{"id":"housing-act-1983","name":"Housing Act 1983","slug":"housing-act-1983","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176432,"registerId":"vic-housing-act-1983-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"143","sectionType":"section","heading":"Regulations 117","content":"143 Regulations 117\n\nPart X—Transitional 119\n\n144 Power to terminate existing leases 119\n\n145 Saving of housing finance provisions 120\n\n146 Advisory Board 120\n\n147 Amendment of Land Titles Register 120\n\n148 Construction of references to Director of Housing 121\n\n149 Change of names 121\n\nSchedules 123\n\nSchedule 1—Amendments and repeals 123\n\nSchedule 2—Provisions with respect to property 132\n\nSchedule 3—The Commonwealth–State–Northern Territory Housing Agreement 1981 139\n\nSchedule 3A—Agreement between the Commonwealth of Australia, the States and the Northern Territory relating to housing (1984‑1993) 163\n\nSchedule 4—Previous agreements 194\n\nSchedule 5—Parking of vehicles on land of Homes Victoria 197\n\nSchedule 6—Standards of habitation 207\n\nSchedule 7—Registration of rental housing agencies—registration criteria 211\n\nSchedule 8—Register of Housing Agencies 215\n\nSchedule 9—Rental housing co-operatives 219\n\nEndnotes 220\n\n1 General information 220\n\n2 Table of Amendments 222\n\n3 Explanatory details 228\n\n**Version No.** **082**\n\n**Housing Act 1983**\n\n**No. 10020 of 1983**\n\nVersion incorporating amendments as at  \n\nAn Act to modernize housing law, to improve housing administration in Victoria, to repeal the **Housing Act 1958** and the **Home Finance Act 1962** and certain other Acts, to make consequential amendments to various Acts and for other purposes.\n\n**BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):**\n\nPart I—Preliminary\n\n","sortOrder":0},{"sectionNumber":"Div 1","sectionType":"division","heading":"Commencement, repeals, interpretations","content":"Division 1—Commencement, repeals, interpretations\n\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"\t1 Short title\n\nThis Act may be cited as the **Housing Act 1983**.\n\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\nThis Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.\n\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Repeals and savings","content":"\t3 Repeals and savings\n\n(1) The Acts mentioned in Schedule 1 to the extent thereby expressed to be amended or repealed are hereby amended or repealed accordingly.\n\n(2) Except as in this Act expressly or by necessary implication provided all persons, things and circumstances appointed done or created by or under any Act which is amended or repealed by this Act or existing or continuing under any such Act immediately before the commencement of this Act shall be under and subject to this Act continue to have the same status, operation and effect as they would have had if this Act had not been enacted.\n\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"\t4 Definitions\n\n(1) In this Act unless inconsistent with the context or subject-matter—\n\nS. 4(1) def. of *Advisory Board* inserted by No. 40/2022 s. 18(2).\n\n***Advisory Board*** means the Homes Victoria Advisory Board established under section 11A;\n\nS. 4(1) def. of *Agreement* repealed by No. 10259 s. 8.\n\nS. 4(1) def. of *applicant* inserted by No. 75/2016 s. 4.\n\n***applicant*** (other than in Schedule 3) means an individual who applies for, or has entered into, a tenancy in social housing;\n\nS. 4(1) def. of *authorised person* inserted by No. 75/2016 s. 4, amended by No. 40/2022 s. 27(a)(b).\n\n***authorised person*** means—\n\n(a) a person authorised by Homes Victoria under section 142G to access the Victorian Housing Register; and\n\n(b) a person belonging to a class of person authorised by Homes Victoria under section 142G to access the Victorian Housing Register;\n\n***building*** includes a structure or a part of a structure;\n\nS. 4(1) def. of *Chair* inserted by No. 40/2022 s. 18(2).\n\n***Chair*** means the Chair of the Advisory Board appointed under section 11D;\n\nS. 4(1) def. of *Chief Executive Officer, Homes Victoria* inserted by No. 40/2022 s. 18(2).\n\n***Chief Executive Officer, Homes Victoria*** means the person referred to in section 9(1) as the Chief Executive Officer, Homes Victoria;\n\n***Commonwealth*** means Commonwealth of Australia;\n\n***construct***, in relation to a building, includes—\n\n(a) build, re-build, erect or re-erect the building;\n\n(b) make structural alterations to the building;\n\n(c) enlarge or extend the building; and\n\n(d) place or re-locate the building on land;\n\nS. 4(1) def. of *co-operative* inserted by No. 106/2004 s. 3, amended by No. 9/2013 s. 42(Sch. 2 item 11(1)).\n\n***co-operative*** has the same meaning that it has in the Co‑operatives National Law (Victoria);\n\nS. 4(1) def. of *Department* inserted by No. 106/2004 s. 3,  \namended by Nos 106/2004 s. 13(1), 40/2022 s. 18(3).\n\n***Department*** means the Department of Families, Fairness and Housing established under the **Public Administration Act 2004**;\n\nS. 4(1) def. of *designated service provider* inserted by No. 75/2016 s. 4, amended by No. 40/2022 s. 27(c).\n\n***designated service provider*** means an agency, a body or a person providing services under any of the following for the purposes of assisting disadvantaged individuals to access social housing—\n\n(a) a State contract or any other contract  \nor agreement between the agency,  \nbody or person and Homes Victoria, the Department or any other Department of the State;\n\n(b) a contract or agreement between  \nthe agency, body or person and a Department of the Commonwealth;\n\nS. 4(1) def. of *development* amended by No. 53/1988 s. 45(Sch. 2 item 13).\n\n***development*** in relation to land, means—\n\n(a) the construction or demolition of a building on the land;\n\n(b) the carrying out of works in, on, over or under the land;\n\n(c) the making of a change in the use of the land;\n\n(d) the division of the land into two or more parts each capable of being separately occupied, used or disposed of or the resubdivision of land into different parts each capable of being separately occupied, used or disposed of;\n\n(e) the redevelopment of the land;\n\nS. 4(1) def. of *Director* repealed by No. 40/2022 s. 18(4).\n\nS. 4(1) def. of *Director of Housing* amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 40/2022 s. 18(4).\n\nS. 4(1) def. of *eligible applicant* inserted by No. 75/2016 s. 4.\n\n***eligible applicant*** means an applicant who meets the eligibility criteria for a tenancy in social housing;\n\nS. 4(1) def. of *eligibility criteria* inserted by No. 75/2016 s. 4, amended by No. 40/2022 s. 27(d).\n\n***eligibility criteria*** means the criteria determined by Homes Victoria under section 142E(1)(a);\n\nS. 4(1) def. of *general fund* inserted by No. 40/2022 s. 18(2).\n\n***general fund*** means the fund established under section 25;\n\nS. 4(1) def. of *governing body* inserted by No. 106/2004 s. 3.\n\n***governing body***, in relation to a registered agency, means—\n\n(a) the board of directors of the registered agency; or\n\n(b) the committee of management of the registered agency; or\n\n(c) any other body responsible for the management of the registered agency;\n\nS. 4(1) def. of *Government agency* inserted by No. 106/2004 s. 3, amended by No. 40/2022 s. 27(e).\n\n***Government agency*** means—\n\n(a) the Crown;\n\n(b) a Government Department;\n\n(c) a public authority;\n\n(d) Homes Victoria;\n\n(e) a municipal council;\n\nS. 4(1) def. of *health information* inserted by No. 75/2016 s. 4.\n\n***health information*** has the same meaning that it has in the **Health Records Act 2001**;\n\nS. 4(1) def. of *hirer* amended by No. 40/2022 s. 27(f).\n\n***hirer*** means a person who enters into a hiring agreement with Homes Victoria;\n\nS. 4(1) def. of *hiring agreement* amended by No. 40/2022 s. 27(g).\n\n***hiring agreement*** means an agreement entered into under section 18(1) for the hiring by any person of a movable unit from Homes Victoria;\n\nS. 4(1) def. of *Homes Victoria* inserted by No. 40/2022 s. 18(2).\n\n***Homes Victoria*** means the body corporate established under section 9(2);\n\nS. 4(1) def. of *Homes Victoria development project* inserted by No. 40/2022 s. 18(2).\n\n***Homes Victoria development project*** means a project—\n\n(a) to be carried out by or on behalf of Homes Victoria to develop, operate, manage or maintain property for the purposes of this Act; and\n\n(b) that has been approved in writing by the Minister;\n\nS. 4(1) def. of *Homes Victoria subsidiary* inserted by No. 40/2022 s. 18(2).\n\n***Homes Victoria subsidiary***—see section 32A(a);\n\n***house*** means any building (whether temporary or permanent) or any part of a building which is or at any time has been used or is intended to be used as a dwelling and includes—\n\n(a) a flat;\n\n(b) any out-buildings, fences and other appurtenances to a house or flat;\n\n(c) any house to be erected or in the course of erection; and\n\n(d) any land on which the house is situated or is to be erected or is in the course of erection;\n\nS. 4(1) def. of *household member* inserted by No. 75/2016 s. 4.\n\n***household member***, of an applicant, means an individual who resides, or intends to reside, with the applicant in social housing;\n\nS. 4(1) def. of *incorporated association* inserted by No. 106/2004 s. 3,  \namended by No. 20/2012 s. 226(Sch. 5 item 16(1)).\n\n***incorporated association*** means an association incorporated under the **Associations Incorporation Reform Act 2012**;\n\nS. 4(1) def. of *inspector* inserted by No. 106/2004 s. 3.\n\n***inspector***, in Part VIII, means—\n\n(a) the Registrar of Housing Agencies; or\n\n(b) an inspector appointed under that Part;\n\n***land*** includes buildings and other structures, land covered with water and any interest (including any leasehold interest), easement or right in or over land;\n\nS. 4(1) def. of *member* inserted by No. 40/2022 s. 18(2).\n\n***member***, in relation to the Advisory Board, means a member of the Advisory Board appointed under section 11D;\n\n***movable unit*** means a house capable of being transferred from place to place;\n\nS. 4(1) def. of *municipality* repealed by No. 12/1989 s. 4(1)(Sch. 2 item 61.1).\n\nS. 4(1) def. of *non-profit body* inserted by No. 106/2004 s. 3.\n\n***non-profit body*** means—\n\n(a) a corporation limited by shares or by guarantee that by its constitution is prohibited from carrying on its business for profit; or\n\n(b) a body that—\n\n(i) is not carried on for the purposes of profit or gain to its individual members; and\n\n(ii) is, by its constitution or rules, prohibited from making any distribution, whether in money, property or otherwise, to its members—\n\nbut does not include a Government agency;\n\nS. 4(1) def. of *owner* amended by No. 26/1987 s. 21.\n\n***owner*** means the person for the time being entitled to receive the rent of the land in connexion with which the word is used (whether on that person's own account or as the agent of or as trustee for any other person) or who would be entitled to receive the rent if the land were let at a rent;\n\nS. 4(1) def. of *participating designated service provider* inserted by No. 75/2016 s. 4, amended by No. 40/2022 s. 27(h).\n\n***participating designated service provider*** means a designated service provider that is declared by Homes Victoria under section 142F(2)(a) to be a participating designated service provider;\n\nS. 4(1) def. of *participating registered agency* inserted by No. 75/2016 s. 4, amended by No. 40/2022 s. 27(i).\n\n***participating registered agency*** means a registered agency that is declared by Homes Victoria under section 142F(2)(b) to be a participating registered agency;\n\nS. 4(1) def. of *performance standards* inserted by No. 106/2004 s. 3.\n\n***performance standards***, in Part VIII, means performance standards determined under that Part;\n\nS. 4(1) def. of *personal details* inserted by No. 75/2016 s. 4.\n\n***personal details***,  of an applicant or a household member of an applicant, has the meaning given by section 142C(2);\n\nS. 4(1) def. of *personal information* inserted by No. 75/2016 s. 4.\n\n***personal information***  has the same meaning that it has in the **Privacy and Data Protection Act 2014**;\n\nS. 4(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 81.1).\n\n***police officer*** has the same meaning that it has in the **Victoria Police Act 2013**;\n\n***prescribed*** means prescribed by the regulations;\n\nS. 4(1) def. of *prescribed registration criteria* inserted by No. 106/2004 s. 3.\n\n***prescribed registration criteria***, in Part VIII, means—\n\n(a) the criteria set out in Schedule 7; and\n\n(b) any other registration criteria prescribed by the regulations for the purposes of Part VIII;\n\nS. 4(1) def. of *priority category* inserted by No. 75/2016 s. 4, amended by No. 40/2022 s. 27(j).\n\n***priority category*** means a category determined by Homes Victoria under section 142E(1)(b);\n\nS. 4(1) def. of *project fund* inserted by No. 40/2022 s. 18(2).\n\n***project fund*** means a fund established under section 26;\n\nS. 4(1) def. of *public housing* substituted by No. 40/2022 s. 18(1)(b).\n\n***public housing*** means non-profit housing in the public sector, other than under the Victorian Affordable Housing Programs;\n\nS. 4(1) def. of *registered agency* inserted by No. 106/2004 s. 3.\n\n***registered agency*** means a registered housing association or a registered housing provider;\n\nS. 4(1) def. of *registered housing association* inserted by No. 106/2004 s. 3.\n\n***registered housing association*** means a rental housing agency registered as a registered housing association under Part VIII;\n\nS. 4(1) def. of *registered housing provider* inserted by No. 106/2004 s. 3.\n\n***registered housing provider*** means a rental housing agency registered as a registered housing provider under Part VIII;\n\nS. 4 def. of *registrar* repealed by No. 84/1996 s. 467(Sch. 6 item 8.1), new def. of *Registrar* inserted by No. 106/2004 s. 3.\n\n***Registrar*** means the body corporate established under Part VIII;\n\nS. 4(1) def. of *Registrar of Housing Agencies* inserted by No. 106/2004 s. 3.\n\n***Registrar of Housing Agencies*** means the Registrar of Housing Agencies appointed under Part VIII;\n\nS. 4(1) def. of *relevant documents* inserted by No. 106/2004 s. 3.\n\n***relevant documents*** in Part VIII, means records or other documents, however compiled, recorded or stored, that relate to the incorporation and management of a registered agency, including accounts, accounting records, and documents relating to transactions, dealings, business or property of the registered agency;\n\nS. 4(1) def. of *relevant information* inserted by No. 75/2016 s. 4.\n\n***relevant information*** (other than in section 90) has the meaning given by section 142I;\n\nS. 4(1) def. of *relevant person* inserted by No. 75/2016 s. 4.\n\n***relevant person*** has the meaning given by section 142I;\n\nS. 4(1) def. of *rental housing agency* inserted by No. 106/2004 s. 3.\n\n***rental housing agency*** means—\n\n(a) a corporation limited by shares or by guarantee that is a non-profit body and that provides or is established to provide rental housing; or\n\n(b) an incorporated association or non‑trading co-operative that is a non‑profit body and that provides or is established to provide rental housing;\n\n***sale*** includes any contract of sale subject to terms as to the repayment of purchase moneys over time;\n\nS. 4(1) def. of *Secretary* inserted by No. 106/2004 s. 3.\n\n***Secretary*** means the Secretary to the Department;\n\nS. 4(1) def. of *sensitive information* inserted by No. 75/2016 s. 4.\n\n***sensitive information***  has the same meaning that it has in the **Privacy and Data Protection Act 2014**;\n\nS. 4(1) def. of *social housing* inserted by No. 75/2016 s. 4, substituted by No. 40/2022 s. 18(1)(c).\n\n***social housing*** means the following housing (other than under the Victorian Affordable Housing Programs)—\n\n(a) public housing;\n\n(b) housing owned, controlled or managed by a participating registered agency;\n\nS. 4(1) def. of *State contract* inserted by No. 75/2016 s. 4.\n\n***State contract*** has the same meaning that it has in the **Privacy and Data Protection Act 2014**;\n\n***street*** includes any street, road, lane, footway, square, court, alley, or right-of-way, whether a thoroughfare or not;\n\n***Treasurer*** means Treasurer of Victoria;\n\nS. 4(1) def. of *unique identifier* inserted by No. 75/2016 s. 4.\n\n***unique identifier*** has the same meaning that it has in the **Privacy and Data Protection Act 2014**;\n\nS. 4(1) def. of *VAHP declaration* inserted by No. 40/2022 s. 18(1)(a).\n\n***VAHP declaration*** means a declaration under section 142JA;\n\nS. 4(1) def. of *VAHP determination* inserted by No. 40/2022 s. 18(1)(a).\n\n***VAHP determination*** means a determination under section 142JB;\n\n***vehicle*** means a conveyance designed to be propelled or drawn by any means;\n\nS. 4(1) def. of *Victorian Affordable Housing Programs* inserted by No. 40/2022 s. 18(1)(a).\n\n***Victorian Affordable Housing Programs*** means the affordable housing programs under Part VIIIB;\n\nS. 4(1) def. of *Victorian Housing Register* inserted by No. 75/2016 s. 4.\n\n***Victorian Housing Register*** means the register  \nof applicants established and administered under section 142A;\n\n***works*** means any operation carried out in, on, over or under land and, without limiting the generality of the foregoing, includes the construction of streets, the setting apart of any land for gardens, parks, open spaces or places of recreation and any alteration made to the natural condition or topography of land.\n\n(2) Where a word or phrase is given a particular meaning in this Act, other parts of speech and grammatical forms of that word or phrase have, unless the contrary intention appears, corresponding meanings.\n\nS. 4(3) inserted by No. 40/2022 s. 18(5).\n\n(3) In this Act—\n\n(a) a reference to a function includes a reference to a power, authority and duty; and\n\n(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.\n\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Act binds the Crown","content":"\t5 Act binds the Crown\n\nThis Act binds the Crown, not only in right of the State of Victoria but also, so far as the legislative power of Parliament permits, the Crown in all other capacities.\n\n","sortOrder":6},{"sectionNumber":"Div 2","sectionType":"division","heading":"Objects","content":"Division 2—Objects\n\n","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Objects","content":"\t6 Objects\n\n(1) The objects of this Act are—\n\n(a) to ensure that every person in Victoria has adequate and appropriate housing at a price within his or her means by encouraging—\n\n(i) the provision of well maintained public housing of suitable quality and location;\n\nS. 6(1)(a)(ia) inserted by No. 106/2004 s. 4(1).\n\n(ia) the participation of non-profit bodies in the provision of well maintained, affordable rental housing of suitable quality and location;\n\nS. 6(1)(a)(ii) substituted by No. 106/2004 s. 4(2).\n\n(ii) the distribution, according to need, of Government housing financial assistance;\n\n(iii) the promotion of the orderly planning, assembly and development of land;\n\n(b) to expand and develop the role of the public sector in the provision of housing;\n\n(c) to promote cost effectiveness in the provision of housing;\n\n(d) to promote the integration of public and private housing;\n\n(e) to provide in the public sector a variety of housing types in various locations;\n\nS. 6(1)(ea) inserted by No. 106/2004 s. 4(3).\n\n(ea) to provide a regulatory framework to encourage the development of rental housing agencies serving the housing needs of low-income tenants by providing for the registration of those rental housing agencies and the regulation and monitoring of registered agencies;\n\n(f) to promote security and variety of tenure;\n\nS. 6(1)(g) amended by Nos 84/1996 s. 467(Sch. 6 item 8.2), 9/2013 s. 42(Sch. 2 item 11(2)).\n\n(g) to seek the participation of tenants and other community groups in the management of public housing and non-distributing co‑operatives engaged in the provision of rental housing to their members;\n\n(h) to promote consultation on major housing policy issues with all persons and groups of persons involved in housing;\n\n(i) to monitor the house building and housing finance industries in both the public and private sectors and to assist those industries to achieve growth and stability;\n\nS. 6(1)(j) amended by No. 26/1987 s. 3.\n\n(j) to co-ordinate the provision of all necessary community services and amenities ancillary to public housing;\n\nS. 6(1)(k) repealed by No. 20/1996 s. 4.\n\n(l) to maximize employment opportunities in the housing sectors;\n\n(m) to give due regard to the environmental impact of the activities of the public housing sector;\n\n(n) to provide a safe and satisfying work environment for persons employed in the public housing sector; and\n\n(o) to promote public awareness of the role and functions of the public housing sector.\n\n(2) It is the intention of the Parliament that the provisions of this Act shall be interpreted so as to further the objects set out in subsection (1) and that every power, authority, discretion, jurisdiction and duty conferred or imposed by this Act shall be exercised and performed so as by design and intent to promote and achieve those objects.\n\nPart II—Administration\n\nDivision 1—The Minister\n\nS. 7 amended by Nos 10259 s. 9(1), 26/1987 s. 21.\n\n","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Minister to have powers etc. under agreement","content":"\t7 Minister to have powers etc. under agreement\n\nThe Minister shall have the powers, authorities, functions and discretions and be subject to the duties conferred or imposed on the Minister by or under any agreement between the Commonwealth, the States and the Northern Territory of Australia relating to housing that is in force in respect of the State of Victoria.\n\n","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Advisory committees","content":"\t8 Advisory committees\n\n(1) The Minister may establish committees (in this section referred to as \"advisory committees\") consisting of such numbers of persons as the Minister thinks fit to advise the Minister on such matters as the Minister refers to the committees.\n\nS. 8(2) amended by No. 46/1998 s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 100.1), 80/2006 s. 26(Sch. item 51.1).\n\n(2) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to a member of an advisory committee in respect of the office of member.\n\n(3) The Minister may at any time remove any member of an advisory committee from office.\n\nS. 8(4) amended by No. 26/1987 s. 21.\n\n(4) A member of an advisory committee may at any time resign that office in writing addressed to the Minister.\n\n(5) Subject to subsection (6), the Minister shall determine the terms and conditions of the appointment of each member of an advisory committee.\n\n(6) Each member shall receive such salary and allowance (if any) as may be determined from time to time for statutory appointees by the Governor in Council.\n\nPt 2 Div. 2 (Heading) amended by No. 40/2022 s. 28.\n\nDivision 2—The Chief Executive Officer, Homes Victoria\n\nS. 9 (Heading) inserted by No. 40/2022 s. 19(1).\n\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Chief Executive Officer, Homes Victoria","content":"\t9 Chief Executive Officer, Homes Victoria\n\nS. 9(1) amended by No. 40/2022 s. 19(2).\n\n(1) There shall be a Chief Executive Officer, Homes Victoria to whom the following provisions shall apply—\n\nS. 9(1)(a) amended by No. 40/2022 s. 19(2).\n\n(a) the Chief Executive Officer, Homes Victoria—\n\n(i) shall be appointed by the Governor in Council and may at any time be removed from office by the Governor in Council;\n\nS. 9(1)(a)(ii) amended by Nos 26/1987 s. 21, 46/1998 s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 100.2), 80/2006 s. 26(Sch. item 51.2).\n\n(ii) is in respect of that office subject to the **Public Administration Act 2004** (other than Part 3 of that Act);\n\nS. 9(1)(a)(iii) amended by No. 26/1987 s. 21.\n\n(iii) subject to this Act, shall be entitled to hold office for the term (not exceeding seven years) for which he or she is appointed but shall be eligible for re‑appointment; and\n\n(iv) shall hold office on such terms and conditions and be entitled to receive such salary and allowances as are from time to time fixed by the Governor in Council.\n\nS. 9(1)(b) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 100.3), 40/2022 s. 19(2)(3).\n\n(b) where a person who is not an employee in the public service within the meaning of the **Public Administration Act 2004** is appointed as Chief Executive Officer, Homes Victoria, a term or condition fixed by the Governor in Council under subsection (1)(a)(iv) may provide that—\n\nS. 9(1)(b)(i) amended by No. 26/1987 s. 21.\n\n(i) where that person is removed from office prior to the expiration of the term of appointment, he or she shall be entitled—\n\n(A) to such compensation as is specified in the term or condition; or\n\nS. 9(1)(b)(i)(B) amended by Nos 46/1998  \ns. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 100.3).\n\n(B) notwithstanding anything in the **Public Administration Act 2004**, to be employed in some position in the public service with such designation as is specified in the term or condition;\n\nS. 9(1)(b)(ii) amended by Nos 26/1987 s. 21, 46/1998  \ns. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 100.3).\n\n(ii) where that person is not appointed to a further term at the expiration of the term of appointment, he or she shall be entitled, despite anything in the **Public Administration Act 2004**, to be employed in some position in the public service with such designation as is specified in the term or condition;\n\nS. 9(1)(c) amended by Nos 26/1987 s. 21, 40/2022 s. 19(2).\n\n(c) the Chief Executive Officer, Homes Victoria shall not, during his or her continuance in office, engage directly or indirectly in any paid employment outside the duties of that office without the consent of the Governor in Council;\n\nS. 9(1)(d) amended by Nos 26/1987 s. 21, 40/2022 s. 19(2).\n\n(d) the Chief Executive Officer, Homes Victoria may resign that office by writing under his or her hand addressed to the Governor in Council;\n\nS. 9(1)(e) amended by Nos 26/1987 s. 21, 40/2022 s. 19(2).\n\n(e) the office of Chief Executive Officer, Homes Victoria shall become vacant if the Chief Executive Officer, Homes Victoria becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, or compounds with his or her creditors or makes an assignment of remuneration for their benefit; and\n\nS. 9(1)(f) amended by Nos 26/1987 s. 21, 50/1988 s. 93(2)(Sch. 2 Pt 2 item 24), 40/2022 s. 19(2).\n\n(f) if the Chief Executive Officer, Homes Victoria was immediately prior to appointment an officer within the meaning of the **State** **Superannuation Act 1988** or any corresponding previous enactment, he or she shall, notwithstanding that appointment, be deemed to continue to be an officer within the meaning of, and subject to, that Act.\n\nS. 9(2) amended by Nos 26/1987 s. 21, 40/2022 s. 19(4).\n\n(2) The Chief Executive Officer, Homes Victoria and the Chief Executive Officer's successors in office shall, subject to this Act, be a body corporate under the name of \"Homes Victoria\" and shall, by that name, have perpetual succession and a corporate seal and be capable in law of suing and being sued and of acquiring, holding and disposing of real and personal property and of doing and suffering all such acts and things as bodies corporate may by law do and suffer and that are necessary for or incidental to the purposes of this Act.\n\nS. 9(2A) inserted by No. 40/2022 s. 19(5).\n\n(2A) Homes Victoria consists of the Chief Executive Officer, Homes Victoria.\n\nS. 9(3) amended by No. 40/2022 s. 19(6).\n\n(3) For the purposes of this Act, Homes Victoria shall have and may exercise the powers, discretions, functions and authorities and shall discharge the duties conferred or imposed on it by or under this or any other Act.\n\nS. 9(3A) inserted by No. 40/2022 s. 19(7).\n\n(3A) The Minister, by direction published in the Government Gazette, may—\n\n(a) confer functions on Homes Victoria; and\n\n(b) vary the functions of Homes Victoria.\n\nS. 9(4) amended by No. 40/2022 s. 19(8).\n\n(4) Homes Victoria shall not, for the purposes of any Act, be regarded as representing the Crown in any capacity whatsoever.\n\nS. 9(5) repealed by No. 46/1998 s. 7(Sch. 1).\n\nS. 10 (Heading) inserted by No. 40/2022 s. 29(1).\n\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Homes Victoria to be subject to the direction and control of Minister","content":"\t10 Homes Victoria to be subject to the direction and control of Minister\n\nS. 10(1) amended by No. 40/2022 s. 29(2).\n\n(1) In the exercise of the powers, discretions, functions and authorities and in the discharge of the duties conferred or imposed upon Homes Victoria by or under this or any other Act, Homes Victoria shall be subject to the direction and control of the Minister.\n\nS. 10(2) amended by No. 40/2022 s. 29(3).\n\n(2) Homes Victoria shall furnish the Minister with such reports, documents, papers, minutes and other information as may be required by Parliament pursuant to any Act or pursuant to any order of either House of Parliament.\n\nS. 10(3) amended by No. 40/2022 s. 29(4).\n\n(3) Homes Victoria shall also provide the Minister with regular reports on all business of Homes Victoria and shall furnish the Minister with any information which the Minister may require.\n\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Director to be successor to Housing Commission and Home Finance Trust","content":"\t11 Director to be successor to Housing Commission and Home Finance Trust\n\n(1) In this section—\n\n(a) ***appointed day*** means the day on which this Act comes into operation;\n\n(b) ***Commission*** means the Housing Commission established by the **Housing Act 1958**; and\n\n(c) ***Trust*** means the Home Finance Trust constituted under the **Home Finance Act 1962**.\n\n(2) On the appointed day—\n\n(a) all rights, property and assets that, immediately before that day, were vested in the Commission or the Trust are, by force of this subsection, vested in the Director;\n\n(b) all debts, liabilities and obligations of the Commission or the Trust existing immediately before that day, become, by force of this subsection, debts, liabilities and obligations of the Director;\n\n(c) the Director shall, by force of this subsection, be substituted as a party to any proceedings pending in any court to which the Commission or the Trust was a party immediately before that day;\n\n(d) the Director shall, by force of this subsection, be substituted as a party to any arrangement or contract entered into by or on behalf of the Commission or the Trust as a party and in force immediately before that day; and\n\n(e) any reference to the Commission or the Trust in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document whatsoever shall, so far as it relates to any period after that day and if not inconsistent with the context or subject-matter, be construed as a reference to the Director.\n\nPt 2 Div. 3 (Heading and ss 11A–11H) inserted by No. 40/2022 s. 20.\n\n","sortOrder":13},{"sectionNumber":"Div 3","sectionType":"division","heading":"Homes Victoria Advisory Board","content":"Division 3—Homes Victoria Advisory Board\n\nS. 11A inserted by No. 40/2022 s. 20.\n\n","sortOrder":14},{"sectionNumber":"11A","sectionType":"section","heading":"Homes Victoria Advisory Board","content":"\t11A Homes Victoria Advisory Board\n\n(1) The Homes Victoria Advisory Board is established.\n\n(2) The Advisory Board must consist of no fewer than 5 members and no more than 11 members.\n\nS. 11B inserted by No. 40/2022 s. 20.\n\n","sortOrder":15},{"sectionNumber":"11B","sectionType":"section","heading":"Constitution of Advisory Board","content":"\t11B Constitution of Advisory Board\n\nThe Advisory Board consists of—\n\n(a) a Chair; and\n\n(b) any other member appointed in accordance with this Division.\n\nS. 11C inserted by No. 40/2022 s. 20.\n\n","sortOrder":16},{"sectionNumber":"11C","sectionType":"section","heading":"Role and functions of Advisory Board","content":"\t11C Role and functions of Advisory Board\n\nThe role of the Advisory Board is to provide the Minister and the Chief Executive Officer, Homes Victoria with strategic advice in relation to the following—\n\n(a) the long-term strategic direction of Homes Victoria, maximising outcomes from State housing properties, deployment of housing support services and key policy reforms;\n\n(b) the financial performance and stability of Homes Victoria;\n\n(c) strategic risks and opportunities and approaches to social housing and affordable housing;\n\n(d) the corporate plan and performance indicators of Homes Victoria;\n\n(e) any other matter referred to the Advisory Board by the Minister.\n\nS. 11D inserted by No. 40/2022 s. 20.\n\n","sortOrder":17},{"sectionNumber":"11D","sectionType":"section","heading":"Appointment of Advisory Board members","content":"\t11D Appointment of Advisory Board members\n\n(1) The Minister, by instrument, may appoint the Chair and any other member of the Advisory Board.\n\n(2) In appointing members of the Advisory Board, the Minister must have regard to—\n\n(a) the mix of knowledge, skills and experience of members of the Advisory Board, including those pertaining to—\n\n(i) social housing and affordable housing; and\n\n(ii) construction, property and infrastructure development; and\n\n(iii) finance, audit and risk; and\n\n(iv) community sector leadership and management; and\n\n(v) architecture and planning; and\n\n(b) the diversity of members of the Advisory Board, including gender, disability and sexuality.\n\n(3) In appointing members of the Advisory Board, the Minister must ensure that Aboriginal persons are represented.\n\n(4) The appointment of a member of the Advisory Board under subsection (1)—\n\n(a) is for a term, not exceeding 2 years, specified in the instrument of appointment; and\n\n(b) is on the terms and conditions that are specified in the instrument of appointment.\n\n(5) Subject to a performance assessment by the Minister, the Chair of the Advisory Board is eligible to be reappointed for a maximum of 3 consecutive 2 year terms.\n\n(6) Subject to a performance assessment by the Chair and on the approval of the Minister, a member of the Advisory Board, other than the Chair, is eligible to be reappointed for a maximum of 3 consecutive 2 year terms.\n\nS. 11E inserted by No. 40/2022 s. 20.\n\n","sortOrder":18},{"sectionNumber":"11E","sectionType":"section","heading":"Vacancy and removal from Advisory Board","content":"\t11E Vacancy and removal from Advisory Board\n\nThe Minister may remove a member from the Advisory Board.\n\nS. 11F inserted by No. 40/2022 s. 20.\n\n","sortOrder":19},{"sectionNumber":"11F","sectionType":"section","heading":"Resignation","content":"\t11F Resignation\n\nA member of the Advisory Board may resign by notice in writing delivered to the Minister.\n\nS. 11G inserted by No. 40/2022 s. 20.\n\n","sortOrder":20},{"sectionNumber":"11G","sectionType":"section","heading":"Meetings of Advisory Board","content":"\t11G Meetings of Advisory Board\n\n(1) Meetings of the Advisory Board must be held at the time and places and conducted in the form the Advisory Board determines appropriate.\n\n(2) The Advisory Board must ensure that minutes are kept of each meeting.\n\nS. 11H inserted by No. 40/2022 s. 20.\n\n","sortOrder":21},{"sectionNumber":"11H","sectionType":"section","heading":"Advisory Board must provide forward plan to Minister","content":"\t11H Advisory Board must provide forward plan to Minister\n\n(1) The Advisory Board must prepare a forward plan for each financial year after the commencement of this section.\n\n(2) The Advisory Board must give a copy of the proposed forward plan to the Minister before the financial year to which the forward plan relates.\n\n(3) The Minister may approve a forward plan.\n\nS. 12 amended by No. 26/1987 s. 21, repealed by No. 75/1994 s. 15.\n\nPt 3 (Heading) amended by No. 40/2022 s. 30.\n\nPart III—Powers of Homes Victoria as to property\n\nS. 13 amended by No. 40/2022 s. 31(1).\n\n","sortOrder":22},{"sectionNumber":"13","sectionType":"section","heading":"Ministerial control","content":"\t13 Ministerial control\n\nWithout derogating from the generality of section 10(1), Homes Victoria shall be subject to the direction and control of the Minister in exercising the powers, discretions, functions and authorities and discharging the duties conferred or imposed upon Homes Victoria by or under this Part.\n\n","sortOrder":23},{"sectionNumber":"14","sectionType":"section","heading":"Power to acquire and dispose of land","content":"\t14 Power to acquire and dispose of land\n\nS. 14(1) amended by No. 40/2022 s. 31(2)(a).\n\n(a) except as otherwise provided by this section, purchase or compulsorily acquire any land;\n\nS. 14(1)(b) amended by No. 46/1998 s. 7(Sch. 1).\n\n(b) with the consent of the Minister administering the **Crown Land (Reserves) Act 1978**, purchase or acquire any Crown land;\n\nS. 14(1)(c) amended by No. 12/1989 s. 4(1)(Sch. 2 item 61.2).\n\n(c) purchase or acquire from a municipal council or public statutory corporation any land vested in the municipal council or corporation other than land reserved under section 4 of the **Crown Land (Reserves) Act 1978**;\n\nS. 14(1)(d) amended by No. 40/2022 s. 31(2)(b).\n\n(d) upon such terms and conditions and subject to such restrictions, exceptions and reservations as Homes Victoria thinks fit, exchange any land of Homes Victoria (other than land granted to Homes Victoria by the Crown without consideration) for any other land and give or receive consideration in respect of that exchange;\n\nS. 14(1)(e) amended by No. 40/2022 s. 31(2)(b).\n\n(e) sell to any person any land vested in Homes Victoria on such terms and conditions (including terms and conditions as to repayment or the use or development of the land or any part thereof) as Homes Victoria thinks fit;\n\nS. 14(1)(f) amended by No. 40/2022 s. 31(2)(b).\n\n(f) make grants of any land vested in Homes Victoria free of consideration to any person and subject to such terms and conditions as Homes Victoria thinks fit;\n\nS. 14(1)(g) amended by Nos 109/1997 s. 533(Sch. 2 item 4.1(a)), 40/2022 s. 31(2)(b).\n\n(g) subject to the **Residential Tenancies Act 1997**, lease any land vested in Homes Victoria to any person of not less than fifteen years of age or to any body corporate for such period and on such terms and conditions as Homes Victoria thinks fit;\n\nS. 14(1)(h) amended by Nos 109/1997 s. 533(Sch. 2 item 4.1(b)), 40/2022 s. 31(2)(b).\n\n(h) subject to the **Residential Tenancies Act 1997**, sub-lease any land in respect of which Homes Victoria has a leasehold interest to any person of not less than fifteen years of age or to any body corporate in accordance with the terms of the head lease; and\n\n(i) buy and sell mortgages.\n\n(2) Part I of Schedule 2 has effect for the purposes of this section.\n\n","sortOrder":24},{"sectionNumber":"15","sectionType":"section","heading":"Power to develop and manage land","content":"\t15 Power to develop and manage land\n\nS. 15(1) amended by No. 40/2022 s. 31(3)(a).\n\n(1) Homes Victoria may for the purposes of this Act and for all purposes ancillary to those purposes—\n\nS. 15(1)(a) amended by Nos 106/2004 s. 7(2)(a), 40/2022 s. 31(3)(b).\n\n(a) develop any land which is vested in Homes Victoria or in respect of which Homes Victoria has a leasehold estate; and\n\nS. 15(1)(b) amended by Nos 106/2004 s. 7(2)(b), 40/2022 s. 31(3)(b).\n\n(b) generally control, manage or use any land which is vested in or leased to or subject to any mortgage or security in favour of Homes Victoria; and\n\n(c) maintain and repair and generally control, manage or use any houses and buildings situated on any such land as is referred to in paragraph (b); and\n\nS. 15(1)(ca) inserted by No. 106/2004 s. 7(1), amended by No. 40/2022 s. 31(3)(b).\n\n(ca) at the request of the Secretary, and on terms and conditions agreed between Homes Victoria and the Secretary—\n\n(i) develop any land which is vested in the Secretary or in respect of which the Secretary has a leasehold estate;\n\n(ii) generally control, manage or use any land which is vested in or leased to or subject to any mortgage or security in favour of the Secretary;\n\n(iii) maintain and repair and generally control, manage or use any houses and buildings situated on land referred to in subparagraph (ii); and\n\nS. 15(1)(cb) inserted by No. 106/2004 s. 7(1), amended by No. 40/2022 s. 31(3)(b).\n\n(cb) at the request of a registered agency, and on terms and conditions agreed between Homes Victoria and the registered agency—\n\n(i) develop any land which is vested in the agency or in respect of which the agency has a leasehold estate;\n\n(ii) generally control, manage or use any land which is vested in or leased to or subject to any mortgage or security in favour of the agency;\n\n(iii) maintain and repair and generally control, manage or use any houses and buildings situated on land referred to in subparagraph (ii); and\n\nS. 15(1)(d) amended by No. 12/1989 s. 4(1)(Sch. 2 item 61.3).\n\n(d) with the consent of the Governor in Council and at the request and on behalf of, or in association with, and at the expense of the Commonwealth or the State of Victoria or any public department or authority of the Commonwealth or the State of Victoria or any municipal council—\n\nS. 15(1)(d)(i) amended by No. 40/2022 s. 31(3)(b).\n\n(i) develop any land whether or not it is vested in Homes Victoria;\n\n(ii) generally control, manage or use any such land; and\n\n(iii) maintain and repair and generally control, manage or use any houses and buildings situated on any such land.\n\n(2) In subsection (1) the words ***for all purposes ancillary to those purposes*** include the provision of all necessary community services and amenities.\n\n","sortOrder":25},{"sectionNumber":"16","sectionType":"section","heading":"Power to create and extinguish easements etc.","content":"\t16 Power to create and extinguish easements etc.\n\nS. 16(1) amended by No. 40/2022 s. 31(4)(a).\n\nS. 16(1)(a) amended by No. 40/2022 s. 31(4)(b).\n\n(a) grant to or create in favour of any person any easement over land vested in Homes Victoria for such payment and on such terms and conditions as Homes Victoria thinks fit; and\n\nS. 16(1)(b) amended by No. 40/2022 s. 31(4)(b).\n\n(b) where Homes Victoria is of the opinion that, for the proper planning and development of any area in which Homes Victoria has developed, or is developing, land, it is expedient that any street or any part of a street should be closed or that any easement or restrictive covenant should be extinguished, Homes Victoria may, subject to Part II of Schedule 2, recommend to the Governor in Council that such street or part thereof be closed or that such easement or restrictive covenant be extinguished and the Governor in Council may by Order close such street or part thereof or extinguish such easement or restrictive covenant.\n\nS. 16(2) amended by No. 40/2022 s. 31(5)(b).\n\n(2) Notwithstanding paragraph (a) of subsection (1), in any case where—\n\nS. 16(2)(a) amended by No. 40/2022 s. 31(5)(a).\n\n(a) by reason of the acquisition of any land by Homes Victoria or the vesting of any land in Homes Victoria or the operation of any Order of the Governor in Council made pursuant to this Act, it is desirable that an easement of way or of drainage or for the supply of water, gas or electricity or for sewerage services or for underground telephone services should be created appurtenant to any land not acquired by or vested in Homes Victoria (which land is hereunder called the \"dominant tenement\") whether or not such easement would be in substitution for any express or implied easement which is extinguished; and\n\nS. 16(2)(b) amended by No. 40/2022 s. 31(5)(a).\n\n(b) Homes Victoria certifies that provision exists or will be made for means of way or of drainage or for any such supply or services as is mentioned in paragraph (a) (as the case requires) on, over or under any land vested in Homes Victoria and in respect of which a plan of subdivision is lodged with the Registrar of Titles under section 97 of the **Transfer of Land Act 1958**—\n\nthen without any further or other authority than this subsection an easement of way or of drainage or for such supply or services as is mentioned in paragraph (a) (as the case requires), so far as is necessary for the reasonable enjoyment of the dominant tenement, shall on and from the deposit of Homes Victoria's certificate with the Registrar of Titles be deemed to exist in favour of and appurtenant to the dominant tenement on, over or under the land appropriated or set apart for the appropriate purpose on that plan of subdivision.