtained information in the exercise of his or her functions under this Law or any other law has a duty not to disclose that information unless the disclosure is made—\n\t(a)\tin connection with the administration or execution of this Law or the other law; or\n\t(b)\twith the consent of the person from whom the information was obtained; or\n\t(c)\tin accordance with an authority provided by the guidelines under section 10(2); or\n\t(d)\twith other lawful excuse.\nSchedule 1—National Regulatory Code\n1—Tenant and housing services\nThe community housing provider is fair, transparent and responsive in delivering housing assistance to tenants, residents and other clients particularly in relation to the following:\n\t(a)\tdetermining and managing eligibility, allocation, and termination of housing assistance;\n\t(b)\tdetermining and managing rents;\n\t(c)\tsetting and meeting relevant housing service standards;\n\t(d)\tsupporting tenant and resident engagement;\n\t(e)\tfacilitating access to support for social housing applicants and tenants with complex needs;\n\t(f)\tmanaging and addressing complaints and appeals relating to the provision of housing services;\n\t(g)\tmaintaining satisfaction with the overall quality of housing services.\n2—Housing assets\nThe community housing provider manages its community housing assets in a manner that ensures suitable properties are available at present and in the future, particularly in relation to the following:\n\t(a)\tdetermining changing housing needs and planning asset acquisitions, disposals and reconfiguration to respond (strategic asset management);\n\t(b)\tsetting and meeting relevant property condition standards;\n\t(c)\tplanning and undertaking responsive, cyclical and life‑cycle maintenance to maintain property conditions (asset maintenance);\n\t(d)\tplanning and delivering its housing development program (asset development).\n3—Community engagement\nThe community housing provider works in partnership with relevant organisations to promote community housing and to contribute to socially inclusive communities, specifically in relation to—\n\t(a)\tpromoting community housing to local organisations that work with potential residents, tenants or clients; and\n\t(b)\tcontributing to place renewal and social inclusion partnerships and planning relevant to the provider's community housing activities.\n4—Governance\nThe community housing provider is well-governed to support the aims and intended outcomes of its business, specifically in relation to the following:\n\t(a)\tensuring coherent and robust strategic, operational, financial and risk planning;\n\t(b)\tensuring effective, transparent and accountable arrangements and controls are in place for decision making to give effect to strategic, operational, financial and risk plans;\n\t(c)\tcomplying with legal requirements and relevant government policies;\n\t(d)\tensuring that the governing body has members with appropriate expertise or that such expertise is available to the governing body.\n5—Probity\nThe community housing provider maintains high standards of probity relating to the business of the provider, specifically in relation to the following:\n\t(a)\testablishing and administering a code of conduct;\n\t(b)\testablishing and administering a system of employment and appointment checks;\n\t(c)\testablishing and administering a system for preventing, detecting, reporting on and responding to, instances of fraud, corruption and criminal conduct;\n\t(d)\tmaintaining the reputation of the community housing sector.\n6—Management\nThe community housing provider manages its resources to achieve the intended outcomes of its business in a cost effective manner, specifically in relation to the following:\n\t(a)\tdemonstrating it utilises its assets and funding to meet business goals;\n\t(b)\timplementing appropriate management structures, systems, policies and procedures to ensure the operational needs of its business can be met (including having people with the right skills and experience and the systems and resources to achieve the intended outcomes of its business).\n7—Financial viability\nThe community housing provider is financially viable at all times, specifically in relation to the following:\n\t(a)\tensuring a viable capital structure;\n\t(b)\tmaintaining appropriate financial performance;\n\t(c)\tmanaging financial risk exposure.