{"id":"tas:act-2013-021","name":"Community Housing Providers National Law (Tasmania) Act 2013","slug":"community-housing-providers-national-law-tasmania-act-2013","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"21 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31773,"registerId":"tas-act-2013-021-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Community Housing Providers National Law (Tasmania) Act 2013](/view/html/inforce/2026-04-12/act-2013-021) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> > (1)  The provisions of this Act commence on a day or days to be proclaimed.\n> \n> > (2)  Different days may be appointed under [subsection (1)](#GS2@Gs1@EN) for the commencement of different provisions of the Community Housing Providers National Law (Tasmania).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Object of Act","content":"### 3 Object of Act\n\n> The object of this Act is to apply as a law of this State a national law for the registration and regulation of community housing providers under a national system of registration.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"### 4 Interpretation\n\n> > (1)  For the purposes of this Act –\n> > \n> > > ***the local application provisions of this Act*** are the provisions of this Act other than the Community Housing Providers National Law (Tasmania).\n> \n> > (2)  In the local application provisions of this Act –\n> > \n> > > ***Community Housing Providers National Law (Tasmania)*** means the provisions applying in relation to this jurisdiction because of [section 5](#GS5@EN) ;\n> > \n> > [*\\[Section 4 Subsection (2) amended by No. 26 of 2022, s. 4, Applied:01 Dec 2022\\]*](/view/html/inforce/2022-12-01/act-2022-026#GS4@EN)\n> > \n> > > [*\\[Section 4 Subsection (2) amended by No. 26 of 2022, s. 4, Applied:01 Dec 2022\\]*](/view/html/inforce/2022-12-01/act-2022-026#GS4@EN) ***Homes Tasmania*** means Homes Tasmania established by [section 9(1) of the](/view/html/inforce/2026-04-12/act-2022-025#GS9@Gs1@EN) [Homes Tasmania Act 2022](/view/html/inforce/2026-04-12/act-2022-025) ;\n> > \n> > > [*\\[Section 4 Subsection (2) amended by No. 26 of 2022, s. 4, Applied:01 Dec 2022\\]*](/view/html/inforce/2022-12-01/act-2022-026#GS4@EN) ***Housing Agency*** means any of the following:\n> > > \n> > > > > (a) Homes Tasmania;\n> > > > \n> > > > > (b) the responsible Department in relation to the [Homes Tasmania Act 2022](/view/html/inforce/2026-04-12/act-2022-025) .\n> \n> > (3)  Terms used in the local application provisions of this Act and also in the Community Housing Providers National Law (Tasmania) have the same meanings in those provisions as they have in that Law.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Application of Community Housing Providers National Law","content":"# Part 2 Application of Community Housing Providers National Law","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Application of Community Housing Providers National Law","content":"### 5 Application of Community Housing Providers National Law\n\n> The Community Housing Providers National Law, as in force from time to time, set out in the Appendix to the *Community Housing Providers (Adoption of National Law) Act 2012* of New South Wales –\n> \n> > > (a) applies as a law of this jurisdiction; and\n> > \n> > > (b) as so applying may be referred to as the Community Housing Providers National Law (Tasmania); and\n> > \n> > > (c) so applies as if it were part of this Act.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of certain terms in Community Housing Providers National Law for purposes of this jurisdiction","content":"### 6 Meaning of certain terms in Community Housing Providers National Law for purposes of this jurisdiction\n\n> > (1)  In the Community Housing Providers National Law (Tasmania) –\n> > \n> > > [*\\[Section 6 Subsection (1) amended by No. 7 of 2025, s. 63, Applied:01 Jul 2025\\]*](/view/html/inforce/2025-07-01/act-2025-007#GS63@EN) ***Appeal Tribunal*** means the Tasmanian Civil and Administrative Tribunal;\n> > \n> > > ***this jurisdiction*** means the State of Tasmania.\n> \n> > (2)  The relevant appeal period for the purposes of section 25 of the Community Housing Providers National Law (Tasmania) is 21 days.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Exclusion of legislation of this jurisdiction","content":"### 7 Exclusion of legislation of this jurisdiction\n\n> The [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) does not apply to the Community Housing Providers National Law (Tasmania).","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Housing Agencies","content":"### 8 Housing Agencies\n\n> [*\\[Section 8 Substituted by No. 26 of 2022, s. 5, Applied:01 Dec 2022\\]*](/view/html/inforce/2022-12-01/act-2022-026#GS5@EN) For the purposes of the Community Housing Providers National Law (Tasmania) –\n> \n> > > (a) Homes Tasmania is declared to be a Housing Agency in relation to the definition of *community housing asset* in section 4 of that Law; and\n> > \n> > > (b) Homes Tasmania is declared to be a Housing Agency in relation to section 10(1)(h) and section 20(4) of that Law; and\n> > \n> > > (c) Homes Tasmania is declared to be a Housing Agency in relation to section 15(2)(c) of that Law.