\n\nS. 16(3) amended by Nos 26/1987 s. 4, 53/1988 s. 45(Sch. 3 item 20) (as amended by No. 47/1989 s. 23(2)).\n\n(3) Where any dominant tenement referred to in subsection (2) lies within or abuts on the boundaries of the land subdivided and to which the deposited plan relates, that dominant tenement may be numbered consecutively with the allotment or lot in that subdivision as though it were included therein and for the purposes of section 97(4) of the **Transfer of Land Act 1958** shall be deemed to be an allotment in that subdivision.\n\nS. 16(4) amended by No. 40/2022 s. 31(6).\n\n(4) On the publication of any Order closing a street or part thereof under paragraph (b) of subsection (1) such street or part thereof (whether it is the property of the Crown or not) shall cease to be a street and thereupon all rights and interests existing or claimed as regards the land comprised therein either by the public or any person or body of persons shall cease and determine and the land shall be vested in Homes Victoria freed and discharged from all trusts, encumbrances, limitations or restrictions whatsoever.\n\n(5) On the publication of any Order extinguishing an easement or restrictive covenant under paragraph (b) of subsection (1) such easement or restrictive covenant shall cease and determine.\n\nS. 16(6) amended by No. 40/2022 s. 31(7).\n\n(6) Subject to subsection (2), any owner of land who is substantially affected by the carrying into effect of a recommendation of Homes Victoria made under paragraph (b) of subsection (1) shall be entitled to such compensation as is agreed between Homes Victoria and that owner or in default of agreement as is determined under Part XLIV of the **Local Government Act 1958** and that Part shall with such adaptations as are necessary extend and apply for the purposes of this section.\n\n(7) Part II of Schedule 2 has effect for the purposes of this section.\n\n","sortOrder":26},{"sectionNumber":"17","sectionType":"section","heading":"Power to accept donations etc.","content":"\t17 Power to accept donations etc.\n\nS. 17(1) amended by No. 40/2022 s. 31(8).\n\n(a) subject to paragraph (b), accept any absolute donation, gift, devise or bequest of real or personal property; or\n\n(b) with the consent of the Governor in Council, accept any donation, gift, devise or bequest of real or personal property subject to any trust the objects of which are not substantially different from those of this Act and carry out and give effect to the objects of any such trust.\n\n(2) Part III of Schedule 2 has effect for the purposes of this section.\n\n","sortOrder":27},{"sectionNumber":"18","sectionType":"section","heading":"Provision of movable units","content":"\t18 Provision of movable units\n\nS. 18(1) amended by Nos 26/1987 s. 5(1), 40/2022 s. 31(9).\n\n(1) Homes Victoria may for the purposes of this Act enter into an agreement with any person for the sale or letting out on hire to that person of a movable unit on such terms and conditions as Homes Victoria thinks fit.\n\nS. 18(2) amended by No. 40/2022 s. 31(10).\n\n(2) For the purposes of this section Homes Victoria may purchase, acquire or manufacture movable units.\n\nS. 18(3) amended by Nos 26/1987 ss 5(2)(a)(b), 21, 109/1997 s. 533(Sch. 2 item 4.2(a)(b)), 45/2018 s. 375(1), 40/2022 s. 31(11).\n\n(3) Where any person is accommodated in a movable unit owned by Homes Victoria after a hiring agreement is determined, Homes Victoria may give notice in writing to the person requiring him or her to yield up possession of the unit and Part 7 of the **Residential Tenancies Act 1997** shall apply to and in relation to any person served with a notice under this subsection as if such notice were a notice to vacate under section 91ZZC of the **Residential Tenancies Act 1997**.\n\nS. 18(3A) inserted by No. 26/1987 s. 5(3), amended by No. 40/2022 s. 31(12).\n\n(3A) For the purpose of inspecting or removing a movable unit owned by Homes Victoria after a hiring agreement is determined, a person authorised in that behalf by Homes Victoria has power to enter at any reasonable time the land on which the unit is situated and the unit itself.\n\nS. 18(4) amended by No. 40/2022 s. 31(13).\n\n(4) It shall be an offence to hinder or obstruct any person removing a movable unit owned by Homes Victoria from any land if that person is duly authorized by Homes Victoria in that behalf.\n\n1. 2 penalty units.\n\n(5) Part IV of Schedule 2 has effect for the purposes of this section.\n\nPt 4 (Heading) amended by No. 40/2022 s. 32.\n\nPart IV—Powers of Homes Victoria as to finance\n\nDivision 1—General\n\nS. 19 amended by No. 40/2022 s. 33(1).\n\n","sortOrder":28},{"sectionNumber":"19","sectionType":"section","heading":"Ministerial control","content":"\t19 Ministerial control\n\nWithout derogating from the generality of section 10(1), Homes Victoria shall be subject to the direction and control of the Minister in exercising the powers, discretions, functions and authorities and discharging the duties conferred or imposed upon Homes Victoria by or under this Part.\n\n","sortOrder":29},{"sectionNumber":"20","sectionType":"section","heading":"Power to borrow money","content":"\t20 Power to borrow money\n\nS. 20(1) amended by No. 26/1987 s. 21, substituted by No. 99/1993 s. 16(1), amended by No. 40/2022 s. 33(2).\n\n(1) Homes Victoria may obtain financial accommodation subject to and in accordance with the **Borrowing and Investment Powers Act 1987**[[1]](#endnote-2).\n\nS. 20(2) repealed by No. 99/1993 s. 16(1).[[2]](#endnote-3)\n\nS. 20(3) inserted by No. 26/1987 s. 6, amended by Nos 99/1993 s. 16(2), 40/2022 s. 33(3).\n\n(3) Without limiting the generality of subsection (1), Homes Victoria may[[3]](#endnote-4)—\n\nS. 20(3)(a) amended by No. 40/2022 s. 33(3).\n\n(a) contract with a corporation that is declared to be a recognised institution under section 3A(4) of the **Trustee Act 1958**, in respect of mortgages in which Homes Victoria has an interest; and\n\n(b) for the purpose of performing or facilitating the performance of such a contract, enter into any other contract or arrangement with any person.\n\nS. 21 amended by No. 40/2022 s. 33(4).\n\n","sortOrder":30},{"sectionNumber":"21","sectionType":"section","heading":"Power to lend money","content":"\t21 Power to lend money\n\nFor the purposes of this Act Homes Victoria may lend to any person such sums of money as Homes Victoria thinks fit and any such loans may be on such security (if any) and on such terms and conditions as Homes Victoria thinks fit.\n\n","sortOrder":31},{"sectionNumber":"22","sectionType":"section","heading":"Investment of surplus funds[[4]](#endnote-5)","content":"\t22 Investment of surplus funds[[4]](#endnote-5)\n\nS. 22(1) substituted by No. 99/1993 s. 16(3), amended by No. 40/2022 s. 33(5).\n\n(1) Homes Victoria may invest money standing to the credit of the general fund in accordance with powers conferred on Homes Victoria by the **Borrowing and Investment Powers Act 1987**[[5]](#endnote-6).\n\nS. 22(2) repealed by No. 18/1994 s. 66(Sch. 2 item 8(b)).\n\nS. 23 amended by Nos 26/1987 s. 7, 40/2022 s. 33(6).\n\n","sortOrder":32},{"sectionNumber":"23","sectionType":"section","heading":"Death and disability benefits","content":"\t23 Death and disability benefits\n\nFor the purposes of this Act Homes Victoria may agree with a purchaser or mortgagor to forgo the payment of the whole or any part of the balance of the purchase or mortgage money that may be owing to Homes Victoria on the death or disability of the purchaser or mortgagor.\n\n","sortOrder":33},{"sectionNumber":"24","sectionType":"section","heading":"Power to make grants of money","content":"\t24 Power to make grants of money\n\nS. 24(1) amended by No. 40/2022 s. 33(7).\n\n(1) For the purposes of this Act Homes Victoria may, on such terms and conditions and for such periods as it thinks fit, make grants of money to any person.\n\nS. 24(2) amended by No. 40/2022 s. 33(8).\n\n(2) Without limiting the generality of subsection (1), Homes Victoria may make grants of money to any person for any of the following purposes—\n\n(a) the reduction in rental payments owed by that person to any other person;\n\n(b) the reduction in payments of money owed by that person to any other person under any contract of sale or under any mortgage;\n\n(c) the provision of services relating to housing by any person;\n\n(d) the carrying out of research relating to housing by any person; and\n\n(e) to assist the establishment and operation of any housing or housing finance scheme carried on by any person.\n\nS. 24(3) inserted by No. 106/2004 s. 8, amended by No. 40/2022 s. 33(9).\n\n(3) Nothing in this section requires Homes Victoria to make a grant of money to any person even if Homes Victoria has previously made a grant of money to that person under this section.\n\n","sortOrder":34},{"sectionNumber":"25","sectionType":"section","heading":"The general fund","content":"\t25 The general fund\n\nS. 25(1) amended by No. 40/2022 s. 33(10).\n\n(1) Homes Victoria shall maintain a fund to be called the \"general fund\".\n\nS. 25(2) amended by No. 40/2022 s. 33(11).\n\n(2) All moneys whatever received by Homes Victoria (including moneys raised by loan under this Act) shall be carried to the credit of the general fund.\n\nS. 25(3) substituted by No. 40/2022 s. 21(1).\n\n(3) Homes Victoria may pay money out of the general fund—\n\n(a) to pay any amounts payable by Homes Victoria (other than money to be paid out of a project fund in relation to a Homes Victoria development project)—\n\n(i) in carrying out the objects of this Act; and\n\n(ii) in the exercising of its functions under this Act; and\n\n(b) for any other purposes authorised by this Act.\n\nS. 25(4) amended by Nos 11/2001 s. 3(Sch. item 36), 40/2022 s. 33(12).\n\n(4) Homes Victoria shall keep such accounts with an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth as are approved by the Treasurer and shall pay into these accounts all moneys received by Homes Victoria.\n\nS. 25(5) inserted by No. 40/2022 s. 21(2).\n\n(5) Homes Victoria may pay out of an account kept under subsection (4) any amounts for the purposes referred to in subsection (3).\n\nS. 26 amended by No. 26/1987 s. 21, repealed by No. 99/1993 s. 16(4),  \nnew s. 26 inserted by No. 40/2022 s. 22.[[6]](#endnote-7)\n\n","sortOrder":35},{"sectionNumber":"26","sectionType":"section","heading":"Project funds","content":"\t26 Project funds\n\n(1) With the written approval of the Treasurer, Homes Victoria may establish and keep one or more project funds for the purposes of a Homes Victoria development project.\n\n(2) There may be paid into a project fund—\n\n(a) all money received by Homes Victoria, or on its behalf, in respect of, or in connection with, the carrying out of its functions under this Act or any other Act relating to a Homes Victoria development project; and\n\n(b) all income from the investment of money in a project fund and the proceeds of sale of any investment; and\n\n(c) any money directed or approved by the Minister or the Treasurer to be paid into a project fund; and\n\n(d) all other money that Homes Victoria receives for payment, or is permitted to be paid, into a project fund.\n\n(3) Homes Victoria may pay money out of a project fund—\n\n(a) to pay any amounts payable by Homes Victoria in respect of Homes Victoria's functions under this Act or any other Act relating to a Homes Victoria development project; and\n\n(b) to pay any costs and expenses incurred by Homes Victoria in relation to its functions under this Act or any other Act relating to a Homes Victoria development project; and\n\n(c) to repay any amount borrowed by Homes Victoria under this Act for any purpose relating to a Homes Victoria development project together with any charges or interest on that amount; and\n\n(d) to pay any amount to be paid into another project fund on the written approval of the Treasurer; and\n\n(e) for any other purpose authorised by or under this Act or any other Act.\n\nS. 26A (Heading) inserted by No. 40/2022 s. 23(1).\n\nS. 26A inserted by No. 26/1987 s. 8.\n\n","sortOrder":36},{"sectionNumber":"26A","sectionType":"section","heading":"Guarantee, indemnity and security by Homes Victoria[[7]](#endnote-8)","content":"\t26A Guarantee, indemnity and security by Homes Victoria[[7]](#endnote-8)\n\nS. 26A(1) amended by Nos 99/1993 s. 16(5), 40/2022 s. 33(13).\n\n(1) Homes Victoria may, with the approval of the Treasurer, execute a guarantee in favour of any person approved by Homes Victoria guaranteeing the repayment of any amount.\n\nS. 26A(2) amended by No. 40/2022 s. 33(14).\n\n(2) Homes Victoria may, with the approval of the Treasurer, provide an indemnity in favour of any person, and in respect of any liability, approved by Homes Victoria, whether or not that liability is incurred in the carrying out of the objects of this Act or in achieving its purposes.\n\nS. 26A(2A) inserted by No. 40/2022 s. 23(2).\n\n(2A) With the approval of the Treasurer, Homes Victoria may grant security over the real and personal property (including any present, future, tangible or intangible property or assets and any right, interest, revenue or benefit in, under or derived from that property or asset) of, or the shares, debentures, securities or units Homes Victoria holds in, an entity that Homes Victoria has formed, participated or invested in under section 32A.\n\nS. 26A(3) amended by Nos 40/2022 s. 23(3), 6/2023 s. 3(Sch. 1 item 3.1).\n\n(3) A guarantee executed, an indemnity provided or a security granted by Homes Victoria under subsection (1), (2) or (2A) is subject to any terms and conditions that Homes Victoria thinks appropriate.\n\n(4) Any amounts that from time to time become due and payable under a guarantee or an indemnity authorized by this section shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly).\n\nS. 27 (Heading) inserted by No. 40/2022 s. 33(22).\n\n","sortOrder":37},{"sectionNumber":"27","sectionType":"section","heading":"Preparation of annual budgets by Homes Victoria","content":"\t27 Preparation of annual budgets by Homes Victoria\n\nS. 27(1) amended by No. 40/2022 s. 33(15).\n\n(1) Before such date as may be fixed by the Minister, Homes Victoria shall submit to the Minister an operating budget and a capital works budget for the relevant financial year.\n\nS. 27(2) amended by No. 46/1998 s. 7(Sch. 1).\n\n(2) The budgets shall be in such form and contain such matter as is required by the Minister after consultation with the Minister administering Part 7 of the **Financial Management Act 1994**.\n\nS. 27(3) amended by Nos 26/1987 s. 21, 40/2022 s. 33(16).\n\n(3) The Minister shall consider the budgets submitted by Homes Victoria and shall, as soon as practicable, advise Homes Victoria as to whether the Minister approves the budgets or approves the budgets as amended by the Minister.\n\nS. 27(4) amended by No. 40/2022 s. 33(17).\n\n(4) Homes Victoria shall operate within the budgets as approved by the Minister for Homes Victoria for the relevant year.\n\nS. 27(5) amended by Nos 26/1987 s. 21, 40/2022 s. 33(18).\n\n(5) Where, during the course of a financial year, a change has occurred in the budgetary situation of Homes Victoria which, in the view of Homes Victoria or of the Minister is judged to be a significant change, or where the Minister deems it necessary, Homes Victoria shall submit to the Minister on Homes Victoria's own initiative or at the Minister's direction, a revised budget for the remainder of the year and the Minister shall consider that revised budget and shall, as soon as practicable, advise Homes Victoria as to whether the Minister approves the revised budget or approves a revised budget as amended by the Minister.\n\nS. 27(6) amended by No. 40/2022 s. 33(19).\n\n(6) Homes Victoria shall operate within the revised budget, if any, from the date that the revised budget is approved by the Minister for the remainder of the financial year.\n\nS. 27(7) amended by No. 40/2022 s. 33(20).\n\n(7) Homes Victoria shall provide to the Minister, in such form and containing such matter and within such time or times as the Minister directs, such information as the Minister may request from time to time relating to the budgetary position, finances, cash position, manpower position or other factors relevant to Homes Victoria's operations or capital works programme for the year or for any ensuing year or years.\n\nS. 27(8) amended by No. 26/1987 s. 21.\n\n(8) Before the Minister approves any budget or revised budget pursuant to this section, the Minister shall—\n\nS. 27(8)(a) amended by Nos 26/1987 s. 21, 40/2022 s. 33(21).\n\n(a) submit the budget the Minister proposes to approve for Homes Victoria for the whole financial year to the Treasurer for the Treasurer's consideration and approval; and\n\n(b) submit to the Treasurer any proposed revised budget for a portion of a financial year for the Treasurer's consideration and approval.\n\nS. 28 amended by No. 26/1987  \ns. 21, repealed by No. 93/1997 s. 28(Sch. item 16).\n\nPt 4 Div. 2 (Heading) substituted by No. 10259 s. 9(2).\n\nDivision 2—Commonwealth–State–Northern Territory Housing Agreements\n\nS. 28A inserted by No. 10259 s. 4.\n\n","sortOrder":38},{"sectionNumber":"28A","sectionType":"section","heading":"Definitions","content":"\t28A Definitions\n\nIn this Division—\n\n***1981 Agreement*** means the Commonwealth–State–Northern Territory Housing Agreement 1981, a copy of which is set out in Schedule 3;\n\n***1984 Agreement*** means the Agreement between the Commonwealth of Australia, the States and the Northern Territory relating to Housing (1984–1993), a copy of which is set out in Schedule 3A.\n\n","sortOrder":39},{"sectionNumber":"29","sectionType":"section","heading":"Ratification of Commonwealth–State–Northern Territory Housing Agreement 1981","content":"\t29 Ratification of Commonwealth–State–Northern Territory Housing Agreement 1981\n\nS. 29(1) amended by No. 10259 s. 9(3).\n\n(1) The execution on 23 December 1981 by the then Premier of the State of Victoria for and on behalf of the State of Victoria of the 1981 Agreement is hereby ratified and the 1981 Agreement is hereby approved.\n\n(2) Schedule 4 has effect with respect to the agreements referred to in clause 1 of that Schedule.\n\nS. 29A inserted by No. 10259 s. 5.\n\n","sortOrder":40},{"sectionNumber":"29A","sectionType":"section","heading":"Ratification of 1984 Agreement","content":"\t29A Ratification of 1984 Agreement\n\nThe execution on 12 March 1985 by the Premier of the State of Victoria for and on behalf of the State of Victoria of the 1984 Agreement is hereby ratified and the 1984 Agreement is hereby approved.\n\nS. 30 (Heading) inserted by No. 40/2022 s. 34(1).\n\nS. 30 amended by No. 10259 ss 6(a), 9(3).\n\n","sortOrder":41},{"sectionNumber":"30","sectionType":"section","heading":"Homes Victoria appointed agent for performance of Agreement","content":"\t30 Homes Victoria appointed agent for performance of Agreement\n\nS. 30(1) amended by No. 40/2022 s. 34(2).\n\n(1) In accordance with clause 43 of the 1981 Agreement, Homes Victoria is hereby appointed the agency for the performance of the 1981 Agreement on behalf of the State of Victoria.\n\nS. 30(2) inserted by No. 10259 s. 6(b), amended by No. 40/2022 s. 34(3).\n\n(2) In accordance with clause 39 of the 1984 Agreement, Homes Victoria is hereby appointed the agency for the performance of the 1984 Agreement on behalf of the State of Victoria.\n\nS. 31 (Heading) inserted by No. 40/2022 s. 34(4).\n\n","sortOrder":42},{"sectionNumber":"31","sectionType":"section","heading":"Payment of money to Homes Victoria","content":"\t31 Payment of money to Homes Victoria\n\nS. 31(1) amended by Nos 10259 ss 7(a), 9(3), 40/2022 s. 34(5).\n\n(1) All money advanced to the State of Victoria by the Commonwealth under the 1981 Agreement or the 1984 Agreement shall be paid to Homes Victoria who shall have the supervision and control of that money.\n\nS. 31(2) amended by Nos 10259 ss 7(b), 9(3), 26/1987 s. 21, 40/2022 s. 34(6).\n\n(2) Homes Victoria shall cause to be kept in Homes Victoria's books of account an account to be called the Home Purchase Assistance Account into which shall be paid all money advanced to the State of Victoria by the Commonwealth under Part IX of the 1981 Agreement or Part IX of the 1984 Agreement.\n\nS. 31(3) amended by Nos 10259 s. 9(3), 40/2022 s. 34(7).\n\n(3) Homes Victoria is hereby declared to be a lending authority of the State approved by the Minister for the purposes of clause 25(1)(d)(ii) of the 1981 Agreement.\n\nS. 31(3A) inserted by No. 10259 s. 7(c), amended by No. 40/2022 s. 34(8).\n\n(3A) Homes Victoria is hereby declared to be a lending authority of the State approved by the Minister for the purposes of clause 26(1)(d)(ii) of the 1984 Agreement.\n\nS. 31(4) amended by No. 10259 ss 7(d), 9(3).\n\n(4) All money which is or may become payable by the State of Victoria to the Commonwealth of Australia under the 1981 Agreement or the 1984 Agreement shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly).\n\nPart V—General\n\nPt 5 Div. 1 (Heading) amended by No. 40/2022 s. 35.\n\nDivision 1—Other powers of Homes Victoria\n\nS. 32 amended by No. 40/2022 s. 36(1).\n\n","sortOrder":43},{"sectionNumber":"32","sectionType":"section","heading":"Ministerial control","content":"\t32 Ministerial control\n\nWithout derogating from the generality of section 10(1), Homes Victoria shall be subject to the direction and control of the Minister in exercising the powers, discretions, functions and authorities and discharging the duties conferred or imposed upon Homes Victoria by or under this Part.\n\nS. 32A inserted by No. 40/2022 s. 24.\n\n","sortOrder":44},{"sectionNumber":"32A","sectionType":"section","heading":"Homes Victoria may enter into joint ventures etc.","content":"\t32A Homes Victoria may enter into joint ventures etc.\n\nWith the approval of the Minister and the Treasurer, Homes Victoria may do any or all of the following—\n\n(a) form, or participate in the formation of, a corporation, trust, joint venture, partnership or other body, including a non-profit body (a ***Homes Victoria subsidiary***);\n\n(b) subscribe for, or otherwise acquire, and hold and dispose of shares in, or debentures or other securities of, a corporation;\n\n(c) become a member of a company limited by guarantee;\n\n(d) subscribe for, or otherwise acquire, and hold and dispose of, units in a trust;\n\n(e) act as a trustee or manager of a trust or other investment interest and authorise any subsidiaries of Homes Victoria to act as a trustee or manager of a trust or other investment interest;\n\n(f) acquire and hold and dispose of an interest in a partnership or other body or arrangement;\n\n(g) enter into any contract or arrangement with a person for the sharing of profits, union of interest, co-operation, joint venture, reciprocal concessions or otherwise.\n\nS. 32B inserted by No. 40/2022 s. 24.\n\n","sortOrder":45},{"sectionNumber":"32B","sectionType":"section","heading":"Powers of Homes Victoria subsidiaries","content":"\t32B Powers of Homes Victoria subsidiaries\n\n(1) Without limiting any other powers of a Homes Victoria subsidiary under this Act or any other Act or law, a Homes Victoria subsidiary may do all things that are necessary or convenient to be done for or in connection with, or incidental to, a Homes Victoria development project (including as the delegate of Homes Victoria).\n\n(2) For the purposes of subsection (1), a Homes Victoria subsidiary may do any one or more of the following—\n\n(a) acquire, hold, lease, license and dispose of real or personal property;\n\n(b) enter into agreements and arrangements, and do all things necessary or convenient to be done to give effect to the agreements and arrangements;\n\n(c) employ persons as necessary;\n\n(d) act as an agent for another person or body;\n\n(e) engage consultants, contractors or agents;\n\n(f) do and suffer all acts and things that a person may by law do and suffer.\n\nS. 33 (Heading) inserted by No. 40/2022 s. 36(2).\n\n","sortOrder":46},{"sectionNumber":"33","sectionType":"section","heading":"Homes Victoria may enter into agreements","content":"\t33 Homes Victoria may enter into agreements\n\nS. 33(1) amended by No. 40/2022 s. 36(3).\n\n(1) For the purposes of this Act and save as otherwise provided in subsection (2), Homes Victoria may enter into an agreement with any person or body corporate on such terms and conditions as Homes Victoria thinks fit.\n\n(2) Where an agreement under subsection (1) relates to the provision of services, the agreement shall be subject to any conditions that may be imposed by the Governor in Council from time to time.\n\nS. 33(3) amended by No. 40/2022 s. 36(4).\n\n(3) Save with the approval of the Minister, Homes Victoria shall not enter into any agreement under subsection (1) where the sum of money required to be expended by Homes Victoria under that agreement in any one financial year exceeds the sum which is, from time to time, determined by the Minister.\n\n","sortOrder":47},{"sectionNumber":"34","sectionType":"section","heading":"Agreements with municipal councils, regional housing councils and non-trading co‑operative","content":"\t34 Agreements with municipal councils, regional housing councils and non-trading co‑operative\n\nS. 34(1) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 61.4), 84/1996 s. 467(Sch. 6 item 8.3), 40/2022 s. 36(5).\n\n(1) For the purposes of this Act, Homes Victoria may enter into an arrangement or agreement with a municipal council, a regional housing council (which has been recognized by the Minister and is incorporated under any Act) or a non-trading co‑operative, whereby the municipal council, council or co-operative shall carry out any works, perform any functions or provide any services which Homes Victoria has power to carry out, perform or provide under this Act and such arrangement or agreement shall be on such terms and conditions as are agreed upon between the parties.\n\n(2) Without limiting the generality of subsection (1), an arrangement or an agreement under this section may provide for—\n\nS. 34(2)(a) amended by No. 40/2022 s. 36(6).\n\n(a) the whole or any part of the cost of carrying out the arrangement or agreement, including the cost of purchasing any land required therefor, to be paid by Homes Victoria;\n\nS. 34(2)(b) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 61.5), 84/1996 s. 467(Sch. 6 item 8.3), 40/2022 s. 36(6).\n\n(b) the transfer of any land for the purposes of carrying out the arrangement or agreement from Homes Victoria to the municipal council, regional housing council or non‑trading co-operative;\n\nS. 34(2)(c) amended by No. 40/2022 s. 36(6).\n\n(c) a loan to be made by Homes Victoria to meet the whole or any part of the cost of carrying out the arrangement or agreement, including the cost of purchasing any land required therefor; or\n\nS. 34(2)(d) amended by No. 40/2022 s. 36(6).\n\n(d) Homes Victoria to pay the costs of providing any service during a specified period.\n\nS. 34(3) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 61.6), 84/1996 s. 467(Sch. 6 item 8.3), 40/2022 s. 36(7).\n\n(3) Any municipal council, regional housing council or non-trading co-operative is hereby authorized and empowered to enter into arrangements or agreements for the purposes of this Act with Homes Victoria and may do or suffer any thing necessary or expedient for carrying any such arrangement or agreement into effect.\n\nS. 34(4) amended by No. 40/2022 s. 36(8).\n\n(4) With the prior approval of the Minister, Homes Victoria may enter into an arrangement or agreement of the kind referred to in subsection (1) with any body of persons where a substantial number of those persons are occupiers of houses owned or leased by Homes Victoria.\n\n","sortOrder":48},{"sectionNumber":"35","sectionType":"section","heading":"Delegation","content":"\t35 Delegation\n\nS. 35(1) substituted by No. 106/2004 s. 9, amended by Nos 75/2016 s. 10(1), 40/2022 s. 25(1), 36(9).\n\n(1) With the prior approval of the Minister, Homes Victoria may delegate to any employee of the Department or to any other person or body any of the powers, discretions, functions or authorities of Homes Victoria under this or any other Act, including, subject to subsection (7), this power of delegation.\n\nS. 35(1A) inserted by No. 106/2004 s. 9, repealed by No. 75/2016 s. 10(2).\n\n(2) A delegate shall not exercise any power, discretion, function or authority delegated under this section until the Minister has approved the instrument of delegation concerned.\n\nS. 35(3) amended by Nos 26/1987 s. 21, 40/2022 s. 36(10).\n\n(3) Where the exercise or performance by Homes Victoria of a power, discretion, function or authority is dependent upon the opinion, belief or state of mind of Homes Victoria in relation to a matter and the power, discretion, function or authority is delegated under this section, the delegate may, unless the contrary intention appears, exercise or perform the power, discretion, function or authority upon his or her own opinion, belief or state of mind (as the case may require) in relation to the matter.\n\nS. 35(4) amended by No. 26/1987 s. 21.\n\n(4) Where the Minister has approved an instrument of delegation under subsection (2), the Minister may subsequently withdraw that approval and the delegation shall thereupon be revoked but that revocation shall not affect in any way anything lawfully done under the delegated authority.\n\nS. 35(5) amended by No. 40/2022 s. 36(11).\n\n(5) A delegation under this section may at any time be revoked by Homes Victoria, in whole or in part, but that revocation shall not affect in any way anything lawfully done under the delegated authority.\n\nS. 35(6) amended by Nos 26/1987 s. 21, 40/2022 s. 36(12).\n\n(6) A delegation under this section does not prevent the exercise or performance by Homes Victoria of any of the powers, discretions, functions and authorities conferred on Homes Victoria by or under this Act.\n\nS. 35(7) inserted by No. 40/2022 s. 25(2).\n\n(7) With the approval of the Minister, a delegate of a power, discretion, function or authority under subsection (1), subject to any conditions to which the delegation is subject, by instrument may subdelegate that power, discretion, function or authority to any other person or persons or body if the instrument of delegation authorises its subdelegation.\n\nS. 35(8) inserted by No. 40/2022 s. 25(2).\n\n(8) Sections 42 and 42A of the **Interpretation of Legislation Act 1984** apply to a subdelegation under subsection (7) as if it were a delegation.\n\nS. 36 amended by No. 40/2022 s. 36(13).\n\n","sortOrder":49},{"sectionNumber":"36","sectionType":"section","heading":"Parking of vehicles","content":"\t36 Parking of vehicles\n\n","sortOrder":50},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"shall have effect with respect to the parking of vehicles on any land vested in or held under lease by Homes Victoria.","content":"Schedule 5 shall have effect with respect to the parking of vehicles on any land vested in or held under lease by Homes Victoria.\n\nS. 36A inserted by No. 26/1987 s. 9.\n\n","sortOrder":51},{"sectionNumber":"36A","sectionType":"section","heading":"Insurance[[8]](#endnote-9)","content":"\t36A Insurance[[8]](#endnote-9)\n\nS. 36A(1) amended by No. 40/2022 s. 36(14).\n\n(1) Homes Victoria may require the purchaser, mortgagor or owner of any land that is included in a contract of sale or a mortgage or other security held by Homes Victoria to insure the land and, while any money remains payable to Homes Victoria by that person, keep it insured against any loss or damage, and for any amount, that Homes Victoria determines.\n\nS. 36A(2) amended by No. 40/2022 s. 36(15).\n\n(2) Homes Victoria may contract with the purchaser, mortgagor or owner for the insurance of the land, on any terms and conditions that Homes Victoria thinks appropriate.\n\nS. 36A(3) amended by No. 40/2022 s. 36(16).\n\n(3) Homes Victoria's power to undertake insurance extends to undertaking insurance of any land that has been proposed in an application to Homes Victoria as security for a mortgage or other advance or loan.\n\nS. 36A(4) amended by No. 40/2022 s. 36(17)(a).\n\n(4) Homes Victoria may require the insurance to be effected—\n\nS. 36A(4)(a) amended by No. 40/2022 s. 36(17)(b).\n\n(a) with Homes Victoria; or\n\nS. 36A(4)(b) amended by No. 40/2022 s. 36(17)(b).\n\n(b) with an insurer approved by Homes Victoria.\n\nS. 36A(5) amended by No. 40/2022 s. 36(18).\n\n(5) If the insurance is effected other than with Homes Victoria, the purchaser, mortgagor or owner must, immediately after the policy is issued, deliver the policy to Homes Victoria.\n\nS. 36A(6) amended by No. 40/2022 s. 36(19).\n\n(6) Homes Victoria must return the policy to the owner, mortgagor or purchaser immediately after all money due to Homes Victoria under the contract of sale or mortgage or other security has been paid.\n\nS. 36A(7) amended by No. 40/2022 s. 36(20).\n\n(7) Homes Victoria may re-insure any risk insured by Homes Victoria, on any terms and conditions that Homes Victoria thinks appropriate, with any person or body carrying on the business of insurance in the State.\n\n(8) For the purposes of this section—\n\nS. 36A(8)(a) amended by Nos 20/2019 s. 179(a), 40/2022 s. 36(21).\n\n(a) Homes Victoria is not an insurance company within the meaning of the **Fire Rescue Victoria Act 1958** and the **Country Fire Authority Act 1958**; and\n\nS. 36A(8)(b) amended by No. 40/2022 s. 36(21).\n\n(b) any land insured with Homes Victoria under this section is uninsured within the meaning of those Acts; and\n\nS. 36A(8)(c) amended by Nos 20/2019 s. 179(b), 40/2022 s. 36(21).\n\n(c) Homes Victoria must pay any expenses and charges incurred by a fire brigade of Fire Rescue Victoria or of the Country Fire Authority in attending a fire on land insured with Homes Victoria.\n\nDivision 2—Enforcement and miscellaneous provisions\n\n","sortOrder":52},{"sectionNumber":"37","sectionType":"section","heading":"Execution of documents","content":"\t37 Execution of documents\n\nS. 37(1) amended by No. 40/2022 s. 37(1).\n\n(1) Where it is required that Homes Victoria give or issue any notice, declaration, certificate, direction or order or execute any document, this shall be done—\n\nS. 37(1)(a) amended by Nos 26/1987 s. 21, 40/2022 s. 37(1), 6/2023 s. 3(Sch. 1 item 3.2(a)).\n\n(a) under the corporate seal of Homes Victoria affixed by the Chief Executive Officer, Homes Victoria who shall attest by his or her signature the fact and date of the affixing of the seal;\n\nS. 37(1)(b) amended by Nos 26/1987 s. 21, 106/2004 s. 10(1), 40/2022 s. 37(1).\n\n(b) under the corporate seal of Homes Victoria affixed by a person to whom for the time being Homes Victoria has delegated power for the purpose and who shall attest by his or her signature the fact and date of the affixing of the seal; or\n\nS. 37(1)(c) amended by Nos 106/2004 s. 10(1), 40/2022 s. 37(1), 6/2023 s. 3(Sch. 1 item 3.2(b)).\n\n(c) under the signature of the Chief Executive Officer, Homes Victoria or of a person to whom for the time being Homes Victoria has delegated power for the purpose.\n\n(2) All courts and persons acting judicially—\n\nS. 37(2)(a) amended by No. 40/2022 s. 37(2).\n\n(a) shall take judicial notice of the seal of Homes Victoria affixed to any notice, declaration, certificate, direction, order or document; and\n\n(b) shall, until the contrary is proved, presume that the seal was properly affixed.\n\n(3) All courts and persons acting judicially—\n\nS. 37(3)(a) amended by Nos 106/2004 s. 10(2), 40/2022 s. 37(3), 6/2023 s. 3(Sch. 1 item 3.3).\n\n(a) shall take judicial notice of the signature affixed to any notice, declaration, certificate, direction, order or document of the Chief Executive Officer, Homes Victoria or any person to whom for the time being Homes Victoria has delegated power to sign such notice, declaration, certificate, direction, order or document; and\n\n(b) shall, until the contrary is proved, presume that the signature was properly affixed.\n\nS. 38 substituted by No. 106/2004 s. 11.\n\n","sortOrder":53},{"sectionNumber":"38","sectionType":"section","heading":"Improper interest in contracts","content":"\t38 Improper interest in contracts\n\nS. 38(1) amended by No. 40/2022 s. 37(4).\n\n(1) A prescribed person who is in any way improperly concerned or interested in any contract or agreement made by or on behalf of Homes Victoria is guilty of an offence and is liable to a penalty not exceeding 60 penalty units.\n\n(2) In this section ***prescribed person*** means—\n\nS. 38(2)(a) amended by No. 40/2022 s. 37(5)(a).\n\n(a) the Chief Executive Officer, Homes Victoria;\n\n(b) the Registrar of Housing Agencies;\n\n(c) an employee of the Department;\n\nS. 38(2)(d) amended by No. 40/2022 s. 37(5)(b).\n\n(d) a delegate of Homes Victoria.\n\nS. 39 amended by Nos 26/1987 s. 21, 106/2004 s. 12(1), 40/2022 s. 37(6), 6/2023 s. 3(Sch. 1 item 3.4).\n\n","sortOrder":54},{"sectionNumber":"39","sectionType":"section","heading":"Personal liability of officers","content":"\t39 Personal liability of officers\n\nThe Chief Executive Officer, Homes Victoria, an employee of the Department or any other person acting on behalf of Homes Victoria shall not be subject personally to any claim, action, liability or demand in respect of any action or step taken or not taken by that person on behalf of Homes Victoria, provided that in taking or not taking that action or step the person acted in good faith for the purpose of executing this Act or the regulations.\n\n","sortOrder":55},{"sectionNumber":"40","sectionType":"section","heading":"Giving false information","content":"\t40 Giving false information\n\n(1) Where, pursuant to this Act or the regulations, a person is required to give information to any person (whether orally or in writing), the first‑mentioned person shall not wilfully give information that is untrue in any particular.\n\n1. 21 penalty units.\n\n(2) A person shall not, in any application or other instrument made under or for the purposes of this Act or the regulations, wilfully give information that is untrue in any particular.\n\n1. 21 penalty units.\n\n","sortOrder":56},{"sectionNumber":"41","sectionType":"section","heading":"Offences","content":"\t41 Offences\n\nAny person who is guilty of an offence for which no penalty is provided elsewhere in this Act is liable to a penalty of not more than 10 penalty units and in the case of a continuing offence to a penalty of not more than 1 penalty unit for every day during which the offence continues after conviction.\n\n","sortOrder":57},{"sectionNumber":"42","sectionType":"section","heading":"Directions as to prosecutions","content":"\t42 Directions as to prosecutions\n\nS. 42(1) amended by No. 40/2022 s. 37(7).\n\n(1) Homes Victoria may direct either generally or in any particular case that proceedings be taken in respect of breaches of or offences against this Act or the regulations wherever committed.\n\nS. 42(2) amended by No. 40/2022 s. 37(8).\n\n(2) Any person authorized in that behalf by Homes Victoria may prosecute for any breach of or offence against this Act or the regulations.\n\nS. 42(3) amended by Nos 57/1989 s. 3(Sch. item 97.1), 68/2009 s. 97(Sch. item 67.1).\n\n(3) No fee shall be payable on the filing of a charge‑sheet or issue of a summons for the purposes of any such prosecution or proceedings.\n\n","sortOrder":58},{"sectionNumber":"43","sectionType":"section","heading":"Service of documents","content":"\t43 Service of documents\n\n(1) Unless it is otherwise expressly provided, every notice, declaration, direction, order or other document which by or under this Act or the regulations is authorized or required to be given to the owner or occupier of any building or land shall be addressed to the owner or to the occupier of that building or land, and shall—\n\nS. 43(1)(a) amended by No. 26/1987 s. 21.\n\n(a) if the owner or occupier and the place of residence of the owner or occupier are known to the person giving the notice, be served on such owner or occupier or left with some adult person at the place of residence of the owner or occupier;\n\nS. 43(1)(b) amended by No. 26/1987 s. 21.\n\n(b) if the owner and the place of residence of the owner are not known to the person giving the notice, be served on the occupier (if any) of the building or land or left with some adult person at the premises, or if there is no occupier, be put up on some conspicuous part of the building or land; or\n\nS. 43(1)(c) amended by No. 26/1987 s. 21.\n\n(c) if the occupier and the place of residence of the owner are not known to the person giving the notice, be put up on some conspicuous part of such building or land.\n\n(2) Any notice, declaration, direction, order or other document referred to in subsection (1) may also be served by post by pre-paid letter addressed to the owner or occupier and in proving service it shall be sufficient to prove that the notice, declaration, direction, order or other document was addressed to the usual or last-known place of residence or of business of the owner or occupier and was put into the post.\n\n(3) Any notice, declaration, direction, order or other document referred to in subsection (1) may be addressed by the description of \"the owner\" or \"the occupier\" of the building or land (naming it) in respect of which the notice, declaration, direction or order had been served on the last‑mentioned owner or occupier respectively.\n\nS. 43(4) amended by No. 40/2022 s. 37(9).\n\n(4) Any document may be given to or served on Homes Victoria—\n\nS. 43(4)(a) amended by Nos 106/2004 s. 12(2), 40/2022 s. 37(9).\n\n(a) by delivering it to an employee of the Department duly authorized in that behalf by Homes Victoria; or\n\nS. 43(4)(b) amended by No. 40/2022 s. 37(9).\n\n(b) by forwarding it by post in a pre-paid letter addressed to Homes Victoria.\n\n","sortOrder":59},{"sectionNumber":"44","sectionType":"section","heading":"Presumptions","content":"\t44 Presumptions\n\nIn any prosecution or other legal proceeding under this Act no proof shall be required—\n\n(a) of any order or authority to prosecute;\n\nS. 44(b) amended by No. 40/2022 s. 37(10).\n\n(b) of the powers of Homes Victoria; or\n\nS. 44(c) amended by Nos 26/1987 s. 21, 40/2022 s. 37(10).\n\n(c) of the authority of any person to whom Homes Victoria has delegated any powers, functions, authorities or discretions under this Act.\n\n","sortOrder":60},{"sectionNumber":"45","sectionType":"section","heading":"Jurisdiction of courts","content":"\t45 Jurisdiction of courts\n\nSave as otherwise expressly provided—\n\nS. 45(a) amended by No. 16/1986 s. 30, repealed by No. 57/1989 s. 3(Sch. item 97.2).\n\n(b) all money costs and expenses made payable or recoverable by or under this Act may be recovered in any court of competent jurisdiction.\n\nPt 6  \n(Heading and ss 46–61) amended by No. 26/1987 s. 21, repealed by No. 84/1996 s. 465.\n\nPart VII—Standards of habitation\n\nS. 62 amended by No. 20/1996 s. 5(a).\n\n","sortOrder":61},{"sectionNumber":"62","sectionType":"section","heading":"Definitions[[9]](#endnote-10)","content":"\t62 Definitions[[9]](#endnote-10)\n\nIn this Part unless inconsistent with the context or subject-matter—\n\nS. 62 def. of *Council* inserted by No. 20/1996 s. 5(b), amended by No. 9/2020 s. 390(Sch. 1 item 54.1).\n\n***Council*** means the council (as defined in section 3(1) of the **Local Government Act 2020**) in the municipal district of which a house the subject of a declaration is situated;\n\nS. 62 def. of *declaration* inserted by No. 20/1996 s. 5(b).\n\n***declaration*** means a declaration made under section 64 of this Act, section 56 of the **Housing Act 1958**, or section 8 of the **Slum Reclamation and Housing Act 1938**;\n\n***demolish***, in the case of a house, includes the clearing away and removal from the land on which the house was situated of the resulting building debris;\n\nS. 62 def. of *Permanent head* repealed by No. 26/1987 s. 11(1).\n\nS. 62 def. of *regulations* amended by No. 20/1996 s. 5(c).\n\n***regulations*** means regulations made under section 63(1) as in force immediately before the commencement of the **Housing (Amendment) Act 1996**;\n\nS. 62 def. of *step* repealed by No. 20/1996 s. 5(d).\n\nS. 62(2) repealed by No. 26/1987 s. 12.\n\nSs 63–66 repealed.[[10]](#endnote-11)\n\n","sortOrder":62},{"sectionNumber":"67","sectionType":"section","heading":"Alterations or demolition of house by Council","content":"\t67 Alterations or demolition of house by Council\n\nS. 67(1) amended by No. 26/1987 s. 14(a), substituted by No. 20/1996 s. 7(1).