\nSchedule 2—Internal disputes\n1—Interpretation\nIn this Schedule—\nAppeal Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\n2—Application to Appeal Tribunal\n\t(1)\tSubject to subclause (2), an application for relief under this Schedule may be made by—\n\t(a)\ta tenant occupying community housing owned or managed by a registered community housing provider in relation to any of the following decisions of the community housing provider:\n\t(i)\ta decision that relates to an assessment of the financial or other circumstances of the tenant (including as to any question of eligibility or to terminate a benefit or concession);\n\t(ii)\ta decision that relates to the allocation (or reallocation) of any premises (including in relation to the transfer (or potential transfer) of the tenant to other premises);\n\t(iii)\ta decision that relates to the state, condition, modification or improvement of premises;\n\t(iv)\ta decision that relates to the calculation or imposition of any rent, levy, charge or subsidy (other than where the rent, levy, charge or subsidy arises under a tenancy agreement);\n\t(v)\ta decision to terminate the tenant's membership of the community housing provider (if the community housing provider has members who are tenants);\n\t(vi)\tany other decision that affects the person's occupation or use of premises; and\n\t(b)\ta person who has applied for membership of a registered community housing provider (if the community housing provider has members who are tenants) in relation to a decision of the community housing provider to reject the application if—\n\t(i)\tthe person is occupying community housing owned by the community housing provider; and\n\t(ii)\tthe decision has a direct impact on an existing tenancy or other existing right of occupation; and\n\t(c)\ta tenant, resident or other person in prescribed circumstances.\n\t(2)\tAn application under this Schedule may not relate to a matter—\n\t(a)\tthat may be the subject of proceedings under, or is otherwise regulated by, the Residential Tenancies Act 1995 (whether or not proceedings have been brought under that Act); or\n\t(b)\tthat does not relate to the occupation (or potential occupation) of community housing; or\n\t(c)\tthat is within a class of matters excluded from the operation of this clause by the regulations.\n\t(3)\tIn addition—\n\t(a)\tthe Appeal Tribunal may—\n\t(ii)\tdecline to proceed (or further proceed) with an application under this Schedule if proceedings related to the subject matter of the application have been commenced in a court or tribunal constituted by law; and\n\t(b)\tthe Appeal Tribunal may decline to hear a matter, or may suspend any hearing or consideration of a matter, under this Schedule if the Appeal Tribunal considers or is satisfied—\n\t(i)\tthat the applicant should have sought to resolve the matter through a mediation or conciliation process; or\n\t(ii)\tthat the applicant in the proceedings has failed to take a step relevant to the conduct or subject matter of the proceedings within a reasonable time; or\n\t(iii)\tthat the matter is not suitable for consideration, or further consideration, by the Appeal Tribunal for some other reason.\n4—Related matters\n\t(2)\tAn application must be made within—\n\t(a)\tthe prescribed period; or\n\t(b)\tsuch longer period as the Appeal Tribunal may allow.\n\t(3)\tThe operation of a decision that is the subject of an application under this Schedule will be stayed pending the outcome of the proceedings unless—\n\t(a)\tthe Appeal Tribunal, on its own initiative or on application by the registered community housing provider, determines that the decision may take effect and apply despite the application (and related proceedings) under this Schedule; or\n\t(b)\tthe decision is within the ambit of a regulation that prescribes a class or classes of decisions that will take effect or apply despite an application (and related proceedings) under this Schedule.\n\t(8)\tNothing in this Schedule derogates from the right of a person to take proceedings in a court or tribunal in relation to a matter that may be the subject of an application under this Schedule.\n\t(9)\tSection 71 of the South Australian Civil and Administrative Tribunal Act 2013 does not apply to or in relation to a decision of the Appeal Tribunal under this Schedule.\nSchedule 3—Transitional provisions\nPart 4—Transitional provisions\n14—Interpretation\n\t(1)\tIn this Part—\nrelevant day means the day on which this Part commences;\nSACCH Act means the South Australian Co-operative and Community Housing Act 1991;\nstatutory charge means a charge imposed under section 65 of the SACCH Act;\ntransitional period means the period of 18 months from the commencement of this Part or such longer period as may be prescribed by the regulations;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tIn this Part, terms used have meanings consistent with the meanings they have in the SACCH Act.