{"id":"qld:act-2003-052","name":"Housing Act 2003","slug":"housing-act-2003","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"52 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":58544,"registerId":"qld-act-2003-052-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Housing Act 2003 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":3},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Application, objects and guiding principles","content":"## Application, objects and guiding principles","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Act binds all persons","content":"### sec.3 Act binds all persons\n\nThis Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.\nSubsection (1) does not make the State, the Commonwealth or another State liable for an offence.\n(sec.3-ssec.1) This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.3-ssec.2) Subsection (1) does not make the State, the Commonwealth or another State liable for an offence.","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Main objects","content":"### sec.4 Main objects\n\nThe main objects of this Act are—\nto improve the access of Queenslanders to safe, secure, appropriate and affordable housing; and\nto help build sustainable communities.\n- (a) to improve the access of Queenslanders to safe, secure, appropriate and affordable housing; and\n- (b) to help build sustainable communities.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"How the objects are to be primarily achieved","content":"### sec.5 How the objects are to be primarily achieved\n\nThe objects are to be achieved primarily by making provision about the following matters—\nhousing-related activities carried on by the State, including—\nproviding public housing and other housing services; and\ndeveloping, undertaking or supporting other housing programs and initiatives;\na system, for supporting and regulating certain types of entities providing housing services, that includes—\nregistering the entities; and\ngiving them financial assistance, making land available to them or giving them other types of assistance; and\nregulating how they provide housing services using the assistance.\n- (a) housing-related activities carried on by the State, including— (i) providing public housing and other housing services; and (ii) developing, undertaking or supporting other housing programs and initiatives;\n- (i) providing public housing and other housing services; and\n- (ii) developing, undertaking or supporting other housing programs and initiatives;\n- (b) a system, for supporting and regulating certain types of entities providing housing services, that includes— (i) registering the entities; and (ii) giving them financial assistance, making land available to them or giving them other types of assistance; and (iii) regulating how they provide housing services using the assistance.\n- (i) registering the entities; and\n- (ii) giving them financial assistance, making land available to them or giving them other types of assistance; and\n- (iii) regulating how they provide housing services using the assistance.\n- (i) providing public housing and other housing services; and\n- (ii) developing, undertaking or supporting other housing programs and initiatives;\n- (i) registering the entities; and\n- (ii) giving them financial assistance, making land available to them or giving them other types of assistance; and\n- (iii) regulating how they provide housing services using the assistance.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Guiding principles","content":"### sec.6 Guiding principles\n\nThis Act is to be administered in a way that has sufficient regard to the following principles—\nthe availability of safe, secure, appropriate and affordable housing in a community—\nenhances the quality of life of people living in the community; and\ncontributes to the wellbeing of the community by enabling people to participate in its social and economic life;\nthe need for safe, secure, appropriate and affordable housing can be met by entities from government, industry and the community, acting separately and in partnership;\na community is sustainable if—\nit is socially and economically diverse, cohesive, resilient and adaptable; and\nit has access to appropriate services and amenities;\nhousing services should be provided in a way that responds to the diverse and changing needs of individuals, families and other households;\nthe State’s provision of housing services should—\nprovide leadership and promote best practice in housing provision and residential development; and\nbe integrated, as far as is reasonably practicable, with the provision of other government social services;\nindividuals being provided with housing under this Act should have access, as far as is reasonably practicable, to an appropriate choice of housing types and tenures;\nhousing services should be provided in a way that has appropriate regard to—\nlocal and regional differences; and\ncultural diversity; and\nAboriginal tradition and Island custom;\nAboriginal tradition means the body of traditions, observances, customs and beliefs of Aboriginal people generally or of a particular community or group of Aboriginal people, and includes any such traditions, observances, customs and beliefs relating to particular persons, areas, objects or relationships—see the Acts Interpretation Act 1954 , schedule 1 .\nIsland custom , known in the Torres Strait as Ailan Kastom, means the body of customs, traditions, observances and beliefs of Torres Strait Islanders generally or of a particular community or group of Torres Strait Islanders, and includes any such customs, traditions, observances and beliefs relating to particular persons, areas, objects or relationships—see the Acts Interpretation Act 1954 , schedule 1 .\nthe needs, views and interests of consumers of housing services, indigenous community members and representatives, non-government entities, industry bodies and local governments should be taken into account in developing government housing policy.\ns 6 amd 2023 No. 23 s 247 sch 1 s 5\n- (a) the availability of safe, secure, appropriate and affordable housing in a community— (i) enhances the quality of life of people living in the community; and (ii) contributes to the wellbeing of the community by enabling people to participate in its social and economic life;\n- (i) enhances the quality of life of people living in the community; and\n- (ii) contributes to the wellbeing of the community by enabling people to participate in its social and economic life;\n- (b) the need for safe, secure, appropriate and affordable housing can be met by entities from government, industry and the community, acting separately and in partnership;\n- (c) a community is sustainable if— (i) it is socially and economically diverse, cohesive, resilient and adaptable; and (ii) it has access to appropriate services and amenities;\n- (i) it is socially and economically diverse, cohesive, resilient and adaptable; and\n- (ii) it has access to appropriate services and amenities;\n- (d) housing services should be provided in a way that responds to the diverse and changing needs of individuals, families and other households;\n- (e) the State’s provision of housing services should— (i) provide leadership and promote best practice in housing provision and residential development; and (ii) be integrated, as far as is reasonably practicable, with the provision of other government social services;\n- (i) provide leadership and promote best practice in housing provision and residential development; and\n- (ii) be integrated, as far as is reasonably practicable, with the provision of other government social services;\n- (f) individuals being provided with housing under this Act should have access, as far as is reasonably practicable, to an appropriate choice of housing types and tenures;\n- (g) housing services should be provided in a way that has appropriate regard to— (i) local and regional differences; and (ii) cultural diversity; and (iii) Aboriginal tradition and Island custom; Note— Aboriginal tradition means the body of traditions, observances, customs and beliefs of Aboriginal people generally or of a particular community or group of Aboriginal people, and includes any such traditions, observances, customs and beliefs relating to particular persons, areas, objects or relationships—see the Acts Interpretation Act 1954 , schedule 1 . Island custom , known in the Torres Strait as Ailan Kastom, means the body of customs, traditions, observances and beliefs of Torres Strait Islanders generally or of a particular community or group of Torres Strait Islanders, and includes any such customs, traditions, observances and beliefs relating to particular persons, areas, objects or relationships—see the Acts Interpretation Act 1954 , schedule 1 .\n- (i) local and regional differences; and\n- (ii) cultural diversity; and\n- (iii) Aboriginal tradition and Island custom; Note— Aboriginal tradition means the body of traditions, observances, customs and beliefs of Aboriginal people generally or of a particular community or group of Aboriginal people, and includes any such traditions, observances, customs and beliefs relating to particular persons, areas, objects or relationships—see the Acts Interpretation Act 1954 , schedule 1 . Island custom , known in the Torres Strait as Ailan Kastom, means the body of customs, traditions, observances and beliefs of Torres Strait Islanders generally or of a particular community or group of Torres Strait Islanders, and includes any such customs, traditions, observances and beliefs relating to particular persons, areas, objects or relationships—see the Acts Interpretation Act 1954 , schedule 1 .\n- (h) the needs, views and interests of consumers of housing services, indigenous community members and representatives, non-government entities, industry bodies and local governments should be taken into account in developing government housing policy.\n- (i) enhances the quality of life of people living in the community; and\n- (ii) contributes to the wellbeing of the community by enabling people to participate in its social and economic life;\n- (i) it is socially and economically diverse, cohesive, resilient and adaptable; and\n- (ii) it has access to appropriate services and amenities;\n- (i) provide leadership and promote best practice in housing provision and residential development; and\n- (ii) be integrated, as far as is reasonably practicable, with the provision of other government social services;\n- (i) local and regional differences; and\n- (ii) cultural diversity; and\n- (iii) Aboriginal tradition and Island custom; Note— Aboriginal tradition means the body of traditions, observances, customs and beliefs of Aboriginal people generally or of a particular community or group of Aboriginal people, and includes any such traditions, observances, customs and beliefs relating to particular persons, areas, objects or relationships—see the Acts Interpretation Act 1954 , schedule 1 . Island custom , known in the Torres Strait as Ailan Kastom, means the body of customs, traditions, observances and beliefs of Torres Strait Islanders generally or of a particular community or group of Torres Strait Islanders, and includes any such customs, traditions, observances and beliefs relating to particular persons, areas, objects or relationships—see the Acts Interpretation Act 1954 , schedule 1 .","sortOrder":8},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Definitions","content":"### sec.7 Definitions\n\nThe dictionary in schedule 4 defines particular words used in this Act.\ns 7 amd 2013 No. 5 s 4","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Key concepts","content":"### sec.8 Key concepts\n\nA housing service is a social housing service or an ancillary housing service.\nA social housing service is the provision of housing to an individual for residential use, other than crisis accommodation.\nA community housing service is a social housing service that is not public housing.\nPublic housing is a social housing service provided directly by the State.\nAn ancillary housing service is any of the following—\ngiving financial or other assistance to enable an individual to—\nbuy or lease a residence or obtain housing in another way; or\nmodify or maintain a residence;\nany of the following kinds of services—\ntenant advisory services;\ntenant advocacy services;\nhome maintenance services;\nhome modification services;\nhousing-related referral and information services;\nprovision of crisis accommodation;\na prescribed service.\ns 8 sub 2013 No. 5 s 5\n(sec.8-ssec.1) A housing service is a social housing service or an ancillary housing service.\n(sec.8-ssec.2) A social housing service is the provision of housing to an individual for residential use, other than crisis accommodation.\n(sec.8-ssec.3) A community housing service is a social housing service that is not public housing.\n(sec.8-ssec.4) Public housing is a social housing service provided directly by the State.\n(sec.8-ssec.5) An ancillary housing service is any of the following— giving financial or other assistance to enable an individual to— buy or lease a residence or obtain housing in another way; or modify or maintain a residence; any of the following kinds of services— tenant advisory services; tenant advocacy services; home maintenance services; home modification services; housing-related referral and information services; provision of crisis accommodation; a prescribed service.\n- (a) giving financial or other assistance to enable an individual to— (i) buy or lease a residence or obtain housing in another way; or (ii) modify or maintain a residence;\n- (i) buy or lease a residence or obtain housing in another way; or\n- (ii) modify or maintain a residence;\n- (b) any of the following kinds of services— (i) tenant advisory services; (ii) tenant advocacy services; (iii) home maintenance services; (iv) home modification services; (v) housing-related referral and information services; (vi) provision of crisis accommodation; (vii) a prescribed service.\n- (i) tenant advisory services;\n- (ii) tenant advocacy services;\n- (iii) home maintenance services;\n- (iv) home modification services;\n- (v) housing-related referral and information services;\n- (vi) provision of crisis accommodation;\n- (vii) a prescribed service.\n- (i) buy or lease a residence or obtain housing in another way; or\n- (ii) modify or maintain a residence;\n- (i) tenant advisory services;\n- (ii) tenant advocacy services;\n- (iii) home maintenance services;\n- (iv) home modification services;\n- (v) housing-related referral and information services;\n- (vi) provision of crisis accommodation;\n- (vii) a prescribed service.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":null,"content":"### Section sec.9\n\ns 9 om 2013 No. 5 s 6","sortOrder":12},{"sectionNumber":"pt.1-div.4","sectionType":"division","heading":"Queensland Housing Fund","content":"## Queensland Housing Fund","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Queensland Housing Fund","content":"### sec.10 Queensland Housing Fund\n\nThe Queensland Housing Commission Fund under the repealed Act is continued in existence as the Queensland Housing Fund.\nThe Financial Accountability Act 2009 applies to the fund.\nAccounts for the fund must be kept as part of the departmental accounts.\nAmounts received for the fund must be deposited in a departmental financial-institution account of the department, but may be deposited in an account used for depositing other amounts of the department.