\n\n(1) Subject to section 68A, if an owner fails to comply with a direction under section 66 (or any corresponding previous enactment), within the period specified for compliance, the Council may[[11]](#endnote-12)—\n\n(a) do all or any of the acts or things which the Council considers necessary to make the house comply with the regulations or to give effect to any direction made under section 66 (or any corresponding previous enactment) notwithstanding that the direction had not required some or any of those acts to be done; or\n\n(b) demolish the house (where the case so requires).\n\nS. 67(2) amended by Nos 26/1987 s. 14(a), 20/1996 s. 7(2).\n\n(2) The Council may recover from the owner any expenses incurred under subsection (1) and any such expenses shall be, as from such date as the Council determines, and until paid to the Council shall remain, a first charge on the land in respect of which or on which is situated the house in respect of which the expenses were incurred[[12]](#endnote-13).\n\nS. 67(2A) inserted by No. 26/1987 s. 14(b).\n\n(2A) Any such expenses bear interest from the date determined under subsection (2) until payment at the rate for the time being fixed under section 2 of the **Penalty Interest Rates Act 1983**[[13]](#endnote-14).\n\nS. 67(3) amended by Nos 26/1987 s. 14(a), 20/1996 s. 7(3).\n\n(3) The Council may sell or dispose of any material taken from any house in the course of carrying out any operation under subsection (1) and shall apply the proceeds of any such sale for and towards the expenses incurred by the Council in respect of that operation and shall pay the surplus (if any) to the owner.\n\n","sortOrder":63},{"sectionNumber":"68","sectionType":"section","heading":"Council may give notice requiring house to be and to remain unoccupied or requiring the occupier to vacate house","content":"\t68 Council may give notice requiring house to be and to remain unoccupied or requiring the occupier to vacate house\n\nS. 68(1) amended by Nos 26/1987 ss 11(2), 21, 20/1996 s. 8(1)(a)–(c).\n\n(1) Where a direction has been made under section 66 (or any corresponding previous enactment), the Council may serve a notice in writing on the occupier (if any) of the house to which the direction relates and affix a copy of the notice to that house requiring, as on and from a specified date (being a date not less than fourteen days after the service of that notice) [[14]](#endnote-15)—\n\n(a) that house to be and to remain unoccupied; or\n\n(b) the occupier of that house to vacate that house—\n\nunless (in the case where the direction has required that house to be made to comply with the regulations in whole or part) that house is to the satisfaction of the Council made to comply with the regulations in whole or as to such part before that specified date.\n\nS. 68(2) amended by Nos 26/1987 s. 11(2), 20/1996 s. 8(2)(a)(b).\n\n(2) Every person who after the expiration of the period specified in any notice served under subsection (1) inhabits or occupies the house to which that notice relates or permits or authorizes any person to inhabit or occupy that house shall, unless the Council has issued a certificate of clearance in writing certifying that the house has been made to comply with the regulations or revoked the declaration to which the notice applies under section 68A, be guilty of an offence.\n\nS. 68A inserted by No. 20/1996 s. 9.\n\n","sortOrder":64},{"sectionNumber":"68A","sectionType":"section","heading":"Revocation of declaration[[15]](#endnote-16), [[16]](#endnote-17)","content":"\t68A Revocation of declaration[[15]](#endnote-16), [[16]](#endnote-17)\n\n(1) A Council may, by notice in writing served on the owner and the occupier (if any) of the house the subject of the declaration, revoke a declaration even though the Council is not satisfied that the house complies with the regulations.\n\n(2) The Council may revoke a declaration under this section only if it is satisfied that—\n\n(a) the owner has made every reasonable endeavour to comply with the regulations; or\n\n(b) it would cause the owner undue hardship to comply with the regulations.\n\n(3) Any directions under section 66 (or any corresponding previous enactment) in force immediately before the revocation of a declaration cease to have effect on the revocation of that declaration.\n\n(4) This section does not limit the circumstances in which a declaration may cease to operate.\n\nS. 69 amended by No. 26/1987 ss 11(2), 21, repealed by No. 20/1996 s. 10.[[17]](#endnote-18)\n\nS. 70 amended by No. 26/1987 s. 15(1)–(3), repealed by No. 20/1996 s. 10.[[18]](#endnote-19), [[19]](#endnote-20)\n\n","sortOrder":65},{"sectionNumber":"71","sectionType":"section","heading":"Powers of entry","content":"\t71 Powers of entry\n\nS. 71(1) amended by Nos 26/1987 s. 16(1)(a)–(c), 20/1996 s. 11.\n\n(1) For the purpose of ascertaining whether a house complies with the regulations or in the course of carrying out or exercising any of the functions or powers of the Council under this Part or the regulations, a person authorized in that behalf by the Council shall have power—\n\nS. 71(1)(a) amended by No. 26/1987 s. 16(1)(d).\n\n(a) to enter any house between the hours of eight o'clock in the morning and six o'clock in the evening or any other building or land at any reasonable time; and\n\nS. 71(1)(b) amended by No. 26/1987 s. 16(1)(e).\n\n(b) to conduct such inspections and carry out such works as are necessary.\n\nS. 71(2) amended by No. 26/1987 s. 16(2)(a)–(c).\n\n(2) A person referred to in subsection (1) shall not, except with the consent of any resident or where otherwise provided, enter any house in which any person resides until after the expiration of 24 hours' notice given for that purpose to any resident.\n\nS. 71(3) amended by Nos 26/1987 s. 16(3)(a)(b), 20/1996 s. 11.\n\n(3) Notwithstanding anything in this section, a person authorized in that behalf by the Council shall have the power to enter any building or land at any time where the safety of the public or any resident is at risk.\n\nS. 71(4) amended by Nos 26/1987 s. 16(4), 20/1996 s. 11.\n\n(4) It shall be an offence to hinder or obstruct any person entering any house, building or land if that person is duly authorized by the Council in that behalf under subsection (1).\n\nS. 71(5) inserted by Nos 26/1987 s. 16(5), 20/1996 s. 11.\n\n(5) A person who is duly authorized by the Council under subsection (1) to enter premises may, unless the premises are a house in which any person resides, use any reasonable force that is necessary to enter the premises.\n\nS. 71A inserted by No. 26/1987 s. 17, repealed by No. 20/1996 s. 12.[[20]](#endnote-21)\n\n","sortOrder":66},{"sectionNumber":"72","sectionType":"section","heading":"Incorporation of Schedule 6","content":"\t72 Incorporation of Schedule 6\n\n","sortOrder":67},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":"shall have effect for the purposes of this Part.","content":"Schedule 6 shall have effect for the purposes of this Part.\n\nPt 8  \n(Heading and s. 73) amended by Nos 26/1987 ss 18, 21, 84/1996 s. 467(Sch. 6 item 8.4), substituted as Pt 8 (Heading and ss 73–142) by No. 106/2004 s. 5.\n\nPart VIII—The Registrar and rental housing agencies\n\nDivision 1—Introductory\n\nS. 73 substituted by No. 106/2004 s. 5.\n\n","sortOrder":68},{"sectionNumber":"73","sectionType":"section","heading":"Object of Part","content":"\t73 Object of Part\n\nThe object of this Part is to provide a regulatory framework to encourage the development of rental housing agencies serving the housing needs of low-income tenants by providing for—\n\n(a) the registration of rental housing agencies; and\n\n(b) the regulation and monitoring of registered agencies.\n\nDivision 2—The Registrar of Housing Agencies\n\nS. 74 inserted by No. 106/2004 s. 5.\n\n","sortOrder":69},{"sectionNumber":"74","sectionType":"section","heading":"The Registrar of Housing Agencies","content":"\t74 The Registrar of Housing Agencies\n\n(1) There shall be a Registrar of Housing Agencies.\n\n(2) The Registrar of Housing Agencies is to be appointed by the Governor in Council, on the recommendation of the Minister.\n\nS. 75 inserted by No. 106/2004 s. 5.\n\n","sortOrder":70},{"sectionNumber":"75","sectionType":"section","heading":"Term and conditions of appointment","content":"\t75 Term and conditions of appointment\n\n(1) Subject to this Part, the Registrar of Housing Agencies is entitled to hold office for the term, not exceeding 7 years, set out in the instrument of appointment.\n\n(2) The Registrar of Housing Agencies may be re‑appointed.\n\n(3) The Registrar of Housing Agencies holds office on the terms and conditions from time to time fixed by the Governor in Council.\n\n(4) The Registrar of Housing Agencies is entitled to the salary and allowances (if any) from time to time fixed by the Governor in Council.\n\n(5) The Registrar of Housing Agencies must not, during his or her continuance in office, engage directly or indirectly in any paid employment outside the duties of that office without the consent of the Governor in Council.\n\nS. 75(6) amended by No. 106/2004 s. 13(2).\n\n(6) Despite subsection (5), a person employed under Part 3 of the **Public Administration Act 2004** may also hold the office of Registrar of Housing Agencies but is not entitled to any salary or allowances for holding that office.\n\nS. 75(7) substituted by Nos 106/2004 s. 13(3), 80/2006 s. 26(Sch. item 51.3).\n\n(7) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to the Registrar of Housing Agencies in respect of that office.\n\n(8) If the Registrar of Housing Agencies was, immediately prior to appointment to that office, an officer within the meaning of the **State Superannuation Act 1988**, he or she is, despite that appointment, deemed to continue to be an officer within the meaning of, and subject to, that Act.\n\nS. 76 inserted by No. 106/2004 s. 5.\n\n","sortOrder":71},{"sectionNumber":"76","sectionType":"section","heading":"Termination of appointment","content":"\t76 Termination of appointment\n\n(1) The Governor in Council may at any time remove the Registrar of Housing Agencies from office.\n\n(2) The Registrar of Housing Agencies may resign that office by writing under his or her hand addressed to the Minister.\n\n(3) The office of Registrar of Housing Agencies becomes vacant if the Registrar of Housing Agencies becomes bankrupt.\n\nS. 77 inserted by No. 106/2004 s. 5.\n\n","sortOrder":72},{"sectionNumber":"77","sectionType":"section","heading":"Acting Registrar of Housing Agencies","content":"\t77 Acting Registrar of Housing Agencies\n\n(1) The Minister may appoint a person to act as Registrar of Housing Agencies in the event of a vacancy (including an initial vacancy) in that office or the absence of the holder of that office.\n\n(2) The Acting Registrar of Housing Agencies may be appointed for a period not exceeding 6 months and may be re-appointed.\n\n(3) The Acting Registrar of Housing Agencies shall, while so acting, have all the powers and may exercise any of the functions of the Registrar of Housing Agencies as if he or she were the Registrar of Housing Agencies.\n\n(4) The Acting Registrar of Housing Agencies holds office on the terms and conditions from time to time fixed by the Minister.\n\n(5) The Acting Registrar of Housing Agencies is entitled to the salary and allowances (if any) from time to time fixed by the Minister.\n\nS. 77(6) amended by No. 106/2004 s. 13(4).\n\n(6) A person employed under Part 3 of the **Public Administration Act 2004** may also hold the office of Acting Registrar of Housing Agencies but is not entitled to any salary or allowances for holding that office.\n\nS. 78 inserted by No. 106/2004 s. 5.\n\n","sortOrder":73},{"sectionNumber":"78","sectionType":"section","heading":"Creation of Registrar as body corporate","content":"\t78 Creation of Registrar as body corporate\n\nThe Registrar of Housing Agencies and his or her successors in office shall, subject to this Act be a body corporate under the name of the \"Registrar of Housing Agencies\" and shall, by that name—\n\n(a) have perpetual succession and a corporate seal; and\n\n(b) be capable in law of suing and being sued and of acquiring, holding and disposing of real and personal property; and\n\n(c) be capable in law of doing and suffering all acts and things that bodies corporate may by law do and suffer.\n\nS. 79 inserted by No. 106/2004 s. 5.\n\n","sortOrder":74},{"sectionNumber":"79","sectionType":"section","heading":"Functions of Registrar","content":"\t79 Functions of Registrar\n\nThe functions of the Registrar are—\n\n(a) to register rental housing agencies under this Part;\n\n(b) to establish and maintain the Register of Housing Agencies;\n\n(c) to recommend to the Minister the making of regulations for the purposes of this Part;\n\n(d) to recommend to the Minister the making of performance standards to be met by registered agencies;\n\n(e) to monitor compliance by registered agencies with the performance standards, this Part and the regulations under this Part;\n\n(f) to provide the Minister with any information and reports about the carrying out of the functions of the Registrar as the Minister may request;\n\n(g) any other functions conferred on the Registrar by this Act or the regulations.\n\nS. 80 inserted by No. 106/2004 s. 5.\n\n","sortOrder":75},{"sectionNumber":"80","sectionType":"section","heading":"Registrar to be subject to direction and control of Minister","content":"\t80 Registrar to be subject to direction and control of Minister\n\nThe Registrar is subject to the direction and control of the Minister in carrying out any function under this Part or the regulations.\n\nDivision 3—Registration of rental housing agencies\n\nS. 81 inserted by No. 106/2004 s. 5.\n\n","sortOrder":76},{"sectionNumber":"81","sectionType":"section","heading":"Application for registration","content":"\t81 Application for registration\n\n(1) A rental housing agency may apply to the Registrar to be registered under this Part.\n\n(2) An application must be in the form approved by the Registrar.\n\n(3) An application must identify all land in which the rental housing agency has a legal or equitable interest.\n\n(4) An application must be accompanied by a copy of any existing agreement referred to in section 107(2) that relates to land of the rental housing agency.\n\n(5) An application must be accompanied by a copy of the constitution or rules of the rental housing agency.\n\n(6) An application must be accompanied by the following declarations by the rental housing agency—\n\n(a) a declaration that the rental housing agency has complied with the financial and other reporting requirements of the Act under which it is incorporated; and\n\n(b) a declaration that the rental housing agency has complied with any taxation reporting requirements of the Australian Taxation Office applicable to the agency; and\n\n(c) unless the Registrar has given an approval under section 82(1), a declaration that the rental housing agency does not act as a trustee for any person (other than a registered agency) in relation to any land or other assets; and\n\n(d) unless the Registrar has given an approval under section 82(2), a declaration that the rental housing agency is not a subsidiary of any body other than a registered agency.\n\n(7) A declaration under subsection (6) must be in a form approved by the Registrar.\n\n(8) An application must be accompanied by the relevant prescribed fee (if any).\n\nS. 82 inserted by No. 106/2004 s. 5.\n\n","sortOrder":77},{"sectionNumber":"82","sectionType":"section","heading":"Approval for other functions","content":"\t82 Approval for other functions\n\n(1) The Registrar may approve the registration of a rental housing agency that acts as trustee if the Registrar is satisfied that the role of trustee will not adversely affect the ability of the agency to comply with the prescribed registration criteria and the performance standards.\n\n(2) The Registrar may approve the registration of a rental housing agency that is a subsidiary of a body other than a registered agency if the Registrar is satisfied that its status as a subsidiary will not adversely affect the ability of the agency to comply with the prescribed registration criteria and the performance standards.\n\nS. 83 inserted by No. 106/2004 s. 5.\n\n","sortOrder":78},{"sectionNumber":"83","sectionType":"section","heading":"Further information","content":"\t83 Further information\n\n(1) The Registrar may require a rental housing agency to provide any further information that the Registrar considers appropriate to an application by that agency.\n\n(2) The Registrar may refuse an application for registration if the rental housing agency does not provide the further information required within a reasonable time after the requirement is made.\n\nS. 84 inserted by No. 106/2004 s. 5.\n\n","sortOrder":79},{"sectionNumber":"84","sectionType":"section","heading":"Registration","content":"\t84 Registration\n\nThe Registrar may register a rental housing agency if the Registrar is satisfied that—\n\n(a) the application complies with this Part; and\n\n(b) the relevant prescribed fee (if any) has been paid; and\n\n(c) having regard to the prescribed registration criteria and any other relevant matter, registration is appropriate.\n\nS. 85 inserted by No. 106/2004 s. 5.\n\n","sortOrder":80},{"sectionNumber":"85","sectionType":"section","heading":"Category of registration","content":"\t85 Category of registration\n\n(1) The Registrar may register a rental housing agency as a registered housing association or a registered housing provider.\n\n(2) The Registrar must have regard to the prescribed registration criteria in determining the category of registration appropriate for the rental housing agency.\n\nS. 86 inserted by No. 106/2004 s. 5.\n\n","sortOrder":81},{"sectionNumber":"86","sectionType":"section","heading":"Refusal of registration","content":"\t86 Refusal of registration\n\n(1) If the Registrar is not satisfied that the requirements for registration in section 84 have been met, the Registrar must refuse to register the rental housing agency.\n\n(2) The Registrar must give the rental housing agency a written statement of the reasons for the decision to refuse to register the rental housing agency under this Part.\n\n(3) A statement of reasons may be given personally or by post.\n\nS. 87 inserted by No. 106/2004 s. 5.\n\n","sortOrder":82},{"sectionNumber":"87","sectionType":"section","heading":"Change of category of registration","content":"\t87 Change of category of registration\n\n(1) The Registrar may change the category of registration of a registered agency if the circumstances of the registered agency change.\n\n(2) The Registrar must give written notice to a registered agency of any change in its category of registration under this Part.\n\n(3) The notice must include a written statement of the reasons for the decision to change the category of registration of the rental housing agency.\n\n(4) The notice may be given personally or by post.\n\nS. 88 inserted by No. 106/2004 s. 5.\n\n","sortOrder":83},{"sectionNumber":"88","sectionType":"section","heading":"Application for review","content":"\t88 Application for review\n\n(1) A rental housing agency may apply to VCAT for review of a decision by the Registrar to refuse to register it or to change its category of registration under this Part.\n\n(2) An application for review under this section must be made within 28 days after the day on which the statement of reasons is given under section 86 or the notice is given under section 87.\n\n","sortOrder":84},{"sectionNumber":"Div 4","sectionType":"division","heading":"Register of Housing Agencies","content":"Division 4—Register of Housing Agencies\n\nS. 89 inserted by No. 106/2004 s. 5.\n\n","sortOrder":85},{"sectionNumber":"89","sectionType":"section","heading":"Establishment of Register","content":"\t89 Establishment of Register\n\nThe Registrar must establish a Register of Housing Agencies.\n\nS. 90 inserted by No. 106/2004 s. 5.\n\n","sortOrder":86},{"sectionNumber":"90","sectionType":"section","heading":"What information is to be included in the Register?","content":"\t90 What information is to be included in the Register?\n\nThe Registrar must include in the Register of Housing Agencies in respect of each registered agency—\n\n(a) the relevant information required by Part 1 of Schedule 8; and\n\n(b) any other information that is prescribed for the purposes of this section.\n\nS. 91 inserted by No. 106/2004 s. 5, amended by No. 13/2022 s. 33.\n\n","sortOrder":87},{"sectionNumber":"91","sectionType":"section","heading":"Changes to information recorded in the Register","content":"\t91 Changes to information recorded in the Register\n\nA registered agency must notify the Registrar in writing within 28 days if there is any change to the information recorded in the Register of Housing Agencies in respect of the registered agency.\n\nS. 92 inserted by No. 106/2004 s. 5.\n\n","sortOrder":88},{"sectionNumber":"92","sectionType":"section","heading":"Searches of the Register","content":"\t92 Searches of the Register\n\n(1) The Registrar must make prescribed information in the Register of Housing Agencies available to any person on payment of the prescribed fee (if any).\n\n(2) The prescribed information is—\n\n(a) the information set out in Part 2 of Schedule 8; and\n\n(b) any other information that is prescribed for the purposes of this section.\n\n","sortOrder":89},{"sectionNumber":"Div 5","sectionType":"division","heading":"Duties and functions of registered agencies","content":"Division 5—Duties and functions of registered agencies\n\n","sortOrder":90},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Performance standards","content":"Subdivision 1—Performance standards\n\nS. 93 inserted by No. 106/2004 s. 5.\n\n","sortOrder":91},{"sectionNumber":"93","sectionType":"section","heading":"Performance standards","content":"\t93 Performance standards\n\n(1) The Minister may from time to time determine performance standards to be met by registered agencies.\n\n(2) The Minister may determine different performance standards for different categories of registered agencies.\n\n(3) The Minister must ensure that each performance standard is published in the Government Gazette.\n\n(4) A performance standard takes effect—\n\n(a) on the day that is 30 days after the day that the performance standard is published in the Government Gazette; or\n\n(b) if a later day is specified in the determination, on that later day.\n\n(5) The Minister may, by determination published in the Government Gazette, amend or revoke a performance standard.\n\n(6) A determination of an amendment or revocation of a performance standard takes effect—\n\n(a) on the day that is 30 days after the day that the determination is published in the Government Gazette; or\n\n(b) if a later day is specified in the determination, on that later day.\n\nS. 94 inserted by No. 106/2004 s. 5.\n\n","sortOrder":92},{"sectionNumber":"94","sectionType":"section","heading":"What can performance standards provide for?","content":"\t94 What can performance standards provide for?\n\nPerformance standards may be made in respect of any matter relating to the operation of registered agencies including, but not limited to—\n\n(a) governance of the agency;\n\n(b) management of the agency;\n\n(c) probity;\n\n(d) financial viability;\n\n(e) tenancy management;\n\n(f) housing management and maintenance;\n\n(g) allocation of housing;\n\n(h) affordability of rents;\n\n(i) risk management.\n\nS. 95 inserted by No. 106/2004 s. 5.\n\n","sortOrder":93},{"sectionNumber":"95","sectionType":"section","heading":"Registered agency to comply with performance standards","content":"\t95 Registered agency to comply with performance standards\n\nA registered agency must comply with the relevant performance standards applicable to that agency.\n\n","sortOrder":94},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Dispute resolution","content":"Subdivision 2—Dispute resolution\n\nS. 96 inserted by No. 106/2004 s. 5.\n\n","sortOrder":95},{"sectionNumber":"96","sectionType":"section","heading":"Application to complaints","content":"\t96 Application to complaints\n\n(1) This Subdivision applies to complaints by tenants or prospective tenants of a registered agency who are affected by decisions of the registered agency on matters relating to rental housing.\n\n(2) This Subdivision does not apply to a complaint that may be referred to VCAT under the **Residential Tenancies Act 1997**.\n\nS. 97 inserted by No. 106/2004 s. 5.\n\n","sortOrder":96},{"sectionNumber":"97","sectionType":"section","heading":"Registered agency to establish complaints procedure","content":"\t97 Registered agency to establish complaints procedure\n\n(1) A registered agency must establish a procedure for dealing with complaints by individuals who are tenants or prospective tenants of the registered agency who are affected by decisions of the registered agency on matters relating to rental housing.\n\n(2) A registered agency must take all reasonable steps to resolve a complaint referred to in subsection (1) within 30 days after the complaint is made to the registered agency.\n\n(3) A registered agency must—\n\n(a) maintain a register of complaints made to it; and\n\n(b) make that register available for inspection by the Registrar.\n\nS. 98 inserted by No. 106/2004 s. 5.\n\n","sortOrder":97},{"sectionNumber":"98","sectionType":"section","heading":"Referral of complaints to Registrar","content":"\t98 Referral of complaints to Registrar\n\n(1) An individual who is a tenant or prospective tenant of a registered agency and who has made a complaint to a registered agency may refer the complaint to the Registrar for investigation if the complaint is not resolved within 30 days after it is made.\n\n(2) The Registrar may refuse to investigate a complaint unless the complaint is referred to the Registrar within a reasonable time after the end of that 30 day period.\n\nS. 99 inserted by No. 106/2004 s. 5.\n\n","sortOrder":98},{"sectionNumber":"99","sectionType":"section","heading":"Investigation of complaint","content":"\t99 Investigation of complaint\n\n(1) The Registrar may appoint an employee of the Department to investigate the complaint.\n\n(2) A registered agency must co-operate with an investigation conducted in relation to it under this section.\n\n(3) Nothing in this section prevents the exercise by an inspector of any power under Division 7.\n\nS. 100 inserted by No. 106/2004 s. 5.\n\n","sortOrder":99},{"sectionNumber":"100","sectionType":"section","heading":"Direction of Registrar","content":"\t100 Direction of Registrar\n\n(1) If an investigation under this section upholds a complaint against a registered agency, the Registrar may in writing direct the registered agency to remedy the matter complained of or to take other action to reduce the likelihood of future complaints.\n\n(2) The direction may be given personally or by post.\n\n(3) A registered agency must comply with a direction of the Registrar under this section.\n\nS. 101 inserted by No. 106/2004 s. 5.\n\n","sortOrder":100},{"sectionNumber":"101","sectionType":"section","heading":"Application for review","content":"\t101 Application for review\n\n(1) A registered agency may apply to VCAT for review of a direction by the Registrar under section 100.\n\n(2) An application for review under this section must be made within 28 days after the day on which the direction is given under section 100.\n\n","sortOrder":101},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Changes to constitution, rules or functions of registered agency","content":"Subdivision 3—Changes to constitution, rules or functions of registered agency\n\nS. 102 inserted by No. 106/2004 s. 5.\n\n","sortOrder":102},{"sectionNumber":"102","sectionType":"section","heading":"Change to constitution or rules of agency","content":"\t102 Change to constitution or rules of agency\n\n(1) A registered agency must give at least 28 days' notice to the Registrar before making any change to its constitution or to its rules.\n\n(2) Subsection (1) does not apply to a change of a kind declared by the Registrar under this section to be a minor change.\n\n(3) The Registrar may, by notice published in the Government Gazette, declare changes of a specified kind or specified kinds to the constitutions and rules of registered agencies to be minor changes for the purposes of this section.\n\nS. 103 inserted by No. 106/2004 s. 5.\n\n","sortOrder":103},{"sectionNumber":"103","sectionType":"section","heading":"Approval of changes to functions of registered agency","content":"\t103 Approval of changes to functions of registered agency\n\n(1) The Registrar may approve a registered agency acting as trustee if the Registrar is satisfied that the role of trustee will not adversely affect the ability of the agency to—\n\n(a) comply with the prescribed registration criteria and the performance standards; or\n\n(b) carry out its function of providing affordable housing to people on low incomes.\n\n(2) The Registrar may approve a registered agency being a subsidiary of a body other than a registered agency if the Registrar is satisfied that its status as a subsidiary will not adversely affect the ability of the agency to—\n\n(a) comply with the prescribed registration criteria and the performance standards; or\n\n(b) carry out its function of providing affordable housing to people on low incomes.\n\n(3) An approval under this section must be in writing.\n\n","sortOrder":104},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Reports by registered agency","content":"Subdivision 4—Reports by registered agency\n\nS. 104 inserted by No. 106/2004 s. 5.\n\n","sortOrder":105},{"sectionNumber":"104","sectionType":"section","heading":"Reports by registered agency","content":"\t104 Reports by registered agency\n\n(1) A registered agency must provide reports on its operations to the Registrar—\n\n(a) annually in accordance with section 105; and\n\n(b) at any other time required by the Registrar.\n\n(2) A report must be in a form approved by the Registrar.\n\nS. 105 inserted by No. 106/2004 s. 5.\n\n","sortOrder":106},{"sectionNumber":"105","sectionType":"section","heading":"Annual reports","content":"\t105 Annual reports\n\n(1) The reports to be provided annually by a registered agency are—\n\n(a) a report setting out its performance against the relevant performance standards;\n\n(b) a report containing its financial statements and accounts in accordance with a direction under this section.\n\n(2) The Minister may give directions in relation to the contents of financial statements and accounts to be provided by registered agencies.\n\n(3) The Minister must cause a direction under this section to be published in the Government Gazette.\n\nS. 105(4) substituted by No. 13/2022 s. 34.\n\n(4) A report referred to in subsection (1)(a) must—\n\n(a) be certified by the board of directors of the registered agency; and\n\n(b) be provided to the Registrar by 31 October in each year.\n\nS. 105(5) inserted by No. 13/2022 s. 34.\n\n(5) A report referred to in subsection (1)(b) must be provided to the Registrar in each year not more than 14 days after the annual general meeting of the registered agency.\n\nS. 106 inserted by No. 106/2004 s. 5.\n\n","sortOrder":107},{"sectionNumber":"106","sectionType":"section","heading":"Declarations by registered agency","content":"\t106 Declarations by registered agency\n\n(1) A registered agency must make the following declarations to the Registrar annually—\n\n(a) a declaration that the registered agency has complied with the financial and other reporting requirements of the Act under which it is incorporated in the previous financial year; and\n\n(b) a declaration that the registered agency has complied with any taxation reporting requirements of the Australian Taxation Office applicable to the registered agency in the previous financial year; and\n\n(c) unless the Registrar has given an approval under section 82(1) or 103(1), a declaration that the registered agency is not a trustee for any person (other than a registered agency) in relation to any land or other assets; and\n\n(d) unless the Registrar has given an approval under section 82(2) or 103(2), a declaration that the registered agency is not a subsidiary of any body other than a registered agency.\n\nS. 106(2) amended by No. 13/2022 s. 35.\n\n(2) The declarations must be provided to the Registrar in each year not more than 14 days after the annual general meeting of the registered agency.\n\nPt 8 Div. 6 (Heading) amended by No. 40/2022 s. 38.\n\n","sortOrder":108},{"sectionNumber":"Div 6","sectionType":"division","heading":"Powers of Homes Victoria in relation to registered agency land","content":"Division 6—Powers of Homes Victoria in relation to registered agency land\n\nS. 107 (Heading) amended by No. 40/2022 s. 39(1).\n\nS. 107 inserted by No. 106/2004 s. 5.\n\n","sortOrder":109},{"sectionNumber":"107","sectionType":"section","heading":"Homes Victoria to have interest in certain registered agency land","content":"\t107 Homes Victoria to have interest in certain registered agency land\n\nS. 107(1) amended by No. 40/2022 s. 39(2).\n\n(1) Homes Victoria is deemed to have an interest in all land of a registered agency that is declared by notice published in the Government Gazette to be land to which this section applies.\n\nS. 107(2) amended by No. 40/2022 s. 39(3)(a).\n\n(2) Homes Victoria may publish a notice under subsection (1) in relation to land of a rental housing agency that is a registered agency if—\n\nS. 107(2)(a) amended by No. 40/2022 s. 39(3)(b).\n\n(a) Homes Victoria and the rental housing agency have agreed in writing (before or after the agency is registered under this Part) that this section should apply to the land because the land has been purchased or developed with funds provided by Homes Victoria; or\n\nS. 107(2)(b) amended by No. 40/2022 s. 39(3)(b).\n\n(b) the land was transferred to the rental housing agency by Homes Victoria (before or after the agency was registered under this Part).\n\nS. 108 (Heading) amended by No. 40/2022 s. 39(4).\n\nS. 108 inserted by No. 106/2004 s. 5.\n\n","sortOrder":110},{"sectionNumber":"108","sectionType":"section","heading":"Registered agency to notify Homes Victoria of acquisition","content":"\t108 Registered agency to notify Homes Victoria of acquisition\n\nS. 108(1) amended by No. 40/2022 s. 39(5).\n\n(1) A registered agency must give notice in writing to Homes Victoria—\n\n(a) within 14 days after acquiring any interest in land; and\n\nS. 108(1)(b) amended by No. 40/2022 s. 39(5).\n\n(b) without delay after the registered agency becomes aware that the owner of land, in which both the registered agency and Homes Victoria have an interest, intends to dispose of that land.\n\nS. 108(2) amended by No. 40/2022 s. 39(6).\n\n(2) A notice must be in a form approved by Homes Victoria.\n\nS. 109 (Heading) amended by No. 40/2022 s. 39(7).\n\nS. 109 inserted by No. 106/2004 s. 5.\n\n","sortOrder":111},{"sectionNumber":"109","sectionType":"section","heading":"Consent of Homes Victoria required to transfer interest in land","content":"\t109 Consent of Homes Victoria required to transfer interest in land\n\nS. 109(1) amended by No. 40/2022 s. 39(8).\n\n(1) A registered agency or former registered agency must not transfer, sell, lease, mortgage, charge or otherwise deal with land in which Homes Victoria has an interest under this Division unless Homes Victoria consents in writing to that transfer, sale, lease, mortgage, charge or other dealing.\n\n(2) This section does not apply to—\n\nS. 109(2)(a) amended by No. 45/2018 s. 375(2).\n\n(a) a residential rental agreement under the **Residential Tenancies Act 1997**; or\n\n(b) a dealing of a class declared by the Minister to be exempt.\n\n(3) A declaration under this section must be published in the Government Gazette.\n\n(4) A consent under subsection (1) must not be unreasonably withheld.\n\nS. 110 inserted by No. 106/2004 s. 5.\n\n","sortOrder":112},{"sectionNumber":"110","sectionType":"section","heading":"Interest may be recorded on title","content":"\t110 Interest may be recorded on title\n\nS. 110(1) amended by No. 40/2022 s. 39(9).\n\n(1) Homes Victoria may apply to the Registrar of Titles to record in the Register kept under the **Transfer of Land Act 1958** its interest under this Division in land.\n\n(2) On an application under subsection (1), the Registrar of Titles must make a recording of the interest in the Register.\n\nS. 110(3) amended by No. 40/2022 s. 39(10).\n\n(3) Homes Victoria may apply to the Registrar of Titles to cancel a recording made in the Register of an interest under this Division.\n\n(4) On an application under subsection (3), the Registrar of Titles must cancel the recording of the interest in the Register.\n\n(5) An application may be made under this section without production of the certificate of title.\n\nNote to s. 110(5) amended by No. 40/2022 s. 39(11).\n\nSection 76 of the **Transfer of Land Act 1958** requires creditors of a registered agency to serve notice on Homes Victoria as well as the registered agency in the event of a default affecting land of a registered agency in which Homes Victoria has an interest that is recorded on the Register under that Act.\n\nS. 111 (Heading) amended by No. 40/2022 s. 39(12).\n\nS. 111 inserted by No. 106/2004 s. 5, amended by No. 40/2022 s. 39(13).\n\n","sortOrder":113},{"sectionNumber":"111","sectionType":"section","heading":"Interest of Homes Victoria to remain even if agency ceases to be registered agency","content":"\t111 Interest of Homes Victoria to remain even if agency ceases to be registered agency\n\nIf a body ceases to be a registered agency, any interest that Homes Victoria held in land of the body immediately before it ceased to be a registered agency continues as if the body had continued to be a registered agency.\n\n","sortOrder":114},{"sectionNumber":"Div 7","sectionType":"division","heading":"Monitoring of registered agencies","content":"Division 7—Monitoring of registered agencies\n\nS. 112 inserted by No. 106/2004 s. 5.\n\n","sortOrder":115},{"sectionNumber":"112","sectionType":"section","heading":"Registrar of Housing Agencies is an inspector","content":"\t112 Registrar of Housing Agencies is an inspector\n\nThe Registrar of Housing Agencies is an inspector for the purposes of this Part.\n\nS. 113 inserted by No. 106/2004 s. 5.\n\n","sortOrder":116},{"sectionNumber":"113","sectionType":"section","heading":"Appointment of inspectors","content":"\t113 Appointment of inspectors\n\n(1) The Registrar may appoint persons to be inspectors for the purposes of this Part.\n\n(2) The appointment must be in writing and must specify the terms and conditions on which the person is appointed.\n\n(3) A person must not be appointed as an inspector under this section unless the person has completed appropriate training or qualifications as determined by the Registrar.\n\nS. 114 inserted by No. 106/2004 s. 5.\n\n","sortOrder":117},{"sectionNumber":"114","sectionType":"section","heading":"Inspector's identity card","content":"\t114 Inspector's identity card\n\n(1) The Registrar must issue an identity card to each inspector.\n\n(2) An identity card issued to an inspector must—\n\n(a) contain a photograph of the inspector to whom it is issued; and\n\n(b) state the full name of the person; and\n\n(c) state that the person is an inspector for the purposes of this Part.\n\nS. 115 inserted by No. 106/2004 s. 5.\n\n","sortOrder":118},{"sectionNumber":"115","sectionType":"section","heading":"Production of identity card","content":"\t115 Production of identity card\n\nAn inspector must produce his or her identity card for inspection—\n\n(a) before exercising a power under this Division other than a requirement made by post; and\n\n(b) at any time during the exercise of a power under this Division, if asked to do so.\n\nS. 116 inserted by No. 106/2004 s. 5.\n\n","sortOrder":119},{"sectionNumber":"116","sectionType":"section","heading":"Inspectors may require certain persons to appear, answer questions and produce documents","content":"\t116 Inspectors may require certain persons to appear, answer questions and produce documents\n\nS. 116(1) amended by No. 75/2016 s. 6.\n\n(1) For the purpose of ascertaining whether the provisions of this Part, Part VIIIA, the regulations under this Part or Part VIIIA or the performance standards have been complied with, an inspector may by notice in a form approved by the Registrar—\n\n(a) require a registered agency to produce to the inspector, at a time and place specified in the notice, specified relevant documents relating to the registered agency; and\n\n(b) require any person who is involved in the activities of a registered agency to produce to the inspector, at a time and place specified in the notice, specified relevant documents relating to the registered agency; and\n\n(c) require any person who is involved in the activities of a registered agency—\n\n(i) to attend before the inspector at a time and place specified in the notice; and\n\n(ii) to answer any questions put to the person by the inspector relating to the promotion, formation, membership, control, transactions, dealings, business or property of the registered agency.\n\n(2) A person is to be considered to be involved in the activities of a registered agency if the person—\n\n(a) is or has been a member of the governing body of the registered agency, an officer or employee of the registered agency or an agent, banker, legal practitioner, auditor, accountant, book-keeper or other person acting in any capacity for, or on behalf of, the registered agency (including a registered agency that is in the course of being wound up or has had its incorporation cancelled); or\n\n(b) is a person who has any relevant documents relating to the registered agency in his or her possession or control; or\n\n(c) is a person who was a party to the creation of any relevant documents relating to the registered agency.\n\n(3) A person is not subject to any liability by reason of complying with a requirement made or purportedly made under this section.\n\nS. 117 inserted by No. 106/2004 s. 5.\n\n","sortOrder":120},{"sectionNumber":"117","sectionType":"section","heading":"Inspector's powers of entry","content":"\t117 Inspector's powers of entry\n\n(1) An inspector may enter any place (other than a residence) and may search for and seize any relevant documents or anything that the inspector believes on reasonable grounds to be connected with a failure to comply with this Part, the regulations under this Part or the performance standards that is found on or in the place, if the entry, search and seizure are made—\n\n(a) with the consent of the occupier after the inspector has—\n\n(i) informed the occupier of the purpose of the search; and\n\n(ii) informed the occupier that anything seized during the search may be used by the Registrar in carrying out its powers and duties under this Part or in evidence in a court or before VCAT; and\n\n(iii) informed the occupier that the occupier may refuse to give consent to the entry and search; and\n\n(iv) produced his or her identity card for inspection; or\n\n(b) in accordance with a warrant issued under section 118.\n\n(2) If an occupier consents to an entry and search, the inspector who requested consent must ask the occupier to sign an acknowledgment stating—\n\n(a) that the occupier has been informed of the purpose of the search and that anything seized during the search may be used by the Registrar in carrying out its powers and duties under this Part or in evidence in a court or before VCAT; and\n\n(b) that the occupier has been informed that he or she may refuse to give consent to the entry and search; and\n\n(c) that the occupier has consented to such an entry and search; and\n\n(d) the date and time that the occupier consented.\n\n(3) An occupier who signs an acknowledgment must be given a copy of the signed acknowledgment immediately.\n\n(4) If, in any proceeding, an acknowledgment is not produced to the court or VCAT, it must be presumed, until the contrary is proved, that the occupier did not consent to an entry and search.\n\nS. 118 inserted by No. 106/2004 s. 5.\n\n","sortOrder":121},{"sectionNumber":"118","sectionType":"section","heading":"Search warrant","content":"\t118 Search warrant\n\n(1) An inspector may apply to a magistrate for the issue of a search warrant in relation to a particular place if—\n\n(a) a registered agency or person does not comply with a requirement of an inspector under section 116 within the time specified in the notice; or\n\n(b) there are reasonable grounds for suspecting that there may be at that place any document or thing that may be evidence of a failure by a registered agency to comply with this Part or the regulations under this Part or the performance standards.