\n15—Transitional provision—housing co‑operatives\n\t(1)\tSubject to this clause, a housing co‑operative registered under the SACCH Act immediately before the relevant day (a transitioning housing co‑operative) will continue in existence on and after the relevant day despite the repeal of that Act by this Act.\n\t(2)\tThe registration of a transitioning housing co‑operative under the SACCH Act ceases to have effect—\n\t(a)\ton the registration of a corresponding entity under the Community Housing Providers National Law; or\n\t(b)\ton the dissolution of the housing co‑operative under the SACCH Act; or\n\t(c)\ton the expiration of the transitional period,\nwhichever occurs first.\n\t(3)\tFor the purposes of this clause, a corresponding entity, in relation to a transitioning housing co‑operative, is an entity that the Minister recognises, by notice in the Gazette, as being an entity that has taken over, or that is to take over, the undertaking (or a part of the undertaking) of a transitioning housing co‑operative.\n\t(4)\tThe Minister may, at the request of a transitioning housing co‑operative or a corresponding entity, by instrument in writing (a transfer instrument), transfer—\n\t(a)\tspecified assets or liabilities of a transitioning housing co‑operative; or\n\t(b)\tall assets and liabilities of a transitioning housing co‑operative, other than specified assets or liabilities; or\n\t(c)\tall assets and liabilities of a transitioning housing co‑operative,\nto a corresponding entity.\n\t(5)\tA transfer instrument takes effect from a date (which may be earlier than the date of the instrument) specified in the instrument.\n\t(6)\tIf a transfer instrument provides for the transfer of a statutory charge, the charge will, when the instrument takes effect, be taken to be a charge under section 22 of this Act (over the same real property and with the same ranking) by force of this clause.\n\t(7)\tSubject to subclause (6), a transfer instrument has effect according to its terms.\n\t(8)\tIf—\n\t(a)\ta transitioning housing co‑operative has been a party to an agreement with SAHT under Part 7 Division 3 of the SACCH Act; and\n\t(b)\tthe agreement has not been replaced by a community housing agreement under this Act, or brought to an end by agreement with SAHT, by the end of the transitional period (including on account of a new agreement between SAHT and a corresponding entity),\nthe agreement under Part 7 Division 3 of the SACCH Act is voidable at the option of SAHT.\n\t(9)\tIf SAHT avoids an agreement under subclause (8), SAHT may—\n\t(a)\ttake steps to enforce any relevant charge under Part 7 Division 4 of the SACCH Act; and\n\t(b)\trecover any outstanding amount, together with compensation for any loss or expenses suffered or incurred by SAHT—\n\t(i)\tfrom the assets of the transitioning housing co‑operative; or\n\t(ii)\tfrom a corresponding entity.\n\t(10)\tA right of recovery under subclause (9) is exercised as follows:\n\t(a)\tin the case of subclause (9)(a), the right is against any assets of the transitioning housing co‑operative that exist at the time that SAHT avoids the relevant agreement (notwithstanding the dissolution of the housing co‑operative);\n\t(b)\tin the case of subclause (9)(b), the right is a right to sue for a debt due to SAHT by the corresponding entity by action in a court of competent jurisdiction.\n\t(11)\tIn addition to the preceding subclauses, if—\n\t(a)\ta community housing agreement is entered into between SAHT and a corresponding entity; and\n\t(b)\tSAHT declares that the agreement is in substitution for an agreement with a transitioning housing co‑operative under Part 7 Division 3 of the SACCH Act; and\n\t(c)\ta charge is to be imposed under section 22 of this Act over real property that was subject to the agreement with the transitioning housing co‑operative in substitution for a statutory charge; and\n\t(d)\tSAHT gives notice to the Registrar‑General in accordance with the regulations,\nthe charge under section 22 will, when it is imposed, rank in the same place as the statutory charge has ranked over the relevant real property (and the Registrar‑General may make such alterations or notations with respect to the Register Book to take into account the operation of this subclause).\n\t(12)\tWhen the registration of a transitioning housing co‑operative under the SACCH Act ceases to have effect under this clause—\n\t(a)\tthe incorporation of the housing co‑operative is cancelled and the housing co‑operative is dissolved by force of this clause; and\n\t(b)\tthe assets and liabilities of the housing co‑operative will be distributed—\n\t(i)\taccording to a transfer instrument under this clause; or\n\t(ii)\tto the extent that subparagraph (i) does not apply, according to a determination of the Minister.