\nAmounts received for the fund include—\namounts paid to the department as part of its vote under the Financial Accountability Act 2009 and made available by the department for use under this Act; and\namounts received from the Commonwealth for providing housing services; and\nrepayments for loans made under this Act; and\nrent payments for public housing provided under this Act; and\nthe proceeds of the sale of portfolio property; and\nother amounts received by the department under this Act.\nAn amount is payable from the fund for the purposes of this Act.\ngrants to registered providers\nloans to individuals to obtain housing\npurchases of land for the property portfolio\ncosts of administering this Act\nOther amounts may be paid into, or out of, the fund for non-housing purposes but an amount may not be paid out of the fund for a non-housing purpose that is more than the amount paid into the fund for that non-housing purpose.\nAn amount may be paid into the fund under this section only if the amount is not required, under the Financial Accountability Act 2009 or another Act, to be paid into another fund or an account other than a departmental account.\nIn this section—\ndepartmental accounts means the accounts of the department under the Financial Accountability Act 2009 , section 69 .\nnon-housing purpose means a purpose other than a purpose of this Act.\nother amounts of the department means amounts received by the department other than amounts received for the fund.\ns 10 amd 2009 No. 9 s 136 sch 1\n(sec.10-ssec.1) The Queensland Housing Commission Fund under the repealed Act is continued in existence as the Queensland Housing Fund.\n(sec.10-ssec.2) The Financial Accountability Act 2009 applies to the fund.\n(sec.10-ssec.3) Accounts for the fund must be kept as part of the departmental accounts.\n(sec.10-ssec.4) Amounts received for the fund must be deposited in a departmental financial-institution account of the department, but may be deposited in an account used for depositing other amounts of the department.\n(sec.10-ssec.5) Amounts received for the fund include— amounts paid to the department as part of its vote under the Financial Accountability Act 2009 and made available by the department for use under this Act; and amounts received from the Commonwealth for providing housing services; and repayments for loans made under this Act; and rent payments for public housing provided under this Act; and the proceeds of the sale of portfolio property; and other amounts received by the department under this Act.\n(sec.10-ssec.6) An amount is payable from the fund for the purposes of this Act. grants to registered providers loans to individuals to obtain housing purchases of land for the property portfolio costs of administering this Act\n(sec.10-ssec.7) Other amounts may be paid into, or out of, the fund for non-housing purposes but an amount may not be paid out of the fund for a non-housing purpose that is more than the amount paid into the fund for that non-housing purpose.\n(sec.10-ssec.8) An amount may be paid into the fund under this section only if the amount is not required, under the Financial Accountability Act 2009 or another Act, to be paid into another fund or an account other than a departmental account.\n(sec.10-ssec.9) In this section— departmental accounts means the accounts of the department under the Financial Accountability Act 2009 , section 69 . non-housing purpose means a purpose other than a purpose of this Act. other amounts of the department means amounts received by the department other than amounts received for the fund.\n- (a) amounts paid to the department as part of its vote under the Financial Accountability Act 2009 and made available by the department for use under this Act; and\n- (b) amounts received from the Commonwealth for providing housing services; and\n- (c) repayments for loans made under this Act; and\n- (d) rent payments for public housing provided under this Act; and\n- (e) the proceeds of the sale of portfolio property; and\n- (f) other amounts received by the department under this Act.\n- • grants to registered providers\n- • loans to individuals to obtain housing\n- • purchases of land for the property portfolio\n- • costs of administering this Act","sortOrder":14},{"sectionNumber":"pt.2","sectionType":"part","heading":"Chief executive’s functions and powers","content":"# Chief executive’s functions and powers","sortOrder":15},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Functions","content":"## Functions","sortOrder":16},{"sectionNumber":"sec.11","sectionType":"section","heading":"Functions","content":"### sec.11 Functions\n\nThe chief executive is responsible for using the Queensland Housing Fund and portfolio property in ways that best achieve the objects of this Act.\nThe ways that the chief executive may use the fund or property include—\nproviding public housing; and\nproviding grants, loans, land or other assistance to—\nindividuals in need of housing services; and\nentities providing housing services; and\nentities providing housing for their employees or contractors; and\nconducting housing-related research; and\ndeveloping, undertaking or supporting other housing programs and initiatives to—\npromote the development and sustainability of the housing sector; and\nimprove the responsiveness of the housing sector to housing need, housing design issues and planning issues; and\notherwise help the housing sector to meet the demand for safe, secure, appropriate and affordable housing; and\nleasing commercial premises in conjunction with the provision of public housing\nproviding funding for activities carried on by peak housing and industry organisations\nproviding housing-related infrastructure.\nSubsections (1) and (2) do not limit the chief executive’s other functions under this or another Act or law.\n(sec.11-ssec.1) The chief executive is responsible for using the Queensland Housing Fund and portfolio property in ways that best achieve the objects of this Act.\n(sec.11-ssec.2) The ways that the chief executive may use the fund or property include— providing public housing; and providing grants, loans, land or other assistance to— individuals in need of housing services; and entities providing housing services; and entities providing housing for their employees or contractors; and conducting housing-related research; and developing, undertaking or supporting other housing programs and initiatives to— promote the development and sustainability of the housing sector; and improve the responsiveness of the housing sector to housing need, housing design issues and planning issues; and otherwise help the housing sector to meet the demand for safe, secure, appropriate and affordable housing; and leasing commercial premises in conjunction with the provision of public housing providing funding for activities carried on by peak housing and industry organisations providing housing-related infrastructure.\n(sec.11-ssec.3) Subsections (1) and (2) do not limit the chief executive’s other functions under this or another Act or law.\n- (a) providing public housing; and\n- (b) providing grants, loans, land or other assistance to— (i) individuals in need of housing services; and (ii) entities providing housing services; and (iii) entities providing housing for their employees or contractors; and\n- (i) individuals in need of housing services; and\n- (ii) entities providing housing services; and\n- (iii) entities providing housing for their employees or contractors; and\n- (c) conducting housing-related research; and\n- (d) developing, undertaking or supporting other housing programs and initiatives to— (i) promote the development and sustainability of the housing sector; and (ii) improve the responsiveness of the housing sector to housing need, housing design issues and planning issues; and (iii) otherwise help the housing sector to meet the demand for safe, secure, appropriate and affordable housing; and Examples for paragraph (d) — • leasing commercial premises in conjunction with the provision of public housing • providing funding for activities carried on by peak housing and industry organisations\n- (i) promote the development and sustainability of the housing sector; and\n- (ii) improve the responsiveness of the housing sector to housing need, housing design issues and planning issues; and\n- (iii) otherwise help the housing sector to meet the demand for safe, secure, appropriate and affordable housing; and\n- • leasing commercial premises in conjunction with the provision of public housing\n- • providing funding for activities carried on by peak housing and industry organisations\n- (e) providing housing-related infrastructure.\n- (i) individuals in need of housing services; and\n- (ii) entities providing housing services; and\n- (iii) entities providing housing for their employees or contractors; and\n- (i) promote the development and sustainability of the housing sector; and\n- (ii) improve the responsiveness of the housing sector to housing need, housing design issues and planning issues; and\n- (iii) otherwise help the housing sector to meet the demand for safe, secure, appropriate and affordable housing; and\n- • leasing commercial premises in conjunction with the provision of public housing\n- • providing funding for activities carried on by peak housing and industry organisations","sortOrder":17},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Powers","content":"## Powers","sortOrder":18},{"sectionNumber":"sec.12","sectionType":"section","heading":"General powers","content":"### sec.12 General powers\n\nThe chief executive has, under the Minister and as agent of the State, all the powers of the State that are necessary or desirable for performing the chief executive’s functions under this Act.\nWithout limiting subsection (1) , the chief executive may, for example, in performing the chief executive’s functions—\nenter into contracts; and\nacquire, hold, lease, sell and otherwise deal with land and other property; and\ncarry out building and related works and make other improvements to land; and\nappoint agents and attorneys; and\ncharge for goods and services supplied.\nThe chief executive may, on the terms and conditions and subject to the restrictions, exceptions and reservations the chief executive thinks fit, dispose of portfolio property that is surplus to the requirements of the department.\ns 12 amd 2007 No. 47 s 90B\n(sec.12-ssec.1) The chief executive has, under the Minister and as agent of the State, all the powers of the State that are necessary or desirable for performing the chief executive’s functions under this Act.\n(sec.12-ssec.2) Without limiting subsection (1) , the chief executive may, for example, in performing the chief executive’s functions— enter into contracts; and acquire, hold, lease, sell and otherwise deal with land and other property; and carry out building and related works and make other improvements to land; and appoint agents and attorneys; and charge for goods and services supplied.\n(sec.12-ssec.3) The chief executive may, on the terms and conditions and subject to the restrictions, exceptions and reservations the chief executive thinks fit, dispose of portfolio property that is surplus to the requirements of the department.\n- (a) enter into contracts; and\n- (b) acquire, hold, lease, sell and otherwise deal with land and other property; and\n- (c) carry out building and related works and make other improvements to land; and\n- (d) appoint agents and attorneys; and\n- (e) charge for goods and services supplied.","sortOrder":19},{"sectionNumber":"sec.13","sectionType":"section","heading":"Power to make loans and investments","content":"### sec.13 Power to make loans and investments\n\nThe chief executive may make loans and investments, and pay amounts out of a departmental financial-institution account of the department to make a loan or investment, to achieve the objects of this Act.\nSubsection (1) applies despite the Financial Accountability Act 2009 , section 87 .\nSubject to other laws, the chief executive may set interest rates for the loans in the way the chief executive considers appropriate.\ns 13 amd 2009 No. 9 s 136 sch 1\n(sec.13-ssec.1) The chief executive may make loans and investments, and pay amounts out of a departmental financial-institution account of the department to make a loan or investment, to achieve the objects of this Act.\n(sec.13-ssec.2) Subsection (1) applies despite the Financial Accountability Act 2009 , section 87 .\n(sec.13-ssec.3) Subject to other laws, the chief executive may set interest rates for the loans in the way the chief executive considers appropriate.","sortOrder":20},{"sectionNumber":"sec.14","sectionType":"section","heading":"Waiver of amounts owed","content":"### sec.14 Waiver of amounts owed\n\nThis section applies if a person owes an amount to the chief executive arising out of, or relating to, the chief executive’s provision of a housing service.\na rental payment\nan instalment due under a loan agreement\nan amount of compensation for damage caused to a rental property\nThe chief executive may waive, entirely or partly, payment of the amount if the chief executive is satisfied the waiver is appropriate in all the circumstances.\nThe chief executive may waive payment unconditionally or on the conditions the chief executive considers appropriate.\nThe chief executive may waive payment of part of an amount owed by a person on the condition that the person enters into a written agreement about repayment of the rest of the amount.\nIn making a decision under this section about waiving payment of an amount owed by a person, the chief executive must have regard to all the relevant circumstances of which the chief executive is aware, including, for example—\nthe size of the amount owed; and\nwhy the person owes the amount; and\nwhether payment of the amount would cause the person financial hardship; and\nthe person’s likely ability to repay the amount in the future; and\nany special circumstances relevant to whether it would be fair to enforce payment of the amount.\n(sec.14-ssec.1) This section applies if a person owes an amount to the chief executive arising out of, or relating to, the chief executive’s provision of a housing service. a rental payment an instalment due under a loan agreement an amount of compensation for damage caused to a rental property\n(sec.14-ssec.2) The chief executive may waive, entirely or partly, payment of the amount if the chief executive is satisfied the waiver is appropriate in all the circumstances.\n(sec.14-ssec.3) The chief executive may waive payment unconditionally or on the conditions the chief executive considers appropriate. The chief executive may waive payment of part of an amount owed by a person on the condition that the person enters into a written agreement about repayment of the rest of the amount.\n(sec.14-ssec.4) In making a decision under this section about waiving payment of an amount owed by a person, the chief executive must have regard to all the relevant circumstances of which the chief executive is aware, including, for example— the size of the amount owed; and why the person owes the amount; and whether payment of the amount would cause the person financial hardship; and the person’s likely ability to repay the amount in the future; and any special circumstances relevant to whether it would be fair to enforce payment of the amount.\n- • a rental payment\n- • an instalment due under a loan agreement\n- • an amount of compensation for damage caused to a rental property\n- (a) the size of the amount owed; and\n- (b) why the person owes the amount; and\n- (c) whether payment of the amount would cause the person financial hardship; and\n- (d) the person’s likely ability to repay the amount in the future; and\n- (e) any special circumstances relevant to whether it would be fair to enforce payment of the amount.","sortOrder":21},{"sectionNumber":"sec.15","sectionType":"section","heading":"Powers not limited","content":"### sec.15 Powers not limited\n\nThis Act does not limit the chief executive’s powers under another Act or law.