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Relevant Minister","content":"### 9 Relevant Minister\n\n> For the purposes of the Community Housing Providers National Law (Tasmania), the Minister administering the [Homes Act 1935](/view/html/inforce/2026-04-12/act-1935-098) is declared to be the relevant Minister.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Registrar","content":"### 10 Registrar\n\n> > (1)  For the purposes of the Community Housing Providers National Law (Tasmania), the Registrar is declared to be the individual appointed as Registrar under this section.\n> \n> > (2)  [*\\[Section 10 Subsection (2) amended by No. 26 of 2022, s. 6, Applied:01 Dec 2022\\]*](/view/html/inforce/2022-12-01/act-2022-026#GS6@Hpa@EN) The Minister may appoint a State Service officer or State Service employee as Registrar for the purposes of the Community Housing Providers National Law (Tasmania) and that officer or employee may hold the office of Registrar in conjunction with State Service employment.\n> \n> > (3)  [*\\[Section 10 Subsection (3) omitted by No. 26 of 2022, s. 6, Applied:01 Dec 2022\\]*](/view/html/inforce/2022-12-01/act-2022-026#GS6@Hpb@EN) .  .  .  .  .  .  .  .  \n> \n> > (4)  The Registrar has power to enter into contracts with any other person.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Delegation of Registrar's functions","content":"### 11 Delegation of Registrar's functions\n\n> > (1)  For the purposes of section 11 of the Community Housing Providers National Law (Tasmania), in addition to the Registrar of a participating jurisdiction, the persons to whom functions may be delegated under that section are –\n> > \n> > > > (a) a person employed under the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) ; and\n> > > \n> > > > (b) a person, or person of a class of persons, prescribed by the regulations under this Act.\n> \n> > (2)  Despite [subsection (1)](#GS11@Gs1@EN) , investigative functions may only be delegated to a person referred to in that subsection who holds a position the duties of which include the carrying out of investigative functions and who has been issued by the Registrar with an identification card that complies with [subsection (3)](#GS11@Gs3@EN) .\n> \n> > (3)  An identification card must –\n> > \n> > > > (a) state that it is issued under this Act; and\n> > > \n> > > > (b) give the name of the person to whom it is issued; and\n> > > \n> > > > (c) contain a recent photograph of the person; and\n> > > \n> > > > (d) contain a copy of the person's signature; and\n> > > \n> > > > (e) describe the nature of the powers conferred; and\n> > > \n> > > > (f) state the date (if any) on which it expires; and\n> > > \n> > > > (g) be signed by the Registrar.\n> \n> > (4)  In this section –\n> > \n> > > ***investigative functions*** means the functions conferred on the Registrar by the conditions of registration referred to in section 15(2)(e), (f) and (g) of the Community Housing Providers National Law (Tasmania).","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Transfer of community housing assets","content":"### 12 Transfer of community housing assets\n\n> Any transfer of community housing assets from a registered community housing provider to another registered community housing provider may only be effected after the first-mentioned registered community housing provider has obtained the written agreement of a Housing Agency referred to in [section 8(a)](#GS8@Hpa@EN) .","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Fees","content":"### 13 Fees\n\n> For the purposes of section 13(4) of the Community Housing Providers National Law (Tasmania), the fee is the fee prescribed by the regulations under this Act.","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Proceedings for offences","content":"### 14 Proceedings for offences\n\n> Proceedings for an offence against the Community Housing Providers National Law (Tasmania) may be dealt with summarily.","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Amendments to National Law","content":"### 15 Amendments to National Law\n\n> > (1)  The Minister is to cause any amendment to the Community Housing Providers National Law (Tasmania) to be tabled in each House of Parliament within 10 sitting-days from the date on which the amendment receives the Royal Assent in New South Wales.\n> \n> > (2)  Nothing in this section affects the operation of the amendment.","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Regulations","content":"### 16 Regulations\n\n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  The regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.\n> \n> > (3)  The regulations may –\n> > \n> > > > (a) provide that a contravention of any of the regulations is an offence; and\n> > > \n> > > > (b) in respect of such an offence, provide for the imposition of a fine not exceeding 50 penalty units.