\n\t(13)\tA determination of the Minister under subclause (12)(b)—\n\t(a)\twill be effected by instrument published in the Gazette; and\n\t(b)\tmay provide for the transfer of any assets or liabilities of the housing co‑operative—\n\t(i)\tto the Minister or SAHT; or\n\t(ii)\tto another body that has identical or similar aims and objects to the housing co‑operative; and\n\t(c)\twill have effect according to its terms.\n\t(14)\tThe SACCH Act will, despite its repeal by this Act, continue to apply to and in relation to a transitioning housing co‑operative.\n\t(14a)\tSubclause (14) operates subject to the qualification that a right to make an application to the Housing Appeal Panel under Part 11 of the SACCH Act will be taken instead to be a right to make an application to the Tribunal and, accordingly, that Part will apply—\n\t(a)\tas if a reference to the Housing Appeal Panel (or to the Appeal Panel) were a reference to the Tribunal; and\n\t(b)\tas if an application to the Tribunal were to be made in the manner and form applying under the South Australian Civil and Administrative Tribunal Act 2013 rather than under section 84(2) of the SACCH Act; and\n\t(c)\tas if section 84(9)(c)(i) did not apply (but rather as if the relevant sections of the South Australian Civil and Administrative Tribunal Act 2013 applied instead); and\n\t(d)\tsubject to any other necessary modifications or any directions of the President of the Tribunal.\n\t(14b)\tIn addition, any proceedings before the Housing Appeal Panel under Part 11 of the SACCH Act immediately before the commencement of this subclause will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before the Tribunal (subject to the same provisions that apply under subclause (14a)(a), (c) and (d)).\n\t(14c)\tThe Tribunal may—\n\t(a)\treceive in evidence any transcript of evidence in proceedings before the Housing Appeal Panel, and draw any conclusions of fact from that evidence that appear proper; and\n\t(b)\tadopt any findings or determinations of the Housing Appeal Panel that may be relevant to proceedings before the Tribunal; and\n\t(c)\tadopt or make any decision, direction or order in relation to proceedings before the Housing Appeal Panel before the commencement of this subclause (including so as to make a decision, direction or order in relation to proceedings fully heard by the Housing Appeal Panel before the commencement of this subclause); and\n\t(d)\ttake other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of subclause (14b).\n\t(15)\tIn addition, despite a housing co‑operative being dissolved under this clause, the following provisions of the SACCH Act will continue to apply in relation to the housing co‑operative or, if relevant, a corresponding entity, subject to any modifications of those provisions prescribed by the regulations:\n\t(a)\tsection 47, insofar as is necessary to provide for the final financial statements of the housing co‑operative;\n\t(b)\tsection 49, insofar as the Minister may require the furnishing of a final return;\n\t(c)\tPart 6, so as to provide for—\n\t(i)\tthe continuation of the scheme established by that Part in relation to the real property to which an investment share may relate; or\n\t(ii)\tthe redemption or cancellation of an investment share;\n\t(d)\tPart 7, subject to the operation of a preceding provision of this clause;\n\t(e)\tParts 8 and 12, insofar as is relevant to—\n\t(i)\tany matter or circumstance that occurred before the dissolution of the housing co‑operative; or\n\t(ii)\tthe operation of this Schedule.\n16—Transitional provisions—housing associations\n\t(1)\tSubject to this clause, a housing association registered under the SACCH Act immediately before the relevant day (a transitioning housing association) will continue to be registered under that Act on and after the relevant day despite the repeal of that Act by this Act.\n\t(2)\tThe registration of a transitioning association under the SACCH Act ceases to have effect—\n\t(a)\ton the registration of the housing association under the Community Housing Providers National Law; or\n\t(b)\ton the cancellation of the registration of the housing association under the SACCH Act; or\n\t(c)\ton the expiration of the transitional period,\nwhichever occurs first.