\n\nS. 118(2) amended by No. 6/2018 s. 68(Sch. 2 item 67).\n\n(2) The magistrate may issue the search warrant if the magistrate is satisfied by the evidence on oath or by affirmation or by affidavit, of an inspector that there are reasonable grounds for suspecting that there is, or may be within the next 28 days, at that place—\n\n(a) a relevant document; or\n\n(b) a document or thing that may be evidence of a failure by the registered agency to comply with this Part or the regulations under this Part or the performance standards.\n\n(3) A search warrant under this section authorises the inspector named in the warrant and any assistants the inspector considers necessary—\n\n(a) to enter the place specified in the warrant, if necessary by force; and\n\n(b) to search for and seize—\n\n(i) a relevant document named or described in the warrant; or\n\n(ii) a document or thing named or described in the warrant and which the inspector believes on reasonable grounds to be connected with a failure by the registered agency to comply with this Part, the regulations under this Part or the performance standards.\n\n(4) A search warrant issued under this section must state—\n\n(a) the purpose for which the search is required and the nature of the non-compliance suspected; and\n\n(b) any conditions to which the warrant is subject; and\n\n(c) whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and\n\n(d) a day, not being later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.\n\n(5) A search warrant must be issued in accordance with the **Magistrates' Court Act 1989**.\n\n(6) Except as provided by this Part, the rules to be observed with respect to search warrants mentioned in the **Magistrates' Court Act 1989** extend and apply to warrants under this section.\n\nS. 119 inserted by No. 106/2004 s. 5.\n\n","sortOrder":122},{"sectionNumber":"119","sectionType":"section","heading":"Announcement before entry","content":"\t119 Announcement before entry\n\n(1) On executing a search warrant, the inspector executing the warrant must announce that he or she is authorised by the warrant to enter the place and, if the inspector has been unable to obtain unforced entry, must give any person at the place an opportunity to allow entry to the place.\n\n(2) An inspector need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the place is required to ensure the safety of any person or that the effective execution of the search warrant is not frustrated.\n\nS. 120 inserted by No. 106/2004 s. 5.\n\n","sortOrder":123},{"sectionNumber":"120","sectionType":"section","heading":"Details of warrant to be given to occupier","content":"\t120 Details of warrant to be given to occupier\n\nIf the occupier or another person who apparently represents the occupier is present at premises where a search warrant is being executed, the inspector must—\n\n(a) identify himself or herself to that person; and\n\n(b) give to the person a copy of the warrant.\n\nS. 121 inserted by No. 106/2004 s. 5.\n\n","sortOrder":124},{"sectionNumber":"121","sectionType":"section","heading":"Seizure of documents or things not mentioned in the warrant","content":"\t121 Seizure of documents or things not mentioned in the warrant\n\nIf, in the course of executing a search warrant, an inspector finds a document or thing that he or she believes on reasonable grounds to be—\n\n(a) connected with the failure to comply with this Part, the regulations under this Part or the performance standards, although not the document or thing named or described in the warrant; or\n\n(b) connected with another failure by the registered agency to comply with this Part, the regulations under this Part or the performance standards—\n\nand the inspector believes, on reasonable grounds, that it is necessary to seize that document or thing in order to prevent its concealment, loss or destruction, the warrant is deemed to authorise the inspector to seize the document or thing.\n\nS. 122 inserted by No. 106/2004 s. 5.\n\n","sortOrder":125},{"sectionNumber":"122","sectionType":"section","heading":"Power of inspector to require information or documents","content":"\t122 Power of inspector to require information or documents\n\nAn inspector who exercises a power of entry under this Division and produces his or her identity card for inspection by a person may, to the extent that it is reasonably necessary to determine compliance with this Part, the regulations under this Part or the performance standards require the person—\n\n(a) to give information to the inspector, orally or in writing; and\n\n(b) to produce documents to the inspector; and\n\n(c) to give reasonable assistance to the inspector.\n\nS. 123 inserted by No. 106/2004 s. 5.\n\n","sortOrder":126},{"sectionNumber":"123","sectionType":"section","heading":"Functions of inspectors in relation to relevant documents","content":"\t123 Functions of inspectors in relation to relevant documents\n\n(1) An inspector has the following powers in relation to relevant documents produced to the inspector pursuant to a requirement made under this Division—\n\n(a) power to take possession of the documents or secure them against interference;\n\n(b) power to make copies, or take extracts from, the documents;\n\n(c) power to require any person who was party to the creation of the documents to make a statement providing any explanation that the person is able to provide as to any matter relating to the creation of the documents or as to any matter to which the documents relate;\n\n(d) power to retain possession of the documents for such reasonable period as is necessary to enable the documents to be inspected, and copies of, or extracts from, the documents to be made or taken.\n\n(2) While an inspector retains possession of a document, the inspector must permit a person who would be entitled to inspect the document were it not in the possession of the inspector to inspect the document at any reasonable time and make a copy of, or take extracts from, the document.\n\n(3) If an inspector takes possession of or secures against interference any relevant document and a person has a lien on the document, the inspector's actions do not prejudice the lien.\n\n(4) An inspector must not take possession of a document apparently in the possession or custody of a person unless the inspector makes out and tenders to the person a written receipt—\n\n(a) identifying the document; and\n\n(b) stating the name of the inspector and the reason why the document is being seized.\n\nS. 124 inserted by No. 106/2004 s. 5.\n\n","sortOrder":127},{"sectionNumber":"124","sectionType":"section","heading":"Offence—failing to comply with requirements of inspector","content":"\t124 Offence—failing to comply with requirements of inspector\n\n(1) A person must not refuse or fail, without reasonable excuse, to comply with a requirement of an inspector under this Division to produce relevant documents or to give reasonable assistance to the inspector.\n\n(2) A person must not—\n\n(a) give information to an inspector that the person knows to be false or misleading in a material particular; or\n\n(b) produce a document that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information.\n\n(3) A person must not without reasonable excuse obstruct or hinder an inspector exercising functions under this Division.\n\nS. 125 inserted by No. 106/2004 s. 5.\n\n","sortOrder":128},{"sectionNumber":"125","sectionType":"section","heading":"Protection from incrimination","content":"\t125 Protection from incrimination\n\nA person may refuse or fail to give information, produce a document or do any other thing that the person is required to do by or under this Division if the giving of the information, the production of the document or the doing of that other thing would tend to incriminate the person.\n\nS. 126 inserted by No. 106/2004 s. 5.\n\n","sortOrder":129},{"sectionNumber":"126","sectionType":"section","heading":"Privilege","content":"\t126 Privilege\n\n(1) A legal practitioner is entitled to refuse to comply with a requirement under section 116 or 122 relating to a relevant document if—\n\n(a) the document contains a privileged communication made by or on behalf of or to the legal practitioner in his or her capacity as a legal practitioner; or\n\n(b) the legal practitioner is not able to comply with the requirement without disclosing a privileged communication made by or on behalf of or to the legal practitioner in his or her capacity as a legal practitioner.\n\n(2) The legal practitioner is not entitled to refuse to comply with the requirement to the extent that he or she is able to comply with it without disclosing the privileged communication.\n\n(3) The legal practitioner is also not entitled to refuse to comply with the requirement if the person by or on behalf of whom the communication was made or (if the person is a registered agency in the course of being wound up) the liquidator agrees to the legal practitioner complying with the requirement.\n\n(4) If the legal practitioner refuses to comply with the requirement, he or she must immediately furnish in writing to the Registrar—\n\n(a) the name and address of the person to whom or by or on behalf of whom the communication was made (if known to the legal practitioner); and\n\n(b) sufficient particulars to identify the document containing the communication (if the communication was made in writing).\n\nS. 127 inserted by No. 106/2004 s. 5.\n\n","sortOrder":130},{"sectionNumber":"127","sectionType":"section","heading":"Report on investigation","content":"\t127 Report on investigation\n\nAs soon as practicable after completing an investigation under this Division, an inspector must give a written report on the result of the investigation to the Registrar.\n\nS. 128 inserted by No. 106/2004 s. 5.\n\n","sortOrder":131},{"sectionNumber":"128","sectionType":"section","heading":"Secrecy","content":"\t128 Secrecy\n\n(1) An inspector must not disclose information acquired in the course of an investigation under this Division except—\n\n(a) for the purpose of conducting the investigation and making a report of the investigation; or\n\n(b) as permitted by subsection (2); or\n\n(c) for the purpose of any proceedings under this Part; or\n\n(d) with the consent of the person to whom the information relates.\n\n(2) An inspector may disclose information acquired in the course of an investigation—\n\n(a) to the Registrar, for any purpose related to the duties of the Registrar under this Part; or\n\nS. 128(2)(b) amended by No. 37/2014 s. 10(Sch. item 81.2).\n\n(b) to a police officer, if the inspector reasonably suspects that an offence has been committed; or\n\n(c) to a court or to VCAT; or\n\n(d) to a person appointed as the liquidator of the registered agency.\n\n","sortOrder":132},{"sectionNumber":"Div 8","sectionType":"division","heading":"Powers of Registrar","content":"Division 8—Powers of Registrar\n\nS. 129 inserted by No. 106/2004 s. 5.\n\n","sortOrder":133},{"sectionNumber":"129","sectionType":"section","heading":"Displacement of other laws","content":"\t129 Displacement of other laws\n\n(1) Sections 131, 132, 133 and 134 are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 2B and Chapter 5 of that Act and the provisions of that Act set out in the table in section 141 of that Act.\n\nSection 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency.\n\nS. 129(2) amended by Nos 20/2012 s. 226(Sch. 5 item 16(2)), 9/2013 s. 42(Sch. 2 item 11(3)).\n\n(2) This Division applies despite anything to the contrary in the Co‑operatives National Law (Victoria) and the **Associations Incorporation Reform Act 2012**.\n\nS. 130 inserted by No. 106/2004 s. 5.\n\n","sortOrder":134},{"sectionNumber":"130","sectionType":"section","heading":"When powers of Registrar may be exercised","content":"\t130 When powers of Registrar may be exercised\n\n(1) The Registrar may exercise a power under this Division in relation to a registered agency if—\n\n(a) there has been a failure by the registered agency to meet the prescribed registration criteria or the performance standards; or\n\n(b) the registered agency fails to comply with a requirement or direction under section 91, 100, 104, 106, 108 or 109; or\n\nS. 130(1)(ba) inserted by No. 75/2016 s. 7, amended by No. 40/2022 s. 40(1).\n\n(ba) in the case of a registered agency that is  \na participating registered agency, an authorised person employed or engaged by the participating registered agency fails to perform functions or exercise powers in relation to the Victorian Housing Register  \nin accordance with a determination of Homes Victoria under section 142E(1); or\n\nS. 130(1)(bb) inserted by No. 75/2016 s. 7.\n\n(bb) a relevant person referred to in paragraph (b) or (c) of the definition of ***relevant person*** in section 142I collects, uses or discloses relevant information for a purpose not referred to in section 142J; or\n\n(c) as a result of a change to the constitution or rules of the registered agency or the business activities carried on by the registered agency the Registrar believes that the ability of the agency—\n\n(i) to comply with the prescribed registration criteria and the performance standards; or\n\n(ii) to carry out its function of providing affordable housing to people on low incomes—\n\nis, or will be, adversely affected; or\n\n(d) the registered agency fails to make an appointment to its governing body, in accordance with a recommendation of the Registrar under section 131, within 28 days after the recommendation is made.\n\n(2) The Registrar must not exercise a power under this Division unless the Registrar is satisfied that the exercise of the power—\n\n(a) is appropriate in the circumstances; and\n\n(b) accords with any guidelines established under subsection (3).\n\n(3) The Minister may establish guidelines for the exercise of the Registrar's powers under this Division.\n\n(4) Guidelines established under subsection (3) must be published in the Government Gazette.\n\n(5) The Registrar must make a copy of the current guidelines available to each registered agency.\n\nS. 131 inserted by No. 106/2004 s. 5.\n\n","sortOrder":135},{"sectionNumber":"131","sectionType":"section","heading":"Registrar may recommend appointments to governing body of registered agency","content":"\t131 Registrar may recommend appointments to governing body of registered agency\n\n(1) The Registrar, after consultation with the governing body of a registered agency and after considering any nominations made by that governing body, may recommend the appointment of one or more persons, whom the Registrar considers to be appropriately qualified, to that governing body.\n\n(2) The governing body of the registered agency may make an appointment recommended under subsection (1).\n\n(3) An appointment made under this section has effect as if it had been made in accordance with the constitution or rules of the registered agency.\n\n(4) A person may be appointed under this section in place of an existing member of the governing body or in addition to the existing members of the governing body of the registered agency.\n\n(5) This section applies despite anything to the contrary in the constitution or rules of the registered agency.\n\nS. 132 inserted by No. 106/2004 s. 5.\n\n","sortOrder":136},{"sectionNumber":"132","sectionType":"section","heading":"Registrar may give instructions to registered agency","content":"\t132 Registrar may give instructions to registered agency\n\n(1) The Registrar may give instructions to a registered agency or the members of the governing body of a registered agency.\n\n(2) The instructions may relate to—\n\n(a) the entering by the registered agency into arrangements that the Registrar considers appropriate with one or more other registered agencies;\n\n(b) the appointment of one or more persons, whom the Registrar considers to be appropriately qualified, to the governing body of the registered agency;\n\nS. 132(2)(ba) inserted by No. 75/2016 s. 8.\n\n(ba) the provision of information or the production of documents to the Registrar in relation to the performance of functions by the registered agency for the purposes of the Victorian Housing Register;\n\n(c) the appointment of an administrator to control and direct the registered agency;\n\n(d) the winding up and distribution of the assets of the registered agency;\n\n(e) any other matter relating to the registered agency that the Registrar thinks fit.\n\n(3) The arrangements under subsection (2)(a) may include, but are not limited to, the following—\n\nS. 132(3)(a) amended by No. 40/2022 s. 40(2).\n\n(a) a transfer to one or more registered agencies of some or all of the land of a registered agency in which Homes Victoria has an interest;\n\n(b) a merger of one or more registered agencies.\n\n(4) The instructions may specify—\n\n(a) the time within which a matter referred to in subsection (2) must be complied with; and\n\n(b) conditions to which that matter is subject, including a requirement for prior approval of the Registrar.\n\n(5) In giving an instruction or an approval under this section, the Registrar must have regard to the interests of the tenants of the registered agency.\n\n(6) The Registrar must take all reasonable steps to consult with the relevant regulatory body before giving any instruction or approval under this section.\n\n(7) The Registrar may consult with the creditors of a registered agency before giving any instruction or approval under this section.\n\n(8) A registered agency must comply with an instruction to it under this section.\n\n(9) A member of the governing body of a registered agency must comply with an instruction to the members of the governing body under this section.\n\n(10) Sections 131(3), 131(4) and 131(5) apply to an appointment made on an instruction under subsection (2)(b) as if it were made on a recommendation under section 131.\n\n(11) Nothing in this section prevents the Registrar from giving more than one set of instructions to a registered agency in relation to the same matter.\n\n(12) In this section—\n\n***merger*** includes amalgamation;\n\nS. 132(12) def. of *relevant regulatory body* amended by Nos 20/2012 s. 226(Sch. 5 item 16(3)), 9/2013 s. 42(Sch. 2 item 11(4)).\n\n***relevant regulatory body*** means—\n\n(a) in the case of a registered agency that is an incorporated association, the Registrar of Incorporated Associations under the **Associations Incorporation Reform Act 2012**;\n\n(b) in the case of a registered agency that is a co-operative, the Registrar of Co‑operatives established under the Co‑operatives National Law (Victoria);\n\n(c) in the case of a registered agency that is a corporation, the Australian Securities and Investment Commission.\n\nS. 133 inserted by No. 106/2004 s. 5.\n\n","sortOrder":137},{"sectionNumber":"133","sectionType":"section","heading":"Duties of administrator","content":"\t133 Duties of administrator\n\nIf an administrator is appointed to control and direct the affairs of a registered agency, the administrator—\n\n(a) must consult with the Registrar in carrying out his or her duties and functions; and\n\n(b) must have regard to the interests of tenants of the registered agency.\n\nS. 134 inserted by No. 106/2004 s. 5.\n\n","sortOrder":138},{"sectionNumber":"134","sectionType":"section","heading":"Agency to notify Registrar of intention to wind up","content":"\t134 Agency to notify Registrar of intention to wind up\n\n(1) Subject to subsection (2), a registered agency must give at least 28 days' written notice to the Registrar before commencing any proceedings to wind up the registered agency.\n\n(2) A registered agency must give notice to the Registrar immediately on becoming aware of the existence of any circumstance giving rise to an obligation on the registered agency under a law of a State or Territory or of the Commonwealth to commence winding up proceedings.\n\n(3) A registered agency must give the Registrar written notice without delay after becoming aware of the commencement of proceedings by any other person to wind up the registered agency.\n\nS. 135 inserted by No. 106/2004 s. 5.\n\n","sortOrder":139},{"sectionNumber":"135","sectionType":"section","heading":"Registrar may indemnify certain persons","content":"\t135 Registrar may indemnify certain persons\n\n(1) The Registrar, with the approval of the Minister and the Treasurer, may provide an indemnity in favour of any person appointed to the governing body of a registered agency under section 131 or 132 against any claim or proceeding arising against them for anything done in good faith in the performance of their duties as a member of the governing body.\n\n(2) An indemnity provided by the Registrar under subsection (1) is subject to any terms and conditions that the Registrar thinks appropriate.\n\n(3) Any amounts that from time to time become due and payable under an indemnity authorised by this section shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly).\n\nS. 136 inserted by No. 106/2004 s. 5.\n\n","sortOrder":140},{"sectionNumber":"136","sectionType":"section","heading":"Registrar may provide financial accommodation to registered agency","content":"\t136 Registrar may provide financial accommodation to registered agency\n\n(1) If the Registrar exercises any power under section 131 or 132 in relation to a registered agency, the Registrar may, with the approval of the Minister and the Treasurer, provide financial accommodation or arrange for the provision of financial accommodation to a registered agency for any purpose associated with the exercise of that power.\n\n(2) In this section ***financial accommodation*** includes loan, grant, guarantee and waiver of payment of money.\n\nS. 137 inserted by No. 106/2004 s. 5.\n\n","sortOrder":141},{"sectionNumber":"137","sectionType":"section","heading":"Financial powers of Registrar","content":"\t137 Financial powers of Registrar\n\nFor the purposes of this Division, the Registrar has the powers conferred on it by the **Borrowing and Investment Powers Act 1987**.\n\nS. 138 inserted by No. 106/2004 s. 5.\n\n","sortOrder":142},{"sectionNumber":"138","sectionType":"section","heading":"Delegation by Registrar","content":"\t138 Delegation by Registrar\n\nThe Registrar may delegate to any employee of the Department or to an inspector any power of the Registrar under this Division except this power of delegation.\n\nS. 139 inserted by No. 106/2004 s. 5.\n\n","sortOrder":143},{"sectionNumber":"139","sectionType":"section","heading":"Application for review","content":"\t139 Application for review\n\n(1) A registered agency or any member of the governing body of a registered agency may apply to VCAT for the review of—\n\n(a) an instruction given by the Registrar under this Division;\n\n(b) a decision by the Registrar to give or not to give an approval under this Division;\n\n(c) a recommendation by the Registrar under section 131.\n\n(2) An application must be made within 28 days after the instruction, recommendation or notice of the decision is given to the registered agency.\n\nS. 140 inserted by No. 106/2004 s. 5.\n\n","sortOrder":144},{"sectionNumber":"140","sectionType":"section","heading":"Application for enforcement","content":"\t140 Application for enforcement\n\nIf a registered agency or other person fails to comply with an instruction of the Registrar under section 132, the Registrar may apply to the Supreme Court for an Order requiring the agency or person to comply with that instruction within the time specified in the Order.\n\n","sortOrder":145},{"sectionNumber":"Div 9","sectionType":"division","heading":"Revocation of registration","content":"Division 9—Revocation of registration\n\nS. 141 inserted by No. 106/2004 s. 5.\n\n","sortOrder":146},{"sectionNumber":"141","sectionType":"section","heading":"Revocation of registration","content":"\t141 Revocation of registration\n\n(1) The Registrar may revoke the registration of a registered agency under this Part if the Registrar is satisfied on reasonable grounds that—\n\n(a) the registered agency has failed to meet one or more performance standards applicable to the registered agency; or\n\n(b) the registered agency has failed to meet one or more of the prescribed registration criteria relevant to the registered agency; or\n\n(c) the registered agency has failed to comply with section 91; or\n\n(d) the registered agency has failed to comply with a lawful direction or instruction of the Registrar under this Part; or\n\n(e) the registered agency has ceased to operate as a rental housing agency; or\n\n(f) the registered agency is unable to pay its debts or to continue carrying on its business.\n\n(2) The Registrar may revoke the registration of a registered agency under this Part on the written request of the registered agency.\n\n(3) The Registrar must give the registered agency at least 14 days' written notice and the opportunity to be heard before revoking its registration under this Part.\n\n(4) The Registrar must give the registered agency a written statement of reasons for a decision by the Registrar under subsection (1) to revoke its registration.\n\n(5) A statement of reasons may be given personally or by post.\n\n(6) The Registrar must cause a decision by the Registrar to revoke the registration of a registered agency to be published in the Government Gazette.\n\nS. 142 inserted by No. 106/2004 s. 5.\n\n","sortOrder":147},{"sectionNumber":"142","sectionType":"section","heading":"Application for review","content":"\t142 Application for review\n\n(1) A body may apply to VCAT for review of a decision by the Registrar under section 141(1) to revoke the registration of the body as a registered agency.\n\n(2) An application for review under this section must be made within 28 days after the day on which the statement of reasons is given under section 141.\n\nPt 8A (Headings and ss 142A–142J) inserted by No. 75/2016 s. 5.\n\nPart VIIIA—Social housing\n\nDivision 1—Victorian Housing Register\n\nS. 142A inserted by No. 75/2016 s. 5.\n\n","sortOrder":148},{"sectionNumber":"142A","sectionType":"section","heading":"Establishment of Victorian Housing Register","content":"\t142A Establishment of Victorian Housing Register\n\nS. 142A(1) amended by No. 40/2022 s. 41(1).\n\n(1) Homes Victoria must establish and administer a register of applicants for tenancies in social housing to be known as the Victorian Housing Register.\n\n(2) The purpose of the Victorian Housing Register is to facilitate the appropriate allocation of tenancies in social housing, having regard to—\n\n(a) the relative housing needs of eligible applicants; and\n\n(b) the health, safety and support needs  \nof eligible applicants; and\n\n(c) the availability of social housing.\n\nS. 142B inserted by No. 75/2016 s. 5, amended by No. 40/2022 s. 41(2).\n\n","sortOrder":149},{"sectionNumber":"142B","sectionType":"section","heading":"Form of Victorian Housing Register","content":"\t142B Form of Victorian Housing Register\n\nHomes Victoria may keep the Victorian Housing Register in any form that Homes Victoria considers appropriate, including in the form of a database (whether in computerised or other form and however described).\n\nS. 142C inserted by No. 75/2016 s. 5.\n\n","sortOrder":150},{"sectionNumber":"142C","sectionType":"section","heading":"What information is to be included in the Victorian Housing Register?","content":"\t142C What information is to be included in the Victorian Housing Register?\n\n(1) The Victorian Housing Register may include the following information*—*\n\n(a) the personal details of an applicant;\n\n(b) the priority category determined to apply to an eligible applicant;\n\n(c) the personal details of a household member of an applicant;\n\n(d) the full name and contact details of a person nominated by an applicant, if any;\n\n(e) any other information that is relevant to an application for a tenancy in social housing;\n\nS. 142C(1)(f) amended by No. 40/2022 s. 41(3).\n\n(f) any other information that Homes Victoria considers appropriate to include in the Victorian Housing Register.\n\n(2) In this section—\n\nS. 142C(2) def. of *personal details* amended by No. 13/2019 s. 221(Sch. 1 item 21).\n\n***personal details***, of an applicant, or of a household member of an applicant, includes the following—\n\n(a) the individual's full name and contact details;\n\n(b) the individual's date of birth and gender;\n\n(c) the full name and contact details of the individual's guardian (within the meaning of section 3(1) of the **Guardianship and Administration Act 2019**), if any;\n\n(d) the health, safety and support needs of the individual, including health information that is relevant to the individual's housing requirements;\n\n(e) sensitive information that is relevant to the individual's housing requirements;\n\n(f) any unique identifier assigned to the individual;\n\n(g) any other information relating to an assessment of the individual's housing requirements.\n\nS. 142D inserted by No. 75/2016 s. 5, amended by No. 40/2022 s. 41(4).\n\n","sortOrder":151},{"sectionNumber":"142D","sectionType":"section","heading":"Changes to information recorded in the Victorian Housing Register","content":"\t142D Changes to information recorded in the Victorian Housing Register\n\nFor the purposes of maintaining the accuracy of information in the Victorian Housing Register or complying with the requirements of this Act or any other Act, Homes Victoria or an authorised person may enter, review, amend or remove any information in the Victorian Housing Register relating to an applicant or to a household member of an applicant.\n\nS. 142E (Heading) amended by No. 40/2022 s. 41(5).\n\nS. 142E inserted by No. 75/2016 s. 5.\n\n","sortOrder":152},{"sectionNumber":"142E","sectionType":"section","heading":"Determinations made by Homes Victoria","content":"\t142E Determinations made by Homes Victoria\n\nS. 142E(1) amended by No. 40/2022 s. 41(6)(a).\n\n(1) Homes Victoria may determine any of the following for the purposes of allocating tenancies in social housing to applicants on the Victorian Housing Register—\n\n(a) eligibility criteria that must be met by an applicant to be eligible for a tenancy in social housing;\n\n(b) priority categories for the purposes of identifying the relative needs of eligible applicants for social housing;\n\n(c) priority criteria that must be met by an eligible applicant for a particular priority category to apply to that eligible applicant;\n\nS. 142E(1)(d) amended by No. 40/2022 s. 41(6)(b).\n\n(d) any other general matter to which Homes Victoria and authorised persons must have regard when performing functions or exercising powers in relation to the Victorian Housing Register.\n\nS. 142E(2) amended by No. 40/2022 s. 41(7).\n\n(2) Homes Victoria must ensure that any determination made under subsection (1) is published in the Government Gazette.\n\nS. 142E(3) amended by No. 40/2022 s. 41(8).\n\n(3) Homes Victoria or an authorised person (as the case may be) must take into account determinations made under subsection (1) when determining any of the following—\n\n(a) whether an applicant is an eligible applicant;\n\n(b) which priority category applies to an eligible applicant;\n\n(c) whether to allocate a tenancy in social housing to an eligible applicant.\n\nS. 142F inserted by No. 75/2016 s. 5.\n\n","sortOrder":153},{"sectionNumber":"142F","sectionType":"section","heading":"What is a *participating designated service provider* or *participating registered agency*?","content":"\t142F What is a *participating designated service provider* or *participating registered agency*?\n\nS. 142F(1) amended by No. 40/2022 s. 41(9).\n\n(1) A designated service provider or registered agency may apply in writing to Homes Victoria to be declared a participating designated service provider or participating registered agency  \n(as the case may be) for the purposes of this Part.\n\nS. 142F(2) amended by No. 40/2022 s. 41(10).\n\n(2) Homes Victoria may declare—\n\n(a) a designated service provider to be a participating designated service provider; or\n\n(b) a registered agency to be a participating registered agency.\n\nS. 142F(3) amended by No. 40/2022 s. 41(11)(a).\n\n(3) Homes Victoria may revoke a declaration made under subsection (2)—\n\n(a) on the written request of a participating designated service provider or a participating registered agency; or\n\nS. 142F(3)(b) amended by No. 40/2022 s. 41(11)(b).\n\n(b) on Homes Victoria's own motion.\n\nS. 142F(4) amended by No. 40/2022 s. 41(12).\n\n(4) Homes Victoria must publish on the Department's Internet site a list containing the name of each participating designated service provider and each participating registered agency.\n\nS. 142G inserted by No. 75/2016 s. 5.\n\n","sortOrder":154},{"sectionNumber":"142G","sectionType":"section","heading":"Authorisation to access the Victorian Housing Register","content":"\t142G Authorisation to access the Victorian Housing Register\n\nS. 142G(1) amended by No. 40/2022 s. 41(13).\n\n(1) A person employed or engaged by a participating designated service provider or by a participating registered agency may apply in writing to Homes Victoria for authorisation to access the Victorian Housing Register.\n\nS. 142G(2) amended by No. 40/2022 s. 41(14).\n\n(2) Homes Victoria may authorise in writing a person, or class of person, employed or engaged by a participating designated service provider or by a participating registered agency to access the Victorian Housing Register for the purposes referred to in section 142H.\n\nS. 142G(3) amended by No. 40/2022 s. 41(15).\n\n(3) An authorisation under this section is subject to any condition or limitation that Homes Victoria considers appropriate.\n\nS. 142G(4) amended by No. 40/2022 s. 41(16).\n\n(4) In determining whether to authorise a person, or class of person, under this section, Homes Victoria must have regard to the prescribed access criteria, if any.\n\nS. 142G(5) amended by No. 40/2022 s. 41(17).\n\n(5) Homes Victoria may revoke the authorisation of a person, or class of person, under this section for any reason, including if Homes Victoria is satisfied that the person, or a person belonging to the class of person—\n\n(a) has accessed the Victorian Housing Register for a purpose not referred to in section 142H; or\n\n(b) has used information which was accessed from the Victorian Housing Register for a purpose not referred to in section 142H; or\n\n(c) has failed to comply with any condition or limitation to which the authorisation is subject; or\n\n(d) no longer satisfies the prescribed access criteria, if any.\n\nS. 142H inserted by No. 75/2016 s. 5, amended by No. 40/2022 s. 41(18)(a).\n\n","sortOrder":155},{"sectionNumber":"142H","sectionType":"section","heading":"Access to the Victorian Housing Register","content":"\t142H Access to the Victorian Housing Register\n\nHomes Victoria or an authorised person may access the Victorian Housing Register for any of the following purposes—\n\n(a) to  maintain the accuracy of the information in the Victorian Housing Register;\n\n(b) to determine whether an applicant meets the eligibility criteria for a tenancy in social housing;\n\n(c) to determine which priority category applies to an eligible applicant;\n\n(d) to determine whether to allocate a tenancy in social housing to an eligible applicant;\n\n(e) to verify the personal details of an applicant or of a household member of an applicant;\n\n(f) to verify the status of an applicant's application for a tenancy in social housing;\n\n(g) to prepare reports and compile statistics in relation to the use of the Victorian Housing Register;\n\nS. 142H(h) amended by No. 40/2022 s. 41(18)(b).\n\n(h) to perform any other function or exercise any power conferred on Homes Victoria or authorised person, as the case may be, by this Part.\n\nDivision 2—Information sharing\n\nS. 142I inserted by No. 75/2016 s. 5.\n\n","sortOrder":156},{"sectionNumber":"142I","sectionType":"section","heading":"Definitions","content":"\t142I Definitions\n\nIn this Division—\n\n***relevant information*** means—\n\n(a) personal details of an applicant  \nor of a household member of an applicant; and\n\n(b) any other information relating to an applicant's application for a tenancy in social housing; and\n\n(c) information relating to the adequacy and appropriateness of an applicant's current housing or future housing needs;\n\nS. 142I def. of *relevant person* amended by No. 40/2022 s. 42.\n\n***relevant person*** means—\n\n(a) Homes Victoria; and\n\nSee also section 35.\n\n(b) a registered agency; and\n\n(c) a person employed or engaged by a registered agency; and\n\n(d) a designated service provider; and\n\n(e) a person employed or engaged by a designated service provider.\n\nS. 142J inserted by No. 75/2016 s. 5.\n\n","sortOrder":157},{"sectionNumber":"142J","sectionType":"section","heading":"Collection, use and disclosure of relevant information permitted in certain circumstances","content":"\t142J Collection, use and disclosure of relevant information permitted in certain circumstances\n\n(1) A relevant person may collect or use relevant information, or disclose relevant information to another relevant person, to the extent necessary for any of the following purposes—\n\n(a) to determine whether an applicant meets the eligibility criteria for social housing;\n\n(b) to determine which priority category applies to an eligible applicant;\n\n(c) to determine whether to allocate a tenancy in social housing to an eligible applicant;\n\n(d) to determine the health, safety and support needs and housing requirements of individuals who are seeking housing assistance;\n\n(e) to facilitate the management and granting of tenancies in social housing and in other housing to support individuals to access housing that is appropriate to their needs;\n\n(f) to prepare reports and compile statistics in relation to the use of the Victorian Housing Register;\n\n(g) to perform any other functions or exercise any power under this Act;\n\n(h) to give information that the relevant person is otherwise expressly authorised, permitted or required to give under this Act.\n\n(2) In addition to the purposes referred to in subsection (1), a relevant person who is also an authorised person may collect or use relevant information, or disclose relevant information to another relevant person, to the extent necessary for any of the following purposes—\n\n(a) to establish and administer the Victorian Housing Register;\n\n(b) to maintain the accuracy of the Victorian Housing Register.\n\nSee IPP 2.1(f) of the **Privacy and Data Protection Act 2014** and HPP 1.1(b) and 2.2(c) of the **Health Records Act 2001**.\n\n(3) Nothing in this section affects any prohibition in any Act (other than this Act, the **Health Records Act 2001** and the **Privacy and Data Protection Act 2014**) on the collection, use or disclosure of the relevant information.\n\nPt 8B (Heading and ss 142JA–142JC) inserted by No. 40/2022 s. 26.\n\nPart VIIIB—Victorian Affordable Housing Programs\n\nS. 142JA inserted by No. 40/2022 s. 26.\n\n\t142JA VAHP declaration\n\n(1) The Minister, by Order published in the Government Gazette, may declare an affordable housing program to be a Victorian Affordable Housing Program.\n\n(2) A VAHP declaration may only be made if the State or the Commonwealth provides or has provided the affordable housing program to which the declaration applies with the funding, land, a subsidy or an incentive (including any planning incentive or tax incentive) as a contribution to—\n\n(a) the construction, acquisition, management, provision of or accommodation in, affordable housing or affordable rental housing; or\n\n(b) the acquisition or management of land used for affordable housing or affordable rental housing.\n\n(3) A VAHP declaration must—\n\n(a) describe the scope and purpose of the Victorian Affordable Housing Program; and\n\n**Example**\n\nAffordable housing for teachers in regional areas.\n\n(b) specify that participation in the Victorian Affordable Housing Program is subject to the requirements set out in relation to the Victorian Affordable Housing Program in any relevant VAHP determination; and\n\n(c) specify the date on which the declaration comes into operation, which must be a date after the date on which it is published in the Government Gazette; and\n\nSee subsection (1) for the requirement to be published in the Government Gazette.\n\n(d) be published on the Department's Internet site.\n\n(4) A VAHP declaration may specify all or any of the following—\n\n(a) details as to the requirements for participation in the Victorian Affordable Housing Program, including but not limited to eligibility criteria;\n\n(b) matters that must be included in any VAHP determination applying to the Victorian Affordable Housing Program to which the VAHP declaration applies;\n\n(c) the date on which the VAHP declaration expires;\n\n(d) any other matter the Minister considers relevant or appropriate.\n\nSee section 27 of the **Interpretation of Legislation Act 1984** in relation to the power to repeal (which pursuant to section 3 of that Act includes revocation) or amend a subordinate instrument.\n\nS. 142JB inserted by No. 40/2022 s. 26.\n\n\t142JB Homes Victoria may make VAHP determination\n\n(1) Homes Victoria may make a VAHP determination which sets out specific operational and policy settings for any affordable housing program which has been declared to be a Victorian Affordable Housing Program under section 142JA.\n\n(2) Before making a VAHP determination, Homes Victoria must consult with any person that Homes Victoria considers is a relevant stakeholder, but is not required to do so in relation to any revocation or any minor or clerical amendment of a determination.\n\nSee section 27 of the **Interpretation of Legislation Act 1984** in relation to the power to repeal (which pursuant to section 3 of that Act includes revocation) or amend a subordinate instrument.\n\n(3) A VAHP determination must—\n\n(a) be published in the Government Gazette; and\n\n(b) identify the Victorian Affordable Housing Program to which it applies; and\n\n(c) be in accordance with any requirements of the VAHP declaration to which it relates; and\n\n(d) specify the date on which the determination comes into operation, which must be a date after the date on which it is published in the Government Gazette; and\n\n(e) be published on the Department's Internet site.\n\n(4) A VAHP determination may include all or any of the following—\n\n(a) eligibility criteria for participation in the relevant Victorian Affordable Housing Program, whether as a provider, a renter (within the meaning of the **Residential Tenancies Act 1997**) or any other participant;\n\n(b) application processes;\n\n(c) selection processes for participation in the relevant Victorian Affordable Housing Program;\n\n(d) rent settings;\n\n(e) tenancy management;\n\n(f) tenure length or duration;\n\n(g) record keeping requirements;\n\n(h) requirements for information collection, requests for information and provision of information;\n\n(i) dispute resolution processes;\n\n(j) the date on which the determination expires;\n\n(k) any other matter necessary or convenient to give effect to the Victorian Affordable Housing Program or the VAHP declaration to which the determination relates;\n\n(l) any other matter associated with or ancillary to any matter referred to in paragraphs (a) to (k).\n\nS. 142JC inserted by No. 40/2022 s. 26.\n\n\t142JC Homes Victoria powers and functions regarding Victorian Affordable Housing Programs\n\n(1) Without limiting any other power or function of Homes Victoria, Homes Victoria may exercise any of its powers under this Act in carrying out its functions, and has all powers necessary or convenient to carry out the functions of—\n\n(a) delivering or facilitating the delivery of affordable housing and affordable rental housing through the Victorian Affordable Housing Programs; and\n\n(b) administering the Victorian Affordable Housing Programs.\n\n(2) Without limiting subsection (1), Homes Victoria may do all or any of the following—\n\n(a) receive and assess applications to participate in a Victorian Affordable Housing Program;\n\n(b) assess and determine eligibility of applicants to participate in a Victorian Affordable Housing Program and select participants for a Victorian Affordable Housing Program;\n\n(c) enter into any contract, memorandum of understanding, deed or other agreement or arrangement for the purposes of carrying out any function referred to in subsection (1).\n\nPt 9 (Heading and s. 143) inserted by No. 106/2004 s. 5.\n\nPart IX—Regulations\n\nS. 143 inserted by No. 106/2004 s. 5.