\na power of the State delegated to the chief executive under the Constitution of Queensland 2001 , section 55","sortOrder":22},{"sectionNumber":"pt.3","sectionType":"part","heading":"Obligations relating to social housing services","content":"# Obligations relating to social housing services","sortOrder":23},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Giving information to the chief executive or funded provider","content":"## Giving information to the chief executive or funded provider","sortOrder":24},{"sectionNumber":"sec.16","sectionType":"section","heading":"Housing service information","content":"### sec.16 Housing service information\n\nThis division applies to information ( housing service information ) that a person gives to the chief executive for the purpose of a decision by the chief executive about—\nwhether to provide a housing service to the person; or\nthe type of housing service to provide to the person; or\nthe terms on which to provide a housing service to the person.\nHousing service information may include, for example, information given by a person—\nin an application for a housing service; or\nin compliance with a lease agreement, loan agreement or other agreement with the chief executive about providing a housing service to the person; or\nwhile a housing service is being provided to the person, in response to a query from the chief executive.\n(sec.16-ssec.1) This division applies to information ( housing service information ) that a person gives to the chief executive for the purpose of a decision by the chief executive about— whether to provide a housing service to the person; or the type of housing service to provide to the person; or the terms on which to provide a housing service to the person.\n(sec.16-ssec.2) Housing service information may include, for example, information given by a person— in an application for a housing service; or in compliance with a lease agreement, loan agreement or other agreement with the chief executive about providing a housing service to the person; or while a housing service is being provided to the person, in response to a query from the chief executive.\n- (a) whether to provide a housing service to the person; or\n- (b) the type of housing service to provide to the person; or\n- (c) the terms on which to provide a housing service to the person.\n- (a) in an application for a housing service; or\n- (b) in compliance with a lease agreement, loan agreement or other agreement with the chief executive about providing a housing service to the person; or\n- (c) while a housing service is being provided to the person, in response to a query from the chief executive.","sortOrder":25},{"sectionNumber":"sec.17","sectionType":"section","heading":"False or misleading information","content":"### sec.17 False or misleading information\n\nA person must not give the chief executive or a funded provider housing service information that the person knows is false or misleading in a material particular.\nA person applies to the chief executive for a loan to buy a house. The application includes false information about the person’s financial circumstances.\nA person applies to the chief executive to be provided with rental accommodation. The application is accompanied by a declaration about the person’s income, made by the person’s employer, that the person knows to be false.\nA person is renting a house from a funded provider. In response to a query from the funded provider, the person gives false information about the income of persons living in the house.\nMaximum penalty—10 penalty units.\nSubsection (1) does not apply to a person who gives the chief executive or a funded provider a document containing housing service information if the person, when giving the document—\ntells the chief executive or the funded provider, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\ns 17 amd 2014 No. 57 s 64\n(sec.17-ssec.1) A person must not give the chief executive or a funded provider housing service information that the person knows is false or misleading in a material particular. A person applies to the chief executive for a loan to buy a house. The application includes false information about the person’s financial circumstances. A person applies to the chief executive to be provided with rental accommodation. The application is accompanied by a declaration about the person’s income, made by the person’s employer, that the person knows to be false. A person is renting a house from a funded provider. In response to a query from the funded provider, the person gives false information about the income of persons living in the house. Maximum penalty—10 penalty units.\n(sec.17-ssec.2) Subsection (1) does not apply to a person who gives the chief executive or a funded provider a document containing housing service information if the person, when giving the document— tells the chief executive or the funded provider, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- 1 A person applies to the chief executive for a loan to buy a house. The application includes false information about the person’s financial circumstances.\n- 2 A person applies to the chief executive to be provided with rental accommodation. The application is accompanied by a declaration about the person’s income, made by the person’s employer, that the person knows to be false.\n- 3 A person is renting a house from a funded provider. In response to a query from the funded provider, the person gives false information about the income of persons living in the house.\n- (a) tells the chief executive or the funded provider, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":26},{"sectionNumber":"sec.18","sectionType":"section","heading":"Notice of changes in information","content":"### sec.18 Notice of changes in information\n\nThis section applies only to housing service information prescribed under a regulation.\nWithin 28 days after there is a change in housing service information that a person has given to the chief executive or a funded provider, the person must give the chief executive or funded provider notice of the change, unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.\ns 18 amd 2014 No. 57 s 65\n(sec.18-ssec.1) This section applies only to housing service information prescribed under a regulation.\n(sec.18-ssec.2) Within 28 days after there is a change in housing service information that a person has given to the chief executive or a funded provider, the person must give the chief executive or funded provider notice of the change, unless the person has a reasonable excuse. Maximum penalty—10 penalty units.","sortOrder":27},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":28},{"sectionNumber":"sec.19","sectionType":"section","heading":"Unauthorised use or subletting of rental accommodation","content":"### sec.19 Unauthorised use or subletting of rental accommodation\n\nThis section applies to a provision of a residential tenancy agreement between the chief executive and a person that—\nthe person must use the premises as the person’s place of residence; or\nthe person must not sublease the premises; or\nthe person must not use the premises, or allow the premises to be used, for a purpose other than a place of residence; or\nthe person must not allow the premises to be used as the place of residence of—\nanyone other than the person, the person’s family or other stated persons; or\nmore than a stated number of persons.\nThe person must not contravene the provision.\nMaximum penalty—10 penalty units.\nThe person does not contravene the provision only by a non-use, sublease or use of the premises under written authority from the chief executive.\nSubsection (2) does not limit another consequence of a contravention of the provision.\nA person’s contravention of a residential tenancy agreement with the chief executive may be an offence against subsection (2) and may also allow the chief executive to take action, as lessor, under the Residential Tenancies and Rooming Accommodation Act 2008 .\ns 19 amd 2008 No. 73 s 554 sch 1\n(sec.19-ssec.1) This section applies to a provision of a residential tenancy agreement between the chief executive and a person that— the person must use the premises as the person’s place of residence; or the person must not sublease the premises; or the person must not use the premises, or allow the premises to be used, for a purpose other than a place of residence; or the person must not allow the premises to be used as the place of residence of— anyone other than the person, the person’s family or other stated persons; or more than a stated number of persons.\n(sec.19-ssec.2) The person must not contravene the provision. Maximum penalty—10 penalty units.\n(sec.19-ssec.3) The person does not contravene the provision only by a non-use, sublease or use of the premises under written authority from the chief executive.\n(sec.19-ssec.4) Subsection (2) does not limit another consequence of a contravention of the provision. A person’s contravention of a residential tenancy agreement with the chief executive may be an offence against subsection (2) and may also allow the chief executive to take action, as lessor, under the Residential Tenancies and Rooming Accommodation Act 2008 .\n- (a) the person must use the premises as the person’s place of residence; or\n- (b) the person must not sublease the premises; or\n- (c) the person must not use the premises, or allow the premises to be used, for a purpose other than a place of residence; or\n- (d) the person must not allow the premises to be used as the place of residence of— (i) anyone other than the person, the person’s family or other stated persons; or (ii) more than a stated number of persons.\n- (i) anyone other than the person, the person’s family or other stated persons; or\n- (ii) more than a stated number of persons.\n- (i) anyone other than the person, the person’s family or other stated persons; or\n- (ii) more than a stated number of persons.","sortOrder":29},{"sectionNumber":"pt.4","sectionType":"part","heading":"Funding","content":"# Funding","sortOrder":30},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":31},{"sectionNumber":"sec.20","sectionType":"section","heading":null,"content":"### Section sec.20\n\ns 20 om 2013 No. 5 s 9","sortOrder":32},{"sectionNumber":"sec.21","sectionType":"section","heading":"Meaning of funding and funded provider","content":"### sec.21 Meaning of funding and funded provider\n\nFunding is assistance provided by the chief executive—\nin the form of money or other assistance to a funded provider to assist the provider in providing housing services; and\non condition the funded provider is accountable to the chief executive for providing the housing services and the use of the money or other assistance.\nA funded provider is an entity providing, or required to provide, housing services using funding.\nFor subsection (2) , it does not matter—\nif other resources are also used to provide the services; or\nthat an agreement under which the funding was provided has ended.\ns 21 amd 2004 No. 37 s 86 sch 1 ; 2007 No. 59 s 152 sch\nsub 2013 No. 5 s 10\n(sec.21-ssec.1) Funding is assistance provided by the chief executive— in the form of money or other assistance to a funded provider to assist the provider in providing housing services; and on condition the funded provider is accountable to the chief executive for providing the housing services and the use of the money or other assistance.\n(sec.21-ssec.2) A funded provider is an entity providing, or required to provide, housing services using funding.\n(sec.21-ssec.3) For subsection (2) , it does not matter— if other resources are also used to provide the services; or that an agreement under which the funding was provided has ended.\n- (a) in the form of money or other assistance to a funded provider to assist the provider in providing housing services; and\n- (b) on condition the funded provider is accountable to the chief executive for providing the housing services and the use of the money or other assistance.\n- (a) if other resources are also used to provide the services; or\n- (b) that an agreement under which the funding was provided has ended.","sortOrder":33},{"sectionNumber":"sec.22","sectionType":"section","heading":"Only particular providers eligible to receive funding to deliver social housing services","content":"### sec.22 Only particular providers eligible to receive funding to deliver social housing services\n\nThe chief executive may give funding to deliver a social housing service only to—\na registered provider; or\nan exempt provider.\ns 22 sub 2013 No. 5 s 10\n- (a) a registered provider; or\n- (b) an exempt provider.","sortOrder":34},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Providing funding","content":"## Providing funding","sortOrder":35},{"sectionNumber":"sec.23","sectionType":"section","heading":"Types of funding that may be provided","content":"### sec.23 Types of funding that may be provided\n\nThe chief executive may give an entity that provides, or intends to provide, a housing service funding the chief executive considers appropriate to assist the entity to provide the service, including, for example—\nmaking, on appropriate conditions, a monetary grant or a series of monetary grants to the entity; or\nmaking a secured loan to the entity; or\ntransferring to the entity land subject to an appropriate security or covenant relating to the use of the land; or\nleasing land to the entity.\ns 23 sub 2013 No. 5 s 12\n- (a) making, on appropriate conditions, a monetary grant or a series of monetary grants to the entity; or\n- (b) making a secured loan to the entity; or\n- (c) transferring to the entity land subject to an appropriate security or covenant relating to the use of the land; or\n- (d) leasing land to the entity.","sortOrder":36},{"sectionNumber":"sec.24","sectionType":"section","heading":"Purpose of funding","content":"### sec.24 Purpose of funding\n\nThe purpose of funding an entity is to enable it to provide housing services in ways that best achieve the objects of this Act.\ns 24 amd 2013 No. 5 s 13","sortOrder":37},{"sectionNumber":"sec.25","sectionType":"section","heading":"Funding agreement","content":"### sec.25 Funding agreement\n\nThe chief executive may enter into an agreement (a funding agreement ) with an entity for giving funding to the entity.\nA funding agreement may include the terms the chief executive considers appropriate.\nA term of a funding agreement may provide that, if the funded provider deals with a stated amount in a way that contravenes a stated prescribed requirement, the amount is repayable to the chief executive.\ns 25 sub 2013 No. 5 s 14\n(sec.25-ssec.1) The chief executive may enter into an agreement (a funding agreement ) with an entity for giving funding to the entity.\n(sec.25-ssec.2) A funding agreement may include the terms the chief executive considers appropriate. A term of a funding agreement may provide that, if the funded provider deals with a stated amount in a way that contravenes a stated prescribed requirement, the amount is repayable to the chief executive.","sortOrder":38},{"sectionNumber":"sec.26","sectionType":"section","heading":"Demand for repayment of unexpended amounts","content":"### sec.26 Demand for repayment of unexpended amounts\n\nThis section applies if—\na funding agreement with a funded provider ends; and\nan amount that the chief executive paid to the provider under the agreement has not been expended.