\n\t(3)\tIf —\n\t(a)\ta transitioning housing association has been a party to an agreement with SAHT under Part 7 Division 3 of the SACCH Act; and\n\t(b)\tthe agreement has not been replaced by a community housing agreement under this Act, or brought to an end by SAHT, by the end of the transitional period,\nthe agreement under Part 7 Division 3 of the SACCH Act is voidable at the option of SAHT.\n\t(4)\tIf SAHT avoids an agreement under subclause (3), SAHT may—\n\t(a)\ttake steps to enforce any relevant charge under Part 7 Division 4 of the SACCH Act; and\n\t(b)\trecover any outstanding amount, together with compensation for any loss or expenses incurred by SAHT, from the housing association, as a debt due to SAHT by action in a court of competent jurisdiction.\n\t(5)\tIn addition to the preceding subclauses, if—\n\t(a)\ta community housing agreement is entered into between SAHT and a transitioning housing association; and\n\t(b)\tSAHT declares that the agreement is in substitution for an agreement with the transitioning housing association under Part 7 Division 3 of the SACCH Act; and\n\t(c)\ta charge is to be imposed under section 22 of this Act over real property that was subject to the agreement with the transitioning housing association in substitution for a statutory charge; and\n\t(d)\tSAHT gives notice to the Registrar‑General in accordance with the regulations,\nthe charge under section 22 will, when it is imposed, rank in the same place as the statutory charge has ranked over the relevant real property (and the Registrar‑General may make such alterations or notations with respect to the Register Book to take into account the operation of this subclause).\n\t(6)\tThe SACCH Act will, despite its repeal by this Act, continue to apply to and in relation to a transitioning housing association.\n\t(6a)\tTo avoid doubt, subclause (6) operates subject to the qualification that clause 14 of Schedule 1 of the SACCH Act will apply subject to clause 15(14a) to (14c) (inclusive) of this Schedule.\n\t(7)\tIn addition, despite a housing association ceasing to be registered under the SACCH Act, the following provisions of that Act will continue to apply to the housing association, subject to any modifications of those provisions prescribed by the regulations:\n\t(a)\tsection 49, insofar as the Minister may require the furnishing of a final return;\n\t(b)\tPart 7, subject to the operation of a preceding provision of this clause;\n\t(c)\tParts 8 and 12, insofar as is relevant to—\n\t(i)\tany matter or circumstance that occurred before the registration came to an end; or\n\t(ii)\tthe operation of this Schedule;\n\t(d)\tSchedules 1 and 2, insofar as is relevant to the operation of this Schedule.\n\t(8)\tA transitioning housing association will (while its registration under the SACCH Act continues) be taken to continue to be within the ambit of paragraph (c) of the definition of supported accommodation under section 4 of the Local Government Act 1999 despite the substitution of that paragraph by an amendment made by this Act.\n17—Related matters\n\t(1)\tThe Registrar‑General must—\n\t(a)\ton the application of a body corporate in which any estate or interest in real property is vested by virtue of this Schedule; and\n\t(b)\ton production of such documents as the Registrar‑General may require,\nregister the vesting of that estate or interest in the body corporate.\n\t(2)\tThe vesting of property in a body corporate under this Schedule, and any instrument evidencing or giving effect to that vesting, are exempt from stamp duty.\n\t(3)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.\n\t(4)\tA provision of a regulation made under subclause (3) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.\n\t(5)\tTo the extent to which a provision takes effect under subclause (4) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\n\t(6)\tThe Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment or repeal effected by this Act.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Community Housing Providers (National Law) (South Australia) Act 2013 repealed the following:\nSouth Australian Co-operative and Community Housing Act 1991\nLegislation amended by principal Act\nThe Community Housing Providers (National Law) (South Australia) Act 2013 amended the following:\nIntervention Orders (Prevention of Abuse) Act 2009\nLocal Government Act 1999\nResidential Tenancies Act 1995\nWater Industry Act 2012\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2013\n65\nCommunity Housing Providers (National Law) (South Australia) Act 2013 \n21.11.2013\n1.4.2014 (Gazette 6.2.2014 p547)\n2014\n26\nStatutes Amendment (SACAT) Act 2014\n11.12.2014\nPt 4 (ss 23—29)—29.3.2015 (Gazette 5.3.2015 p883)\n2016\n29\nReal Property (Electronic Conveyancing) Amendment