\n> \n> > (4)  The regulations may authorise any matter to be from time to time determined, applied or regulated by any person or body specified in the regulations.","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Administration of Act","content":"### 17 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Human Services; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Health and Human Services.","sortOrder":18}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Currency of version","severity":"low","reasoning":"The access timestamp of 1 April 2026 postdates the file modification date of 2 July 2025 by approximately 9 months. While this may reflect a system clock or metadata artefact rather than a legislative drafting error, it creates a logical inconsistency: a document cannot be authoritatively accessed at a date that has not yet occurred relative to its own modification record. This raises questions about the reliability of currency metadata.","confidence":0.55,"description":"The legislation is described as 'current from 1 July 2025 to date (accessed 1 April 2026 at 23:12)' — a future access date relative to the file modification date of 2 July 2025, implying the document was accessed nearly 9 months before it was supposedly last modified, or that the system is operating with a future-dated timestamp."},{"type":"impossible_compliance","section":"Status Information — Update Policy","severity":"low","reasoning":"The word 'usually' removes any enforceable obligation. If a citizen relies on the currency of the online version to determine their legal obligations, the admission that updates may be delayed beyond 3 working days — with no outer limit stated — undermines the utility of the publication as an authoritative source. This is not a drafting error in the substantive Act but is a systemic absurdity in the status information regime attached to it.","confidence":0.6,"description":"The statement that 'Legislation on this site is usually updated within 3 working days after a change to the legislation' is qualified by 'usually', creating an indeterminate compliance window. There is no consequence, mechanism, or fallback specified for when the update does not occur within 3 working days, rendering the commitment legally meaningless."}],"contradictions":[{"severity":"low","section_a":"Status Information — Currency of version ('current from 1 July 2025 to date')","section_b":"Status Information — Authorisation ('File last modified 2 July 2025')","confidence":0.65,"description":"The version is stated to be current from 1 July 2025, but the file was last modified on 2 July 2025 — one day after the currency commencement date. This means the file describing the version as current from 1 July 2025 did not exist in its current form until 2 July 2025, creating a one-day gap where the authoritative record of currency was itself not yet authoritative."}]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Subsequent Tasmanian amendments adjust how the national law operates locally by naming specific Tasmanian institutions and procedures (for example, declaring Homes Tasmania a Housing Agency (s.8) and defining the Appeal Tribunal as the Tasmanian Civil and Administrative Tribunal (s.6)), expanding delegation options and setting procedural rules for transfers, fees and offences (ss.10–13, 16). These changes alter the local application and administrative reach while retaining the Act's core objective of adopting the national law (s.3, s.5)."},"complexity_factors":["Adoption of an external national law into state law (cross‑jurisdictional linkage) (s.5)","Local reinterpretation and mapping of defined terms (e.g. Appeal Tribunal, Homes Tasmania, Housing Agency) (s.4, s.6, s.8)","Appointment and powers of a state Registrar, including contract power (s.10)","Delegation scheme with limits on investigative functions and mandatory identification card requirements (s.11)","Requirement for written Housing Agency consent before transfers of community housing assets (s.12)","Fees set by regulation rather than in the Act (s.13), increasing rule‑making reliance","Regulations may create offences and fines up to 50 penalty units and delegate determinations to other persons/bodies (s.16)","Exclusion of the Acts Interpretation Act 1931 from applying to the adopted national law (s.7)","Obligation to table NSW amendments in Parliament within set time (affects amendment handling) (s.15)","Administrative assignment pending Administrative Arrangements orders (s.17)"],"plain_english_summary":"This Act makes the Community Housing Providers National Law operate in Tasmania, creating a state regime for registering and regulating community housing providers (s.5). It designates the relevant Minister, appoints a Registrar and delegations, declares Homes Tasmania a Housing Agency, requires Housing Agency consent for transfers of community housing assets, and leaves fees, offences and many details to regulations (ss.8–13, 16). Decision‑making power rests with the Minister, Registrar and delegated officers; practical effects depend on regulatory settings and Registrar discretion."},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act appears to have remained true to its original purpose of applying the Community Housing Providers National Law in Tasmania. There is no indication from the available text of significant scope creep or major changes to the law's fundamental intent since its 2013 enactment, though amendments have been made to keep it aligned with the evolving national scheme."