\nThe chief executive may give the provider a notice (a show cause notice ) stating—\nthat the chief executive proposes to demand repayment of the unexpended amount; and\nthat the provider may, within a stated time of at least 7 days, give the chief executive a written response about the proposed demand.\nAfter considering any written response received from the provider within the stated time, the chief executive may demand repayment of all or some of the amount stated in the show cause notice.\nIf the chief executive decides not to demand repayment of any of the amount, the chief executive must give the provider notice of the decision.\nThe chief executive may recover the demanded amount as a debt owed to the State.\nThis section does not limit the ways the chief executive may demand payment of, or recover, an amount owed to the chief executive.\ns 26 amd 2013 No. 5 s 15\n(sec.26-ssec.1) This section applies if— a funding agreement with a funded provider ends; and an amount that the chief executive paid to the provider under the agreement has not been expended.\n(sec.26-ssec.2) The chief executive may give the provider a notice (a show cause notice ) stating— that the chief executive proposes to demand repayment of the unexpended amount; and that the provider may, within a stated time of at least 7 days, give the chief executive a written response about the proposed demand.\n(sec.26-ssec.3) After considering any written response received from the provider within the stated time, the chief executive may demand repayment of all or some of the amount stated in the show cause notice.\n(sec.26-ssec.4) If the chief executive decides not to demand repayment of any of the amount, the chief executive must give the provider notice of the decision.\n(sec.26-ssec.5) The chief executive may recover the demanded amount as a debt owed to the State.\n(sec.26-ssec.6) This section does not limit the ways the chief executive may demand payment of, or recover, an amount owed to the chief executive.\n- (a) a funding agreement with a funded provider ends; and\n- (b) an amount that the chief executive paid to the provider under the agreement has not been expended.\n- (a) that the chief executive proposes to demand repayment of the unexpended amount; and\n- (b) that the provider may, within a stated time of at least 7 days, give the chief executive a written response about the proposed demand.","sortOrder":39},{"sectionNumber":"sec.27","sectionType":"section","heading":"No entitlement to funding","content":"### sec.27 No entitlement to funding\n\nThe chief executive is not required to give funding to an entity, or to enter into a funding agreement with an entity, merely because the entity is a registered provider.\ns 27 amd 2013 No. 5 s 16","sortOrder":40},{"sectionNumber":"sec.28","sectionType":"section","heading":null,"content":"### Section sec.28\n\ns 28 om 2013 No. 5 s 17","sortOrder":41},{"sectionNumber":"sec.29","sectionType":"section","heading":null,"content":"### Section sec.29\n\ns 29 om 2013 No. 5 s 17","sortOrder":42},{"sectionNumber":"sec.30","sectionType":"section","heading":null,"content":"### Section sec.30\n\ns 30 om 2013 No. 5 s 17","sortOrder":43},{"sectionNumber":"sec.31","sectionType":"section","heading":null,"content":"### Section sec.31\n\ns 31 om 2013 No. 5 s 17","sortOrder":44},{"sectionNumber":"sec.32","sectionType":"section","heading":null,"content":"### Section sec.32\n\ns 32 om 2013 No. 5 s 17","sortOrder":45},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Compliance with prescribed requirements","content":"## Compliance with prescribed requirements","sortOrder":46},{"sectionNumber":"sec.33","sectionType":"section","heading":"Prescribed requirements","content":"### sec.33 Prescribed requirements\n\nA regulation may prescribe requirements relating to the provision of housing services for which a funded provider receives funding.\nWithout limiting subsection (1) , a regulation may prescribe a requirement about—\nhow a funded provider conducts its operations while providing a housing service for which the provider receives funding, including—\nfinancial management and accountability; and\ncorporate governance; and\nhow a funded provider delivers services to clients, including—\ndeciding eligibility and priority for services; and\ngiving information; and\nresolving disputes; and\nother matters about providing a housing service for which the provider receives funding, including—\ntenancy management; and\nrent assessment and collection; and\nproperty management.\nA requirement may include provision about—\npreparing, maintaining, publishing or implementing a policy; or\nreporting to the chief executive.\ns 33 amd 2013 No. 5 s 19\n(sec.33-ssec.1) A regulation may prescribe requirements relating to the provision of housing services for which a funded provider receives funding.\n(sec.33-ssec.2) Without limiting subsection (1) , a regulation may prescribe a requirement about— how a funded provider conducts its operations while providing a housing service for which the provider receives funding, including— financial management and accountability; and corporate governance; and how a funded provider delivers services to clients, including— deciding eligibility and priority for services; and giving information; and resolving disputes; and other matters about providing a housing service for which the provider receives funding, including— tenancy management; and rent assessment and collection; and property management.\n(sec.33-ssec.3) A requirement may include provision about— preparing, maintaining, publishing or implementing a policy; or reporting to the chief executive.\n- (a) how a funded provider conducts its operations while providing a housing service for which the provider receives funding, including— (i) financial management and accountability; and (ii) corporate governance; and\n- (i) financial management and accountability; and\n- (ii) corporate governance; and\n- (b) how a funded provider delivers services to clients, including— (i) deciding eligibility and priority for services; and (ii) giving information; and (iii) resolving disputes; and\n- (i) deciding eligibility and priority for services; and\n- (ii) giving information; and\n- (iii) resolving disputes; and\n- (c) other matters about providing a housing service for which the provider receives funding, including— (i) tenancy management; and (ii) rent assessment and collection; and (iii) property management.\n- (i) tenancy management; and\n- (ii) rent assessment and collection; and\n- (iii) property management.\n- (i) financial management and accountability; and\n- (ii) corporate governance; and\n- (i) deciding eligibility and priority for services; and\n- (ii) giving information; and\n- (iii) resolving disputes; and\n- (i) tenancy management; and\n- (ii) rent assessment and collection; and\n- (iii) property management.\n- (a) preparing, maintaining, publishing or implementing a policy; or\n- (b) reporting to the chief executive.","sortOrder":47},{"sectionNumber":"sec.34","sectionType":"section","heading":"Funded provider must comply with prescribed requirements","content":"### sec.34 Funded provider must comply with prescribed requirements\n\nA funded provider must not contravene a prescribed requirement relating to the provision by the provider of a housing service for which the provider receives funding.\nUnder section 35 , a funded provider may be given a compliance notice requiring the provider to remedy a contravention of a prescribed requirement.\nThe extent of a funded provider’s compliance with, or contravention of, a prescribed requirement is likely to be a relevant matter for the chief executive to consider when deciding the further funding, if any, to give to the provider under this part.\nA funding agreement may include a provision about the consequences of a contravention of a prescribed requirement.\nNoncompliance by a funded ancillary provider with certain types of prescribed requirements may lead to the appointment of an interim manager to the business of that provider—see sections 40 and 41 .\ns 34 sub 2013 No. 5 s 20\n- 1 Under section 35 , a funded provider may be given a compliance notice requiring the provider to remedy a contravention of a prescribed requirement.\n- 2 The extent of a funded provider’s compliance with, or contravention of, a prescribed requirement is likely to be a relevant matter for the chief executive to consider when deciding the further funding, if any, to give to the provider under this part.\n- 3 A funding agreement may include a provision about the consequences of a contravention of a prescribed requirement.\n- 4 Noncompliance by a funded ancillary provider with certain types of prescribed requirements may lead to the appointment of an interim manager to the business of that provider—see sections 40 and 41 .","sortOrder":48},{"sectionNumber":"sec.35","sectionType":"section","heading":"Compliance notice","content":"### sec.35 Compliance notice\n\nThis section applies if the chief executive reasonably believes a funded provider—\nis contravening a prescribed requirement; or\nhas contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated.\nThe chief executive may give the provider a notice (a compliance notice ) requiring the provider to remedy the contravention.\nThe compliance notice must state the following—\nthat the chief executive reasonably believes the provider—\nis contravening a prescribed requirement; or\nhas contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated;\nthe prescribed requirement the chief executive believes is being, or has been, contravened;\nbriefly, how it is believed the prescribed requirement is being, or has been, contravened;\nthat the provider must remedy the contravention within a stated reasonable time;\nthat it is an offence to fail to comply with the compliance notice unless the provider has a reasonable excuse.\nThe compliance notice may also state the steps that the chief executive reasonably believes are necessary to remedy the contravention, or avoid further contravention, of the prescribed requirement.\nThe provider must comply with the compliance notice unless the provider has a reasonable excuse.\nMaximum penalty—20 penalty units.\nIf the provider contravenes subsection (5) —\nthe chief executive is not required to give any funding or further funding, to the provider under a funding agreement in force when the relevant compliance notice was given, despite any provision of the agreement; and\nthe chief executive may include in the register a note about the contravention that the chief executive considers appropriate.\nThis section does not limit—\na remedy available to the chief executive under a funding agreement; or\nthe chief executive’s powers apart from this section.\ns 35 amd 2013 No. 5 s 21\n(sec.35-ssec.1) This section applies if the chief executive reasonably believes a funded provider— is contravening a prescribed requirement; or has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated.\n(sec.35-ssec.2) The chief executive may give the provider a notice (a compliance notice ) requiring the provider to remedy the contravention.\n(sec.35-ssec.3) The compliance notice must state the following— that the chief executive reasonably believes the provider— is contravening a prescribed requirement; or has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated; the prescribed requirement the chief executive believes is being, or has been, contravened; briefly, how it is believed the prescribed requirement is being, or has been, contravened; that the provider must remedy the contravention within a stated reasonable time; that it is an offence to fail to comply with the compliance notice unless the provider has a reasonable excuse.\n(sec.35-ssec.4) The compliance notice may also state the steps that the chief executive reasonably believes are necessary to remedy the contravention, or avoid further contravention, of the prescribed requirement.\n(sec.35-ssec.5) The provider must comply with the compliance notice unless the provider has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.35-ssec.6) If the provider contravenes subsection (5) — the chief executive is not required to give any funding or further funding, to the provider under a funding agreement in force when the relevant compliance notice was given, despite any provision of the agreement; and the chief executive may include in the register a note about the contravention that the chief executive considers appropriate.\n(sec.35-ssec.7) This section does not limit— a remedy available to the chief executive under a funding agreement; or the chief executive’s powers apart from this section.\n- (a) is contravening a prescribed requirement; or\n- (b) has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated.\n- (a) that the chief executive reasonably believes the provider— (i) is contravening a prescribed requirement; or (ii) has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated;\n- (i) is contravening a prescribed requirement; or\n- (ii) has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated;\n- (b) the prescribed requirement the chief executive believes is being, or has been, contravened;\n- (c) briefly, how it is believed the prescribed requirement is being, or has been, contravened;\n- (d) that the provider must remedy the contravention within a stated reasonable time;\n- (e) that it is an offence to fail to comply with the compliance notice unless the provider has a reasonable excuse.\n- (i) is contravening a prescribed requirement; or\n- (ii) has contravened a prescribed requirement in circumstances that make it likely the contravention will continue or be repeated;\n- (a) the chief executive is not required to give any funding or further funding, to the provider under a funding agreement in force when the relevant compliance notice was given, despite any provision of the agreement; and\n- (b) the chief executive may include in the register a note about the contravention that the chief executive considers appropriate.\n- (a) a remedy available to the chief executive under a funding agreement; or\n- (b) the chief executive’s powers apart from this section.","sortOrder":49},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":null,"content":"","sortOrder":50},{"sectionNumber":"pt.4A","sectionType":"part","heading":"Community housing providers","content":"# Community housing providers","sortOrder":51},{"sectionNumber":"pt.4A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":52},{"sectionNumber":"sec.36","sectionType":"section","heading":"Objects of this part","content":"### sec.36 Objects of this part\n\nThis part establishes a system for the registration, monitoring and regulation of entities providing community housing services—\nto encourage the development, viability and quality of community housing services; and\nto promote confidence in the good governance of registered providers of community housing services, in order to facilitate greater investment in the community housing sector; and\nto make it easier for providers of community housing services to operate in more than 1 participating jurisdiction.\nPart 4A implements the State’s obligations under the Inter-Governmental Agreement for a National Regulatory System for Community Housing Providers.