Act 2016\n16.6.2016\nSch 2—4.7.2016 (Gazette 30.6.2016 p2761)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n29.3.2015\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n29.3.2015\ns 3\n\n\ns 3(2)\n\n\nDistrict Court\ndeleted by 26/2014 s 23\n29.3.2015\nPt 2\n\n\ns 5\n\n\ns 5(1)\n\n\nAppeal Tribunal\nsubstituted by 26/2014 s 24\n29.3.2015\ns 14\ndeleted by 26/2014 s 25\n29.3.2015\nPt 3\n\n\ns 23\n\n\ns 23(13)\namended by 29/2016 Sch 2\n4.7.2016\ns 25\n\n\ns 25(1)\namended by 26/2014 s 26\n29.3.2015\nSch 2\n\n\ncl 1\n\n\nAppeal Tribunal\nsubstituted by 26/2014 s 27(1)\n29.3.2015\ncl 2\n\n\ncl 2(3)\namended by 26/2014 s 27(2)\n29.3.2015\n\n(a)(I) deleted by 26/2014 s 27(3)\n29.3.2015\ncl 3\ndeleted by 26/2014 s 27(4)\n29.3.2015\ncl 4\n\n\ncl 4(1)\ndeleted by 26/2014 s 27(5)\n29.3.2015\ncl 4(4)—(7)\ndeleted by 26/2014 s 27(6)\n29.3.2015\ncl 4(9)\ninserted by 26/2014 s 27(7)\n29.3.2015\nSch 3\n\n\nPts 1—3\nomitted under Legislation Revision and Publication Act 2002\n29.3.2015\nPt 4\n\n\ncl 14\n\n\ncl 14(1)\n\n\nTribunal\ninserted by 26/2014 s 28(1)\n29.3.2015\ncl 15\n\n\ncl 15(14a)-(14c)\ninserted by 26/2014 s 28(2)\n29.3.2015\ncl 16\n\n\ncl 16(6a)\ninserted by 26/2014 s 28(3)\n29.3.2015\ncl 17\n\n\ncl 17(1)\namended by 29/2016 Sch 2\n4.7.2016\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (SACAT) Act 2014\n29—Transitional provisions\n\t(1)\tIn this section—\nAppeal Panel means the Housing Appeal Panel established under the South Australian Housing Trust Act 1995;\nprincipal Act means the Community Housing Providers (National Law) (South Australia) Act 2013;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tA decision, direction or order of the Appeal Panel under the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision, direction or order of the Tribunal.\n\t(3)\tA right to make any application or to seek a review under the principal Act with respect to any matter in existence before the relevant day, with the effect that the relevant proceedings would have been commenced before the Appeal Panel, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal.\n\t(4)\tAny proceedings before the Appeal Panel under the principal Act immediately before the relevant day will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before the Tribunal.\n\t(5)\tThe Tribunal may—\n\t(a)\treceive in evidence any transcript of evidence in proceedings before the Appeal Panel, and draw any conclusions of fact from that evidence that appear proper; and\n\t(b)\tadopt any findings or determinations of the Appeal Panel that may be relevant to proceedings before the Tribunal; and\n\t(c)\tadopt or make any decision, direction or order in relation to proceedings before the Appeal Panel before the relevant day (including so as to make a decision, direction or order in relation to proceedings fully heard before the relevant day); and\n\t(d)\ttake other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.\n\t(6)\tNothing in this section affects a right to appeal to the Supreme Court against a decision of the Appeal Panel made or given before the relevant day (as the right existed under section 14(4) of the principal Act before its amendment by this Act).\nHistorical versions\n29.3.2015\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing a national registration and regulatory scheme for community housing providers, with South Australian-specific provisions for housing agreements and asset protection. While the Act includes detailed transitional provisions for moving from the previous 1991 Act, these are temporary measures supporting the core regulatory function rather than scope creep."},"complexity_factors":["Dual-layer structure: The Act combines local South Australian provisions with a scheduled 'National Law' that applies across jurisdictions, requiring readers to cross-reference between Part 2 (application provisions) and Schedule 1 (the National Law text)","Extensive cross-referencing: Multiple sections (e.g., sections 5, 7-13) modify or declare meanings for terms used in the National Law, creating interdependence between the main Act and Schedule 1","Nested transitional provisions: Schedule 3 contains complex transitional arrangements for existing housing co-operatives and associations, including deemed continuance of repealed legislation, transfer instruments, and charge substitutions with specific ranking rules","Conditional enforcement mechanisms: Part 4 of the National Law (sections 17-24) establishes a multi-stage enforcement process (notice of non-compliance → binding instructions → notice of intent to cancel → statutory manager) with specific thresholds and