},"complexity_factors":["Adopts a 'national law' by reference — meaning the actual substantive rules exist in an external document (the National Law) rather than within this Act itself, requiring readers to consult multiple instruments","Intergovernmental scheme involving coordination between Commonwealth, states and territories adds jurisdictional complexity","Regulatory framework includes registration tiers, compliance obligations, and enforcement mechanisms spread across the broader national scheme","Limited standalone content — the Act is largely a 'shell' that applies another jurisdiction's law, which can confuse readers about what the local Act actually does","Amendments over time (table of amending instruments referenced) may create uncertainty about which version applies in different circumstances","Interaction with both state tenancy law and national housing policy requires understanding of multiple legal frameworks"],"plain_english_summary":"This Act adopts the national regulatory framework for community housing in Tasmania, making local providers subject to the same registration, governance and quality standards used across participating jurisdictions. It affects community housing organisations (who must register and meet national rules), tenants (who gain more consistent protections), and the Tasmanian government (which cedes some oversight to the national scheme). The aim is reduced red tape and stronger, uniform accountability."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose: applying the national community housing regulatory framework to Tasmania. While it has been amended to update references (replacing the former Housing Tasmania with Homes Tasmania in 2022, and updating the appeal tribunal reference in 2025), these are machinery changes rather than scope expansion. The core function—adopting the national law and establishing local administrative infrastructure—has not drifted."},"complexity_factors":["The Act is essentially a 'shell' or 'application' statute that imports an external national law (the full text of which is not reproduced here, only referenced)","Multiple layers of defined terms: 'local application provisions' vs 'Community Housing Providers National Law (Tasmania)' vs terms defined in the imported national law","Cross-referencing to external legislation: the NSW Community Housing Providers (Adoption of National Law) Act 2012, the Homes Tasmania Act 2022, Homes Act 1935, State Service Act 2000, and Administrative Arrangements Act 1990","Conditional delegation rules with specific restrictions (investigative functions only delegable to certain officers with ID cards containing 7 specific elements)","Amendment tracking mechanism (section 15) requiring ministerial tabling of NSW amendments","Multiple amendments already incorporated (2022 and 2025) showing evolving statutory landscape"],"plain_english_summary":"This Tasmanian law brings a national scheme for regulating community housing providers into force in Tasmania. Here's what it does:\n\n**The big picture**\nCommunity housing providers are not-for-profit organisations that manage affordable rental housing for people on low incomes. This Act adopts a 'national law' originally created by New South Wales, so that Tasmania can participate in a consistent, cross-border regulatory system.\n\n**What the Act actually does**\n- **Adopts the national law**: It imports the 'Community Housing Providers National Law' (set out in a NSW Act) and makes it Tasmanian law. This national law contains all the detailed rules about registering housing providers, their obligations, and enforcement.\n- **Sets up local machinery**: It appoints a **Registrar** (a government officer) to oversee the scheme in Tasmania, defines which Tasmanian bodies count as 'Housing Agencies' (mainly **Homes Tasmania**, the state housing authority), and specifies that the **Tasmanian Civil and Administrative Tribunal** handles appeals.\n- **Protects public housing assets**: Any transfer of 'community housing assets' (properties used for social housing) between providers needs written approval from Homes Tasmania.\n- **Allows regulations and fees**: It empowers the Governor to make regulations setting fees and offences, and lets the Registrar delegate powers to staff.\n\n**Who it affects**\n- **Community housing providers** operating in Tasmania (they must register and comply with national standards)\n- **Homes Tasmania** (which oversees asset transfers and is declared a 'Housing Agency')\n- **Tenants** in community housing (indirectly, through better regulated providers)\n- The **Registrar** and their staff (who investigate and enforce compliance)\n\n**Why it matters**\nBefore this Act, community housing regulation was patchy and state-specific. This creates a single national framework while keeping local enforcement. It ensures providers are properly vetted, financially sound, and accountable—protecting both government investment in housing stock and the vulnerable people who rely on affordable housing."}},"importantCases":[],"_links":{"self":"/api/acts/community-housing-providers-national-law-tasmania-act-2013","history":"/api/acts/community-housing-providers-national-law-tasmania-act-2013/history","analysis":"/api/acts/community-housing-providers-national-law-tasmania-act-2013/analysis","conflicts":"/api/acts/community-housing-providers-national-law-tasmania-act-2013/conflicts","importantCases":"/api/acts/community-housing-providers-national-law-tasmania-act-2013/important-cases","documents":"/api/acts/community-housing-providers-national-law-tasmania-act-2013/documents"}}