\ns 36 prev s 36 om 2013 No. 5 s 22\npres s 36 ins 2013 No. 5 s 23\n- (a) to encourage the development, viability and quality of community housing services; and\n- (b) to promote confidence in the good governance of registered providers of community housing services, in order to facilitate greater investment in the community housing sector; and\n- (c) to make it easier for providers of community housing services to operate in more than 1 participating jurisdiction.","sortOrder":53},{"sectionNumber":"sec.36A","sectionType":"section","heading":"Meaning of primary jurisdiction","content":"### sec.36A Meaning of primary jurisdiction\n\nThe primary jurisdiction of a national provider, or a national entity (a potential provider ) intending to provide a community housing service, is—\nthe participating jurisdiction in which the national provider provides, or the potential provider intends to provide, most of its community housing services; or\nif the registrars of each participating jurisdiction agree to a different primary jurisdiction—that jurisdiction.\nThe registrars of each participating jurisdiction may agree to a different primary jurisdiction for a national provider or potential provider at any time whether or not on the application of the national provider or potential provider.\nAs soon as practicable after agreeing on a different primary jurisdiction for a national provider or potential provider, the registrar of the provider’s new primary jurisdiction must—\ngive the national provider or potential provider notice of its new primary jurisdiction; and\nrecord the new primary jurisdiction on the national register.\nFor subsection (1) (a) , a community housing service provided by a national provider, or intended to be provided by a potential provider, in a jurisdiction other than a participating jurisdiction is not to be taken into account in deciding where most of the national provider’s or potential provider’s community housing services are, or will be, provided.\ns 36A ins 2013 No. 5 s 23\n(sec.36A-ssec.1) The primary jurisdiction of a national provider, or a national entity (a potential provider ) intending to provide a community housing service, is— the participating jurisdiction in which the national provider provides, or the potential provider intends to provide, most of its community housing services; or if the registrars of each participating jurisdiction agree to a different primary jurisdiction—that jurisdiction.\n(sec.36A-ssec.2) The registrars of each participating jurisdiction may agree to a different primary jurisdiction for a national provider or potential provider at any time whether or not on the application of the national provider or potential provider.\n(sec.36A-ssec.3) As soon as practicable after agreeing on a different primary jurisdiction for a national provider or potential provider, the registrar of the provider’s new primary jurisdiction must— give the national provider or potential provider notice of its new primary jurisdiction; and record the new primary jurisdiction on the national register.\n(sec.36A-ssec.4) For subsection (1) (a) , a community housing service provided by a national provider, or intended to be provided by a potential provider, in a jurisdiction other than a participating jurisdiction is not to be taken into account in deciding where most of the national provider’s or potential provider’s community housing services are, or will be, provided.\n- (a) the participating jurisdiction in which the national provider provides, or the potential provider intends to provide, most of its community housing services; or\n- (b) if the registrars of each participating jurisdiction agree to a different primary jurisdiction—that jurisdiction.\n- (a) give the national provider or potential provider notice of its new primary jurisdiction; and\n- (b) record the new primary jurisdiction on the national register.","sortOrder":54},{"sectionNumber":"sec.36B","sectionType":"section","heading":"Extraterritorial operation of pt 4A","content":"### sec.36B Extraterritorial operation of pt 4A\n\nIt is the intention of the Parliament that, as far as the legislative power of the Parliament permits, the operation of this part includes operation in relation to the following—\nthings situated in or outside the territorial limits of the State;\nacts, transactions, and matters done, entered into or occurring in or outside the territorial limits of the State;\nthings, acts, transactions and matters, wherever situated, done, entered into or occurring, that would, apart from this part, be governed or otherwise affected by the law of another jurisdiction.\ns 36B ins 2013 No. 5 s 23\n- (a) things situated in or outside the territorial limits of the State;\n- (b) acts, transactions, and matters done, entered into or occurring in or outside the territorial limits of the State;\n- (c) things, acts, transactions and matters, wherever situated, done, entered into or occurring, that would, apart from this part, be governed or otherwise affected by the law of another jurisdiction.","sortOrder":55},{"sectionNumber":"sec.36C","sectionType":"section","heading":"Chief executive declared to be housing agency","content":"### sec.36C Chief executive declared to be housing agency\n\nFor the purpose of the corresponding laws of the other participating jurisdictions, the chief executive as agent for the State is declared to be the housing agency for this jurisdiction.\nSee definition, housing agency in schedule 4 (Dictionary).\ns 36C ins 2013 No. 5 s 23","sortOrder":56},{"sectionNumber":"pt.4A-div.2","sectionType":"division","heading":"Registrar","content":"## Registrar","sortOrder":57},{"sectionNumber":"sec.36D","sectionType":"section","heading":"Appointment","content":"### sec.36D Appointment\n\nThe chief executive may appoint an appropriately qualified person as the registrar of—\nthe national register for this jurisdiction; and\nthe state register.\nThe registrar is to be appointed and employed under the Public Sector Act 2022 .\ns 36D ins 2013 No. 5 s 23\namd 2022 No. 34 s 365 sch 3\n(sec.36D-ssec.1) The chief executive may appoint an appropriately qualified person as the registrar of— the national register for this jurisdiction; and the state register.\n(sec.36D-ssec.2) The registrar is to be appointed and employed under the Public Sector Act 2022 .\n- (a) the national register for this jurisdiction; and\n- (b) the state register.","sortOrder":58},{"sectionNumber":"sec.36E","sectionType":"section","heading":"Independence of registrar","content":"### sec.36E Independence of registrar\n\nSubject to the Minister and the chief executive, the registrar is to control—\nthe national register for this jurisdiction; and\nthe state register.\nHowever, the registrar is not subject to the control of the Minister or the chief executive in making decisions about any of the following matters—\nthe approval or refusal of an application for registration on the national register for this jurisdiction or the state register;\nthe imposition of conditions on the registration of a registered provider, including the imposition of an additional standard condition on the registration of a national provider;\nthe variation of a national provider’s category of registration;\nthe exercise of an enforcement or intervention function or power under division 4 ;\nthe cancellation of a registered provider’s registration on the national register or the state register.\ns 36E ins 2013 No. 5 s 23\n(sec.36E-ssec.1) Subject to the Minister and the chief executive, the registrar is to control— the national register for this jurisdiction; and the state register.\n(sec.36E-ssec.2) However, the registrar is not subject to the control of the Minister or the chief executive in making decisions about any of the following matters— the approval or refusal of an application for registration on the national register for this jurisdiction or the state register; the imposition of conditions on the registration of a registered provider, including the imposition of an additional standard condition on the registration of a national provider; the variation of a national provider’s category of registration; the exercise of an enforcement or intervention function or power under division 4 ; the cancellation of a registered provider’s registration on the national register or the state register.\n- (a) the national register for this jurisdiction; and\n- (b) the state register.\n- (a) the approval or refusal of an application for registration on the national register for this jurisdiction or the state register;\n- (b) the imposition of conditions on the registration of a registered provider, including the imposition of an additional standard condition on the registration of a national provider;\n- (c) the variation of a national provider’s category of registration;\n- (d) the exercise of an enforcement or intervention function or power under division 4 ;\n- (e) the cancellation of a registered provider’s registration on the national register or the state register.","sortOrder":59},{"sectionNumber":"sec.36F","sectionType":"section","heading":"Functions of registrar","content":"### sec.36F Functions of registrar\n\nThe registrar has the following functions—\nmaintaining—\nthe national register, jointly with the registrars for the other participating jurisdictions; and\nthe state register;\nassessing the suitability of applicants for registration;\nregistering—\nnational entities, for which this jurisdiction is or will be the primary jurisdiction, as national providers; and\nlocal governments and other entities as state providers;\ncancelling the registration of registered providers;\nmonitoring and enforcing compliance by registered providers with this Act and exercising enforcement and intervention functions under division 4 ;\ninvestigating complaints about the compliance by registered providers with this Act;\nany other functions conferred or imposed on the registrar under this Act or another Act.\nThe registrar has the following additional functions in relation to the national register—\nproviding information about the registration of national entities and the compliance by national providers with this Act;\nsharing information and cooperating with the registrars of the other participating jurisdictions for the purposes of this Act and corresponding laws;\nproviding information and advice to the Minister and chief executive about registration of national entities, the regulation of national providers and any other matters under this Act or a corresponding law.\ns 36F ins 2013 No. 5 s 23\n(sec.36F-ssec.1) The registrar has the following functions— maintaining— the national register, jointly with the registrars for the other participating jurisdictions; and the state register; assessing the suitability of applicants for registration; registering— national entities, for which this jurisdiction is or will be the primary jurisdiction, as national providers; and local governments and other entities as state providers; cancelling the registration of registered providers; monitoring and enforcing compliance by registered providers with this Act and exercising enforcement and intervention functions under division 4 ; investigating complaints about the compliance by registered providers with this Act; any other functions conferred or imposed on the registrar under this Act or another Act.\n(sec.36F-ssec.2) The registrar has the following additional functions in relation to the national register— providing information about the registration of national entities and the compliance by national providers with this Act; sharing information and cooperating with the registrars of the other participating jurisdictions for the purposes of this Act and corresponding laws; providing information and advice to the Minister and chief executive about registration of national entities, the regulation of national providers and any other matters under this Act or a corresponding law.\n- (a) maintaining— (i) the national register, jointly with the registrars for the other participating jurisdictions; and (ii) the state register;\n- (i) the national register, jointly with the registrars for the other participating jurisdictions; and\n- (ii) the state register;\n- (b) assessing the suitability of applicants for registration;\n- (c) registering— (i) national entities, for which this jurisdiction is or will be the primary jurisdiction, as national providers; and (ii) local governments and other entities as state providers;\n- (i) national entities, for which this jurisdiction is or will be the primary jurisdiction, as national providers; and\n- (ii) local governments and other entities as state providers;\n- (d) cancelling the registration of registered providers;\n- (e) monitoring and enforcing compliance by registered providers with this Act and exercising enforcement and intervention functions under division 4 ;\n- (f) investigating complaints about the compliance by registered providers with this Act;\n- (g) any other functions conferred or imposed on the registrar under this Act or another Act.\n- (i) the national register, jointly with the registrars for the other participating jurisdictions; and\n- (ii) the state register;\n- (i) national entities, for which this jurisdiction is or will be the primary jurisdiction, as national providers; and\n- (ii) local governments and other entities as state providers;\n- (a) providing information about the registration of national entities and the compliance by national providers with this Act;\n- (b) sharing information and cooperating with the registrars of the other participating jurisdictions for the purposes of this Act and corresponding laws;\n- (c) providing information and advice to the Minister and chief executive about registration of national entities, the regulation of national providers and any other matters under this Act or a corresponding law.","sortOrder":60},{"sectionNumber":"sec.36G","sectionType":"section","heading":"Powers of registrar","content":"### sec.36G Powers of registrar\n\nThe registrar has the power necessary or convenient to carry out the registrar’s functions.\ns 36G ins 2013 No. 5 s 23","sortOrder":61},{"sectionNumber":"sec.36H","sectionType":"section","heading":"Registrar must comply with guidelines","content":"### sec.36H Registrar must comply with guidelines\n\nIn performing a function in relation to the national register, the registrar must comply with any guidelines made jointly by the Minister and each Minister responsible for the administration of a corresponding law for a participating jurisdiction, and published—\nin the New South Wales Government Gazette; or\non the New South Wales legislation website.\ns 36H ins 2013 No. 5 s 23\n- (a) in the New South Wales Government Gazette; or\n- (b) on the New South Wales legislation website.","sortOrder":62},{"sectionNumber":"sec.36I","sectionType":"section","heading":"Registrar not personally liable","content":"### sec.36I Registrar not personally liable\n\nThe registrar is not personally liable for any matter or thing done or omitted to be done in good faith in the performance of a function, or the exercise of a power, of the registrar under this Act.\ns 36I ins 2013 No. 5 s 23","sortOrder":63},{"sectionNumber":"sec.36J","sectionType":"section","heading":"Delegation of registrar’s functions or powers","content":"### sec.36J Delegation of registrar’s functions or powers\n\nThe registrar may delegate the registrar’s functions and powers under this Act to—\nif the function or power relates to the state register—an appropriately qualified officer of the department; or\nif the function or power relates to the national register—\nthe registrar of another participating jurisdiction; or\nan appropriately qualified officer of the department; or\na prescribed person or a member of a prescribed class of persons.