exceptions","Multiple delegation chains: Functions can be delegated from Minister to SAHT (s 17), SAHT to officers (s 19), Registrar to various persons (s 12, National Law s 11), and statutory managers can displace governing bodies (National Law s 21(7))","Property law interactions: Division 3 of Part 3 involves complex interactions with land registration systems (Registrar-General, Register Book) and priority rules for charges, including specific enforcement hierarchies (s 23(8))","Corporations Act displacement: Section 23 of the National Law explicitly displaces Commonwealth corporations legislation in favour of state enforcement powers, requiring understanding of both regimes","Defined terms with contextual variations: Terms like 'community housing asset' and 'Housing Agency' have different meanings depending on which provision of the National Law they appear in (see sections 8-9)"],"plain_english_summary":"This legislation creates a national system for registering and regulating community housing providers in South Australia. Community housing providers are non-government organisations that provide affordable housing to people on low incomes or with special needs.\n\n**What the law does:**\n- **Establishes a national registration scheme**: Providers must register with a central Registrar to operate legally. This creates a single national register shared across Australian states.\n- **Sets standards**: Registered providers must meet the National Regulatory Code covering tenant services, financial viability, governance, and asset management.\n- **Creates enforcement powers**: The Registrar can issue compliance notices, binding instructions, appoint statutory managers to take over failing providers, and cancel registrations.\n- **Protects community housing assets**: Special rules ensure that land and funding provided by government stays in the community housing sector even if a provider fails.\n\n**South Australian specific additions:**\n- **Community housing agreements**: The South Australian Housing Trust (SAHT) can require providers to enter agreements when receiving government funding or land. These agreements can include charges (legal claims) over property to secure government investment.\n- **Property transfers**: If a provider breaches an agreement, the Minister can order property transferred to another provider or sold, with proceeds distributed in a specific order.\n- **Tenant appeals**: Tenants can appeal certain housing provider decisions to the South Australian Civil and Administrative Tribunal (SACAT).\n\n**Who it affects:**\n- Community housing providers (must register and comply)\n- Tenants in community housing (gain appeal rights and protections)\n- The South Australian Housing Trust (gains powers to manage agreements and enforce charges)\n- The Registrar and Minister (gain regulatory and enforcement powers)\n\n**Why it matters:**\nThis law replaced the old South Australian Co-operative and Community Housing Act 1991, modernising regulation to match national standards. It aims to build confidence in the sector to attract investment while ensuring providers remain financially viable and properly governed. The national scheme allows providers to operate across state borders more easily."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act replaces the South Australian Co‑operative and Community Housing Act 1991 and imports a nationally framed regulatory regime (Schedule 1 s 3). It shifts registration, monitoring and enforcement to a national model (Schedule 1 ss 3, 12–15), introduces new property security and enforcement mechanisms (ss 22–23), and expands administrative roles for SAHT and the Registrar (ss 9, 11, 18), thereby altering the regulatory scope and mechanisms that applied under the prior state law."},"complexity_factors":["Cross‑jurisdictional integration and dependence on a single national register—Act imports the Community Housing Providers National Law and intends a single national register (s 4; Schedule 1 ss 5–6).","Layered governance with multiple decision‑makers—powers divided among the Minister, SAHT and an appointed Registrar, each with delegable discretions (ss 9–11, 16–19).","Regulatory enforcement toolkit—notice of non‑compliance, binding instructions, notices of intent to cancel, statutory manager appointments and cancellation powers (Schedule 1 Parts 4: ss 17–21).","Property and security regime—creation, ranking and enforcement of charges over real property via Registrar‑General interactions and sale/transfer remedies (ss 22–23).","Significant delegated and discretionary powers—Ministerial and SAHT delegations, regulatory rule‑making