\n\n\t143 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing that by this Act is authorized or required or permitted to be prescribed or that is necessary to be prescribed for carrying this Act into effect.\n\n(2) Without limiting subsection (1) the regulations may prescribe—\n\nS. 143(2)(a) amended by No. 40/2022 s. 43(1).\n\n(a) the terms and conditions to be incorporated in agreements for the lease or sale of land between Homes Victoria and any person;\n\n(b) forms for use under this Act;\n\nS. 143(2)(c) amended by No. 40/2022 s. 43(1).\n\n(c) the rent payable in respect of any land or class of land of Homes Victoria and the circumstances in which and the conditions on which Homes Victoria may grant rebates of rent;\n\n(d) the registration of rental housing agencies, including the criteria for registration and for determining the category of registration;\n\n(e) the matters to be included in the Register of Housing Agencies;\n\n(f) fees for the purposes of Part VIII;\n\nS. 143(2)(fa) inserted by No. 75/2016 s. 9, amended by No. 40/2022 s. 43(1).\n\n(fa) access criteria to which Homes Victoria must have regard in determining whether to authorise a person, or class of person, to access the Victorian Housing Register;\n\n(g) a penalty of not more than 10 penalty units for any contravention of the regulations;\n\nS. 143(2)(h) amended by No. 40/2022 s. 43(1).\n\n(h) that, in addition to any penalty, any expense incurred by Homes Victoria or the Registrar in consequence of a breach of the regulations or in the execution of work directed by the regulations to be executed by any person and not executed by that person must be paid by the person committing that breach or failing to execute that work;\n\n(i) the procedure to be followed, the conditions to be complied with and any matters necessary to be prescribed for carrying the regulations into effect.\n\n(3) Regulations made under this Act—\n\n(a) may be of general or of specially limited application;\n\n(b) may differ according to differences in time, place or circumstance;\n\n(c) may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person, whether wholly or partially or as amended by the regulations;\n\nS. 143(3)(d) amended by No. 40/2022 s. 43(2).\n\n(d) may leave any matter to be approved or determined by Homes Victoria or the Registrar.\n\nPt 10 (Heading and s. 144) inserted by No. 106/2004 s. 6.\n\nPart X—Transitional\n\nS. 144 inserted by No. 106/2004 s. 6.\n\n","sortOrder":158},{"sectionNumber":"144","sectionType":"section","heading":"Power to terminate existing leases","content":"\t144 Power to terminate existing leases\n\n(1) The Director, after giving not less than 90 days' notice to a co-operative specified in Schedule 9, may terminate any lease existing on 1 July 2005 between the Director and that co-operative.\n\n(2) The Director may refuse to renew any lease existing on 1 July 2005 between the Director and a co-operative specified in Schedule 9.\n\n(3) Subsections (1) and (2) apply despite any option to renew in the relevant lease.\n\n(4) No compensation is payable by the Director to a co-operative for—\n\n(a) the termination under this section of a lease with the co-operative; or\n\n(b) a refusal under this section to renew any lease with the co-operative.\n\n(5) If a co-operative specified in Schedule 9 changes its name before, on or after 1 July 2005, the reference to the co-operative in this section is to be taken to be a reference to a co-operative by its new name.\n\nS. 144(6) inserted by No. 40/2022 s. 43(3).\n\n(6) On and from the commencement of section 43 of the **Residential Tenancies, Housing and Social Services Regulation Amendment (Administration and Other Matters) Act 2022**, a reference to the Director in this section includes a reference to Homes Victoria.\n\nS. 145 inserted by No. 73/2005 s. 4(Sch. 2 item 4).\n\n","sortOrder":159},{"sectionNumber":"145","sectionType":"section","heading":"Saving of housing finance provisions","content":"\t145 Saving of housing finance provisions\n\nDespite the repeal of the **Treasury Corporation of Victoria (Housing Finance) Act 1995** by the **Treasury Legislation (Repeal) Act 2005**, sections 11, 12, 13 and 15 of that 1995 Act continue to apply as if that 1995 Act had not been repealed.\n\nS. 146 inserted by No. 40/2022 s. 49.\n\n","sortOrder":160},{"sectionNumber":"146","sectionType":"section","heading":"Advisory Board","content":"\t146 Advisory Board\n\n(1) The person who was appointed Chair to the advisory committee \"the Homes Victoria advisory board\" under section 8(1) on 10 May 2021, on and after the commencement of Division 3 of Part II, is taken to be appointed as the Chair of the Advisory Board under section 11D on the terms and conditions of office determined by the Minister, unless the person resigns or is removed from the Advisory Board.\n\n(2) The persons who were appointed members (other than the Chair) to the advisory committee \"the Homes Victoria advisory board\" under section 8(1) on 10 May 2021, on and after the commencement of Division 3 of Part II, are taken to be appointed as the members of the Advisory Board under section 11D on the terms and conditions of office determined by the Minister, unless the persons resign or are removed from the Advisory Board.\n\nS. 147 inserted by No. 40/2022 s. 49.\n\n","sortOrder":161},{"sectionNumber":"147","sectionType":"section","heading":"Amendment of Land Titles Register","content":"\t147 Amendment of Land Titles Register\n\nThe Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument, must make any amendments in the Register that are necessary because of any amendment made to this Act by the **Residential Tenancies, Housing and Social Services Regulation Amendment (Administration and Other Matters) Act 2022**.\n\nS. 148 inserted by No. 40/2022 s. 49.\n\n","sortOrder":162},{"sectionNumber":"148","sectionType":"section","heading":"Construction of references to Director of Housing","content":"\t148 Construction of references to Director of Housing\n\nUnless the context otherwise requires, on and from the amendment of section 9 by the **Residential Tenancies, Housing and Social Services Regulation Amendment (Administration and Other Matters) Act 2022**, in an Act, a subordinate instrument or any other document—\n\n(a) a reference to the Director, where the reference is to the body corporate under section 9(2), is taken to be a reference to Homes Victoria; and\n\n(b) a reference to the Director of Housing, where the reference is to the body corporate under section 9(2), is taken to be a reference to Homes Victoria; and\n\n(c) a reference to the Director or the Director of Housing, where the reference is to the person referred to in section 9(1), is taken to be a reference to the Chief Executive Officer, Homes Victoria.\n\nS. 149 inserted by No. 40/2022 s. 49.\n\n","sortOrder":163},{"sectionNumber":"149","sectionType":"section","heading":"Change of names","content":"\t149 Change of names\n\n(1) Homes Victoria is the same body as the Director despite the change of its name by the **Residential Tenancies, Housing and Social Services Regulation Amendment (Administration and Other Matters) Act 2022** and no act, matter or thing is to be affected merely because of that change of name.\n\n(2) Despite the change of name of the Director of Housing to the Chief Executive Officer, Homes Victoria by the **Residential Tenancies, Housing and Social Services Regulation Amendment (Administration and Other Matters) Act 2022**—\n\n(a) the person referred to in section 9(1) and holding office immediately before that change of name continues to be employed in accordance with that subsection subject to the same terms and conditions as applied to that employment immediately before that change of name; and\n\n(b) no act, matter or thing is to be affected merely because of that change of name.\n\nSchedules\n\nSch. 1 amended by No. 52/1994 s. 97(Sch. 3 item 15).\n\n","sortOrder":164},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Amendments and repeals","content":"Schedule 1—Amendments and repeals\n\nSection 3(1).\n\n| *Number    of Act* | *Title of Act* | *Extent of Amendment or Repeal* |\n| 3928 | **Special Funds (Teachers' Residences) Act 1930** | The whole shall be repealed. |\n| 6052 | **Housing (Broadmeadows Land) Act 1956** | The whole shall be repealed. |\n| 6226 | **Co-operative Housing Societies Act 1958** | In section 1 in the table of Parts and Divisions the expression \"Part IVA—GOVERNMENT FINANCE ss 72A–72B.\" shall be repealed. |\n|  |  | Sections 72A and 72B and the heading immediately preceding those sections shall be repealed. |\n| 6275 | **Housing Act 1958** | The whole shall be repealed. |\n| 6299 | **Local Government Act 1958** | In section 1 (as proposed to be amended by section 28(2) of the **Local Government (General Amendment) Act 1982**) for the expression \"ss 861A–861E\" there shall be substituted the expression \"ss 861A–861D\". |\n|  |  | In section 575(1) in paragraph (a)(i) of the interpretation of ***Private street*** for the words \"Housing Commission\" there shall be substituted the words \"Director of Housing\". |\n\n| *Number    of Act* | *Title of Act* | *Extent of Amendment or Repeal* |\n|  |  | In section 861A(1) (as proposed to be inserted by section 28(1) of the **Local Government (General Amendment) Act 1982**) paragraph (g) shall be repealed. |\n|  |  | Section 861E (as proposed to be inserted by section 28(1) of the **Local Government (General Amendment) Act 1982**) shall be repealed. |\n|  |  | In section 918B(7) for paragraph (a) there shall be substituted the following paragraph: |\n|  |  | \"(a) the Director of Housing incorporated under the **Housing Act 1983**;\". |\n| * * * * * | | |\n| 6993 | **Home Finance Act 1962** | The whole shall be repealed. |\n| 8052 | **Urban Renewal Act 1970** | In section 2— |\n|  |  | (a) in the interpretation of ***Public authority*** for the words \"Housing Commission\" there shall be substituted the words \"Director of Housing\"; and |\n|  |  | (b) for paragraph (c) of the interpretation of ***Renewal authority*** there shall be substituted the following paragraph:<br> \"(c) the Director of     Housing.\". |\n\n| *Number    of Act* | *Title of Act* | | *Extent of Amendment or Repeal* |\n| --- | --- | --- | --- |\n| 8409 | **Decentralized Industry (Housing) Act 1973** | | In section 12(4)—<br>(a) for the expression \"71, 72 and 73 of the **Housing Act 1958**\" there shall be substituted the expression \"16(1)(b), (4), (5), (6) and (7) of the **Housing Act 1983**\"; and<br>(b) for paragraphs (a) and (b) and the word \"and\" between those paragraphs there shall be substituted the expression 'any reference to the \"Director\" were a reference to the Authority'. |\n|  |  | In section 12(5)—<br>(a) for the expression \"23 of the **Housing Act 1958**\" there shall be substituted the expression \"16(2) and (3) of the **Housing Act 1983**\"; and<br>(b) for the expression the ' \"Commission\" ' there shall be substituted the expression 'the \"Director\" '. | |\n|  |  | | In section 13—<br>(a) for the expression \"housing Commission constituted under the **Housing Act 1958**, whereby the Commission\" there shall be substituted the expression \"Director of Housing incorporated under the **Housing Act 1983**, whereby the Director\"; and |\n\n|  | |  | | (b) for the words \"Housing Commission\" (where secondly occurring) there shall be substituted the words \"Director of Housing\". |\n| 8520 | | **Albury-Wodonga Agreement Act 1973** | | In section 15(10)—<br>(a) for the expression \"71, 72 and 73 of the **Housing Act 1958**\" there shall be substituted the expression \"16(1)(b), (4), (5), (6) and (7) of the **Housing Act 1983**\"; and |\n|  | |  | | (b) for paragraphs (a) and (b) and the word \"and\" between those paragraphs there shall be substituted the expression 'any reference to the \"Director\" were a reference to the Corporation'. |\n|  | |  | | In section 15(11)—<br>(a) for the expression \"23 of the **Housing Act 1958**\" there shall be substituted the expression \"16(2) and (3) of the **Housing Act 1983**\"; and |\n|  | |  | | (b) for the expression the ' \"Commission\" ' there shall be substituted the expression 'the \"Director\" '. |\n| 8731 | | **Magistrates (Summary Proceedings) Act 1975** | | In Schedule Two, in paragraph (i) for the expression \"Division 1B of Part VI of the **Housing Act 1958**\" there shall be substituted the expression \"Schedule 5 to the **Housing Act 1983**\". |\n\n| 8793 | | **State Co-ordination Council Act 1975** | | Section 3(2)(ac) shall be repealed. |\n| 9024 | | **Geelong Regional Commission Act 1977** | | In section 15(1)(h) for the words \"Housing Commission\" there shall be substituted the words \"Director of Housing\". |\n|  | |  | | In section 16—<br>(a) in subsection (1) for the words \"Housing Commission\" there shall be substituted the words \"Director of Housing\"; |\n|  | |  | | (b) in subsection (2)—<br> (i) for the expression \"71, 72 and 73 of the **Housing Act 1958**\" there shall be substituted the expression \"16(1)(b), (4), (5), (6) and (7) of the **Housing Act 1983**\"; and |\n|  | |  | | (ii) for paragraphs (a) and (b) and the word \"and\" between those paragraphs there shall be substituted the expression 'any reference to the \"Director\" were a reference to the Geelong Regional Commission.'; and |\n\n|  | |  | | (c) in subsection (3)—<br> (i) for the expression \"23 of the **Housing Act 1958**\" there shall be substituted the expression \"(16)(2) and (3) of the **Housing Act 1983**\"; and |\n|  | |  | | (ii) for the expression 'the \"Commission\" ' there shall be substituted the expression 'the \"Director\" '. |\n| 9399 | | **Home Finance (Borrowing Powers) Act 1980** | | The whole shall be repealed. |\n| 9427 | | **Statute Law Revision Act 1980** | | Items 69 and 70 in the Fifth Schedule shall be repealed. |\n| 9514 | | **Residential Tenancies Act 1980** | | In section 98(1) for the expression \"56 of the **Housing Act 1958**\" there shall be substituted the expression \"64 of the **Housing Act 1983**\". |\n| 9549 | | **Statute Law Revision Act 1981** | | Item 81 in the Schedule shall be repealed. |\n| 9550 | | **Government Employee Housing Authority Act 1981** | | In section 13(7)—<br>(a) for the expression \"Housing Commission constituted by the **Housing Act 1958** whereby that Commission\" there shall be substituted the expression \"Director of Housing incorporated under the **Housing Act 1983** whereby that Director\"; and |\n\n|  | |  | | (b) for the words \"Housing Commission\" (where secondly occurring) there shall be substituted the words \"Director of Housing\". |\n| 9552 | | **Urban Renewal (Amendment) Act 1981** | | Section 13 shall be repealed. |\n| 9553 | | **Housing (Amendment) Act 1981** | | The whole shall be repealed. |\n| 9576 | | **Crimes (Classification of Offences) Act 1981** | | The items in the Schedule relating to the **Housing Act 1958** shall be repealed. |\n| 9603 | | **Housing (Further Amendment) Act 1981** | | The whole shall be repealed. |\n| 9604 | | **Home Finance (Amendment) Act 1981** | | The whole shall be repealed. |\n| 9720 | | **Building Control Act 1981** | | In section 2—<br>(a) for the expression    \"ss 15–44\" there shall be substituted the expression \"ss 15–30\"; and |\n|  | |  | | (b) the expression \"Division 4—Dwellings Unfit for Human Habitation ss 31–44.\" shall be repealed. |\n|  | |  | | Section 25(d) shall be repealed. |\n|  | |  | | In section 28(3) the expression \"(d),\" shall be repealed. |\n|  | |  | | In section 28(4) the expression \"Division 4 of this Part or\" shall be repealed. |\n\n|  | |  | | In section 30 the expression \"and section 56 of the **Housing Act 1958**,\" shall be repealed and for the expression \", the Uniform Plumbing and Sewerage Regulations 1977 (as amended) and the Housing (Standard of Habitation) Regulations 1971\" there shall be substituted the expression \"and the Uniform Plumbing and Sewerage Regulations 1977\". |\n|  | |  | | Division 4 of Part III shall be repealed. |\n|  | |  | | Items 39–48 in the Schedule shall be repealed. |\n| 9771 | | **Local Government (General Amendment) Act 1982** | | Section 28(3) shall be repealed. |\n| 9861 | | **Public Account (Trust Funds) Act 1982** | | The items in Schedule 2 relating to the **Housing Act 1958** shall be repealed. |\n| 9983 | | **Latrobe Regional Commission Act 1983** | | In section 15(1) for the words \"Housing Commission\" there shall be substituted the words \"Director of Housing\". |\n|  | |  | | In section 15(2)—<br>(a) for the expression \"71, 72 and 73 of the **Housing Act 1958**\" there shall be substituted the expression \"16(1)(b), (4), (5), (6) and (7) of the **Housing Act 1983**\"; and |\n\n|  | |  | | (b) for the expression 'the \"Commission\" ' there shall be substituted the expression 'the \"Director\" '. |\n|  | |  | | In section 15(3)—<br>(a) for the expression \"23 of the **Housing Act 1958**\" there shall be substituted the expression \"16(2) and (3) of the **Housing Act 1983**\"; and |\n|  | |  | | (b) for the expression 'the \"Commission\" ' there shall be substituted the expression 'the \"Director\" '. |\n\n","sortOrder":165},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Provisions with respect to property","content":"Schedule 2—Provisions with respect to property\n\nSections 14(2), 16(7), 17(2), 18(5)\n\nPart I—Acquisition and disposal of land\n\nSch. 2 cl. 1 substituted by No. 121/1986 s. 112.\n\n\t1 Application of Land Acquisition and Compensation Act 1986\n\nThe **Land Acquisition and Compensation Act 1986** applies to this Act and for that purpose—\n\n(a) the **Housing Act 1983** is the special Act; and\n\nSch. 2 cl. 1(b) amended by No. 40/2022 s. 44(1).\n\n(b) Homes Victoria is the Authority.\n\nSch. 2 cl. 2 (Heading) inserted by No. 40/2022 s. 44(2).\n\nSch. 2 cl. 2 amended by No. 40/2022 s. 44(3).\n\n\t2 Governor in Council empowered to grant Crown land to Homes Victoria\n\nNotwithstanding anything in any Act, the Governor in Council is hereby empowered to grant any Crown land to Homes Victoria at such price (if any) and on such terms and conditions as the Governor in Council thinks fit.\n\nSch. 2 cl. 3 (Heading) inserted by No. 40/2022 s. 44(4).\n\n\t3 Municipalities and public statutory corporations empowered to grant land to Homes Victoria\n\nSch. 2 cl. 3(1) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 61.7), 40/2022 s. 44(5).\n\n(1) Notwithstanding anything in any Act, a municipal council or public statutory corporation is hereby empowered to sell or give to Homes Victoria any land vested in it other than land reserved under section 4 of the **Crown Land (Reserves) Act 1978**.\n\nSch. 2 cl. 3(2) amended by No. 12/1989 s. 4(1)(Sch. 2 item 61.8).\n\n(2) Notwithstanding anything in any Act, a municipal council or public statutory corporation is hereby empowered to—\n\nSch. 2 cl. 3(2)(a) amended by No. 40/2022 s. 44(6).\n\n(a) lease or sub-lease any land to Homes Victoria at such rent (if any) or on such terms and conditions as it thinks fit;\n\nSch. 2 cl. 3(2)b) amended by No. 40/2022 s. 44(6).\n\n(b) enter into an agreement with Homes Victoria for or with respect to the use, development, maintenance, management or control of any such land; and\n\n(c) apply any of its funds for or in connexion with the carrying out of any such agreement.\n\n\t4 Covenants\n\nSch. 2 cl. 4(1) amended by No. 40/2022 s. 44(7).\n\n(1) Where, pursuant to section 14(1)(e), Homes Victoria sells any land subject to terms and conditions relating to the use or development of the land by the purchaser, Homes Victoria may enter into a covenant with the purchaser which binds the purchaser as to the manner and method of and the time within which the land will be developed or redeveloped or as to the manner in which the land will be used or as to both the development or redevelopment and use of the land.\n\nSch. 2 cl. 4(2) amended by No. 40/2022 s. 44(8).\n\n(2) A covenant under subclause (1) may be released by Homes Victoria or varied by an agreement between Homes Victoria and all persons having an interest in the land burdened by the covenant who are bound by the covenant.\n\nSch. 2 cl. 4(3) amended by No. 18/1989 s. 13(Sch. 2 item 39(a)(i)(ii)), substituted by No. 85/1998 s. 24(Sch. item 34.1).\n\n(3) If a covenant has been entered into by a person pursuant to subclause (1) or subsequently varied pursuant to subclause (2), the Registrar of Titles on the application of the owner of the land burdened by the covenant must make a recording in the Register of the covenant or variation as the case requires.\n\nSch. 2 cl. 4(4) inserted by No. 85/1998 s. 24(Sch. item 34.1).\n\n(4) On the making of a recording in the Register pursuant to subsection (3)—\n\n(a) the burden of the covenant or the covenant as so varied (as the case requires) runs with the land affected; and\n\nSch. 2 cl. 4(4)(b) amended by No. 40/2022 cl. 44(19).\n\n(b) Homes Victoria may enforce the covenant against persons deriving title from the person who entered into the covenant as if it were a restrictive covenant despite the fact that it may be positive in nature, or is not for the benefit of any land of Homes Victoria.\n\nSch. 2 cl. 4(5) inserted by No. 85/1998 s. 24(Sch. item 34.1).\n\n(5) The amendment of this clause by section 24 of the **Transfer of Land (Single Register) Act 1998** does not affect the operation, effect or enforcement of a covenant registered under the **Property Law Act 1958** and existing immediately before the commencement of that section 24.\n\n\t5 Sale of land to be subject to Housing Agreements\n\nAny sale of land pursuant to section 14(1)(e) shall be subject to the terms and conditions of the Agreement or of any subsequent Housing Agreement with the Commonwealth.\n\nSch. 2 cl. 6 (Heading) inserted by No. 40/2022 s. 44(9).\n\nSch. 2 cl. 6 amended by No. 40/2022 s. 44(10).\n\n\t6 Power of Homes Victoria to grant loans to purchasers\n\nHomes Victoria may at or after the time of sale of any land pursuant to section 14(1)(e) grant a loan to the purchaser on the security of a mortgage and subject to such terms and conditions as Homes Victoria thinks fit.\n\nSch. 2 cl. 7 (Heading) inserted by No. 40/2022 s. 44(11).\n\nSch. 2 cl. 7 amended by No. 40/2022 s. 44(12).\n\n\t7 Power of Homes Victoria to write off outstanding rent\n\nWhere Homes Victoria leases or sub‑leases any land pursuant to paragraph (g) or (h) of section 14(1) Homes Victoria may, with the consent of the Treasurer, write off such amounts of outstanding rent as from time to time are proved to the satisfaction of Homes Victoria to be irrecoverable.\n\nPart II—Easements, closure of streets, &c.\n\nSch. 2 cl. 8 amended by No. 40/2022 s. 44(13)(a).\n\n\t8 Procedure to be followed in extinguishing easements etc.\n\nBefore making any recommendation to the Governor in Council under section 16(1)(b) Homes Victoria shall—\n\nSch. 2 cl. 8(a) amended by Nos 26/1987 s. 21, 12/1989 s. 4(1)(Sch. 2 item 61.9), 40/2022 s. 44(13)(b).\n\n(a) serve notice of Homes Victoria's intention to make that recommendation to the municipal council in which the land to which that recommendation relates is situated;\n\nSch. 2 cl. 8(b) amended by Nos 26/1987 s. 21, 40/2022 s. 44(13).\n\n(b) serve notice of Homes Victoria's intention to make that recommendation on the owners of any land which Homes Victoria considers is likely to be substantially affected by the carrying into effect of Homes Victoria's recommendation;\n\n(c) give all such owners an opportunity of setting forth their objections to the recommendation; and\n\n(d) have due regard to all such objections and to such other matters as may be prescribed.\n\nSch. 2 cl. 9 substituted by No. 18/1989 s. 13(Sch. 2 item 39(a)(iii)).\n\n\t9 Registrar of Titles to make all necessary endorsements etc.\n\nThe Registrar of Titles must make any recordings in the Register that are necessary or expedient because of the operation of this Act and the holder of any relevant certificate of title, when so required in writing, must deliver it to the Registrar of Titles.\n\n\t10 Land closed by Order\n\nWhere the land comprised in any street or part thereof which is closed by Order under section 16(1)(b) is not, apart from this clause, land which is under the operation of the **Transfer of Land Act 1958**, the publication of the Order shall have the effect of bringing such land under the operation of the **Transfer of Land Act 1958** and clause 9 of this Schedule shall extend and apply to and in respect of such land accordingly.\n\nSch. 2 cl. 10(2) repealed by No. 85/1998 s. 24(Sch. item 34.2).\n\nPart III—Donations, &c.\n\nSch. 2 cl. 11 amended by No. 40/2022 s. 44(14).\n\n\t11 Orders in Council with respect to property held on trust\n\nNotwithstanding any Act or rule of law, where a person or body corporate or unincorporate holds any property real or personal on trust for or for the purpose of effecting any object, which is one of the objects of this Act or which is substantially similar to any such object, that person or body may transfer, pay or deliver such property to Homes Victoria and, if the Governor in Council by Order declares that any property transferred, paid or delivered to Homes Victoria was or would have been authorized by the provisions of this clause, the Order shall be conclusive evidence of its validity and the person or body shall be discharged from all duties and obligations in relation to that property.\n\nSch. 2 cl. 12 substituted by No. 12/1989 s. 4(1)(Sch. 2 item 61.10), amended by Nos 9/2020 s. 390(Sch. 1 item 54.2), 40/2022 s. 44(15).\n\n","sortOrder":166},{"sectionNumber":"12","sectionType":"section","heading":"Donation deemed to be permanent work or undertaking","content":"\t12 Donation deemed to be permanent work or undertaking\n\nThe provisions of the **Local Government Act 2020** relating to the borrowing of money upon the credit of a municipal council apply to the making of any donation or gift of real or personal property to Homes Victoria by any municipal council or public statutory corporation pursuant to section 17.\n\nPart IV—Movable units\n\nSch. 2 cl. 13 amended by No. 40/2022 s. 44(16).\n\n\t13 Instruments Act 1958, Part VI not to apply\n\nPart VI of the **Instruments Act 1958** shall not apply to any agreement entered into between Homes Victoria and any person under section 18(1).\n\n\t14 Exemption from stamp duty\n\nNotwithstanding anything to the contrary in the **Stamps Act 1958** or any other Act—\n\nSch. 2 cl. 14(a) amended by No. 40/2022 s. 44(17).\n\n(a) no duty shall be payable in respect of the sale or letting out on hire by Homes Victoria of movable units under section 18(1); and\n\n(b) no duty shall be payable on any sale or hiring agreement.\n\n\t15 Presence of movable units not to affect rating\n\nFor the purpose of any law relating to taxation or rating, the land upon which a movable unit is subject to a hiring agreement under section 18(1) is situate shall be deemed to be in the occupation of the hirer and not to be a separate property for taxation or rating purposes and the movable unit shall be deemed not to constitute improvements in relation to the land upon which it is situate.\n\n\t16 Provisions as to law of real property\n\nNotwithstanding anything to the contrary in any Act or rule of law—\n\nSch. 2 cl. 16(a) amended by No. 40/2022 s. 44(18).\n\n(a) a movable unit being the property of Homes Victoria shall be and remain personal property, and shall not be capable of becoming affixed, within the meaning of any law relating to real property, to any land upon which it is for the time being situated; and\n\nSch. 2 cl. 16(b) amended by No. 40/2022 s. 44(18).\n\n(b) any footings, foundations, steps or other fittings or equipment supplied by Homes Victoria in relation to a movable unit shall be deemed to be a part of the movable unit.\n\n","sortOrder":167},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"The Commonwealth–State–Northern Territory Housing Agreement 1981","content":"Schedule 3—The Commonwealth–State–Northern Territory Housing Agreement 1981\n\nSection 29(1)\n\nAN AGREEMENT made the twenty-third day of December One thousand nine hundred and eighty-one between—\n\nTHE COMMONWEALTH OF AUSTRALIA of the first part,\n\nTHE STATE OF NEW SOUTH WALES of the second part,\n\nTHE STATE OF VICTORIA of the third part,\n\nTHE STATE OF QUEENSLAND of the fourth part,\n\nTHE STATE OF SOUTH AUSTRALIA of the fifth part,\n\nTHE STATE OF WESTERN AUSTRALIA of the sixth part,\n\nTHE STATE OF TASMANIA of the seventh part, and\n\nTHE NORTHERN TERRITORY OF AUSTRALIA of the eighth part.\n\nWHEREAS—\n\n(A) the Commonwealth and the States of Australia have from time to time entered into agreements for the purpose of the provision by the States with financial assistance from the Commonwealth of housing for persons who are in need of governmental assistance if their housing requirements are to be met;\n\n(B) by an agreement dated 17 October 1978, being the agreement authorized to be executed on behalf of the Commonwealth by the Housing Assistance Act 1978 of the Commonwealth Parliament and being the last of the agreements referred to in recital (A), provision was so made with respect to the three years commencing on 1 July 1978;\n\n(C) the Commonwealth and the Northern Territory of Australia entered into an agreement dated the eleventh day of March 1980 in relation to the funding of welfare housing in the Northern Territory with respect to the two years commencing on 1 July 1979;\n\n(D) the Ministers of the respective governments throughout Australia who are responsible for housing have agreed upon the provision of rental housing assistance and home purchase assistance in the various States and in the Northern Territory during the five years commencing on 1 July 1981;\n\n(E) the Ministers have affirmed and augmented principles that apply to the provision of housing assistance under agreements of the nature aforesaid, namely—\n\n(a) housing assistance will—\n\n(i) facilitate home ownership for those able to afford it but not able to gain it through the private market;\n\n(ii) provide adequate rental housing for those of the community who are deemed to be in need of governmental assistance at a price that is within their capacity to pay; and\n\n(iii) provide assistance for home ownership and assistance with rental accommodation in the most efficient way and thus to exclude from eligibility those NOT in need, to minimise continued availability of assistance to those no longer in need and to accord benefits which are designed so that assistance being provided is related to the particular family's or individual's current economic and social circumstances;\n\n(b) benefits which are available are offset to the minimum extent practicable by poor location of dwellings, an inadequate range of choice of dwellings and stigmatisation of those who are to receive benefits;\n\n(c) clear recognition is accorded to the separate but complementary roles of—\n\n(i) construction and acquisition of dwellings;\n\n(ii) management of the rental operations; and\n\n(iii) sales of dwellings;\n\n(d) maximum social benefit is sought from previous investment in housing;\n\n(e) design, style and siting of public housing will to the maximum extent practicable—\n\n(i) support the energy conservation policies of the governments; and\n\n(ii) reflect the need for accessibility and suitability for habitation by handicapped persons;\n\n(f) tenant participation in public housing policies and estate management is encouraged; and\n\n(g) the States will be able to exercise maximum autonomy and flexibility in the administrative arrangements necessary to achieve these principles;\n\n(F) it is proposed that in order to implement the agreement of the Ministers the Commonwealth will grant to the States financial assistance under section 96 of the Commonwealth of Australia Constitution and like assistance to the Northern Territory and that the terms and conditions on which the grant of financial assistance should be made are those set out in this agreement;\n\n(G) the Commonwealth and the States and the Northern Territory wish to vary in certain respects the operation of the agreements which have been entered into as aforesaid; and\n\n(H) the Parliament of the Commonwealth has authorized the execution by and on behalf of the Commonwealth of this agreement and the provision of financial assistance to the States in accordance with its provisions:\n\nNOW IT IS HEREBY AGREED as follows:\n\n**PART I—OPERATION OF AGREEMENT**\n\n1.\n\n(1) This agreement shall come into force in respect of the Commonwealth and of a State when it has been signed on behalf of the Commonwealth and has been signed on behalf of the State with the authority of the Parliament of the State or, having been signed on behalf of the State without the authority, is approved by the Parliament of the State.\n\n(2) This agreement shall come into force in respect of the Commonwealth and the Northern Territory when it has been signed on behalf of the Commonwealth and has been signed on behalf of the Northern Territory.\n\n(3) Notwithstanding that in this agreement all the States of New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania and the Northern Territory are named as parties, this agreement shall operate as an agreement between the Commonwealth and the party or parties in respect of which it comes into force as fully and effectually as if the party or parties in respect of which it comes into force were the only party or parties so named other than the Commonwealth.\n\n2.\n\nActs and things provided for by this agreement which have been done or carried out by or with respect to a State or the Northern Territory in accordance with and in anticipation of its coming into force in respect of that State or Territory shall be deemed to have been done or carried out under this agreement as if it were in force at the relevant time or times in respect of that State, or that Territory, as the case may be.\n\n**PART II—PARTIES**\n\n3.\n\n(1) In this agreement, subject to this clause and except where the context otherwise indicates—\n\n(a) **\"the Commonwealth\"** means the Commonwealth of Australia as the party to this agreement;\n\n(b) each State named as a party in respect of which the agreement comes into force is referred to as a \"State\" and, except where the context otherwise indicates, \"the States\" means all of those States; and\n\n(c) **\"the Northern Territory\"** means the Northern Territory of Australia as the party to this agreement, being the body politic established by section 5 of the Northern Territory (Self-Government) Act 1978 of the Commonwealth Parliament.\n\n(2) A reference to a State in this Part and in the succeeding clauses of this agreement shall, except where the contrary intention appears and according to the requirements of the context, be deemed to include a reference to the Northern Territory.\n\n4.\n\nWhere in an existing Housing Agreement included in the Schedule the word \"State\" or the expression \"the States\" means a State or the States in respect of which that Agreement is in force, that word and that expression shall mean respectively, for the purposes of the operation of that Agreement, a State or the States in respect of which this agreement has come into force.\n\n**PART III—INTERPRETATION**\n\n5.\n\n(1) In this agreement—\n\n**\"the Minister\"** means the Minister of State of the Commonwealth for the time being responsible for the administration of this agreement for the Commonwealth; and\n\n**\"the State Minister\"** means the Minister of State of a State for the time being responsible for the administration of this agreement for the relevant State.\n\n(2) A reference in this agreement to a Minister includes a Minister or other member of the Federal Executive Council or Minister of the relevant State, as the case may require, acting on behalf of or for the time being acting for the Minister referred to.\n\n6.\n\nIn this agreement, unless the contrary intention appears or the context otherwise requires—\n\n**\"dwelling\"** means a dwelling-house or flat and includes such fences, outbuildings and other improvements and such connexions for sewerage, drainage, water, electricity, gas and other services as are provided or are reasonably required to be provided for the dwelling-house or flat;\n\n**\"home purchaser\"** includes a purchaser of a dwelling under Part X of this agreement;\n\n**\"housing\"** means residential housing including dwellings and other forms of residential accommodation;\n\n**\"previous housing arrangements\"** means the provisions in relation to housing that were made by the existing Housing Agreements and by the States Grants (Housing) Act 1971, the Housing Assistance Act 1973 and the Housing Assistance Act 1978 of the Commonwealth Parliament;\n\n**\"rental housing\"** means housing for rental which has been provided under the previous housing arrangements or is provided under this agreement and \"rental dwelling\" means a dwelling that is included in rental housing;\n\n**\"the Commonwealth Act\"** means the legislation of the Commonwealth Parliament by which this agreement is authorized to be executed by or on behalf of the Commonwealth;\n\n**\"the existing Housing Agreements\"** means the Agreements set out in the Schedule and where the singular is used means such one or other of those Agreements as the context requires; and\n\n**\"year\"** means a period of twelve months commencing on the first day of July.\n\n7.\n\nIn this agreement, unless the contrary intention appears—\n\n(a) a reference to a Part or to a clause is to a Part or to a clause of this agreement, as the case may be;\n\n(b) a reference to a sub-clause is, unless otherwise indicated, to the relevant sub-clause of the clause in which the reference appears;\n\n(c) the Schedule referred to is the Schedule to this agreement;\n\n(d) words importing the masculine gender also import the feminine and, where appropriate, the neuter; and\n\n(e) words in the singular number include the plural and vice versa.\n\n**PART IV—OBJECTIVE OF AGREEMENT**\n\n8.\n\nThe objective of this agreement is the provision by the States and by the Northern Territory with financial assistance from the Commonwealth of housing assistance for rental housing and for home purchase in accordance with, and in fulfilment of, the principles set out in recital (E).\n\n**PART V—FINANCIAL ASSISTANCE**\n\n9.\n\n(1) In order to assist the States in the achievement of the objective of this agreement, the Commonwealth will, upon and subject to the provisions of this agreement, provide to the States during the years of this agreement financial assistance for housing purposes (hereinafter in this agreement referred to as \"financial assistance\") by way of interest bearing repayable advances (\"loan assistance\") and interest free non-repayable grants (\"grants\").\n\n(2) The years of this agreement shall be the five years commencing on the first day of July in the years 1981, 1982, 1983, 1984 and 1985.\n\n10.\n\nThe Commonwealth will provide base financial assistance to the States in respect of each year of this agreement amounting to Two hundred million dollars ($200 000 000) and consisting of—\n\n(a) fifty-four million dollars ($54 000 000) by way of grants identified as being for rental housing assistance to disadvantaged categories of persons in accordance with Part XI; and\n\n(b) one hundred and forty-six million dollars ($146 000 000) by way of loan assistance for rental housing assistance and home purchase assistance in accordance with this agreement.\n\n11.\n\nThe Commonwealth may provide to the States, out of moneys appropriated by the Commonwealth Parliament for the purpose, in addition to base financial assistance, financial assistance for home purchase assistance and rental housing assistance, including rental housing assistance to disadvantaged categories of persons in accordance with Part XI, in such proportions by way of grants and loan assistance or in such combinations of those forms of assistance as are from time to time determined by the Minister.\n\n12.\n\nIn and for the purposes of this agreement—\n\n(a) financial assistance to be provided under clause 10 is referred to and shall be know as \"base financial assistance\";\n\n(b) financial assistance in addition to base financial assistance is referred to and shall be known as \"additional financial assistance\";\n\n(c) grants of base financial assistance under paragraph (a) of clause 10 and of additional financial assistance that are identified as being for rental housing to disadvantaged categories of persons in accordance with Part XI are referred to and shall be know as \"earmarked grants\"; and\n\n(d) financial assistance other than earmarked grants is referred to and shall be known as \"untied assistance\".\n\n13.\n\nFinancial assistance shall be allocated between the States in such manner as is provided by the Commonwealth Act and it shall be a condition with respect to the provision of untied assistance that a State will match the amount of that financial assistance from its own resources in accordance with Part VI.\n\n**PART VI—STATE MATCHING FUNDS**\n\n14.\n\n(1) A State will provide from its own resources during each year of this agreement and apply in accordance with this Part funds (\"matching funds\") equivalent in amount to the amount of untied assistance that is provided to the State during that year.\n\n(2) Each State will by the fifteenth day of October in each year of this agreement furnish to the Commonwealth for the agreement of the Minister proposals for the provision and application of matching funds during that year.\n\n(3) Matching funds in respect of a State may include—\n\n(a) surpluses resulting from rental housing assistance activities by the State under Commonwealth–State housing arrangements;\n\n(b) revolving funds resulting from home purchase assistance activities under previous housing arrangements and under this agreement;\n\n(c) allocations from—\n\n(i) consolidated revenue funds;\n\n(ii) loan funds;\n\n(iii) trust funds and other special accounts in the public account of the State to the extent that those funds have been financed from State resources, including deposits with the State Treasury;\n\n(iv) borrowings by instrumentalities of the State under the terms of the Commonwealth–State arrangements associated with the Financial Agreement and known as the Gentlemen's Agreement; and\n\n(v) appropriation from surpluses of authorities and instrumentalities of the State other than those referred to in paragraphs (a) and (b) of this sub-clause; and\n\n(d) other sources at any time agreed upon between the Minister and the State Minister.\n\n(4) Except as provided in sub-clause (3) matching funds shall not be derived from financial assistance under this agreement.\n\n15.\n\n(1) Matching funds in respect of a State other than those referred to in paragraphs (a) and (b) of sub-clause 14(3) shall be expended by the State on welfare housing programs of the State as from time to time agreed between the Minister and the State Minister.\n\n(2) Matching funds other than those referred to in paragraphs (a) and (b) of sub-clause 14(3) shall not be required to be expended by a State on welfare housing programs to which this agreement applies.\n\n16.\n\nAs soon as practicable after a year of this agreement a State will furnish to the Commonwealth a statement which shows particulars of the expenditure by the State of matching funds during the year on programs agreed upon by the Minister and the State Minister and which is certified as to its correctness by a person appointed by the State Minister for that purpose.\n\n**PART VII—FINANCIAL ASSISTANCE ARRANGEMENTS**\n\n17.\n\n(1) Each State will, not later than 30 November preceding the beginning of a year of this agreement, inform the Minister of the amounts of financial assistance that the State wishes the Commonwealth to provide to it in respect of the year for home purchase assistance and rental housing assistance programs and at the same time will provide estimates of financial performance and planned programs for that year.\n\n(2) The Minister and the State Minister will consult as appropriate concerning the provision of financial assistance to the State, including additional financial assistance, in respect of the year in accordance with Part V.\n\n(3) In those consultations consideration shall be given to State requirement and practices but for the purposes of the provision of additional assistance regard shall not be had to any operating surpluses and rental housing assistance operations or on home purchase assistance operation under previous housing arrangements or under this agreement.\n\n18.\n\nFinancial assistance in respect of a year of this agreement shall be made available to a State during that year by equal monthly instalments unless otherwise agreed between the Minister and the Treasurer of the State.