\nWithout limiting subsection (1) , the functions and powers relating to the national register that may be delegated by the registrar include—\nfunctions and powers of the registrar as the primary registrar for a national provider, or a national entity intending to provide a community housing service; and\nfunctions and powers delegated to the registrar by the registrar of another participating jurisdiction.\nHowever, the registrar may delegate the following functions or powers only to an authorised officer—\nthe power to request the provision of information relating to a registered provider’s affairs, including a specified document or record, as mentioned in schedule 2 , section 4 ;\nthe power to request a registered provider attend a meeting to answer questions about the provider’s affairs, as mentioned in schedule 2 , section 5 ;\nthe power to enter a registered provider’s premises to inspect the premises or the provider’s records, as mentioned in schedule 2 , section 6 ;\na power or function conferred on the registrar by the corresponding law of a participating jurisdiction that corresponds to the conditions of registration mentioned in schedule 3 , part 1 , sections 3 to 5 .\ns 36J ins 2013 No. 5 s 23\n(sec.36J-ssec.1) The registrar may delegate the registrar’s functions and powers under this Act to— if the function or power relates to the state register—an appropriately qualified officer of the department; or if the function or power relates to the national register— the registrar of another participating jurisdiction; or an appropriately qualified officer of the department; or a prescribed person or a member of a prescribed class of persons.\n(sec.36J-ssec.2) Without limiting subsection (1) , the functions and powers relating to the national register that may be delegated by the registrar include— functions and powers of the registrar as the primary registrar for a national provider, or a national entity intending to provide a community housing service; and functions and powers delegated to the registrar by the registrar of another participating jurisdiction.\n(sec.36J-ssec.3) However, the registrar may delegate the following functions or powers only to an authorised officer— the power to request the provision of information relating to a registered provider’s affairs, including a specified document or record, as mentioned in schedule 2 , section 4 ; the power to request a registered provider attend a meeting to answer questions about the provider’s affairs, as mentioned in schedule 2 , section 5 ; the power to enter a registered provider’s premises to inspect the premises or the provider’s records, as mentioned in schedule 2 , section 6 ; a power or function conferred on the registrar by the corresponding law of a participating jurisdiction that corresponds to the conditions of registration mentioned in schedule 3 , part 1 , sections 3 to 5 .\n- (a) if the function or power relates to the state register—an appropriately qualified officer of the department; or\n- (b) if the function or power relates to the national register— (i) the registrar of another participating jurisdiction; or (ii) an appropriately qualified officer of the department; or (iii) a prescribed person or a member of a prescribed class of persons.\n- (i) the registrar of another participating jurisdiction; or\n- (ii) an appropriately qualified officer of the department; or\n- (iii) a prescribed person or a member of a prescribed class of persons.\n- (i) the registrar of another participating jurisdiction; or\n- (ii) an appropriately qualified officer of the department; or\n- (iii) a prescribed person or a member of a prescribed class of persons.\n- (a) functions and powers of the registrar as the primary registrar for a national provider, or a national entity intending to provide a community housing service; and\n- (b) functions and powers delegated to the registrar by the registrar of another participating jurisdiction.\n- (a) the power to request the provision of information relating to a registered provider’s affairs, including a specified document or record, as mentioned in schedule 2 , section 4 ;\n- (b) the power to request a registered provider attend a meeting to answer questions about the provider’s affairs, as mentioned in schedule 2 , section 5 ;\n- (c) the power to enter a registered provider’s premises to inspect the premises or the provider’s records, as mentioned in schedule 2 , section 6 ;\n- (d) a power or function conferred on the registrar by the corresponding law of a participating jurisdiction that corresponds to the conditions of registration mentioned in schedule 3 , part 1 , sections 3 to 5 .","sortOrder":64},{"sectionNumber":"pt.4A-div.3","sectionType":"division","heading":"Registration","content":"## Registration","sortOrder":65},{"sectionNumber":"sec.37","sectionType":"section","heading":"Registers established","content":"### sec.37 Registers established\n\nThe national register of national entities providing community housing services is established.\nIt is the intention of the Parliament that this part, together with the corresponding laws of the other participating jurisdictions, has the effect that the national register is a single national register.\nThe state register of local governments and prescribed state providers providing community housing services is established.\nA state provider may provide a community housing service only within this jurisdiction—see schedule 3 , part 2 , section 7 .\ns 37 prev s 37 om 2013 No. 5 s 22\npres s 37 ins 2013 No. 5 s 23\n(sec.37-ssec.1) The national register of national entities providing community housing services is established.\n(sec.37-ssec.2) It is the intention of the Parliament that this part, together with the corresponding laws of the other participating jurisdictions, has the effect that the national register is a single national register.\n(sec.37-ssec.3) The state register of local governments and prescribed state providers providing community housing services is established. A state provider may provide a community housing service only within this jurisdiction—see schedule 3 , part 2 , section 7 .","sortOrder":66},{"sectionNumber":"sec.37A","sectionType":"section","heading":"Information on register","content":"### sec.37A Information on register\n\nThis section applies if the registrar approves an application by—\na national entity for which this jurisdiction is, or will be, the primary jurisdiction for registration on the national register; or\na local government or a prescribed state provider for registration on the state register.\nThe registrar must include the following information on the national register or the state register, for the entity, local government or prescribed state provider (the provider )—\nname and identifying details;\nthe conditions applying to the registration;\na copy of any notice of intent to cancel registration issued to the provider;\nwhether the registration has been cancelled at any time and details of the cancellation, including a copy of the notice of cancellation;\na copy of any binding instructions issued to the provider;\ndetails of the appointment of a statutory manager for the provider, including a copy of the relevant instrument of appointment;\nany other information the registrar considers relevant.\nIf the provider is a national entity the registrar must also include the following information for the provider on the national register—\nthe category of registration of the provider;\nthe primary jurisdiction;\neach other participating jurisdiction in which the provider has a national community housing asset.\nThe registrars of each participating jurisdiction may agree to divide the national register into different parts to assist in the administration of the national register.\nThe registrar may, at any time, by notice to a national provider for which the registrar is the primary registrar—\nvary the category of registration of the provider; and\nmove the registration of the provider to another part of the national register.\nA decision by the registrar to vary the category of a national provider’s registration is reviewable—see section 63 (2) (a) .\nInformation on the national register and the state register must be publicly available.\nThe registrar may, on payment of the prescribed fee, give a person a copy of information kept on the relevant register.\ns 37A ins 2013 No. 5 s 23\n(sec.37A-ssec.1) This section applies if the registrar approves an application by— a national entity for which this jurisdiction is, or will be, the primary jurisdiction for registration on the national register; or a local government or a prescribed state provider for registration on the state register.\n(sec.37A-ssec.2) The registrar must include the following information on the national register or the state register, for the entity, local government or prescribed state provider (the provider )— name and identifying details; the conditions applying to the registration; a copy of any notice of intent to cancel registration issued to the provider; whether the registration has been cancelled at any time and details of the cancellation, including a copy of the notice of cancellation; a copy of any binding instructions issued to the provider; details of the appointment of a statutory manager for the provider, including a copy of the relevant instrument of appointment; any other information the registrar considers relevant.\n(sec.37A-ssec.3) If the provider is a national entity the registrar must also include the following information for the provider on the national register— the category of registration of the provider; the primary jurisdiction; each other participating jurisdiction in which the provider has a national community housing asset.\n(sec.37A-ssec.4) The registrars of each participating jurisdiction may agree to divide the national register into different parts to assist in the administration of the national register.\n(sec.37A-ssec.5) The registrar may, at any time, by notice to a national provider for which the registrar is the primary registrar— vary the category of registration of the provider; and move the registration of the provider to another part of the national register. A decision by the registrar to vary the category of a national provider’s registration is reviewable—see section 63 (2) (a) .\n(sec.37A-ssec.6) Information on the national register and the state register must be publicly available.\n(sec.37A-ssec.7) The registrar may, on payment of the prescribed fee, give a person a copy of information kept on the relevant register.\n- (a) a national entity for which this jurisdiction is, or will be, the primary jurisdiction for registration on the national register; or\n- (b) a local government or a prescribed state provider for registration on the state register.\n- (a) name and identifying details;\n- (b) the conditions applying to the registration;\n- (c) a copy of any notice of intent to cancel registration issued to the provider;\n- (d) whether the registration has been cancelled at any time and details of the cancellation, including a copy of the notice of cancellation;\n- (e) a copy of any binding instructions issued to the provider;\n- (f) details of the appointment of a statutory manager for the provider, including a copy of the relevant instrument of appointment;\n- (g) any other information the registrar considers relevant.\n- (a) the category of registration of the provider;\n- (b) the primary jurisdiction;\n- (c) each other participating jurisdiction in which the provider has a national community housing asset.\n- (a) vary the category of registration of the provider; and\n- (b) move the registration of the provider to another part of the national register.","sortOrder":67},{"sectionNumber":"sec.37B","sectionType":"section","heading":"Application for registration or variation of registration","content":"### sec.37B Application for registration or variation of registration\n\nAn entity (the applicant ) providing or intending to provide a community housing service may apply to the registrar—\nif the applicant is a national entity for which the registrar is or will be the primary registrar—for registration on the national register; or\nif the applicant is a national provider for which the registrar is the primary registrar—for variation of the provider’s existing registration on the national register; or\nif the applicant is a local government or a prescribed state provider—for registration on the state register.\nAn application under subsection (1) must be—\nin the approved form; and\naccompanied by the prescribed fee.\nIf the registrar receives an application from a national entity or national provider for which the registrar is not, or will not be, the primary registrar, the registrar must refer the application to the primary registrar for the applicant.\nThe registrar may require the applicant to give the registrar further information or documents the registrar reasonably requires to decide the application, including information or documents relating to—\nthe performance of the applicant’s functions and any arrangement the applicant has entered into with another entity in relation to the performance of the applicant’s functions; or\nA national entity that is a consolidated entity within the meaning of the Corporations Act 2001 (Cwlth) , section 9 , may be required to give the registrar information about changes to the consolidated entity’s group structure.\nthe applicant’s affairs.\nHowever, subsection (4) does not authorise the registrar to require information or a document that identifies an individual who is an occupier of residential premises.\ns 37B ins 2013 No. 5 s 23\n(sec.37B-ssec.1) An entity (the applicant ) providing or intending to provide a community housing service may apply to the registrar— if the applicant is a national entity for which the registrar is or will be the primary registrar—for registration on the national register; or if the applicant is a national provider for which the registrar is the primary registrar—for variation of the provider’s existing registration on the national register; or if the applicant is a local government or a prescribed state provider—for registration on the state register.\n(sec.37B-ssec.2) An application under subsection (1) must be— in the approved form; and accompanied by the prescribed fee.\n(sec.37B-ssec.3) If the registrar receives an application from a national entity or national provider for which the registrar is not, or will not be, the primary registrar, the registrar must refer the application to the primary registrar for the applicant.\n(sec.37B-ssec.4) The registrar may require the applicant to give the registrar further information or documents the registrar reasonably requires to decide the application, including information or documents relating to— the performance of the applicant’s functions and any arrangement the applicant has entered into with another entity in relation to the performance of the applicant’s functions; or A national entity that is a consolidated entity within the meaning of the Corporations Act 2001 (Cwlth) , section 9 , may be required to give the registrar information about changes to the consolidated entity’s group structure. the applicant’s affairs.\n(sec.37B-ssec.5) However, subsection (4) does not authorise the registrar to require information or a document that identifies an individual who is an occupier of residential premises.\n- (a) if the applicant is a national entity for which the registrar is or will be the primary registrar—for registration on the national register; or\n- (b) if the applicant is a national provider for which the registrar is the primary registrar—for variation of the provider’s existing registration on the national register; or\n- (c) if the applicant is a local government or a prescribed state provider—for registration on the state register.