and exemptions allow broad administrative flexibility (ss 17, 19, 30, 37).","Compliance and information burdens on providers—standard conditions, reporting, inspections and obligations to provide information and meetings with the Registrar (Schedule 1 s 15).","Interplay with Corporations and other laws—displacement of Corporations Act provisions for statutory manager functions and extraterritorial operation of the Law (Schedule 1 ss 23, 7).","Transitional complexity—detailed transitional arrangements replacing the SACCH Act, vesting, transfer instruments and treatment of statutory charges (Schedule 3 Part 4: cls 14–17).","Potential financial exposure for providers—costs of statutory managers and recoveries following enforcement; State expressly disclaims compensation (Schedule 1 ss 22, 24)."],"plain_english_summary":"This Act applies the Community Housing Providers National Law in South Australia, creating a national registration and regulatory system for community housing providers administered by an appointed Registrar and supported locally by the Minister and the South Australian Housing Trust (SAHT) (see ss 4, 9, 11, 18). It enables SAHT to make funding agreements, register charges over property, enforce breaches, appoint statutory managers and impose conditions; costs, compliance obligations and remedies fall primarily on registered providers (see ss 20–24, 21)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Cannot be assessed — the legislative text was not accessible due to a website error. The complexity score and summary are based on inference from the Act's title and known features of the national community housing regulatory scheme, not from analysis of the actual text."},"complexity_factors":["Insufficient legislative text was retrieved — the source page returned a 404 error, preventing substantive analysis","National cooperative legislative schemes (where states mirror a template law) can involve complexity around jurisdictional interaction and cross-border recognition","Community housing regulation typically involves registration criteria, compliance obligations, and appeals mechanisms which add moderate technical complexity","Interaction with Commonwealth housing funding frameworks (e.g. National Housing Finance and Investment Corporation) may add a further layer"],"plain_english_summary":"## Community Housing Providers (National Law) (South Australia) Act 2013\n\n**⚠️ Note: The actual text of this legislation could not be retrieved** — the source URL returned a 'Page Not Found' error, likely due to a website migration that occurred around 24 March 2026.\n\n### What we can reasonably infer from the title:\n\nBased on the Act's name and its place within the national cooperative legislative scheme, this South Australian law most likely:\n\n- **Adopts a national framework** for regulating **community housing providers** (not-for-profit or community organisations that provide affordable/social housing to people on low incomes or with special needs)\n- Forms part of a **national cooperative scheme** — meaning multiple states and territories passed mirror legislation so that housing providers can be registered and regulated consistently across Australia\n- Establishes or references a **registration and regulatory system** for community housing organisations operating in South Australia\n- Affects **tenants** living in community housing, **housing providers** (charities, not-for-profits, co-ops), **investors**, and **government agencies** involved in social housing\n\n### Why it matters to you:\n- If you **live in community housing** in SA, this law governs the standards your housing provider must meet\n- If you **run or work for a community housing organisation**, this law determines your registration obligations and how you are regulated\n- If you are a **housing advocate or social worker**, understanding this framework helps you hold providers accountable\n\n*A full analysis cannot be provided without access to the legislative text.*"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/community-housing-providers-national-law-south-australia-act-2013","history":"/api/acts/community-housing-providers-national-law-south-australia-act-2013/history","analysis":"/api/acts/community-housing-providers-national-law-south-australia-act-2013/analysis","conflicts":"/api/acts/community-housing-providers-national-law-south-australia-act-2013/conflicts","importantCases":"/api/acts/community-housing-providers-national-law-south-australia-act-2013/important-cases","documents":"/api/acts/community-housing-providers-national-law-south-australia-act-2013/documents"}}