\n\n19.\n\nThe State Minister will determine the allocation between home purchase assistance and rental housing assistance of the total amount of loan assistance and of grants of untied assistance to be provided by the Commonwealth to a State in a year of this agreement and may at any time during a year vary the determination in respect of that year.\n\n**PART VIII—INTEREST AND REPAYMENTS OF LOAN ASSISTANCE**\n\n20.\n\n(1) Each payment of loan assistance to a State or so much of each payment as for the time being remains unrepaid to the Commonwealth will, until repayment as provided in clause 21, bear interest at the rate of 4½ per centum per annum computed from the date upon which the payment is made.\n\n(2) A State will on 31 December and 30 June of a year during which payments of loan assistance are made to the State under this agreement pay to the Commonwealth the interest that has accrued on those payments up to the date of the payment of the interest.\n\n21.\n\nEach State will repay to the Commonwealth the amount of each payment of loan assistance to the State and will pay interest thereon as provided in clause 20, other than that payable under sub-clause 20(2), by equal annual instalments of principal and interest so that the amount of the payment, together with the interest, will be repaid in 53 years from the beginning of the year next succeeding the year of this agreement in respect of which the payment was made, the first such instalment being payable on or before the end of the year next succeeding the year of this agreement in respect of which the payment was made.\n\n22.\n\nAccounting procedures in respect of the repayment by a State of loan assistance will be as agreed upon between the Minister for Finance of the Commonwealth and the Treasurer of the State or, in default of agreement, as determined by the Minister for Finance of the Commonwealth.\n\n**PART IX—HOME PURCHASE ASSISTANCE**\n\n23.\n\n(1) The Home Purchase Assistance Account established by each State in pursuance of the 1978 Housing Agreement with respect to the States and the 1980 Housing Agreement with respect to the Northern Territory shall continue to be operated by the State for the purpose of this agreement and shall be \"the Account\" referred to in this Part.\n\n(2) The moneys in the Account shall be available for home purchase assistance in accordance with this Part.\n\n24.\n\n(1) Each State will pay into the Account—\n\n(a) payments of loan assistance and grants made to the State that are allocated for home purchase assistance in accordance with this agreement; and\n\n(b) funds from any other source which the State decides to apply on home purchase assistance under this agreement.\n\n(2) The Account shall also be credited with moneys received in the course of home purchase assistance operations provided for by this Part and shall be debited with management costs and other outgoings in respect of those operations.\n\n(3) The excess of the amounts that are received into the Account over payments that are made from the Account in accordance with sub-clause (2) shall be separately identified by the State to the Commonwealth.\n\n25.\n\n(1) A State may use moneys standing to the credit of the Account of the State for—\n\n(a) making repayments of principal and payments of interest in respect of loan assistance under this agreement or, where accounts under previous housing arrangements have been combined into the Account, repayments of principal and payments of interest in respect of loan assistance by the Commonwealth to the State which have been allocated for home purchase assistance under those arrangements;\n\n(b) making repayments of principal and payments of interest in respect of any State funds allocated for home purchase assistance in accordance with paragraph (b) of sub-clause 24(1);\n\n(c) meeting expenditure by the State in providing and administering loans to approved lending authorities;\n\n(d) making loans to—\n\n(i) terminating building societies or co-operative housing societies;\n\n(ii) a lending authority of the State approved by the State Minister;\n\n(iii) registered co-operative organizations approved by the State Minister, not including permanent building societies; and\n\n(iv) such other bodies or organizations, including permanent building societies, as are from time to time agreed upon between the Minister and the State Minister—\n\nfor on-lending to home purchasers;\n\n(e) providing a subsidy to eligible home purchasers or such lending institutions as are from time to time agreed upon by the Minister and the State Minister to reduce the interest cost of loans to the end of the loans;\n\n(f) financing the construction or purchase of dwellings for sale to persons who are eligible for home purchase assistance under this agreement; and\n\n(g) such other purposes as are from time to time agreed upon between the Minister and the State Minister.\n\n(2) In this clause references to societies are to societies registered as societies referred to under the relevant legislation of the State.\n\n26.\n\nThe rate of interest that is charged by the State in respect of so much as is for the time being outstanding on a loan to an agency of the State for the purposes of paragraphs (d), (f) or (g) of clause 25 shall—\n\n(a) be not less than 5 per centum per annum until the end of the first year that wholly occurs after the loan is made;\n\n(b) be increased by ½ per centum per annum at the end of the first year that wholly occurs after the loan is made and by ½ per centum per annum at the end of each subsequent year of the loan until a rate equivalent to 1 per centum per annum below the then current Commonwealth Savings Bank rate for housing loans is reached; and\n\n(c) thereafter be varied for any year of the loan according to any variation for the time being of that Commonwealth Savings Bank rate.\n\n27.\n\n(1) Subject to this clause, it shall be a matter for the State, as it sees fit, to determine the conditions of eligibility and the amounts and conditions that are to apply in respect of loans to persons who are to receive home purchase assistance under this agreement and under previous housing arrangements.\n\n(2) The conditions of eligibility shall be such that assistance is provided to those persons who are not able to obtain mortgage finance assistance in the open market or from other sources.\n\n(3) In determining the amount of a loan and of the repayments, regard shall be had to family income, assets of the borrower and size and standard of the dwelling.\n\n28.\n\nThe State will adopt policies and practices with regard to persons who receive home purchase assistance which are best suited to the achievement of the objective of this agreement with respect to the principles set out in recital (E) which relate to home purchase assistance and may, where practicable, have regard to flexible practices, including those known as—\n\n(a) escalating interest loans with income geared starts;\n\n(b) deferred interest repayment loans;\n\n(c) income geared repayment loans;\n\n(d) high start loans; and\n\n(e) second mortgage lending—\n\nand provisions for variation in repayment in the event of hardship.\n\n29.\n\nEach State will in respect of each year furnish to the Commonwealth by 30 November next occurring after that year a financial statement in respect of operations of the Account which shows the origin of funds received and the manner in which funds were applied and which is certified as to its correctness by a person appointed by the State Minister for that purpose.\n\n**PART X—RENTAL HOUSING ASSISTANCE**\n\n30.\n\nFunds available to a State during any year for its rental housing assistance program (for the purposes of this Part referred to as \"rental housing assistance funds\") shall consist of—\n\n(a) in respect of a year of this agreement, payments of loan assistance and grants that are made under this agreement for rental housing assistance; and\n\n(b) in respect of any year—\n\n(i) any surplus during the year of revenue, after allowing for rental rebates, over outgoings incurred or provided for, arising from rental housing operations of the State under this agreement or previous housing arrangements and to which this agreement applies;\n\n(ii) subject to paragraph (e) of clause 36, net proceeds from sale of rental dwellings; and\n\n(iii) any other funds which the State allocates for rental housing assistance under this agreement.\n\n31.\n\nWithout by this clause conveying any implication that funds are to be made available by the Commonwealth for, or are to be applied by a State for, any particular purpose or in any order or priority, the purposes for which rental housing assistance funds may be used by the State include the following:\n\n(a) To meet the costs of and associated with the acquisition, planning and development of land primarily for residential development;\n\n(b) To pay for the construction or acquisition of housing;\n\n(c) To repay the principal of and pay interest on loan assistance to the State for rental housing assistance;\n\n(d) To provide funds to such voluntary, non-profit, charitable bodies and other housing management bodies or groups as are approved by the State Minister;\n\n(e) To enable housing to be let to such charitable bodies and other organizations as are approved by the State Minister for the provision of assistance to disadvantaged persons;\n\n(f) To engage in urban renewal activities related to public housing;\n\n(g) To allocate funds to local government bodies for the provision of rental housing where the State Minister considers that it would be more appropriate for such rental housing assistance to be carried out by those bodies;\n\n(h) To make payments for, or provide bridging finance for, the provision of open space, landscaping, community facilities and for costs associated with land development, including contributions to headworks and reticulation of services;\n\n(i) To undertake research and policy development in relation to matters not funded by the Australian Research Council;\n\n(j) To undertake and participate in joint ventures, co‑operative enterprises or similar arrangements in order that public housing developments may be integrated with private housing and to achieve a desirable socio-economic mixture of housing;\n\n(k) To lease housing from the private housing sector;\n\n(l) To provide housing advisory services related to public housing;\n\n(m) To provide rental subsidy for eligible persons renting private housing; and\n\n(n) Any other purposes agreed upon between the Minister and the State Minister.\n\n32.\n\nThe conditions of eligibility of persons for rental housing assistance shall be determined by the State and shall ensure that assistance is directed to those applicants most in need of such assistance.\n\n33.\n\nThe State will in respect of the rent for its rental dwellings apply a policy directed to the progressive movement during the term of this agreement of the rent for each dwelling to charging market rent and will review rents at least annually.\n\n34.\n\n(1) Rental rebates are to be granted to tenants who are not able to afford to pay the rent determined in accordance with clause 33.\n\n(2) A uniform rental rebate policy shall be developed by the Commonwealth and the States and shall be applied by each State for the calculation of rental rebates.\n\n35.\n\n(1) Where in respect of any year the rental housing operations of the State result in a surplus of revenue after allowing for rental rebates over outgoings, that surplus shall be separately identified to the Commonwealth and shall be included in rental housing assistance funds as provided in paragraph (b)(i) of clause 30 for application in accordance with clause 31.\n\n(2) Outgoings for the purposes of this clause shall consist of those normally incurred or provided for in rental housing operations and shall include repayments of principal and interest, maintenance, dwelling improvements, municipal rates and administrative expenses.\n\n36.\n\nEach State will determine a policy for the sale of rental dwellings that is consistent with the objective of facilitating home ownership and is upon and subject to the following conditions:\n\n(a) All sales of dwellings shall be at market value or replacement cost, on the basis of a cash transaction, but not so as to preclude the State, if it so wishes, from providing a credit to the tenant in recognition of improvements that the tenant has made to the dwelling;\n\n(b) Home purchase assistance funds may be used to provide finance for the purchase of dwellings;\n\n(c) All proceeds from sales of dwellings shall be separately identified to the Commonwealth;\n\n(d) Net proceeds from sales of dwellings shall generally be applied to construct or purchase replacement dwellings which can be included in rental dwellings for the purpose of this agreement; and\n\n(e) Without prejudice to the generality of (d), net proceeds from sales of dwellings may also be applied for specific housing purposes provided for in this agreement.\n\n37.\n\nEach State will in respect of each year furnish to the Commonwealth by 30 November next occurring after that year a financial statement in respect of operations of its rental housing assistance program during that year which shows the origin of funds received and the manner in which those funds were applied and which is certified as to its correctness by a person appointed by the State Minister for that purpose.\n\n**PART XI—EARMARKED GRANTS**\n\n38.\n\nThe Minister will, in writing under his hand, identify grants to a State as being for rental housing assistance to persons (referred to as \"disadvantaged persons\") of the following disadvantaged categories:\n\n(a) Those in receipt of any of the following pensions, benefits or allowances under the Social Services Act 1947:\n\n(i) Age or invalid pension under Part III;\n\n(ii) Widow's pension under Part IV;\n\n(iii) Supporting parent's benefit under Part IVAAA;\n\n(iv) Special benefit under Division 6 of Part VII;\n\n(v) Sheltered employment allowance under Part VIIA; or\n\n(vi) Training allowance under section 135D payable in respect of a period during which any pension, benefit or allowance referred to in a preceding sub-paragraph payable to the person is suspended in accordance with that section;\n\n(b) Those in receipt of a service pension under section 84 or 85 of the Repatriation Act 1920 and, in the case of a person who is in receipt of a pension under section 85 of that Act, is qualified under sub-section 85(2) of that Act to receive that pension;\n\n(c) Aboriginals in need of rental housing assistance; or\n\n(d) After consultation with the State Minister, any person included in a class of persons which is declared by the Minister in writing under his hand, to be persons in need of assistance to which this Part relates.\n\n39.\n\n(1) Rental dwellings provided with earmarked grants may be sold by a State subject to and in accordance with the provisions of clause 36.\n\n(2) The net proceeds of sale of a rental dwelling under this clause shall be applied only to provide rental housing assistance to persons of the same category as that of the persons to whom rental housing assistance for the provision of the dwelling was granted to the State by the Commonwealth.\n\n(3) This clause shall apply to rental dwellings that have been provided from grants made by the Commonwealth to a State under Part III of the Housing Assistance Act 1978.\n\n40.\n\nA State will furnish to the Commonwealth, as soon as practicable after the end of each financial year, a statement setting out the amounts of earmarked grants expended by the State during the financial year for a purpose referred to in clause 38 and which is certified as to its correctness by a person appointed by the State Minister for that purpose.\n\n**PART XII—SUPERSESSION OF PREVIOUS HOUSING ARRANGEMENTS**\n\n41.\n\nThe provisions of this agreement with respect to rental housing and home purchase assistance shall, except as provided herein, supersede the provisions of the existing Housing Agreements to the intent that this agreement will provide the arrangements between the Commonwealth and each State in relation to the provision of rental housing, including the sale of housing so provided, and to the provision of assistance for home purchasers under the previous housing arrangements and this agreement.\n\n**PART XIII—OBSERVANCE OF AGREEMENT**\n\n42.\n\nThe Commonwealth shall provide for or secure the performance by it and its authorities of the obligations of the Commonwealth under this agreement and each of the States shall provide for or secure the performance by the State and its authorities of the obligations of the State under this agreement.\n\n43.\n\nA State shall determine an agency or agencies (including bodies or organizations that are not authorities of the State) for the performance of this agreement on behalf of the State and acts and things that are done by or with respect to the agency or agencies so determined shall, for the purposes of this agreement, be deemed to have been done by or with respect to the State.\n\n44.\n\nIf the Minister, in writing under his hand, informs the Treasurer of a State he is satisfied that the State has failed to ensure that an amount of financial assistance provided to the State has been applied for the purposes and in the manner provided for by this agreement with respect to that financial assistance, the State will repay that amount, or such part of that amount as the Minister thinks reasonable, to the Commonwealth.\n\n45.\n\nIf a State fails for any reason to meet the requirement for the provision by it of matching funds in accordance with Part VI with respect to any financial assistance that has been provided to it, the State will upon request by the Minister, in writing under his hand, repay to the Commonwealth the amount of that financial assistance or so much of that amount as is specified in the request.\n\n**PART XIV—SUPPLY OF INFORMATION**\n\n46.\n\nA State Minister will, upon request by the Minister, supply to the Minister such information relevant to the operation of this agreement in respect of the State as is reasonably so requested.\n\n**PART XV—VARIATION OF AGREEMENT**\n\n47.\n\n(1) The provisions of Part VII, IX, X or XI of this agreement may be varied as between the Commonwealth and a State by agreement in writing between the Minister and the State Minister.\n\n(2) A copy of an agreement or copies of the documents which constitute an agreement under sub-clause (1) shall be tabled in the Parliaments of the Commonwealth and of the State within 15 sitting days of respective Parliaments from the date upon which the agreement is made.\n\n(3) An agreement under sub-clause (1) shall not affect the operation of this agreement as between the Commonwealth and the States other than that with which the agreement has been made.\n\n**PART XVI—REPRESENTATION AND COMMUNICATIONS**\n\n48.\n\n(1) The Commonwealth shall, subject to sub-clause (2), be represented for the purposes of this agreement by the Department of Housing and Construction and the Minister shall notify the State Minister of the address of that Department and of any change at any time of that address.\n\n(2) In the event that the administration of this agreement for the Commonwealth is allocated to a Minister other than the Minister for Housing and Construction, the Commonwealth shall be represented by the Department administered by that other Minister and that Minister shall notify the State Minister of the address of that Department.\n\n49.\n\nThe State shall be represented for the purposes of this agreement by the Department administered by the State Minister and the State Minister shall notify the Minister of the address of that Department and of any change at any time of the Department or of the address.\n\n50.\n\n(1) A notice or other communication under or in connexion with this agreement shall be duly given if it is in writing signed by or on behalf of, or attributed to, the head of the Department by which it is given and addressed to or delivered at the address of the Department to which it is directed.\n\n(2) For the purposes of this clause writing includes a teleprinter message and the address for such a message shall be the teleprinter address of the receiving Department.\n\n(3) A notice or other communication shall be given under this clause when it is received in the appropriate form by the Department to which it is directed.\n\n**SCHEDULE**\n\nClause 6\n\n**EXISTING HOUSING AGREEMENTS**\n\n1. The 1945 Agreement\n\nAgreement made 19 November 1945 between the Commonwealth and the States to which Tasmania is not now a party—Act No. 44 of 1945.\n\n2. The 1955 Agreement\n\nSupplemental Agreement made 16 April 1955 between the Commonwealth and the States other than Tasmania—Act No. 12 of 1955.\n\n3. The 1956 Agreement\n\nAgreement made 13 February 1956 between the Commonwealth and the States—Act No. 43 of 1956.\n\n4. The 1961 Agreement\n\nAgreement made 4 October 1961 between the Commonwealth and the States—Act No. 31 of 1961.\n\n5. The 1966 Agreement\n\nAgreement made 21 December 1966 between the Commonwealth and the States—Act No. 24 of 1966.\n\n6. The 1973 Agreement\n\nAgreement made 17 October 1973 between the Commonwealth and the States—Act No. 43 of 1973.\n\n7. The 1974 Agreement\n\nSupplemental Agreement made 20 December 1974 between the Commonwealth and the States—Act No. 102 of 1974.\n\n8. The 1978 Agreement\n\nAgreement made 17 October 1978 between the Commonwealth and the States—Act No. 79 of 1978.\n\n9. The 1980 Northern Territory Agreement\n\nAgreement made 11 March 1980 between the Commonwealth and the Northern Territory.\n\nIN WITNESS WHEREOF this agreement has been signed for and on behalf of the parties respectively as at the day and year first above written.\n\n| SIGNED by the Honourable NEIL ANTHONY BROWN, the Minister acting for and on behalf of the Attorney-General of the Commonwealth of Australia, acting, by the Authority of the Governor-General in Council, in the stead of the Prime Minister in the presence of—<br>P. MILLER | ⎫   ⎪   ⎪   ⎬   ⎪   ⎪   ⎭ | N. A. BROWN |\n| SIGNED by the Honourable NEVILLE KENNETH WRAN, Premier of the State of New South Wales, in the presence of—<br>TERRY SHEAHAN | ⎫   ⎬   ⎭ | NEVILLE WRAN |\n\n| SIGNED by the Honourable LINDSAY HAMILTON SIMPSON THOMPSON, Premier of the State of Victoria, in the presence of—<br>KEN GREEN | ⎫   ⎬   ⎪   ⎭ | L. H. S. THOMPSON |\n| SIGNED by the Honourable JOHANNES BJELKE-PETERSEN, Premier of the State of Queensland, in the presence of—<br>N. HITCHINS | ⎫   ⎬   ⎭ | JOH. BJELKE-PETERSEN |\n| SIGNED by the Honourable DAVID OLIVER TONKIN, Premier of the State of South Australia, in the presence of—<br>MURRAY HILL | ⎫   ⎬   ⎭ | DAVID TONKIN |\n| SIGNED by the Honourable SIR CHARLES WALTER MICHAEL COURT, Premier of the State of Western Australia, in the presence of—<br>IAN LAURANCE | ⎫   ⎬   ⎪   ⎭ | CHARLES COURT |\n| SIGNED by the Honourable HAROLD NORMAN HOLGATE, Premier of the State of Tasmania, in the presence of—<br>G. HART | ⎫   ⎬   ⎭ | HARRY HOLGATE |\n| SIGNED by the Honourable PAUL ANTHONY EVERINGHAM, Chief Minister and Attorney-General of the Northern Territory of Australia, in the presence of—<br>H. ZEHENDER | ⎫   ⎪   ⎬   ⎪   ⎭ | P. EVERINGHAM |\n\nSch. 3A inserted by No. 10259 s. 10.\n\n","sortOrder":168},{"sectionNumber":"Sch 3A","sectionType":"schedule","heading":"Agreement between the Commonwealth of Australia, the States and the Northern Territory relating to housing (1984‑1993)","content":"Schedule 3A—Agreement between the Commonwealth of Australia, the States and the Northern Territory relating to housing (1984‑1993)\n\nAN AGREEMENT made the 12th day of March One thousand nine hundred and eighty-five between—\n\nTHE COMMONWEALTH OF AUSTRALIA of the first part,\n\nTHE STATE OF NEW SOUTH WALES of the second part,\n\nTHE STATE OF VICTORIA of the third part,\n\nTHE STATE OF QUEENSLAND of the fourth part,\n\nTHE STATE OF WESTERN AUSTRALIA of the fifth part,\n\nTHE STATE OF SOUTH AUSTRALIA of the sixth part,\n\nTHE STATE OF TASMANIA of the seventh part, and\n\nTHE NORTHERN TERRITORY OF AUSTRALIA of the eighth part.\n\nWHEREAS:\n\n(A) the Commonwealth and the States of Australia have from time to time entered into agreements for the purpose of the provision by the States with financial assistance from the Commonwealth of housing;\n\n(B) by an agreement between the Commonwealth, the States of Australia and the Northern Territory of Australia dated the twenty-third day of December 1981, being the agreement authorised to be executed on behalf of the Commonwealth by the Housing Assistance Act 1981 of the Commonwealth Parliament and being the last of the agreements referred to in Recital (A), provision was so made with respect to the five years commencing on the 1st July 1981;\n\n(C) the Ministers of the respective governments throughout Australia who are responsible for housing have agreed upon the provision of rental housing assistance and home purchase assistance in the various States and in the Northern Territory during the ten years commencing on the 1st July 1984;\n\n(D) the primary principle of this agreement is to ensure that every person in Australia has access to adequate and appropriate housing at a price within his or her capacity to pay by seeking to:\n\n1. alleviate housing-related poverty; and\n2. ensure that housing assistance is, as far as possible, delivered equitably to persons resident in different forms of housing tenure;\n\nin implementing this principle, assistance provided under the agreement will also reflect the following detailed principles:\n\n(a) Assistance Generally\n\nthe primary consideration in delivering housing assistance under this agreement will be the needs of people, rather than to attach assistance to particular dwellings or categories of dwellings;\n\nhousing assistance provided under this agreement will be available to all sections of the community irrespective of age, sex, marital status, race, religion, disability or life situation. However, priority in granting assistance shall be determined by the need for assistance;\n\nin delivering housing assistance, as far as possible, people should be given an equal choice between the types of housing assistance available;\n\nhousing assistance programs developed under this agreement should be designed so that maximum social benefit is derived from previous investment in housing;\n\nhousing assistance provided under this agreement should be co-ordinated with housing assistance programs that are developed outside this agreement;\n\n(b) Public Rental Housing\n\nprograms and funding arrangements under this agreement should seek to develop the public housing sector as a viable and diversified form of housing choice and refrain from discrimination;\n\nprograms and funding arrangements under this agreement shall be developed so as to increase progressively the availability of public housing to a level commensurate with the need for it in the community;\n\npublic housing should reflect general community housing standards and should be accessible to community and other services. Poor location of dwellings, an inadequate range of choice of dwellings, and stigmatisation of the status of public tenants should be avoided to the maximum extent practicable;\n\npublic housing stock should, as far as possible, be designed to cater for the needs and preferences of current and likely future applicants;\n\nclear recognition should be accorded to the separate but complementary roles of:\n\n1. capital expenditure on constructing and acquiring dwellings;\n2. financing of rental operations;\n3. managing rental operations including assistance for tenants; and\n4. sales of dwellings;\n\nthe design, style and siting of public housing will, to the maximum extent practicable:\n\n1. reflect the need for accessibility and suitability for habitation by disabled persons, Aboriginals, youth, the elderly, or other identified groups; and\n2. support the energy conservation policies of the governments;\n\npublic housing authorities should ensure that tenants have maximum opportunity to participate in the management of their dwellings and estates and in the development of public housing policies;\n\n(c) Income-Related Assistance to Tenants\n\nprograms developed under this agreement should recognise the problems created by the inability of some tenants to afford adequate rental accommodation in both public and private rental sectors;\n\nassistance measures in the public rental sector should be co‑ordinated with assistance to private tenants and should recognise the income support nature of the assistance and the inter-relationship of this assistance with Commonwealth assistance to pensioners and other beneficiaries under the Social Security Act 1947;\n\n(d) Home Ownership Assistance\n\nassistance under this agreement shall seek to provide home ownership opportunities for those unable to obtain or maintain affordable finance from the private sector or from other sources outside the agreement;\n\n(e) Implementation\n\nthe State will be able to exercise maximum autonomy and flexibility in developing the administrative arrangements necessary to achieve these principles;\n\n(E) the Ministers referred to in Recital (C) recognise the relationship between the principles and policies reflected in this agreement and the need to co-ordinate these with those affecting generally home purchasers and tenants including tenants in private housing and in emergency and supported accommodation;\n\n(F) it is proposed that in order to implement the agreement of the Ministers the Commonwealth will grant to the States financial assistance under section 96 of the Commonwealth of Australia Constitution and like assistance to the Northern Territory and that the terms and conditions on which the grant of financial assistance should be made are those set out in this agreement;\n\n(G) the Commonwealth the States and the Northern Territory have decided that the agreement referred to in Recital (B) shall cease to operate on and from the first day of July 1984 and to vary in certain respects the operation of the agreements which have been entered into as aforesaid; and\n\n(H) the Parliament of the Commonwealth has authorised the execution by and on behalf of the Commonwealth of this agreement and the provision of financial assistance to the States in accordance with its provisions.\n\nNOW IT IS HEREBY AGREED as follows:\n\n**PART I—OPERATION OF AGREEMENT**\n\n1.\n\n(1) This agreement shall come into force in respect of the Commonwealth and of a State when it has been signed on behalf of the Commonwealth and has been signed on behalf of the State with the authority of the Parliament of the State or, having been signed on behalf of the State without the authority, is approved by the Parliament of the State.\n\n(2) This agreement shall come into force in respect of the Commonwealth and the Northern Territory when it has been signed on behalf of the Commonwealth and has been signed on behalf of the Northern Territory.\n\n(3) Notwithstanding that in this agreement all the States of New South Wales, Victoria, Queensland, Western Australia, South Australia and Tasmania and the Northern Territory are named as parties, this agreement shall operate as an agreement between the Commonwealth and the party or parties in respect of which it comes into force as fully and effectually as if the party or parties in respect of which it comes into force were the only party or parties so named other than the Commonwealth.\n\n(4) Except for obligations arising under Part VIII of the agreement referred to in Recital (B) and unperformed prior to the first day of July 1984 that agreement shall be deemed to have ceased to operate on and from that date.\n\n2.\n\nActs and things provided for by this agreement which have been done or carried out by or with respect to a State or the Northern Territory in accordance with and in anticipation of its coming into force in respect of that State or Territory shall be deemed to have been done or carried out under this agreement as if it were in force at the relevant time or times in respect of that State, or that Territory, as the case may be.\n\n**PART II—PARTIES**\n\n3.\n\n(1) In this agreement, subject to this clause and except where the context otherwise indicates—\n\n(a) **\"the Commonwealth\"** means the Commonwealth of Australia as the party to this agreement;\n\n(b) each State named as a party in respect of which this agreement comes into force is referred to as a \"State\" and, except where the context otherwise indicates, \"the States\" means all of those States; and\n\n(c) **\"the Northern Territory\"** means the Northern Territory of Australia as the party to this agreement.\n\n(2) A reference to a State in this Part and in the succeeding clauses of this agreement shall, except where the contrary intention appears and according to the requirements of the context, be deemed to include a reference to the Northern Territory.\n\n4.\n\nWhere in an existing Housing Agreement included in the Schedule the word \"State\" or the expression \"the States\" means a State or the States in respect of which that Agreement is in force, that word and that expression shall mean respectively, for the purposes of the operation of that Agreement, a State or the States in respect of which this agreement has come into force.\n\n**PART III—INTERPRETATION**\n\n5.\n\n(1) In this agreement—\n\n**\"the Minister\"** means the Minister of State of the Commonwealth for the time being responsible for the administration of this agreement for the Commonwealth; and\n\n**\"the State Minister\"** means the Minister of State of a State for the time being responsible for the administration of this agreement for the relevant State.\n\n(2) A reference in this agreement to a Minister includes a Minister or other member of the Federal Executive Council or Minister of the relevant State, as the case may require, acting on behalf of or for the time being acting for the Minister referred to.\n\n6.\n\nIn this agreement, unless the contrary intention appears or the context otherwise requires—\n\n**\"dwelling\"** means a dwelling-house or flat and includes such fences, outbuildings and other improvements and such connexions for sewerage, drainage, water, electricity, gas and other services as are provided or are reasonably required to be provided for the dwelling-house or flat;\n\n**\"home purchaser\"** means—\n\n(a) a person purchasing with assistance under Part IX, housing including rental housing; or\n\n(b) a person who is a rental purchaser;\n\n**\"housing\"** means residential housing including dwellings and other forms of residential accommodation;\n\n**\"person\"** includes a body, co-operative, group or other organisation whether incorporated or not;\n\n**\"previous housing arrangements\"** means the provisions in relation to housing—\n\n(a) that were made—\n\n(i) by the existing Housing Agreements;\n\n(ii) by the States Grants (Housing) Act 1971, the Housing Assistance Act 1973, the Housing Assistance Act 1978, the States (Works and Housing) Assistance Act 1982 and the States (Works and Housing) Assistance Act 1983; and\n\n(iii) under any arrangements entered into pursuant to the Special Employment-related Programs Act 1982; and\n\n(b) that are made by legislation passed hereafter by the Commonwealth Parliament under which financial assistance is made available to the State for housing but on terms and conditions specified in this agreement;\n\n**\"rental housing\"** means housing for rental which has been provided under the previous housing arrangements or is provided under this agreement and \"rental dwelling\" means a dwelling that is included in rental housing;\n\n**\"rental purchase\"** means a purchase under a terms contract of sale;\n\n**\"rental purchaser\"** means a person purchasing under a terms contract of sale;\n\n**\"the Commonwealth Act\"** means the legislation of the Commonwealth Parliament by which this agreement is authorised to be executed by or on behalf of the Commonwealth;\n\n**\"the existing Housing Agreements\"** means the Agreements set out in the first Schedule and where the singular is used means such one or other of those Agreements as the context requires; and\n\n**\"year\"** means a period of twelve months commencing on the first day of July.\n\n7.\n\nIn this agreement, unless the contrary intention appears—\n\n(a) a reference to a Part or to a clause is to a Part or to a clause of this agreement, as the case may be;\n\n(b) a reference to a sub-clause is, unless otherwise indicated, to the relevant sub-clause of the clause in which the reference appears;\n\n(c) each of the Schedules referred to is a Schedule to the agreement;\n\n(d) words importing a gender include every other gender;\n\n(e) words in the singular number include the plural and vice versa; and\n\n(f) a reference to a date on or by which a thing is to be one shall, if that date falls on a Saturday, Sunday, public holiday or bank holiday in the place in which the thing is to be done, be read and construed as if the reference was to the day immediately preceding that day which is not a Saturday, Sunday, public holiday or bank holiday in that place.\n\n**PART IV—OBJECTIVE OF AGREEMENT**\n\n8.\n\nThe objective of this agreement is the provision by the States and by the Northern Territory with financial assistance from the Commonwealth of housing assistance for rental housing and for home purchase in accordance with, and in fulfilment of, the principles set out in Recital (D).\n\n**PART V—FINANCIAL ASSISTANCE**\n\n9.\n\n(1) In order to assist the States in the achievement of the objective of this agreement, the Commonwealth will, upon and subject to the provisions of this agreement, provide to the States during the years of this agreement financial assistance for housing purposes (hereinafter in this agreement referred to as \"financial assistance\") by way of interest bearing repayable advances (\"loan assistance\") or interest free non-repayable grants (\"grants\").\n\n(2) The years of this agreement shall be the ten years commencing on the first day of July in the years 1984, 1985, 1986, 1987, 1988, 1989, 1990, 1991, 1992 and 1993.\n\n10.\n\nThe Commonwealth will provide base financial assistance to the States—\n\n(a) in respect of the first year of this agreement—totalling Five hundred and thirty million dollars ($530 000 000) and consisting of—\n\n(i) Thirty-five million dollars ($35 000 000) by way of grants for pensioner rental housing assistance under Part XI; and\n\n(ii) Four hundred and ninety-five million dollars ($495 000 000) by way of grants for untied assistance;\n\n(b) in respect of each of the immediately following two years—Five hundred and ten million dollars ($510 000 000) of which ten million dollars is to be for expenditure in accordance with clause 35 on the local government and community housing program; and\n\n(c) in respect of each of the remaining years of the agreement—an amount determined by the Minister by writing signed by him.\n\n11.\n\nThe Commonwealth may provide to the States out of moneys appropriated by the Commonwealth Parliament for the purpose, in addition to any base financial assistance provided in any year, financial assistance for home purchase assistance, rental housing assistance and specific housing assistance in accordance with Part XI.\n\n12.\n\nIn relation to the years of this Agreement other than the first, the financial assistance provided by the Commonwealth to the States out of the moneys appropriated by the Commonwealth Parliament for the purpose shall be in such proportions by way of grants and loan assistance, normally involving not less than 75% of the former, as the Minister determines in writing.\n\n13.\n\nIn and for the purposes of this agreement—\n\n(a) financial assistance to be provided under clause 10 shall be known as \"base financial assistance\";\n\n(b) financial assistance in addition to base financial assistance and shall be known as \"additional financial assistance\";\n\n(c) the following grants shall be known as \"specific housing assistance grants\"—\n\n(i) base financial assistance under sub-paragraph (a)(i) of clause 10;\n\n(ii) base financial assistance of an amount of ten million dollars in each of the two years referred to in paragraph (b) of clause 10;\n\n(iii) so much of other base financial assistance under paragraphs (b) and (c) of clause 10 as is authorized for expenditure under clause 35; and\n\n(iv) so much of additional financial assistance authorized for expenditure under clause 35; and\n\n(d) financial assistance, other than specific housing assistance grants, shall be known as \"untied assistance\".\n\n14.\n\nFinancial assistance shall be allocated between the States in such manner as is provided by the Commonwealth Act and it shall be a condition with respect to the provision of untied assistance that a State will match the amount of that financial assistance from its own resources in accordance with Part VI.\n\n**PART VI—STATE MATCHING FUNDS**\n\n15.\n\n(1) In relation to untied assistance a State will provide from its own resources and apply funds (\"matching funds\") in accordance with this Part.\n\n(2) The matching funds of a State to be provided under this Part shall be—\n\n(a) in respect of the first year of this agreement—an amount equal to the State's share of Four hundred and fifty million dollars ($450 000 000) of untied assistance, calculated pro rata with the allocation of the total of untied assistance to the State by or under the Commonwealth Act;\n\n(b) in respect of each of the other years of this agreement—an amount equal to the amount of untied assistance that is provided to the State during each of those years.\n\n(3) Each State will by the fifteenth day of October in each year of this agreement furnish to the Commonwealth in a reasonable form to be determined by the Minister after consultation with the State Minister for the agreement of the Minister proposals for the provision and application of matching funds during that year.\n\n(4) Subject to sub-clauses (5), (6) and (7), matching funds in respect of a State may include—\n\n(a) surpluses resulting from rental housing assistance activities by the State under previous housing arrangements and, in the case of this agreement, any surplus or net proceeds referred to in sub-paragraphs 29(b)(i) and 29(b)(ii) respectively, but not including proceeds of a sale after the first day of July 1984 of housing or land obtained by the State under those arrangements and this agreement;\n\n(b) revolving funds resulting from home purchase assistance activities under previous housing arrangements and under this agreement;\n\n(c) allocations from—\n\n(i) consolidated revenue funds;\n\n(ii) loan funds;\n\n(iii) trust funds and other special accounts in the public account of the State to the extent that those funds have been financed from State resources, including deposits with the State Treasury;\n\n(iv) borrowings by instrumentalities of the State under the terms of the Commonwealth-State arrangements associated with the Financial Agreement and known as the Gentlemen's Agreement; and\n\n(v) appropriation from surpluses of authorities and instrumentalities of the State other than those referred to in paragraphs (a) and (b) of this sub-clause; and\n\n(d) any other amount, including an amount exempted from State taxes or forgone pursuant to this agreement, that is agreed upon for the purposes of this paragraph by the Minister and the State Minister.\n\n(5) Except as provided in sub-clause (4) matching funds shall not be derived from financial assistance under this agreement.\n\n(6) There shall not be included in the calculation of surpluses referred to in paragraph (a) of sub-clause (4) amounts applied by the State in accordance with paragraph (n) of clause 30.\n\n(7) Matching funds shall not include funds which have been used to match financial assistance provided by the Commonwealth otherwise than under this agreement or previous housing arrangements.\n\n16.\n\nMatching funds in respect of a State other than those referred to in paragraphs (a) and (b) of sub-clause 15(4) shall be applied by the State on such housing programs of the State, in accordance with Recital (D), but not necessarily being programs for which this agreement provides, as are from time to time agreed between the Minister and the State Minister.\n\n17.\n\nAn amount exempted or forgone by the State shall be deemed for the purpose of clauses 15 and 16 to have been applied or expended respectively by that State in that year.\n\n**PART VII—FINANCIAL ASSISTANCE ARRANGEMENTS**\n\n18.