\n- (a) in the approved form; and\n- (b) accompanied by the prescribed fee.\n- (a) the performance of the applicant’s functions and any arrangement the applicant has entered into with another entity in relation to the performance of the applicant’s functions; or Example— A national entity that is a consolidated entity within the meaning of the Corporations Act 2001 (Cwlth) , section 9 , may be required to give the registrar information about changes to the consolidated entity’s group structure.\n- (b) the applicant’s affairs.","sortOrder":68},{"sectionNumber":"sec.37C","sectionType":"section","heading":"Deciding application","content":"### sec.37C Deciding application\n\nThe registrar must approve an application made under section 37B (1) (a) or (b) by a national entity or a national provider if the registrar is satisfied that—\nthe entity or provider is providing, or intends to provide, community housing services, most of which are or will be provided in this jurisdiction; and\nthe entity or provider will comply with this Act and the corresponding law of each participating jurisdiction in which the entity or provider provides, or will provide, a community housing service; and\nthe entity or provider will comply with any condition applying to the entity or provider’s registration, or the provider’s registration as varied; and\napproval of the application is appropriate in the circumstances having regard to—\nthe main objects of this Act and how the objects are to be primarily achieved; and\nthe objects of this part.\nThe registrar must approve an application made under section 37B (1) (c) by a local government or a prescribed state provider if the registrar is satisfied that—\nthe local government or prescribed state provider is providing, or intends to provide, a community housing service in this jurisdiction only; and\nthe local government or prescribed state provider will comply with this Act and the conditions applying to the local government’s or the provider’s registration; and\napproval of the application is appropriate in the circumstances having regard to—\nthe main objects of this Act and how the objects are to be primarily achieved; and\nthe objects of this part.\nA decision by the registrar to refuse an application for registration, or an application by a national provider for variation of its registration, is reviewable—see section 63 (2) (b) .\ns 37C ins 2013 No. 5 s 23\n(sec.37C-ssec.1) The registrar must approve an application made under section 37B (1) (a) or (b) by a national entity or a national provider if the registrar is satisfied that— the entity or provider is providing, or intends to provide, community housing services, most of which are or will be provided in this jurisdiction; and the entity or provider will comply with this Act and the corresponding law of each participating jurisdiction in which the entity or provider provides, or will provide, a community housing service; and the entity or provider will comply with any condition applying to the entity or provider’s registration, or the provider’s registration as varied; and approval of the application is appropriate in the circumstances having regard to— the main objects of this Act and how the objects are to be primarily achieved; and the objects of this part.\n(sec.37C-ssec.2) The registrar must approve an application made under section 37B (1) (c) by a local government or a prescribed state provider if the registrar is satisfied that— the local government or prescribed state provider is providing, or intends to provide, a community housing service in this jurisdiction only; and the local government or prescribed state provider will comply with this Act and the conditions applying to the local government’s or the provider’s registration; and approval of the application is appropriate in the circumstances having regard to— the main objects of this Act and how the objects are to be primarily achieved; and the objects of this part. A decision by the registrar to refuse an application for registration, or an application by a national provider for variation of its registration, is reviewable—see section 63 (2) (b) .\n- (a) the entity or provider is providing, or intends to provide, community housing services, most of which are or will be provided in this jurisdiction; and\n- (b) the entity or provider will comply with this Act and the corresponding law of each participating jurisdiction in which the entity or provider provides, or will provide, a community housing service; and\n- (c) the entity or provider will comply with any condition applying to the entity or provider’s registration, or the provider’s registration as varied; and\n- (d) approval of the application is appropriate in the circumstances having regard to— (i) the main objects of this Act and how the objects are to be primarily achieved; and (ii) the objects of this part.\n- (i) the main objects of this Act and how the objects are to be primarily achieved; and\n- (ii) the objects of this part.\n- (i) the main objects of this Act and how the objects are to be primarily achieved; and\n- (ii) the objects of this part.\n- (a) the local government or prescribed state provider is providing, or intends to provide, a community housing service in this jurisdiction only; and\n- (b) the local government or prescribed state provider will comply with this Act and the conditions applying to the local government’s or the provider’s registration; and\n- (c) approval of the application is appropriate in the circumstances having regard to— (i) the main objects of this Act and how the objects are to be primarily achieved; and (ii) the objects of this part.\n- (i) the main objects of this Act and how the objects are to be primarily achieved; and\n- (ii) the objects of this part.\n- (i) the main objects of this Act and how the objects are to be primarily achieved; and\n- (ii) the objects of this part.","sortOrder":69},{"sectionNumber":"sec.37D","sectionType":"section","heading":"Conditions of registration","content":"### sec.37D Conditions of registration\n\nA registered provider must comply with—\neach condition applying to the provider’s registration; and\neach provision (an applicable code provision ) of the national regulatory code in schedule 1 that is identified on the relevant register as applying to the provider’s registration.\nA failure to comply with subsection (1) is not an offence but is a ground for the registrar to give a registered provider a notice of noncompliance.\nSchedule 2 sets out the conditions that apply to the registration of each registered provider.\nSchedule 3 , part 1 sets out the conditions that apply to the registration of a national provider for which this jurisdiction is the primary jurisdiction.\nSchedule 3 , part 2 , sets out the conditions that apply to the registration of a state provider.\ns 37D ins 2013 No. 5 s 23\n(sec.37D-ssec.1) A registered provider must comply with— each condition applying to the provider’s registration; and each provision (an applicable code provision ) of the national regulatory code in schedule 1 that is identified on the relevant register as applying to the provider’s registration. A failure to comply with subsection (1) is not an offence but is a ground for the registrar to give a registered provider a notice of noncompliance.\n(sec.37D-ssec.2) Schedule 2 sets out the conditions that apply to the registration of each registered provider.\n(sec.37D-ssec.3) Schedule 3 , part 1 sets out the conditions that apply to the registration of a national provider for which this jurisdiction is the primary jurisdiction.\n(sec.37D-ssec.4) Schedule 3 , part 2 , sets out the conditions that apply to the registration of a state provider.\n- (a) each condition applying to the provider’s registration; and\n- (b) each provision (an applicable code provision ) of the national regulatory code in schedule 1 that is identified on the relevant register as applying to the provider’s registration.","sortOrder":70},{"sectionNumber":"sec.37E","sectionType":"section","heading":"Additional standard conditions for national providers","content":"### sec.37E Additional standard conditions for national providers\n\nThe registrars of each participating jurisdiction may agree to conditions of registration (each an additional standard condition ) for national providers.\nThe registrar may impose 1 or more additional standard conditions on the registration of a national provider for which this jurisdiction is the primary jurisdiction—\nat the time the registrar decides the provider’s application for registration; or\nat any other time by notice given to the provider.\nA decision by the registrar to impose an additional standard condition is reviewable —see section 63 (2) (c) .\nThe registrar must—\ngive the national provider an opportunity to make a submission on a proposed notice under subsection (2) (b) ; and\ntake any submission made by the provider into account before giving the notice to the provider.\nAn additional standard condition imposed on the registration of a national provider for which this jurisdiction is the primary jurisdiction applies in addition to—\nthe conditions set out in schedule 2 ; and\nthe conditions set out in schedule 3 , part 1 ; and\nany applicable code provision.\ns 37E ins 2013 No. 5 s 23\n(sec.37E-ssec.1) The registrars of each participating jurisdiction may agree to conditions of registration (each an additional standard condition ) for national providers.\n(sec.37E-ssec.2) The registrar may impose 1 or more additional standard conditions on the registration of a national provider for which this jurisdiction is the primary jurisdiction— at the time the registrar decides the provider’s application for registration; or at any other time by notice given to the provider. A decision by the registrar to impose an additional standard condition is reviewable —see section 63 (2) (c) .\n(sec.37E-ssec.3) The registrar must— give the national provider an opportunity to make a submission on a proposed notice under subsection (2) (b) ; and take any submission made by the provider into account before giving the notice to the provider.\n(sec.37E-ssec.4) An additional standard condition imposed on the registration of a national provider for which this jurisdiction is the primary jurisdiction applies in addition to— the conditions set out in schedule 2 ; and the conditions set out in schedule 3 , part 1 ; and any applicable code provision.\n- (a) at the time the registrar decides the provider’s application for registration; or\n- (b) at any other time by notice given to the provider. Note— A decision by the registrar to impose an additional standard condition is reviewable —see section 63 (2) (c) .\n- (a) give the national provider an opportunity to make a submission on a proposed notice under subsection (2) (b) ; and\n- (b) take any submission made by the provider into account before giving the notice to the provider.\n- (a) the conditions set out in schedule 2 ; and\n- (b) the conditions set out in schedule 3 , part 1 ; and\n- (c) any applicable code provision.","sortOrder":71},{"sectionNumber":"sec.37F","sectionType":"section","heading":"Individual occupier of residential premises","content":"### sec.37F Individual occupier of residential premises\n\nNothing in section 37D or 37E authorises—\na registered provider to give information that identifies an individual who is an occupier of residential premises, without the individual’s consent, to—\nthe registrar; or\nif the provider is a national provider—the registrar of another participating jurisdiction; or\nthe registrar, or the registrar of another participating jurisdiction, to enter residential premises occupied by an individual, without the individual’s consent.\ns 37F ins 2013 No. 5 s 23\n- (a) a registered provider to give information that identifies an individual who is an occupier of residential premises, without the individual’s consent, to— (i) the registrar; or (ii) if the provider is a national provider—the registrar of another participating jurisdiction; or\n- (i) the registrar; or\n- (ii) if the provider is a national provider—the registrar of another participating jurisdiction; or\n- (b) the registrar, or the registrar of another participating jurisdiction, to enter residential premises occupied by an individual, without the individual’s consent.\n- (i) the registrar; or\n- (ii) if the provider is a national provider—the registrar of another participating jurisdiction; or","sortOrder":72},{"sectionNumber":"sec.37G","sectionType":"section","heading":"Cancellation of registration","content":"### sec.37G Cancellation of registration\n\nThe registrar may cancel the registration of a national provider for which the registrar is the primary registrar, or a state provider, if the provider—\nhas applied to the registrar for the cancellation of the provider’s registration; or\nhas been wound up or has otherwise ceased to exist.\nAn application under subsection (1) (a) must be made in the approved form.\nThe registrar may refuse the application only if—\nfor a national provider—the registrar is not satisfied each national community housing asset of the provider has been transferred under section 37H (2) or the corresponding law of another participating jurisdiction that applies to the provider or the asset; or\nfor a state provider—the registrar is not satisfied each state community housing asset of the provider has been transferred under section 37H (3) .\nThe registrar may also cancel the registration of a national provider for which the registrar is the primary registrar, or a state provider, if—\nthe registrar has given the provider a notice of intent to cancel registration under section 38C ; and\nthe provider has not, within the time stated in the notice, satisfied the registrar that the provider’s registration should not be cancelled; and\nthe registrar has given the provider notice under section 64 of the registrar’s decision to cancel the provider’s registration.\nA decision by the registrar to cancel a registered provider’s registration or to refuse an application by a registered provider for cancellation of the provider’s registration is reviewable—see section 63 (2) (d) .\ns 37G ins 2013 No. 5 s 23\n(sec.37G-ssec.1) The registrar may cancel the registration of a national provider for which the registrar is the primary registrar, or a state provider, if the provider— has applied to the registrar for the cancellation of the provider’s registration; or has been wound up or has otherwise ceased to exist.\n(sec.37G-ssec.2) An application under subsection (1) (a) must be made in the approved form.\n(sec.37G-ssec.3) The registrar may refuse the application only if— for a national provider—the registrar is not satisfied each national community housing asset of the provider has been transferred under section 37H (2) or the corresponding law of another participating jurisdiction that applies to the provider or the asset; or for a state provider—the registrar is not satisfied each state community housing asset of the provider has been transferred under section 37H (3) .\n(sec.37G-ssec.4) The registrar may also cancel the registration of a national provider for which the registrar is the primary registrar, or a state provider, if— the registrar has given the provider a notice of intent to cancel registration under section 38C ; and the provider has not, within the time stated in the notice, satisfied the registrar that the provider’s registration should not be cancelled; and the registrar has given the provider notice under section 64 of the registrar’s decision to cancel the provider’s registration. A decision by the registrar to cancel a registered provider’s registration or to refuse an application by a registered provider for cancellation of the provider’s registration is reviewable—see section 63 (2) (d) .