\n\n(1) Each State will, not later than the thirtieth day of November preceding the beginning of a year of this agreement, inform the Minister in a reasonable form determined by the Minister after consultation with the State Minister of the amounts of financial assistance that the State wishes the Commonwealth to provide to it in respect of the year for home purchase assistance, rental housing assistance programs and specific housing assistance and at the same time will provide estimates of financial performance and planned programs for the year and revised estimates of that performance and those programs for the then current year.\n\n(2) The Minister and the State Minister will consult as appropriate concerning the provision of financial assistance to the State, including additional financial assistance.\n\n(3) In those consultations consideration shall be given to State requirements and practices.\n\n19.\n\n(1) Financial assistance in respect of a year of this agreement shall be made available to a State during that year by regular monthly instalments unless otherwise agreed between the Minister and the Treasurer of the State.\n\n(2) If, following consultation with the State Minister, the Minister is of the opinion that it is appropriate to do so, he may withhold a payment of financial assistance to a State which fails to comply with any of sub-clauses 15(3), 18(1), 43(1) or 43(2) until the State remedies that failure.\n\n20.\n\nThe State Minister will determine in accordance with Recital (D) in each year the allocation between home purchase assistance and rental housing assistance of the total amount of loan assistance and of grants of united assistance to be provided by the Commonwealth to a State in that year and may at any time during a year vary the determination in respect of that year.\n\n**PART VIII—INTEREST AND REPAYMENTS OF LOAN ASSISTANCE**\n\n21.\n\n(1) Each payment of loan assistance to a State or so much of each payment as for the time being remains unrepaid to the Commonwealth will, until repayment as provided in clause 22, bear interest at the rate of 4½ per centum per annum computed from the date upon which the payment is made.\n\n(2) A State will on the thirty-first day of December and the thirtieth day of June of a year during which payments of loan assistance are made to the State under this agreement pay to the Commonwealth the interest that has accrued on those payments up to the date of the payment of the interest.\n\n22.\n\nEach State will repay to the Commonwealth the amount of each payment of loan assistance to the State and will pay interest thereon as provided in clause 21, other than that payable under sub-clause 21(2), by equal annual instalments of principal and interest so that the amount of the payment, together with the interest, will be repaid in 53 years from the beginning of the year next succeeding the year of this agreement in respect of which the payment was made, the first such instalment being payable on or before the end of the year next succeeding the year of this agreement in respect of which the payment was made.\n\n23.\n\nAccounting procedures in respect of the repayment by a State of loan assistance will be as agreed upon between the Minister for Finance of the Commonwealth and the Treasurer of the State or, in default of agreement, as determined by the Minister for Finance of the Commonwealth.\n\n**PART IX—HOME PURCHASE ASSISTANCE**\n\n24.\n\n(1) The Home Purchase Assistance Account established by each State in pursuance of the 1978 Housing Agreement with respect to the State and the 1980 Housing Agreement with respect to the Northern Territory shall continue to be operated by the State for the purpose of this agreement and shall be \"the Account\" referred to in this Part.\n\n(2) The moneys in this Account shall be made available for home purchase assistance in accordance with this Part.\n\n25.\n\n(1) Each State will pay into the Account—\n\n(a) payments of loan assistance and grants made to the State that are allocated for home purchase assistance in accordance with this agreement; and\n\n(b) funds from any other source which the State decides to apply on home purchase assistance under this agreement.\n\n(2) The Account shall also be credited with moneys received in the course of home purchase assistance operations provided for by this Part and shall be debited with management costs and other outgoings in respect of those operations.\n\n26.\n\n(1) A State may use moneys in accordance with Recital (D) standing to the credit of the Account of the State for—\n\n(a) making repayments of principal and payments of interest in respect of loan assistance under this agreement or, where accounts under previous housing arrangements have been combined into the Account, repayments of principal and payments of interest in respect of loan assistance by the Commonwealth to the State which have been allocated for home purchase assistance under those arrangements.\n\n(b) making repayments of principal and payments of interest in respect of any State funds allocated for home purchase assistance in accordance with paragraph (b) of sub-clause 25(1);\n\n(c) meeting expenditure by the State in providing and administering home purchase assistance;\n\n(d) making loans and grants to—\n\n(i) terminating building societies or co-operative housing societies;\n\n(ii) a lending authority of the State approved by the State Minister;\n\n(iii) registered co-operative organisations including permanent building societies approved by the State Minister; and\n\n(iv) such other class or classes of bodies or organisations as are from time to time agreed upon between the Minister and the State Minister, for the provision of home purchase assistance;\n\n(e) providing in implementation of clause 27 a subsidy to a class or classes of home purchasers and such lending institutions as are from time to time agreed upon by the Minister and the State Minister to reduce the cost to home purchasers of interest;\n\n(f) financing the construction and purchase of dwellings, including the purchase of dwellings from home purchasers, and financing purchases by home purchasers who are borrowers;\n\n(g) purchasing housing, including private housing, for sale to rental purchasers and financing such sales;\n\n(h) the acquisition by the State of replacement housing of a value equal to the amount for which the State sells rental housing to home purchasers;\n\n(i) urban renewal, housing advisory services and research and policy development in relation to matters not funded by the Australian Housing Research Council;\n\n( j) expenditure in accordance with Part XI; and\n\n(k) such other purposes as are from time to time agreed upon by the Minister and the State Minister.\n\n(2) In this clause references to societies are to societies registered as societies referred to under the relevant legislation of the State.\n\n27.\n\n(1) The State shall ensure that—\n\n(a) the rate of interest that is charged in respect of so much as is for the time being outstanding on a loan or under a terms contract of sale, as the case may be, to a home purchaser shall be the rate that is from time to time agreed between the Minister and the State Minister having regard to the then ruling minimum Commonwealth Savings Bank market rate for housing loans and other factors as are for this purpose from time to time agreed;\n\n(b) the minimum amount in annual repayments or payments, repayable or payable on a loan or rental purchase, as the case may be, shall be the lesser or—\n\n(i) the annual amount that would be payable under a credit foncier loan with a term of twenty-five years and at the interest rate referred to in paragraph (a); or\n\n(ii) twenty per centum of the gross annual income of the home purchaser and, if applicable, the husband or wife of the home purchaser or of a person living with the home purchaser as his or her spouse on a bona fide domestic basis although not legally married to him or her;\n\n(c) for the purpose of paragraph (b), a review of gross income of home purchasers is undertaken triennially or at intervals as agreed between the Minister and State Minister and that repayments are also adjusted at least annually over the life of the loan or rental purchase by an amount or amounts, unless otherwise agreed, not less than the proportional change or changes in the Consumer Price Index or other economic index agreed from time to time between the Minister and the State Minister;\n\n(d) subject to sub-clause (3) there is recovered from the home purchaser the amount by which in a year interest accruing in respect of the year at the rate referred to in this clause on the outstanding amount of the loan or rental purchase exceeds the amount of interest paid in that year;\n\n(e) in relation to assistance under the First Home Owners Act 1983 payable by instalments to a home purchaser—\n\n(i) the home purchaser requests that those instalments be paid to the lender or vendor, as the case may be; and\n\n(ii) regard not be had to receipt by the vendor or lender of those instalments for the purpose of causing the amount of annual payments or repayments to fall below that for which this clause provides; and\n\n(f) the provisions of this sub-clause and of sub-clause (2) are made applicable to any assistance for which this Part provides and which is made available on or after the first day of July 1985 unless prior to that date another date is agreed between the Minister and the State Minister.\n\n(2) In accordance with Recital (D) the State may require that the minimum amount in annual repayments or payments be greater than that specified in paragraph (b) of sub-clause (1).\n\n(3) The State Minister is to determine guidelines setting out circumstances in which recovery referred to in paragraph (d) of sub-clause (1) shall not be required. In so determining regard shall be had to movements in housing prices and in the income of home purchasers.\n\n(4) The State may cause the provisions of any of the preceding sub-clauses except paragraph (f) of sub-clause (1) to be reflected in the terms of loans made under prior arrangements.\n\n28.\n\n(1) Subject to clause 27, it shall be a matter for the State—\n\n(a) to determine in accordance with Recital (D) eligibility and the amounts and conditions that are to apply, in respect of loans or rental purchase to persons who are to receive home purchase assistance under this agreement and under previous housing arrangements but in this connexion regard shall be had to family income, assets of the borrower and size and standard of the housing and its location; and\n\n(b) to adopt other lending practices including capital indexed loans, high start loans and second mortgage lending which are best suited to achieve the principles of this agreement.\n\n(2) The conditions of eligibility shall be such that assistance is provided to those persons who are not able to obtain mortgage finance assistance in the open market or from other sources.\n\n(3) The State may reschedule repayments by borrowers or rental purchasers in the event of hardship.\n\n**PART X—RENTAL HOUSING ASSISTANCE**\n\n29.\n\nFunds available to a State during any year for its rental housing assistance program (for the purposes of this Part referred to as \"rental housing assistance funds\") shall consist of—\n\n(a) in respect of a year of this agreement, payments of loan assistance and grants that are made under this agreement for rental housing assistance; and\n\n(b) in respect of any year—\n\n(i) any surplus during the year of revenue, after allowing for rent forgone, over outgoings incurred or provided for, arising directly from rental housing operations of the State under this agreement or previous housing arrangements and to which this agreement applies;\n\n(ii) net proceeds from sale of rental housing and land acquired under previous housing arrangements or this agreement; and\n\n(iii) any other funds which the State allocates for rental housing assistance under this agreement.\n\n30.\n\nWithout by this clause conveying any implication that funds are to be made available by the Commonwealth for, or are to be applied by a State for, any particular purpose or in order of priority, the purposes for which rental housing assistance funds may be used by the State in accordance with Recital (D) include the following—\n\n(a) to meet the costs of and associated with the acquisition, planning and development of land primarily for residential development;\n\n(b) to pay for the construction or acquisition of housing;\n\n(c) to repay the principal of and pay interest on loan assistance to the State for rental housing assistance;\n\n(d) to provide funds to such voluntary, non-profit, charitable bodies, rental housing co-operatives and other housing management bodies or groups as are approved by the State Minister;\n\n(e) to enable housing to be let to such charitable bodies, rental housing co-operatives and other organisations as are approved by the State Minister;\n\n(f) to engage in urban renewal activities related to public housing;\n\n(g) to allocate funds to local government bodies for the provision of rental housing where the State Minister considers that it would be more appropriate for such rental housing assistance to be carried out by those bodies;\n\n(h) to make payments for, or provide bridging finance for, the provision of open space, landscaping, community facilities and for costs associated with land development, including contributions to headworks and reticulation of services;\n\n(i) to undertake research and policy development in relation to matters not funded by the Australian Housing Research Council;\n\n(j) to undertake and participate in joint ventures, co-operative enterprises or similar arrangements in order that public housing developments may be integrated with private housing and to achieve a desirable socio-economic mixture of housing;\n\n(k) to lease housing from the private housing sector;\n\n(l) to provide housing advisory services related to public housing;\n\n(m) to provide rental subsidy for eligible persons renting private housing;\n\n(n) noting that the Commonwealth assists pensioners and other beneficiaries in the private rental market, to supplement, up to an amount determined in writing by the Minister in respect of each year, rental revenue reduced by the operation of clause 33 in respect of pensioners and other beneficiaries under the Social Security Act 1947;\n\n(o) expenditure in accordance with Part XI; and\n\n(p) any other purposes agreed upon between the Minister and the State Minister.\n\n31.\n\nThe conditions of eligibility of persons for rental housing assistance shall be determined by the State in accordance with Recital (D) and so that priority in granting assistance is determined by the need for assistance.\n\n32.\n\n(1) Subject to sub-clause (2) and clause 33, the State will in respect of its rental housing apply a policy of fixing rents at a level not less than that which would result from an application of the formula set out in the Second Schedule, and also review those rents at least annually.\n\n(2) If the State wishes, it may phase in the said policy over a period of three years or other period which takes into account the level of rents prevailing in the private rental market and is agreed to between the Minister and the State Minister.\n\n33.\n\nThe State shall forgo the collection of so much of rents fixed in accordance with clause 32 as it considers that tenants having regard primarily to their income are not able to afford to pay.\n\n34.\n\n(1) A State may sell rental housing but such sales, if any, shall be in accordance with Recital (D) and subject to the following conditions—\n\n(a) all sales of housing shall be at market value or replacement costs at the time of the sale but not so as to preclude the State, if it so wishes, from providing a credit to the tenant in recognition of improvements that the tenant has made to the housing except that, in the case of any body, co-operative, group or other organisation which makes available rental housing provided under this agreement and in respect of which it is agreed between the Minister and the State Minister, sales need not be at that value or cost;\n\n(b) in all sales of rental housing, the vendor is, at or prior to the date of the sale, to have received an amount calculated in accordance with paragraph (a);\n\n(c) in the case of a rental purchase, home purchase assistance funds are to used to enable the vendor to receive an amount referred to in paragraph (b); and\n\n(d) net proceeds from sales of housing shall be applied to construct or purchase replacement housing which is to be included in rental housing for the purpose of this agreement.\n\n(2) The State will ensure that if any body, co-operative, group or other organisation which acquires housing with rental housing assistance funds or acquires at other than market value or replacement cost, rental housing from the State, sells, otherwise disposes of, or uses that housing for a purpose other than rental housing as provided for under this Part, it shall repay to the State an amount equal to the net proceeds from the sale, at market value or replacement cost, of that housing.\n\n**PART XI—SPECIFIC HOUSING ASSISTANCE**\n\n35.\n\nThe Minister may, in writing under his hand authorize, subject to guidelines made consistently with this agreement and agreed between the Minister and State Minister relating to the following programs including guidelines as to the provision of any funds by the State in relation to each program, grants to the State for expenditure on—\n\n(i) rental housing assistance for pensioners;\n\n(ii) rental housing assistance for Aboriginals;\n\n(iii) mortgage and rent relief;\n\n(iv) crisis accommodation;\n\n(v) local government and community housing;\n\n(vi) any other program determined by the Minister following consultation with the States.\n\n36.\n\n(1) Rental housing provided with grants for specific housing assistance may be sold by a State subject to and in accordance with the provisions of clause 34.\n\n(2) Unless otherwise agreed by the Minister the net proceeds of sale of rental housing provided for a specific purpose or program with grants under this Part shall only be applied to provide rental housing for the same purpose or program.\n\n(3) This clause shall apply to rental housing that has been provided from grants made by the Commonwealth to a State under Part III of the Housing Assistance Act 1978 or under Part XI of the agreement referred to in Recital (B).\n\n**PART XII—SUPERSESSION OF PREVIOUS HOUSING ARRANGEMENTS**\n\n37.\n\nThe provisions of this agreement with respect to rental housing and home purchase assistance shall, except as provided herein, supersede the provisions of the existing Housing Agreements to the intent that this agreement will provide the arrangements between the Commonwealth and each State in relation to the provision of rental housing, including the sale of housing so provided, and to the provision of assistance for home purchasers under the previous housing arrangement and this agreement.\n\n**PART XIII—OBSERVANCE OF AGREEMENT**\n\n38.\n\nThe Commonwealth shall provide for or secure the performance by it and its authorities of the obligations of the Commonwealth under this agreement and each of the States shall provide for or secure the performance by the State and its authorities of the obligations of the State under this agreement.\n\n39.\n\nA State shall determine an agency or agencies (including bodies or organisations that are not authorities of the State) for the performance of this agreement on behalf of the State and acts and things that are done by or with respect to the agency or agencies so determined shall, for the purposes of this agreement, be deemed to have been done by or with respect to the State.\n\n40.\n\nIf the Minister, in writing under his hand, informs the Treasurer of a State he is satisfied that the State has failed to ensure that an amount of financial assistance provided to the State has been applied for the purposes and in the manner provided for by this agreement with respect to that financial assistance, the State will repay that amount, or such part of that amount as the Minister thinks reasonable, to the Commonwealth.\n\n41.\n\nIf a State fails for any reason to meet the requirement for the provision by it of matching funds in accordance with Part VI or Part XI with respect to any financial assistance that has been provided to it, the State will upon request by the Minister, in writing under his hand, repay to the Commonwealth the amount of that financial assistance or so much of that amount as is specified in the request.\n\n**PART XIV—TRIENNIAL EVALUATION**\n\n42.\n\nIn accordance with the arrangements to be agreed upon between the Minister and the State Minister the operation of the agreement is to be evaluated triennially.\n\n**PART XV—SUPPLY OF INFORMATION**\n\n43.\n\n(1) A State will furnish in respect of each year to the Commonwealth by the thirtieth day of November next occurring after that year and in a reasonable form to be determined by the Minister after consultation with the State Minister—\n\n(a) statements which set out particulars of the expenditures during the year by the State of—\n\n(i) matching funds on programs agreed upon by the Minister and the State Minister; and\n\n(ii) grants for specific housing assistance;\n\n(b) statements in respect of the operation of—\n\n(i) the Home Purchase Assistance Account; and\n\n(ii) the rental housing assistance program;\n\nwhich show the origin of funds received, and the manner in which funds were applied; and\n\n(c) statements which set out—\n\n(i) the manner in which the State has fixed rents in accordance with clause 32;\n\n(ii) the total of the amount forgone by the State in accordance with clause 33 for that year and the basis thereof;\n\n(iii) the excess of the amounts that are received into the Home Purchase Assistance Account over payments that are made from that Account in accordance with sub-clause 25(2);\n\n(iv) the guidelines determined pursuant to sub-clause 27(3) and the number of cases and amount forgone as a result of application of the guidelines;\n\n(v) any surplus of revenue over outgoings, after allowing for rent forgone, arising from rental housing operations; and\n\n(iv) all proceeds of sale in that year of rental housing.\n\n(2) A statement furnished pursuant to sub-clause (1) is to be certified as to its corrections by a person appointed by the State Minister for that purpose.\n\n(3) A State Minister will, upon request by the Minister, supply to the Minister such information relating to the operation of this agreement in respect of the State and other information relating to expenditure by the State on housing assistance generally as is reasonably so requested.\n\n**PART XVI—VARIATION OF AGREEMENT**\n\n44.\n\n(1) The provisions of this agreement other than Part IV may be varied as between the Commonwealth and a State by agreement in writing between the Minister and the State Minister but only after consultations between the Minister and other State Ministers.\n\n(2) A copy of an agreement or copies of the documents which constitute an agreement under sub-clause (1) shall be tabled in the Parliaments of the Commonwealth and of the State within 15 sittings days of respective Parliaments from the date upon which the agreement is made.\n\n(3) An agreement under sub-clause (1) shall not affect the operation of this agreement as between the Commonwealth and the State other than that with which the agreement has been made.\n\n**PART XVII—REPRESENTATION AND COMMUNICATIONS**\n\n45.\n\n(1) The Commonwealth shall, subject to sub-clause (2), be represented for the purposes of this agreement by the Department of Housing and Construction and the Minister shall notify the State Minister of the address of that department and of any change at any time of that address.\n\n(2) In the event that the administration of this agreement for the Commonwealth is allocated to a Minister other than the Minister for Housing and Construction, the Commonwealth shall be represented by the Department administered by that other Minister and that Minister shall notify the State Minister of the address of that Department.\n\n46.\n\nThe State shall be represented for the purposes of this agreement by the Department administered by the State Minister or such other agency of the State as the State Minister shall nominate ('Agency') and the State Minister shall notify the Minister of the address of that Department or Agency and of any change at any time of the Department or Agency or of the address.\n\n47.\n\n(1) A notice or other communication under or in connexion with this agreement shall be duly given if it is in writing signed by, or on behalf of, or attributed to, the head of the Department or Agency to which it is given and addressed to or delivered at the address of the Department or Agency to which it is directed.\n\n(2) For the purposes of this clause writing includes a teleprinter message and the address for such a message shall be the teleprinter address of the receiving Department or Agency.\n\n(3) A notice or other communication shall be given under this clause when it is received in the appropriate form by the Department or Agency to which it is directed.\n\n**FIRST SCHEDULE**\n\nClause 6\n\n**EXISTING HOUSING AGREEMENTS**\n\n1. The 1945 Agreement\n\nAgreement made 19 November 1945 between the Commonwealth and the State to which Tasmania is not now a party—Act No. 44 of 1945.\n\n2. The 1955 Agreement\n\nSupplemental Agreement made 16 April 1955 between the Commonwealth and the States, other than Tasmania—Act No. 12 of 1955.\n\n3. The 1956 Agreement\n\nAgreement made 13 February 1957 between the Commonwealth and the States—Act No. 43 of 1956.\n\n4. The 1961 Agreement\n\nAgreement made 4 October 1961 between the Commonwealth and the States—Act No. 31 of 1961.\n\n5. The 1966 Agreement\n\nAgreement made 21 December 1966 between the Commonwealth and the States—Act No. 24 of 1966.\n\n6. The 1973 Agreement\n\nAgreement made 17 October 1973 between the Commonwealth and the States—Act No. 43 of 1973.\n\n7. The 1974 Agreement\n\nSupplemental Agreement made 20 December 1974 between the Commonwealth and the States—Act No. 102 of 1974.\n\n8. The 1978 Agreement\n\nAgreement made 17 October 1978 between the Commonwealth and the States—Act No. 79 of 1978.\n\n9. The 1980 Northern Territory Agreement\n\nAgreement made 11 March 1980 between the Commonwealth and the Northern Territory.\n\n10. The 1981 Agreement\n\nAgreement made 23 December 1981 between the Commonwealth, the States and the Northern Territory but in relation to the period 1 July 1981 to 30 June 1984 only.\n\n**SECOND SCHEDULE**\n\nClause 32\n\n**COST RENT FORMULA**\n\nThe following formula is to be used to determine real cost rents for public rental accommodation. States are to charge rents at least equal to those resulting from the use of this formula. The formula is not to be applied to the costs of individual dwellings but rather to the total cost pool of the rental stock. In allocating the total cost rent pool to individual tenancies States will have regard to variation in housing standards and locations within the constraints of available administrative arrangements for assessing these variations.\n\n1. Recovery of operating expenses\n\nThe costs to be recovered in this area are ordinarily listed in the rental accounts of State housing authorities as yearly expenditure items. These include—\n\n(a) administration;\n\n(b) rates;\n\n(c) insurance;\n\n(d) specific operating expenses associated with particular types of units;\n\n(e) annual maintenance;\n\n(f) yearly allowance for rent arrears and debts written off;\n\n(g) yearly allowance for vacancies;\n\n(h) leasing expenses related to land and dwellings;\n\n(i) operating expenses of community facilities; and\n\n(j) any other operating costs agreed between Federal and State Housing Ministers.\n\n2. Interest Charges\n\nInterest payable on loan funds invested in public rental housing.\n\n3. Depreciation\n\n(i) depreciation rate is to reflect a life of between 40–75 years of the capital improvements on the land;\n\n(ii) the value of capital improvement will be based on the estimated current capital improved value;\n\n(iii) the minimum annual depreciation rate will be not less than the rate resulting from a term of 75 years.\n\nIN WITNESS WHEREOF this Agreement has been respectively signed for and on behalf of the parties as at the day and year first above written as follows:\n\n- SIGNED by the Honourable ROBERT JAMES LEE HAWKE, Prime Minister of the Commonwealth of Australia, in the presence of—STEWART WEST ⎫\n⎪\n⎬\n⎪\n⎭ BOB HAWKE\n- SIGNED by the Honourable NEVILLE KENNETH WRAN, Premier of the State of New South Wales, in the presence of—FRANK WALKER ⎫\n⎬\n⎪\n⎭ NEVILLE WRAN\n- SIGNED by the Honourable JOHN CAIN, Premier of the State of Victoria, in the presence of— ⎫\n⎬\n⎭ JOHN CAIN\n- IAN CATHIE\n- SIGNED by the Honourable SIR JOHANNES BJELKE-PETERSEN, Premier of the State of Queensland, in the presence of— ⎫\n⎬\n⎪\n⎭ JOH. BJELKE-PETERSEN\n- CLAUDE WHARTON\n- SIGNED by the Honourable BRIAN THOMAS BURKE, Premier of the State of Western Australia, in the presence of— ⎫\n⎬\n⎪\n⎭ BRIAN BURKE\n- KEITH WILSON\n- SIGNED by the Honourable JOHN CHARLES BANNON, Premier of the State of South Australia, in the presence of— ⎫\n⎬\n⎪\n⎭ J. C. BANNON\n- STEWART WEST\n\n| SIGNED by the Honourable ROBIN TREVOR GRAY, Premier of the State of Tasmania, in the presence of— | ⎫   ⎬   ⎪   ⎭ | ROBIN GRAY |\n| BRENDAN LYON |  |  |\n| SIGNED by the Honourable IAN LINDSAY TUXWORTH, Chief Minister, in the presence of— | ⎫   ⎬   ⎭ | IAN TUXWORTH |\n| DARYL MANZIE |  |  |\n\n","sortOrder":169},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Previous agreements","content":"Schedule 4—Previous agreements\n\nSection 29(2)\n\n\t1 Identification of earlier Agreements\n\nThe following Agreements between the State of Victoria and the Commonwealth of Australia are hereby declared to have been ratified and approved:\n\n(a) The Agreement of 19 November 1945 ratified and approved by the Housing (Commonwealth and State Agreement) Act 1946, a copy of which is set out in the Fourth Schedule to the **Housing Act 1958** and which is hereafter called the \"Commonwealth and State Housing Agreement 1945\";\n\n(b) The Agreement of 16 April 1955 ratified and approved by the **Housing Act 1955**, a copy of which is set out in the Fifth Schedule to the **Housing Act 1958** and which is hereafter called the \"Amending Agreement 1955\";\n\n(c) The Agreement of 13 February 1957 ratified and approved by the Housing (Commonwealth and State Agreement) Act 1957, a copy of which is set out in the Sixth Schedule to the **Housing Act 1958** and which is hereafter called the \"Commonwealth and State Housing Agreement 1956\";\n\n(d) The Agreement of 4 October 1961 ratified and approved by the Housing (Commonwealth and State Agreement) Act 1961, a copy of which is set out in Schedule Six A to the **Housing Act 1958**, and which is hereafter called the \"Commonwealth and State Housing Agreement 1961\";\n\n(e) The Agreement of 7 November 1966 ratified and approved by the Housing (Commonwealth and State Agreement) Act 1966, a copy of which is set out in Schedule Six B to the **Housing Act 1958** and which is hereafter called the \"Commonwealth and State Housing Agreement 1966\";\n\n(f) The Agreement of 5 September 1973 ratified and approved by the Housing (Commonwealth and State Agreement) Act 1973, as amended by the 1974 Supplemental Agreement, copies of which are set out in Schedule Six C and Six D to the **Housing Act 1958** and which is hereafter called the \"1973–1974 Housing Agreement\";\n\n(g) The Agreement of 15 September 1978 ratified and approved by the **Housing (Amendment) Act 1978**, a copy of which is set out in Schedule Six E to the **Housing Act 1958** and which is hereafter called the \"1978 Housing Agreement\".\n\n\t2 Accounts to be kept by Treasurer\n\nThe Treasurer shall keep the following accounts:\n\n(a) An account to be called the \"Commonwealth and State Housing Trust Account\" into which shall be paid all money advanced to the State of Victoria by the Commonwealth pursuant to clause 6 of the Commonwealth and State Housing Agreement 1945;\n\n(b) An account to be called the \"Home Builders' Account\" into which shall be paid all money advanced by the Commonwealth to the State of Victoria pursuant to the Commonwealth and State Housing Agreements 1956, 1961 and 1966;\n\n(c) An account to be called the \"Home Builders' Account No. 3\" into which shall be paid all money advanced by the Commonwealth to the State of Victoria pursuant to the 1973–1974 Housing Agreement; and\n\n(d) An account to be called the \"Commonwealth and State Housing Agreement 1978 Home Assistance Account\" into which shall be paid all money advanced by the Commonwealth to the State of Victoria pursuant to Part VI of the 1978 Housing Agreement.\n\n\t3 Application of money received under Agreements\n\nAll money in the accounts to be kept under clause 2 shall be applied in accordance with the provisions of the Agreements referred to in clause 1 pursuant to which that money has been paid.\n\n\t4 Appropriation from Consolidated Fund for repayment to Commonwealth\n\nAll money which is or may become payable by the State of Victoria to the Commonwealth under the Agreements referred to in clause 1 shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly).\n\n\t5 Repayment of money to Consolidated Fund\n\nAll money paid out of the Consolidated Fund to the Commonwealth for the payment of principal and interest in respect of money advanced by the Commonwealth and paid into any of the accounts referred to in clause 2 shall be repaid to the Consolidated Fund from those accounts.\n\nSch. 5 (Heading) amended by No. 40/2022 s. 45(1).\n\nSchedule 5—Parking of vehicles on land of Homes Victoria\n\n\t1 Definitions\n\nIn this Schedule unless inconsistent with the context or subject-matter—\n\nSch. 5 cl. 1 def. of *authorized officer* amended by Nos 106/2004 s. 12(3), 40/2022 s. 45(2)(a).\n\n***authorized officer*** means an employee of the Department or any other person appointed in writing by the Chief Executive Officer, Homes Victoria as an authorized officer for the purposes of this Schedule;\n\nSch. 5 cl. 1 def. of *Homes Victoria's land* inserted by No. 40/2022 s. 45(2)(b).\n\n***Homes Victoria's land*** means land vested in or held under lease by Homes Victoria, or land in which Homes Victoria has an interest under a licence;\n\n***listed vehicle***, with respect to the parking of a vehicle in a parking area, means a vehicle which pursuant to this Schedule is currently listed as a vehicle entitled to be parked in the parking area;\n\nSch. 5 cl. 1 def. of *owner* amended by No. 6/2010 s. 203(1)  \n(Sch. 6 item 25) (as amended by No. 45/2010 s. 22).\n\n***owner***, in respect of a vehicle, means owner within the meaning of Part VII of the **Transport (Compliance and Miscellaneous) Act 1983**;\n\n***parking***, with respect to the parking of a vehicle, includes the leaving standing of the vehicle (whether attended or not);\n\nSch. 5 cl. 1 def. of *parking offence* amended by No. 40/2022 s. 45(2)(c).\n\n***parking offence*** means the parking of a vehicle—\n\n(a) on any portion of Homes Victoria's land—\n\n(i) where the parking of vehicles is prohibited;\n\n(ii) at a time when parking is not permitted or for a period longer than the period permitted for parking; or\n\n(iii) in contravention of any condition in respect of which the parking of the vehicle is permitted; or\n\n(b) in a parking area where the vehicle is not a listed vehicle with respect to that parking area;\n\nSch. 5 cl. 1 def. of  \n*the Director's land* amended by No. 26/1987 s. 19(1), repealed by No. 40/2022 s. 45(2)(d).\n\nSch. 5 cl. 1 def. of *vehicle* amended by No. 127/1986 s. 102(Sch. 4 item 13).\n\n***vehicle*** means any conveyance designed to be propelled or drawn by any means (including a motor vehicle within the meaning of the **Road Safety Act 1986** and a bicycle and a tricycle).\n\n\t2 Parking areas and control of parking\n\nSch. 5 cl. 2(1) amended by No. 40/2022 s. 45(3)(a).\n\n(1) Without in any way limiting or derogating from any other mode of granting permission Homes Victoria may from time to time—\n\nSch. 5 cl. 2(1)(a) amended by No. 40/2022 s. 45(3)(b).\n\n(a) allocate any portion of Homes Victoria's land as a parking area and with respect to the parking of vehicles within the parking area—\n\n(i) determine the number of vehicles that may be parked within the parking area;\n\n(ii) determine the class of persons who may be entitled to have their vehicles listed as listed vehicles, limit (where necessary or expedient) from that class the number of persons entitled so to list their vehicles and determine the method by which those persons may be selected;\n\n(iii) prohibit the parking of any vehicle within the parking area unless the vehicle is a listed vehicle with respect to that parking area;\n\n(iv) prohibit the parking of any vehicle or of vehicles of any class or size as being unsuitable for parking within the parking area; and\n\nSch. 5 cl. 2(1)(a)(v) amended by No. 40/2022 s. 45(3)(a).\n\n(v) determine any other matters which in the opinion of Homes Victoria are necessary or expedient for or with respect to the parking of vehicles within the parking area; and\n\nSch. 5 cl. 2(1)(b) amended by No. 40/2022 s. 45(3)(b).\n\n(b) prohibit or control the parking of vehicles on any specific portion of Homes Victoria's land which is not a parking area.\n\nSch. 5 cl. 2(2) amended by No. 40/2022 s. 45(4).\n\n(2) The limits of a parking area and the times, periods and conditions (if any) for the time being in force with respect to the parking of listed vehicles within the parking area shall, subject to this clause, be sufficiently indicated on a sign or signs provided by Homes Victoria near each entrance to the parking area and on any other place that Homes Victoria determines.\n\nSch. 5 cl. 2(3) amended by No. 40/2022 s. 45(5).\n\n(3) Every sign referred to in subclause (2) and every sign prohibiting the parking of vehicles on any portion of Homes Victoria's land shall bear on the sign an inscription indicating that the matters set out in the sign are authorized by Homes Victoria.\n\n\t3 Persons entitled to park in a parking area to have their vehicles listed\n\nSch. 5 cl. 3(1) amended by No. 40/2022 s. 45(6).\n\n(1) Every person entitled to park a vehicle in the parking area shall give in writing to the authorized officer appointed by Homes Victoria in that behalf the registered number and a description of the vehicle.\n\n(2) The authorized officer so appointed shall keep a list of the names of every person currently entitled to park a vehicle in the parking area and the registration number and description of every current listed vehicle.\n\n(3) Vehicles currently on the list kept in respect of a parking area shall be the only vehicles entitled to park in that parking area.\n\nSch. 5 cl. 3(4) amended by No. 40/2022 s. 45(7).\n\n(4) Homes Victoria shall supply an identifying label indicating the location within any particular parking area within which the vehicle may be parked to each person entitled to park a vehicle in the parking area and that person shall cause the label to be affixed to the inside of the rear window of the vehicle (or where the vehicle has no rear window to some other conspicuous part of the vehicle).\n\nSch. 5 cl. 3(5) amended by Nos 26/1987 s. 21, 40/2022 s. 45(8).\n\n(5) Homes Victoria may charge such fees as Homes Victoria deems necessary for the parking of vehicles in parking areas and may remove from any list a vehicle where the owner fails to pay such fees.\n\n\t4 Parking offences\n\n(1) When a parking offence occurs in relation to a vehicle the person who at the time of the occurrence of the parking offence is the owner of the vehicle shall by virtue of this clause be and be deemed to be guilty of an offence against this Act in all respects as if he were the actual offender guilty of an offence.\n\n(2) Nothing in subclause (1) shall affect the liability of the actual offender but where the full amount of any penalty has been paid by the actual offender or owner in relation to any parking offence no further penalty shall be imposed upon or recovered from the owner or actual offender in relation thereto.\n\n\t5 Parking offence notices and penalties\n\nSch. 5 cl. 5(1) amended by Nos 26/1987 s. 21, 32/2006 s. 94(Sch. item 27(1)), 70/2013 s. 3(Sch. 1 item 22), 37/2014 s. 10(Sch. item 81.2).\n\n(1) Where a police officer or an authorized officer has reason to believe that a parking offence has been committed in respect of a vehicle he or she may serve or cause to be served an infringement notice as hereinafter provided.\n\nSch. 5 cl. 5(2) amended by Nos 127/1986 s. 102(Sch. 4 item 13), 26/1987 ss 19(2), 21, substituted by No. 32/2006 s. 94(Sch. item 27(2)).\n\n(2) A parking offence referred to in subclause (1) for which an infringement notice may be served is an infringement offence within the meaning of the **Infringements Act 2006**.\n\nSch. 5 cl. 5(3) amended by No. 26/1987 s. 19(3)(a)(b), repealed by No. 32/2006 s. 94(Sch. item 27(3)).\n\nSch. 5 cl. 5(4) amended by No. 40/2022 s. 45(9).\n\n(4) The penalty for any parking offence shall be the amount (being an amount not more than $25) determined by Homes Victoria in respect of parking offences of the kind in question.\n\nSch. 5 cl. 5(5) amended by No. 26/1987 s. 21, repealed by No. 32/2006 s. 94(Sch. item 27(3)).\n\nSch. 5 cl. 5(6)(7) repealed by No. 32/2006 s. 94(Sch. item 27(3)).\n\nSch. 5 cl. 5(8) amended by No. 57/1989 s. 3(Sch. item 97.4(a)), repealed by No. 32/2006 s. 94(Sch. item 27(3)).\n\nSch. 5 cl. 6 amended by Nos 26/1987 s. 19(4), 57/1989 s. 3(Sch. item 97.4(b)), 32/2006 s. 94(Sch. item 27(4)).\n\n\t6 Fund into which money recovered is to be paid\n\nDespite section 32(3) of the **Infringements Act 2006**, any money recovered by way of a penalty for a parking offence shall be paid—\n\nSch. 5 cl. 6(a) amended by Nos 68/2009 s. 97(Sch. item 67.2), 37/2014 s. 10(Sch. item 81.2).\n\n(a) where the charge-sheet is filed by a police officer—into the Consolidated Fund;\n\nSch. 5 cl. 6(b) amended by Nos 106/2004 s. 12(4), 68/2009 s. 97(Sch. item 67.2), 40/2022 s. 45(10).\n\n(b) where the charge-sheet is filed by an authorized officer (being an employee of the Department)—into the general fund maintained by Homes Victoria; and\n\nSch. 5 cl. 6(c) amended by No. 68/2009 s. 97(Sch. item 67.2).\n\n(c) where the charge-sheet is filed by a person prescribed for the purposes of this clause—into the fund prescribed in respect of that person; and\n\nSch. 5 cl. 6(d) amended by Nos 68/2009 s. 97(Sch. item 67.2), 40/2022 s. 45(10).\n\n(d) where no charge-sheet is filed—into the general fund maintained by Homes Victoria.\n\nSch. 5 cl. 7 amended by Nos 127/1986 s. 102(Sch. 4 item 13), 26/1987 s. 21, 44/1989  \ns. 41(Sch. 2 item 21(a)), 49/2019 s. 186(Sch. 4 item 21.1), 25/2025 s. 106(Sch. 1 item 21(a)).\n\n\t7 Evidence of ownership of motor cars\n\nFor the purposes of this Schedule a certificate in the prescribed form signed or purporting to be issued by the Secretary to the Department of Transport and Planning setting out that on the date any parking offence is alleged to have occurred any motor vehicle was registered under the **Road Safety Act 1986** in the name of any person shall be prima facie evidence that on such date the motor vehicle was so registered in the name of that person.\n\n\t8 Vehicles unregistered, abandoned or illegally parked may be removed and sold in certain circumstances\n\nSch. 5 cl. 8(1) amended by No. 40/2022 s. 45(11)(b).\n\n(1) Where a vehicle—\n\nSch. 5  \ncl. 8(1)(a) amended by Nos 127/1986 s. 102(Sch. 4 item 13), 40/2022 s. 45(11)(a).\n\n(a) parked on Homes Victoria's land is not registered under the **Road Safety Act 1986**;\n\nSch. 5 cl. 8(1)(b) amended by No. 40/2022 s. 45(11)(a).\n\n(b) has been parked on Homes Victoria's land for at least five consecutive days and in the opinion of an authorized officer has been abandoned; or\n\n(c) is parked within a parking area while not being a listed vehicle with respect to that area—\n\nHomes Victoria or any person authorized by Homes Victoria may, whether or not any goods are in or on the vehicle, cause it to be removed and taken to a place that Homes Victoria generally or in any particular case appoints and be retained there subject to this clause.\n\nSch. 5 cl. 8(2) amended by Nos 127/1986 s. 102(Sch. 4 item 13), 44/1989 s. 41(Sch. 2 item 21(b)), 49/2019 s. 186(Sch. 4 item 21.2), 40/2022 s. 45(12), 25/2025 s. 106(Sch. 1 item 21(b)).\n\n(2) Where a vehicle registered under the **Road Safety Act 1986** is taken to a place so appointed Homes Victoria shall cause notice of the taking to be served by post on the person who appears on the records kept by the Secretary to the Department of Transport and Planning to be the owner or proprietor of the vehicle.\n\nSch. 5 cl. 8(3) amended by Nos 26/1987 s. 21, 40/2022 s. 45(13).\n\n(3) Any vehicle which has been so removed shall be surrendered to the owner or any person on behalf of the owner on the owner's giving satisfactory evidence on his or her right to the vehicle and on payment to Homes Victoria of such fee as Homes Victoria demands (not exceeding $50) together with an additional fee (not exceeding $5) for every 24 hours that the vehicle remains in the custody of Homes Victoria and all expenses reasonably incurred by Homes Victoria in connexion with the removal of the vehicle.\n\nSch. 5 cl. 8(4) amended by Nos 127/1986 s. 102(Sch. 4 item 13), 26/1987 s. 21, 40/2022 s. 45(14).\n\n(4) If any such vehicle is not so claimed and removed by the owner or some other person on behalf of the owner within 28 days after being removed by Homes Victoria (or in the case of a vehicle registered under the **Road Safety Act 1986**, within 28 days after the service of a notice on the owner or proprietor) Homes Victoria may cause the vehicle to be sold by auction or by public tender but not less than 7 days notice of such auction or calling for tenders shall be given in a newspaper published in Melbourne and if the vehicle is not sold as a result of any such auction or calling for tenders Homes Victoria may sell, destroy or give away the vehicle as Homes Victoria thinks fit.\n\nSch. 5 cl. 8(5) amended by No. 26/1987 s. 21.\n\n(5) Where a vehicle is sold in purported exercise of the power of sale conferred by this clause the title of the purchaser shall not be impeached on any ground whatsoever and the purchaser shall take the vehicle freed from any title, estate interest or right of any other person.\n\nSch. 5 cl. 8(6) amended by No. 40/2022 s. 45(15).\n\n(6) The net proceeds of any such sale less any amount payable under subclause (3) shall be held in a trust fund by Homes Victoria and shall be paid to any person who in the opinion of Homes Victoria is entitled thereto but if not claimed by any such person within one year shall be paid into the general fund maintained by Homes Victoria.\n\nSch. 5 cl. 8(7) amended by No. 40/2022 s. 45(16).\n\n(7) If the person to whom any money is so paid is not the person entitled thereto Homes Victoria shall not be liable for any such payment but any other person who claims such money may have recourse against the person to whom payment was made by Homes Victoria.\n\n(8) In this clause anything which is required or permitted to be done in respect of a vehicle may in like manner be done in respect of any goods and chattels in or on the vehicle.\n\nSch. 5 cl. 8(9) amended by No. 40/2022 s. 45(17).\n\n(9) The powers and discretions conferred on Homes Victoria by this clause may be exercised by any officer of the Ministry of Housing authorized in writing by Homes Victoria in that behalf.\n\nSch. 5 cl. 9 (Heading) inserted by No. 40/2022 s. 45(18).\n\nSch. 5 cl. 9 amended by No. 40/2022 s. 45(19).\n\n\t9 Immunity of Homes Victoria from suit\n\nHomes Victoria shall not be subject to any claim, action, liability or demand in respect of any damage sustained by a person in respect of any vehicle while it is parked on Homes Victoria's land or any other loss whatsoever that is sustained by the owner of such a vehicle.\n\nSchedule 6—Standards of habitation\n\nSch. 6 cl. 1 amended by Nos 26/1987 s. 20(a), 20/1996 s. 13(a)(i)(ii), 85/1998 s. 24(Sch. item 34.3).\n\n\t1 Lodging of certificates of charge on land with Registrar of Titles\n\nWhen any land is charged pursuant to subsection (2) of section 67 the Council shall cause a certificate signed by a member of the Council's staff authorised by the Council for that purpose, describing the land charged and stating the amount of the charge, to be lodged with the Registrar of Titles.\n\nSch. 6 cl. 2 amended by Nos 26/1987 s. 20(a), 20/1996 s. 13(b), substituted by No. 85/1998 s. 24(Sch. item 34.4).\n\n\t2 Registration of certificate on title\n\n(1) On receipt of a certificate under clause 1 and on payment of the prescribed fee, the Registrar of Titles must make a recording of the certificate in the Register.\n\n(2) When the amount of the expenses is paid, the Registrar of Titles, on the request of the Council and on payment of the prescribed fee must make a recording in the Register of the cancellation of the charge.\n\n\t3 Enforcement of charge in County Court\n\nFor the purpose of enforcing any charge under section 67, proceedings may be had and taken in the County Court and that court may order the sale of the whole or any part of the land subject to the charge and for this purpose the County Court shall have jurisdiction and exercise all the powers and authorities of the Supreme Court in all proceedings under Part IV of the **Trustee Act 1958**, notwithstanding the amount or value of the trust estate or fund to which the proceeding relates.\n\n\t4 Force and effect of decree or order of County Court\n\nWhere pursuant to clause 3 any decree or order of the County Court is made relating to land under the provisions of the **Transfer of Land Act 1958**, that decree or order shall, for all the purposes of that Act, have the same force and effect and shall be received, dealt with and given effect to in all respects thereunder as if it were a decree or order of the Supreme Court.\n\nSch. 6 cl. 5 amended by No. 26/1987 ss 20(a)(b), 21, repealed by No. 20/1996 s. 13(c).\n\n\t6 Lodging of copy of declaration with Registrar of Titles\n\nSch. 6 cl. 6(1) amended by Nos 26/1987 s. 20(a)(b)(i)(ii), 85/1998 s. 24(Sch. item 34.5(a)), 40/2022 s. 46.\n\n(1) Where Homes Victoria has made a declaration under section 64, Homes Victoria shall, within fourteen days of the making of that declaration, lodge a copy of the declaration with the Registrar of Titles.\n\nSch. 6 cl. 6(2) amended by Nos 26/1987 s. 20(a), 20/1996 s. 13(d), 85/1998 s. 24(Sch. item 34.5(b)).\n\n(2) The Council shall, within fourteen days of any declaration ceasing to operate in respect of any land, lodge with the Registrar of Titles a notice in writing that the declaration has ceased to operate.\n\nSch. 6 cl. 6(3) amended by Nos 26/1987 s. 21, 18/1989 s. 13(Sch. 2 item 39(b)), 20/1996 s. 13(e), 85/1998 s. 24(Sch. item 34.5(b)).\n\n(3) On receipt of a copy of a declaration or of a notice that a declaration has ceased to operate the Registrar of Titles shall make such entries or recordings as he or she thinks necessary or expedient for the purpose of bringing that declaration or notice to the notice of persons who search the title of the land to which the declaration relates and the Registrar of Titles may require such evidence of the identity of any land affected by a declaration or notice lodged under this clause as he or she thinks fit.\n\n\t7 Recovery of money owing by owner by attachment of rent payable by occupier\n\nSch. 6 cl. 7(1) amended by Nos 26/1987 s. 20(a), 20/1996 s. 13(f).\n\n(1) Where, under Part VII of this Act, any money is payable to the Council by the owner of any house and the Council is satisfied that the owner is not making satisfactory arrangements for the payment of that money, the Council may, by notice in writing served on the occupier of that house, require that occupier to pay to the Council until such time as the amount of money payable to the Council has been satisfied any money payable by the occupier by way of rent to the owner.\n\nSch. 6 cl. 7(2) amended by Nos 26/1987 s. 20(a), 20/1996 s. 13(f).\n\n(2) The Council shall forward a copy of any notice under subclause (1) to the owner of the house concerned.\n\n(3) Any occupier who having the means to comply with any notice under subclause (1) fails to do so shall be guilty of an offence.\n\n1. 1 penalty unit.\n\nSch. 6 cl. 7(4) amended by Nos 26/1987 s. 20(a), 20/1996 s. 13(f).\n\n(4) Any occupier making any payment in pursuance of this clause shall be deemed to have been acting under the authority of the owner and all other persons concerned and is hereby indemnified in respect of that payment and that payment shall be credited against the amount payable by the owner to the Council under Part VII.\n\nSch. 6 cl. 7(5) amended by Nos 26/1987 s. 20(a), 20/1996 s. 13(f)(g).\n\n(5) If the Council receives, otherwise than from the occupier, any payment in respect of the amount payable by the owner to the Council under Part VII it shall forthwith give notice thereof to the occupier.\n\n(6) This clause shall be read and construed as in aid of and not in derogation from the provisions of section 67(2).\n\nSch. 6 cl. 8 amended by No. 20/1996 s. 13(h).\n\n\t8 Provisions as to owners who are trustees\n\nWhere any owner, being a trustee within the meaning of the **Trustee Act 1958**, is directed under Part VII to make any house or land comply with the regulations or to demolish any house, the trustee may, notwithstanding anything to the contrary contained in the instrument (if any) creating the trust—\n\n(a) make the house or land comply with those regulations;\n\n(b) demolish the house and, if the trustee thinks fit, erect another house in substitution therefor or sell the land on which the house was situated;\n\n(c) pay or apply any capital money subject to the trust for or towards any such purpose;\n\n(d) raise any money required for or towards any such purpose by sale, conversion, calling in or mortgage of all or any part of the trust property for the time being in possession.\n\nSch 7 inserted by No. 106/2004 s. 14.\n\n","sortOrder":170},{"sectionNumber":"Sch 7","sectionType":"schedule","heading":"Registration of rental housing agencies—registration criteria","content":"Schedule 7—Registration of rental housing agencies—registration criteria\n\nThe criteria for determining whether a rental housing agency should be registered under Part VIII are as follows—\n\n\t1 General\n\n(1) The rental housing agency must be a non-profit body.\n\n(2) To be registered as a registered housing association the rental housing agency must be a company limited by shares or by guarantee.\n\n(3) To be registered as a registered housing provider the rental housing agency must be a company limited by shares or by guarantee or a co-operative or an incorporated association.\n\n(4) The rental housing agency must be established to provide affordable rental housing to people on low incomes.\n\n(5) Unless the Registrar otherwise approves under section 82 or 103, the rental housing agency must not act as a trustee for any person other than a registered agency.\n\n(6) Unless the Registrar otherwise approves under section 82 or 103, the rental housing agency must not be a subsidiary of any body other than a registered agency.\n\n\t2 Constitution—objects and powers\n\n(1) Subject to subclause (3), the constitution or rules of the rental housing agency must contain the provisions required by this clause.\n\n*Objects*\n\n(2) The rental housing agency's statement of objects must include an object to the effect of one of the following objects—\n\n(a) to promote the relief of poverty, sickness or the needs of the aged by providing affordable rental housing to persons in housing need as low-income households, or through infirmity or age; or\n\n(b) to promote other purposes beneficial to the community through the provision of affordable housing and associated services.\n\n(3) The rental housing agency's statement of objects is not required to include an object set out in subclause (2) if the rental housing agency otherwise satisfies the Registrar that it is a non-profit body.\n\n*Powers*\n\n(4) The rental housing agency's powers must include powers to—\n\n(a) acquire, by way of purchase, lease, transfer or otherwise, real property;\n\nSch. 7 cl. 2(4)(b) amended by No. 40/2022 s. 47.\n\n(b) dispose of any real property, subject to the consent of Homes Victoria under section 109 of the **Housing Act 1983**;\n\nSch. 7 cl. 2(4)(c) amended by No. 40/2022 s. 47.\n\n(c) provide security for the payment of money, subject to the consent of Homes Victoria under section 109 of the **Housing Act 1983**;\n\n(d) apply for and accept, grants or loans from any Federal, State or local government or authority;\n\n(e) enter into contracts and joint ventures with any public or private entity;\n\n(f) do anything incidental to or in furtherance of its objects.\n\n\t3 Constitution—additional provisions\n\n(1) The constitution or rules of the rental housing agency must also include provisions to the effect of the provisions in this clause.\n\n*Alteration of Constitution*\n\n(2) A provision must be included to the effect that the constitution or rules of the rental housing agency may only be amended by special resolution in accordance with the legislation under which the rental housing agency is incorporated.\n\n*Agency not to act as trustee without approval*\n\n(3) A provision must be included to provide that the rental housing agency must not act as trustee for any person other than a registered agency without the written approval of the Registrar under section 82 or 103 of the **Housing Act 1983**.\n\n*Application of property and income*\n\n(4) A provision must be included to provide that the assets and income of the rental housing agency must be applied solely for the purposes for which the rental housing agency is incorporated and cannot be distributed directly or indirectly to the members of the rental housing agency except as bona fide compensation for services rendered or expenses incurred on its behalf.\n\n*Winding up*\n\n(5) A provision must be included to provide that in the event of the rental housing agency being wound up, any surplus assets remaining after payment of its liabilities must be transferred to another registered agency under the **Housing Act 1983**, approved by the Registrar under that Act, with similar purposes and which is not carried on for the purposes of profit or gain to its members.\n\n\t4 Capacity to meet performance standards\n\nTo be registered in a particular category, the rental housing agency must demonstrate the capacity to meet the performance standards applicable to that category of agency.\n\nSch 8 inserted by No. 106/2004 s. 14, amended by Nos 20/2012 s. 226(Sch. 5 item 16(4)), 9/2013 s. 42(Sch. 2 item 11(5)), 14/2025 s. 41.\n\nSchedule 8—Register of Housing Agencies\n\nPart 1—Information to be included in Register\n\n\t1 Incorporation details\n\n(1) The name by which the registered agency is incorporated (including previous names by which the registered agency has been known).\n\n(2) The Act or law under which the registered agency is incorporated.\n\n(3) The address of the registered office of the registered agency (including previous addresses at which it has been registered in the previous 5 years).\n\n(4) The Australian Company Number (A.C.N.) of the registered agency, if it is a company.\n\n(5) The registration number of the registered agency under the Co‑operatives National Law (Victoria), if it is a co-operative.\n\n(6) The registration number of the registered agency under the **Associations Incorporation Reform Act 2012**, if it is an incorporated association.\n\n(7) The date of incorporation.\n\n(8) The full names and addresses of all members of the governing body of the registered agency and the dates of their appointment (including the names and addresses of all members holding office within the registered agency in the previous 5 years).\n\n(9) The full name and address of the public officer (if any) of the registered agency (including the names and addresses of all public officers holding that office within the registered agency in the previous 5 years).\n\n(10) A current copy of the registered agency's constitution or rules, and the date on which they were approved under the Corporations Act or the Co‑operatives National Law (Victoria) or the **Associations Incorporation Reform Act 2012** or any relevant corresponding previous enactment.\n\n(11) A current copy of the registered agency's objects or statement of purposes and the date on which they were approved under the Corporations Act or the Co‑operatives National Law (Victoria) or the **Associations Incorporation Reform Act 2012** or any relevant corresponding previous enactment.\n\n(12) Each declaration given by the registered agency under sections 81(6)(a), 81(6)(d), 106(1)(a) and 106(1)(d).\n\n\t2 Business details\n\n(1) The Australian Business Number (ABN) (if any) issued to the registered agency under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.\n\n(2) Each declaration given by the registered agency under sections 81(6)(b) and 106(1)(b).\n\n(4) Details of the non-profit status of the registered agency.\n\n\t3 Assets\n\n(1) The address and title or other identifying particulars of any land of which the registered agency is a registered proprietor.\n\nSch. 8 cl. 3(2) amended by No. 40/2022 s. 48.\n\n(2) The address, title or other identifying particulars and name of the registered proprietor of any land over which the registered agency holds a lease, tenancy agreement or licence of more than 3 years' duration and in which Homes Victoria has an interest, a copy of the lease, tenancy agreement or licence, and the date of the lease, tenancy agreement or licence.\n\n(3) The address, title or other identifying particulars and name of the registered proprietor of any land at which the registered agency provides housing services to the public.\n\n(4) Each declaration made by the registered agency under sections 81(6)(c) and 106(1)(c).\n\n\t4 Registration particulars\n\n(1) The registration number given to the registered agency on registration under Part VIII.\n\n(2) The date of registration of the registered agency under Part VIII (including the dates of any periods in which the registered agency has not been registered in the preceding 5 years).\n\n(3) The current registration status and registration category of the registered agency.\n\n(4) A record of whether the registered agency has complied with its reporting requirements under this Act and the dates and descriptions of all reports supplied by the registered agency under section 105 in the preceding 5 years.\n\n","sortOrder":171},{"sectionNumber":"Part 2","sectionType":"part","heading":"Information to be made available to the public","content":"Part 2—Information to be made available to the public\n\n(1) The name by which the registered agency is registered.\n\n(2) The address of the registered office of the registered agency.\n\n(3) The full names of all members of the governing body of the registered agency.\n\n(4) The full name of the public officer (if any) of the registered agency.\n\n(5) The registration number given to the registered agency on registration under Part VIII.\n\n(6) The date of registration of the registered agency under Part VIII (including the dates of periods in which the registered agency has not been registered in the preceding 5 years).\n\n(7) The current registration status and registration category of the registered agency.\n\n(8) A record of whether the registered agency has complied with its reporting requirements under this Act and the dates and descriptions of all reports supplied by the registered agency under section 105 in the preceding 5 years.\n\nSch. 9 inserted by No. 106/2004 s. 15.\n\n","sortOrder":172},{"sectionNumber":"Sch 9","sectionType":"schedule","heading":"Rental housing co-operatives","content":"Schedule 9—Rental housing co-operatives\n\n| *Name of Co-operative* | *Registration No. under* ***Co‑operatives Act 1996*** |\n| Carlton Rental Housing Co‑operative Ltd<br>Diamond Valley/Whittlesea Rental Housing Co‑operative Ltd<br>Eastern Suburbs Rental Housing Co-operative Ltd<br>Essendon Rental Housing Co‑operative Ltd<br>Footscray Rental Housing Co-operative Ltd<br>Northcote Rental Housing Co-operative Ltd<br>SouthEast Housing Co‑operative Ltd<br>St Kilda Rental Housing Co‑operative Ltd<br>Sunshine/St Albans Rental Housing Co-operative Ltd<br>West Turk Housing and Elderly Services Co‑operative Ltd<br>Williamstown Rental Housing Co-operative Ltd | G0002404G<br>G0010002C   <br>G0010009T<br>G001007N<br>G0010006L<br>G0002447B<br>G00032313E<br>G0010008R<br>G0010001A   <br>G0010015M   <br>G0002355V |\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe **Housing Act 1983** was assented to on 13 December 1983 and came into operation on 1 January 1984: Government Gazette 21 December 1983 page 4045.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Housing Act 1983** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Housing (Commonwealth-State-Northern Territory Agreement) Act 1985, No. 10259/1985**\n\n| Assent Date: | 10.12.85 |\n| Commencement Date: | 10.12.85 |\n\n**Courts Amendment Act 1986, No. 16/1986**\n\n| Assent Date: | 22.4.86 |\n| Commencement Date: | S. 30(Sch.) on 1.7.86: Government Gazette 25.6.86 p. 2180 |\n\n**Land Acquisition and Compensation Act 1986, No. 121/1986**\n\n| Assent Date: | 23.12.86 |\n| Commencement Date: | 29.11.87: Government Gazette 25.11.87 p. 3224 |\n\n**Road Safety Act 1986, No. 127/1986**\n\n| Assent Date: | 23.12.86 |\n| Commencement Date: | S. 102 on 1.3.87: Government Gazette 25.2.87 p. 445; Sch. 4 item 13 on 1.7.87: Special Gazette (No. 27) 25.6.87 p. 1 |\n\n**Housing (Amendment) Act 1987, No. 26/1987**\n\n| Assent Date: | 12.5.87 |\n| Commencement Date: | 12.5.87 |\n\n**State Superannuation Act 1988, No. 50/1988**\n\n| Assent Date: | 24.5.88 |\n| Commencement Date: | S. 93(2) on 1.7.88: Government Gazette 1.6.88 p. 1487 |\n\n**Subdivision Act 1988, No. 53/1988** (as amended by No. 47/1989)\n\n| Assent Date: | 31.5.88 |\n| Commencement Date: | 30.10.89: Government Gazette 4.10.89 p. 2532 |\n\n**Local Government (Consequential Provisions) Act 1989, No. 12/1989**\n\n| Assent Date: | 9.5.89 |\n| Commencement Date: | S. 4(1)(Sch. 2 items 61.1–61.9) on 1.11.89: Government Gazette 1.11.89 p. 2798; s. 4(1)(Sch. 2 item 61.10) on 1.10.92: Government Gazette 23.9.92 p. 2489 |\n\n**Transfer of Land (Computer Register) Act 1989, No. 18/1989**\n\n| Assent Date: | 16.5.89 |\n| Commencement Date: | 3.2.92: Government Gazette 18.12.91 p. 3488 |\n\n**Transport (Amendment) Act 1989, No. 44/1989**\n\n| Assent Date: | 6.6.89 |\n| Commencement Date: | S. 41(Sch. 2 item 21) on 1.7.89: s. 2(1) |\n\n**Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989**\n\n| Assent Date: | 14.6.89 |\n| Commencement Date: | S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 |\n\n**Borrowing and Investment Powers (Amendment) Act 1993, No. 99/1993**\n\n| Assent Date: | 23.11.93 |\n| Commencement Date: | Pt 1 (ss 1–3) on 23.11.93: s. 2(1); rest of Act on 24.5.94: s. 2(3) |\n\n**Financial Management Act 1994, No. 18/1994**\n\n| Assent Date: | 10.5.94 |\n| Commencement Date: | Pt 1 (ss 1–8), ss 60, 61 on 10.5.94: s. 2(1); rest of Act on 1.7.94: s. 2(2) |\n\n**Catchment and Land Protection Act 1994, No. 52/1994**\n\n| Assent Date: | 15.6.94 |\n| Commencement Date: | Ss 1, 2 on 15.6.94: s. 2(1); ss 3–5, Pt 2, Sch. 1 on 30.9.94 Government Gazette 29.9.94 p. 2306; rest of Act on 15.12.94: s. 2(3) |\n\n**Financial Management (Amendment) Act 1994, No. 75/1994**\n\n| Assent Date: | 22.11.94 |\n| Commencement Date: | S. 15 on 1.1.95: s. 2(2) |\n\n**Housing (Amendment) Act 1996, No. 20/1996**\n\n| Assent Date: | 2.7.96 |\n| Commencement Date: | 28.5.96: s. 2 |\n\n**Co-operatives Act 1996, No. 84/1996**\n\n| Assent Date: | 23.12.96 |\n| Commencement Date: | S. 465, s. 467(Sch. 6 item 8) on 1.10.97: Special Gazette (No. 122) 1.10.97 p. 1 |\n\n**Audit (Amendment) Act 1997, No. 93/1997**\n\n| Assent Date: | 16.12.97 |\n| Commencement Date: | S. 28(Sch. item 16) on 1.7.98: s. 2(2) |\n\n**Residential Tenancies Act 1997, No. 109/1997**\n\n| Assent Date: | 23.12.97 |\n| Commencement Date: | S. 533(Sch. 2 item 4) on 1.7.98: Government Gazette 18.6.98 p. 1512 |\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n\n**Transfer of Land (Single Register) Act 1998, No. 85/1998**\n\n| Assent Date: | 17.11.98 |\n| Commencement Date: | S. 24(Sch. item 34) on 1.1.99: s. 2(3) |\n\n**Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001**\n\n| Assent Date: | 8.5.01 |\n| Commencement Date: | S. 3(Sch. item 36) on 1.6.01: s. 2(2) |\n\n**Housing (Housing Agencies) Act 2004, No. 106/2004**\n\n| Assent Date: | 21.12.04 |\n| Commencement Date: | Ss 3–5, 7–12, 14 on 1.1.05: s. 2(1); s. 13 on 5.4.05: s. 2(3); ss 6, 15 on 1.7.05: s. 2(2) |\n\n**Public Administration Act 2004, No. 108/2004**\n\n| Assent Date: | 21.12.04 |\n| Commencement Date: | S. 117(1)(Sch. 3 item 100) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n\n**Treasury Legislation (Repeal) Act 2005, No. 73/2005**\n\n| Assent Date: | 25.10.05 |\n| Commencement Date: | S. 4(Sch. 2 item 4) on 26.10.05: s. 2 |\n\n**Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006**\n\n| Assent Date: | 13.6.06 |\n| Commencement Date: | S. 94(Sch. item 27) on 1.7.06: Government Gazette 29.6.06 p. 1315 |\n\n**Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006**\n\n| Assent Date: | 10.10.06 |\n| Commencement Date: | S. 26(Sch. item 51) on 11.10.06: s. 2(1) |\n\n**Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | S. 97(Sch. item 67) on 1.1.10: Government Gazette 10.12.09 p. 3215 |\n\n**Transport Integration Act 2010, No. 6/2010** (as amended by No. 45/2010)\n\n| Assent Date: | 2.3.10 |\n| Commencement Date: | S. 203(1)(Sch. 6 item 25) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 |\n\n**Associations Incorporation Reform Act 2012, No. 20/2012**\n\n| Assent Date: | 1.5.12 |\n| Commencement Date: | S. 226(Sch. 5 item 16) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1 |\n\n**Co-operatives National Law Application Act 2013, No. 9/2013**\n\n| Assent Date: | 13.3.13 |\n| Commencement Date: | S. 42(Sch. 2 item 11) on 3.3.14: Special Gazette (No. 46) 18.2.14 p. 1 |\n\n**Statute Law Revision Act 2013, No. 70/2013**\n\n| Assent Date: | 19.11.13 |\n| Commencement Date: | S. 3(Sch. 1 item 22) on 1.12.13: s. 2(1) |\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2013, No. 37/2014**\n\n| Assent Date: | 3.6.14 |\n| Commencement Date: | S. 10(Sch. item 81) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n\n**Housing Amendment (Victorian Housing Register and Other Matters) Act 2016, No. 75/2016**\n\n| Assent Date: | 13.12.16 |\n| Commencement Date: | Ss 4–10 on 21.12.16: Special Gazette (No. 389) 20.12.16 p. 1 |\n\n**Oaths and Affirmations Act 2018, No. 6/2018**\n\n| Assent Date: | 27.2.18 |\n| Commencement Date: | S. 68(Sch. 2 item 67) on 1.3.19: s. 2(2) |\n\n**Residential Tenancies Amendment Act 2018, No. 45/2018** (as amended by Nos 11/2020, 25/2020)\n\n| Assent Date: | 18.9.18 |\n| Commencement Date: | S. 375 on 29.3.21: Special Gazette (No. 42) 27.1.21 p. 1 |\n\n**Guardianship and Administration Act 2019, No. 13/2019**\n\n| Assent Date: | 4.6.19 |\n| Commencement Date: | S. 221(Sch. 1 item 21) on 1.3.20: s. 2(2) |\n\n**Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019**\n\n| Assent Date: | 2.7.19 |\n| Commencement Date: | S. 179 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1 |\n\n**Transport Legislation Amendment Act 2019, No. 49/2019**\n\n| Assent Date: | 3.12.19 |\n| Commencement Date: | S. 186(Sch. 4 item 21) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1 |\n\n**Local Government Act 2020, No. 9/2020**\n\n| Assent Date: | 24.3.20 |\n| Commencement Date: | S. 390(Sch. 1 item 54.1) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 item 54.2) on 1.7.21: s. 2(4) |\n\n**Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022**\n\n| *Assent Date:* | 29.3.22 |\n| *Commencement Date:* | Ss 33–35 on 30.3.22: s. 2(3) |\n| *Current State:* | This information relates only to the provision/s amending the **Housing Act 1983** |\n\n**Residential Tenancies, Housing and Social Services Regulation Amendment (Administration and Other Matters) Act 2022, No. 40/2022**\n\n| Assent Date: | 6.9.22 |\n| Commencement Date: | Ss 18–49 on 7.9.22: s. 2(2) |\n\n**Statute Law Amendment Act 2023, No. 6/2023**\n\n| Assent Date: | 9.5.23 |\n| Commencement Date: | S. 3(Sch. 1 item 3) on 10.5.23: s. 2 |\n\n**Regulatory Legislation Amendment (Reform) Act 2025, No. 14/2025**\n\n| Assent Date: | 20.5.25 |\n| Commencement Date: | S. 41 on 21.5.25: s. 2(1) |\n\n**Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025**\n\n| Assent Date: | 5.8.25 |\n| Commencement Date: | S. 106(Sch. 1 item 21) on 6.8.25: s. 2(1) |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. S. 20(1): Section 24 of the **Borrowing and Investment Powers (Amendment) Act 1993**, No. 99/1993 (*repealed*) read as follows:\n\n  24 Transitional provisions\n\n  (1) A provision of an Act amended by a preceding section in this Part (other than section 23) continues to apply to or in respect of—\n\n  (a) moneys borrowed or re-borrowed, loans, advances and financial accommodation obtained and financial arrangements entered into and any other thing done under borrowing powers or powers to obtain financial accommodation conferred by the Act before the commencement of that section; and\n\n  (b) moneys borrowed or re-borrowed, loans, advances and financial accommodation obtained and any other thing done under borrowing powers or powers to obtain financial accommodation conferred by the Act after that commencement, pursuant to arrangements entered into before that commencement; and\n\n  (c) the investment of moneys or exercise of powers made before the commencement of that section—\n\n  as if that section had not been enacted.\n\n  (2) A guarantee given by or on behalf of the Government or State of Victoria or by the Treasurer and in force under an Act amended by a preceding section in this Part (other than section 23) before the commencement of that section has effect and may be enforced as if the guarantee were a contract made on behalf of the Crown and section 23(1)(a) of the **Crown Proceedings Act 1958** applied accordingly. [↑](#endnote-ref-2)\n\n2. S. 20(2) (*repealed)*: See note 1. [↑](#endnote-ref-3)\n\n3. S. 20(3): See note 1. [↑](#endnote-ref-4)\n\n4. S. 22: See note 1. [↑](#endnote-ref-5)\n\n5. S. 22(1): The proposed amendment to section 22(1) by the **Financial Management Act 1994**, No. 18/1994 section 66(Schedule 2 item 8(a)) is not included in this publication due to the substitution of subsection (1) by section 16(3) of the **Borrowing and Investment Powers (Amendment) Act 1993**, No. 99/1993. [↑](#endnote-ref-6)\n\n6. S. 26 (*original* *repealed)*: See note 1. [↑](#endnote-ref-7)\n\n7. S. 26A: See note 1. [↑](#endnote-ref-8)\n\n8. S. 36A: Section 10 of the **Housing (Amendment) Act 1987**, No. 26/1987 (*repealed*) read as follows:\n\n  10 Validation\n\n  Any contract of insurance entered into before the commencement of section 9 which would have been valid if section 9 had been in operation at the time it was entered into has the same effect as it would have if section 9 had been in operation at that time. [↑](#endnote-ref-9)\n\n9. S. 62: Sections 14–16, 19 of the **Housing (Amendment) Act 1996**,  \nNo. 20/1996 (*repealed*) read as follows:\n\n  14 Saving provision—Regulations\n\n  Despite the repeal of section 63(1) of the Principal Act, the Housing (Standard of Habitation) Regulations 1985 as in force immediately before the commencement of this Act are deemed to have continued in force in respect of any declaration as defined in section 62 of the Principal Act.\n\n  15 Saving provision—Declarations\n\n  Subject to section 68A of the Principal Act, nothing in this Act affects a declaration (as defined in section 62 of the Principal Act) that was in force immediately before the commencement of this Act.\n\n  16 Saving provision—Appeals\n\n  Nothing in this Act affects the right of a person under section 65(1) of the Principal Act to appeal against a declaration (as defined in section 62 of the Principal Act) that was made before the commencement of this Act.\n\n  19 Transitional provision—section 68\n\n  A notice served by the Director under section 68(1) of the Principal Act as in force immediately before the commencement of this Act continues in force until the Council—\n\n  (a) issues a certificate of clearance in writing certifying that the house has been made to comply with the regulations as defined in section 62 of the Principal Act; or\n\n  (b) revokes the declaration under section 68A of the Principal Act. [↑](#endnote-ref-10)\n\n10. Ss 63–66:\n\n  S. 63 amended by No. 26/1987 s. 11(2), repealed by No. 20/1996 s. 6.\n\n  S. 63(1) (*repealed*): See note 9.\n\n  S. 64 amended by No. 26/1987 s. 11(2), repealed by No. 20/1996 s. 6.\n\n  S. 65 amended by Nos 26/1987 ss 13(1)–(4), 21, 57/1989 s. 3(Sch. item 97.3), repealed by No. 20/1996 s. 6.\n\n  S. 65(1) (*repealed*): See note 9.\n\n  S. 66 amended by No. 26/1987 ss 11(2), 21, repealed by No. 20/1996 s. 6.\n\n  S. 66(1) (*repealed*): Sections 17, 18 of the **Housing (Amendment) Act 1996**, No. 20/1996 (*repealed*) read as follows:\n\n  17 Saving provision—Directions\n\n  Subject to section 68A of the Principal Act, nothing in this Act affects any directions issued under section 66(1) of the Principal Act (or any corresponding previous enactment) and in force immediately before the commencement of this Act.\n\n  18 Transitional provisions—section 67\n\n  Nothing in this Act prevents the Director from—\n\n  (a) enforcing a charge under section 67(2) of the Principal Act as in force immediately before the commencement of this Act on land the subject of a direction under section 66(1) as so in force;\n\n  (b) recovering any expenses incurred under section 67(1) of the Principal Act as in force immediately before the commencement of this Act or any interest accrued under section 67(2A) of the Principal Act as so in force in respect of such expenses. [↑](#endnote-ref-11)\n\n11. S. 67(1): Sections 17, 18 of the **Housing (Amendment) Act 1996**, No. 20/1996 (*repealed*) read as follows:\n\n  17 Saving provision—Directions\n\n  Subject to section 68A of the Principal Act, nothing in this Act affects any directions issued under section 66(1) of the Principal Act (or any corresponding previous enactment) and in force immediately before the commencement of this Act.\n\n  18 Transitional provisions—section 67\n\n  Nothing in this Act prevents the Director from—\n\n  (a) enforcing a charge under section 67(2) of the Principal Act as in force immediately before the commencement of this Act on land the subject of a direction under section 66(1) as so in force;\n\n  (b) recovering any expenses incurred under section 67(1) of the Principal Act as in force immediately before the commencement of this Act or any interest accrued under section 67(2A) of the Principal Act as so in force in respect of such expenses. [↑](#endnote-ref-12)\n\n12. S. 67(2): See note 11. [↑](#endnote-ref-13)\n\n13. S. 67(2A): See note 11. [↑](#endnote-ref-14)\n\n14. S. 68(1): See note 9. [↑](#endnote-ref-15)\n\n15. S. 68A: See note 9. [↑](#endnote-ref-16)\n\n16. S. 68A: See note 11. [↑](#endnote-ref-17)\n\n17. S. 69 (*repealed*): Section 20 of the **Housing (Amendment) Act 1996,** No. 20/1996 (*repealed*) read as follows:\n\n  20 Saving provision—section 69\n\n  Despite the repeal of section 69 of the Principal Act, nothing in this Act affects the right of a purchaser to rescind, or recover damages from the owner in respect of, a contract entered into before the commencement of this Act. [↑](#endnote-ref-18)\n\n18. S. 70(1) (*repealed)*: Section 21 of the **Housing (Amendment) Act 1996**,  No. 20/1996 (*repealed*) read as follows:\n\n  21 Saving provision—section 70\n\n  A certificate issued by the Director under section 70(1) of the Principal Act as in force immediately before the commencement of this Act continues to be conclusive proof of the matters referred to in section 70(2) of the Principal Act as so in force. [↑](#endnote-ref-19)\n\n19. S. 70(2) (*repealed)*: See note 18. [↑](#endnote-ref-20)\n\n20. S. 71A (*repealed)*: Section 22 of the **Housing (Amendment) Act 1996**, No. 20/1996 (*repealed*) read as follows:\n\n  22 Saving provision—section 71A\n\n  Despite the repeal of section 71A of the Principal Act, nothing in this Act affects any immunity acquired in respect of a declaration referred to in that section. [↑](#endnote-ref-21)","sortOrder":173}],"analysis":{"summary":{"name":"Housing Act 1983","slug":"housing-act-1983","title_id":"housing-act-1983","version_id":176432,"analysis_type":"summary","content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"Whole Act, in force, 344,264 chars."},"complexity_factors":["Large Act covering public housing authority powers, community housing regulation, social housing waitlist, affordable housing programs, and habitation standards","Multi-tiered governance structure (Minister, CEO Homes Victoria, Registrar of Housing Agencies)","Complex land interest regime for registered agencies (Part VIII Division 6)","Victorian Housing Register eligibility and access regime (Part VIIIA)","Multiple Commonwealth-State housing agreements incorporated in Schedules 3 and 3A"],"plain_english_summary":"The Housing Act 1983 (Vic) is Victoria's primary legislation governing public housing administration, the functions of Homes Victoria (the state's public housing authority), the registration and oversight of rental housing agencies (community housing providers), social housing management, and housing standards.\n\nThe Act establishes Homes Victoria (formerly the Director of Housing) as a statutory body with extensive powers to acquire, develop, manage, and dispose of land; to borrow and lend money; and to enter joint ventures and commercial arrangements. The Chief Executive Officer, Homes Victoria holds the statutory powers of the authority under the direction and control of the Minister.\n\nA significant part of the Act creates the regulatory framework for rental housing agencies (community housing providers). Part VIII establishes a Registrar of Housing Agencies with powers to register, monitor, and regulate community housing agencies. Registered agencies must comply with performance standards, maintain complaints procedures, and give Homes Victoria an interest in their land that prevents transfer without consent.\n\nPart VIIIA establishes the Victorian Housing Register, the statewide waiting list for social housing. Homes Victoria determines eligibility criteria and manages applications. Part VIIIB creates the Victorian Affordable Housing Programs framework, allowing Homes Victoria to declare and administer affordable housing programs.\n\nPart VII (Standards of Habitation) empowers municipal councils to make declarations about unfit premises and to issue notices requiring repair, vacation, or demolition.\n\nThe Act applies to the Crown and binds the Crown in right of Victoria. It has been substantially amended over the years, most recently to rename the Director of Housing as Homes Victoria and to update governance arrangements."},"kimi_summary":{"_metrics":{"completionTokens":688},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1983 focus on public housing administration. Major expansions include: Part VIII (2004) creating a regulatory framework for community housing providers; Part VIIIA (2016) establishing the Victorian Housing Register and information sharing for social housing; and Part VIIIB (2022) creating the Victorian Affordable Housing Programs. The 2022 amendments also renamed the Director of Housing to Homes Victoria and added the Advisory Board structure, reflecting a shift toward more corporate governance and diversified housing delivery models."},"complexity_factors":["Extensive cross-referencing with other Acts (Public Administration Act 2004, Residential Tenancies Act 1997, Privacy and Data Protection Act 2014, Health Records Act 2001, etc.)","Multiple nested definitions in section 4 (over 50 defined terms)","Complex administrative structure with Homes Victoria, the Registrar of Housing Agencies, the Advisory Board, and Ministerial oversight all having interconnected powers","Detailed procedural requirements for registration, monitoring and intervention in community housing agencies (Part VIII)","Incorporation of entire Commonwealth-State Housing Agreements as schedules","Multiple amendment layers with extensive history (42 amending Acts since 1983)","Conditional powers requiring Ministerial or Treasurer approval at various points","Information sharing provisions with complex privacy safeguards"],"plain_english_summary":"**What this legislation does:**\n\nThis is Victoria's main law governing **public and social housing**. It establishes **Homes Victoria** (formerly the Director of Housing) as a government body corporate responsible for providing affordable housing to Victorians who need it.\n\n**Key things the Act covers:**\n\n- **Homes Victoria's powers**: Buying, selling, developing and managing land and housing; borrowing and investing money; making grants and loans; and entering into partnerships with private and community housing providers.\n\n- **The Victorian Housing Register**: A central register that records people waiting for social housing, their priority needs, and helps match them to available homes.\n\n- **Registered housing agencies**: Non-profit community housing providers (like housing associations and co-operatives) can register with the government and must meet performance standards. The Registrar of Housing Agencies monitors them and can intervene if they fail.\n\n- **Victorian Affordable Housing Programs**: Special programs declared by the Minister to provide affordable housing for specific groups (like key workers in regional areas), with eligibility criteria and rent settings set by Homes Victoria.\n\n- **Housing standards**: Local councils can inspect housing and require owners to fix or demolish substandard homes.\n\n- **Commonwealth-State agreements**: The Act incorporates agreements with the federal government about funding for public and affordable housing.\n\n**Who it affects:**\n- People seeking public or social housing\n- Tenants in Homes Victoria properties\n- Community housing providers\n- Local councils responsible for housing standards\n- Developers and landowners dealing with Homes Victoria\n\n**Why it matters:**\nThis Act is the legal foundation for how Victoria provides affordable housing to people on low incomes, ensures housing quality, and partners with community organisations to expand housing options."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Originally a straightforward public housing administration law, the Act has expanded significantly through amendments. It now includes comprehensive regulation of rental housing agencies (Part VIII), a centralized social housing register (Part VIIIA), and a framework for affordable housing programs (Part VIIIB). These additions transformed the Act from a simple housing authority statute into a broad regulatory and administrative framework for social and affordable housing."},"complexity_factors":["Over 50 defined terms in the interpretation section","Extensive cross-referencing to other Acts (e.g., Residential Tenancies Act, Transfer of Land Act, Public Administration Act)","Multiple parts and divisions (e.g., Part VIII on rental agencies spans 70+ sections)","Nested conditional logic in provisions for registration, monitoring, and enforcement","Numerous schedules (9) containing detailed agreements and criteria","Decades of amendments (version 082) adding new functions like the Victorian Housing Register and Affordable Housing Programs"],"plain_english_summary":"The **Housing Act 1983** is the main Victorian law governing public and affordable housing. It sets up **Homes Victoria**, the state body responsible for managing public housing, acquiring land, building homes, and providing loans or grants for housing. The Act also creates a system to **register and regulate non-profit rental housing agencies** (like housing associations and co-ops) that provide affordable rental housing to low-income tenants. A **Victorian Housing Register** is established to centrally manage applications for social housing, helping allocate tenancies based on need. The Act includes **minimum housing standards** and allows local councils to enforce repairs or demolition of unsafe houses. It also ratifies Commonwealth-State housing agreements that fund these programs. \n\n**Who it affects:** Tenants, landlords, housing agencies, local councils, developers, and anyone applying for public or affordable housing in Victoria. \n\n**Why it matters:** This Act is the backbone of Victoria's public housing system. It determines who gets housing, how providers are regulated, and how public money is spent on housing."}},"importantCases":[],"_links":{"self":"/api/acts/housing-act-1983","history":"/api/acts/housing-act-1983/history","analysis":"/api/acts/housing-act-1983/analysis","conflicts":"/api/acts/housing-act-1983/conflicts","importantCases":"/api/acts/housing-act-1983/important-cases","documents":"/api/acts/housing-act-1983/documents"}}