\n- (a) has applied to the registrar for the cancellation of the provider’s registration; or\n- (b) has been wound up or has otherwise ceased to exist.\n- (a) for a national provider—the registrar is not satisfied each national community housing asset of the provider has been transferred under section 37H (2) or the corresponding law of another participating jurisdiction that applies to the provider or the asset; or\n- (b) for a state provider—the registrar is not satisfied each state community housing asset of the provider has been transferred under section 37H (3) .\n- (a) the registrar has given the provider a notice of intent to cancel registration under section 38C ; and\n- (b) the provider has not, within the time stated in the notice, satisfied the registrar that the provider’s registration should not be cancelled; and\n- (c) the registrar has given the provider notice under section 64 of the registrar’s decision to cancel the provider’s registration.","sortOrder":73},{"sectionNumber":"sec.37H","sectionType":"section","heading":"Community housing assets to be transferred if registration cancelled","content":"### sec.37H Community housing assets to be transferred if registration cancelled\n\nThis section applies if—\na registered provider intends to apply for cancellation of the provider’s registration; or\nthe registrar cancels the registration of a registered provider under section 37G (4) .\nIf the registered provider is a national provider, the provider must take all reasonable steps to ensure that on or before the relevant day for the provider, the provider transfers each of its national community housing assets to—\nif the asset is located in this jurisdiction—\nthe chief executive; or\nif another entity is prescribed—the prescribed entity; or\nif the chief executive consents in writing—another national provider or state provider; or\nif the asset is located in another participating jurisdiction—\nthe housing agency of that jurisdiction; or\nif the corresponding law of that jurisdiction prescribes another entity—the prescribed entity.\nIf the registered provider is a state provider, the provider must take all reasonable steps to ensure that on or before the relevant day for the provider, the provider transfers each of its state community housing assets to—\nthe chief executive; or\nif another entity is prescribed—the prescribed entity; or\nif the chief executive consents in writing—another national provider or state provider.\nIf the chief executive consents under subsection (2) (a) (iii) or (3) (c) to the transfer of a community housing asset to another national provider or state provider—\nthe chief executive may impose conditions on the consent that the chief executive considers appropriate; and\nif the chief executive imposes conditions—the national provider or the state provider transferring the community housing asset must comply with the conditions when the provider is transferring the asset.\nIf a registered provider fails to comply with subsection (2) , (3) or (4) , the provider is taken to have contravened each funding agreement to which the provider is a party.\nIn this section—\nrelevant day , for a registered provider, means—\nfor a registered provider intending to apply for cancellation of the provider’s registration—\nthe day before the provider applies for cancellation; or\nif, before the provider applies for the cancellation, the registrar and the provider agree in writing that a stated day will be the relevant day for the provider—the stated day; or\nfor a registered provider whose registration is cancelled under section 37G (4) —\nthe day that is 6 months after the day on which the provider receives the notice under section 64 of the cancellation; or\nif, before the day mentioned in subparagraph (i) , the registrar and the provider agree in writing that a stated day will be the relevant day for the provider—the stated day.\ns 37H ins 2013 No. 5 s 23\n(sec.37H-ssec.1) This section applies if— a registered provider intends to apply for cancellation of the provider’s registration; or the registrar cancels the registration of a registered provider under section 37G (4) .\n(sec.37H-ssec.2) If the registered provider is a national provider, the provider must take all reasonable steps to ensure that on or before the relevant day for the provider, the provider transfers each of its national community housing assets to— if the asset is located in this jurisdiction— the chief executive; or if another entity is prescribed—the prescribed entity; or if the chief executive consents in writing—another national provider or state provider; or if the asset is located in another participating jurisdiction— the housing agency of that jurisdiction; or if the corresponding law of that jurisdiction prescribes another entity—the prescribed entity.\n(sec.37H-ssec.3) If the registered provider is a state provider, the provider must take all reasonable steps to ensure that on or before the relevant day for the provider, the provider transfers each of its state community housing assets to— the chief executive; or if another entity is prescribed—the prescribed entity; or if the chief executive consents in writing—another national provider or state provider.\n(sec.37H-ssec.4) If the chief executive consents under subsection (2) (a) (iii) or (3) (c) to the transfer of a community housing asset to another national provider or state provider— the chief executive may impose conditions on the consent that the chief executive considers appropriate; and if the chief executive imposes conditions—the national provider or the state provider transferring the community housing asset must comply with the conditions when the provider is transferring the asset.\n(sec.37H-ssec.5) If a registered provider fails to comply with subsection (2) , (3) or (4) , the provider is taken to have contravened each funding agreement to which the provider is a party.\n(sec.37H-ssec.6) In this section— relevant day , for a registered provider, means— for a registered provider intending to apply for cancellation of the provider’s registration— the day before the provider applies for cancellation; or if, before the provider applies for the cancellation, the registrar and the provider agree in writing that a stated day will be the relevant day for the provider—the stated day; or for a registered provider whose registration is cancelled under section 37G (4) — the day that is 6 months after the day on which the provider receives the notice under section 64 of the cancellation; or if, before the day mentioned in subparagraph (i) , the registrar and the provider agree in writing that a stated day will be the relevant day for the provider—the stated day.\n- (a) a registered provider intends to apply for cancellation of the provider’s registration; or\n- (b) the registrar cancels the registration of a registered provider under section 37G (4) .\n- (a) if the asset is located in this jurisdiction— (i) the chief executive; or (ii) if another entity is prescribed—the prescribed entity; or (iii) if the chief executive consents in writing—another national provider or state provider; or\n- (i) the chief executive; or\n- (ii) if another entity is prescribed—the prescribed entity; or\n- (iii) if the chief executive consents in writing—another national provider or state provider; or\n- (b) if the asset is located in another participating jurisdiction— (i) the housing agency of that jurisdiction; or (ii) if the corresponding law of that jurisdiction prescribes another entity—the prescribed entity.\n- (i) the housing agency of that jurisdiction; or\n- (ii) if the corresponding law of that jurisdiction prescribes another entity—the prescribed entity.\n- (i) the chief executive; or\n- (ii) if another entity is prescribed—the prescribed entity; or\n- (iii) if the chief executive consents in writing—another national provider or state provider; or\n- (i) the housing agency of that jurisdiction; or\n- (ii) if the corresponding law of that jurisdiction prescribes another entity—the prescribed entity.\n- (a) the chief executive; or\n- (b) if another entity is prescribed—the prescribed entity; or\n- (c) if the chief executive consents in writing—another national provider or state provider.\n- (a) the chief executive may impose conditions on the consent that the chief executive considers appropriate; and\n- (b) if the chief executive imposes conditions—the national provider or the state provider transferring the community housing asset must comply with the conditions when the provider is transferring the asset.\n- (a) for a registered provider intending to apply for cancellation of the provider’s registration— (i) the day before the provider applies for cancellation; or (ii) if, before the provider applies for the cancellation, the registrar and the provider agree in writing that a stated day will be the relevant day for the provider—the stated day; or\n- (i) the day before the provider applies for cancellation; or\n- (ii) if, before the provider applies for the cancellation, the registrar and the provider agree in writing that a stated day will be the relevant day for the provider—the stated day; or\n- (b) for a registered provider whose registration is cancelled under section 37G (4) — (i) the day that is 6 months after the day on which the provider receives the notice under section 64 of the cancellation; or (ii) if, before the day mentioned in subparagraph (i) , the registrar and the provider agree in writing that a stated day will be the relevant day for the provider—the stated day.\n- (i) the day that is 6 months after the day on which the provider receives the notice under section 64 of the cancellation; or\n- (ii) if, before the day mentioned in subparagraph (i) , the registrar and the provider agree in writing that a stated day will be the relevant day for the provider—the stated day.\n- (i) the day before the provider applies for cancellation; or\n- (ii) if, before the provider applies for the cancellation, the registrar and the provider agree in writing that a stated day will be the relevant day for the provider—the stated day; or\n- (i) the day that is 6 months after the day on which the provider receives the notice under section 64 of the cancellation; or\n- (ii) if, before the day mentioned in subparagraph (i) , the registrar and the provider agree in writing that a stated day will be the relevant day for the provider—the stated day.","sortOrder":74},{"sectionNumber":"pt.4A-div.4","sectionType":"division","heading":"Enforcement powers of registrar","content":"## Enforcement powers of registrar","sortOrder":75},{"sectionNumber":"sec.38","sectionType":"section","heading":"Registrar may take action","content":"### sec.38 Registrar may take action\n\nThe registrar may take action under this division in relation to the following—\na national provider for which the registrar is the primary registrar;\na state provider.\nThe registrar may take action under this division against a registered provider mentioned in subsection (1) if the registrar reasonably believes the provider is not complying with—\nthis Act; or\nif the provider is a national provider—a corresponding law that applies to the provider.\ns 38 prev s 38 amd 2004 No. 37 s 86 sch 1\nom 2005 No. 33 s 4\npres s 38 ins 2013 No. 5 s 23\n(sec.38-ssec.1) The registrar may take action under this division in relation to the following— a national provider for which the registrar is the primary registrar; a state provider.\n(sec.38-ssec.2) The registrar may take action under this division against a registered provider mentioned in subsection (1) if the registrar reasonably believes the provider is not complying with— this Act; or if the provider is a national provider—a corresponding law that applies to the provider.\n- (a) a national provider for which the registrar is the primary registrar;\n- (b) a state provider.\n- (a) this Act; or\n- (b) if the provider is a national provider—a corresponding law that applies to the provider.","sortOrder":76},{"sectionNumber":"sec.38A","sectionType":"section","heading":"Notice of noncompliance","content":"### sec.38A Notice of noncompliance\n\nIf the registrar decides to take action under this division in relation to a registered provider, the registrar may give the provider a notice (a notice of noncompliance ) stating—\nthat the registrar reasonably believes the provider is not complying with—\nthis Act; or\nif the provider is a national provider—a corresponding law that applies to the provider; and\nthe provision of this Act or of the corresponding law the registrar believes is not being, or has not been, complied with; and\nbriefly, how the registrar believes the provision is not being, or has not been, complied with; and\nthe reasonable steps the provider must take to rectify the noncompliance; and\nthe time within which the provider must take steps to rectify the noncompliance; and\nthat the consequences of the provider failing to rectify the noncompliance within the stated time may include cancellation of the provider’s registration.\nIf the provider is a national provider, the registrar must give a copy of the notice of noncompliance to the registrar of each other participating jurisdiction.\ns 38A ins 2013 No. 5 s 23\n(sec.38A-ssec.1) If the registrar decides to take action under this division in relation to a registered provider, the registrar may give the provider a notice (a notice of noncompliance ) stating— that the registrar reasonably believes the provider is not complying with— this Act; or if the provider is a national provider—a corresponding law that applies to the provider; and the provision of this Act or of the corresponding law the registrar believes is not being, or has not been, complied with; and briefly, how the registrar believes the provision is not being, or has not been, complied with; and the reasonable steps the provider must take to rectify the noncompliance; and the time within which the provider must take steps to rectify the noncompliance; and that the consequences of the provider failing to rectify the noncompliance within the stated time may include cancellation of the provider’s registration.\n(sec.38A-ssec.2) If the provider is a national provider, the registrar must give a copy of the notice of noncompliance to the registrar of each other participating jurisdiction.\n- (a) that the registrar reasonably believes the provider is not complying with— (i) this Act; or (ii) if the provider is a national provider—a corresponding law that applies to the provider; and\n- (i) this Act; or\n- (ii) if the provider is a national provider—a corresponding law that applies to the provider; and\n- (b) the provision of this Act or of the corresponding law the registrar believes is not being, or has not been, complied with; and\n- (c) briefly, how the registrar believes the provision is not being, or has not been, complied with; and\n- (d) the reasonable steps the provider must take to rectify the noncompliance; and\n- (e) the time within which the provider must take steps to rectify the noncompliance; and\n- (f) that the consequences of the provider failing to rectify the noncompliance within the stated time may include cancellation of the provider’s registration.\n- (i) this Act; or\n- (ii) if the provider is a national provider—a corresponding law that applies to the provider; and","sortOrder":77},{"sectionNumber":"sec.38B","sectionType":"section","heading":"Binding instructions to rectify noncompliance","content":"### sec.38B Binding instructions to rectify noncompliance\n\nThe registrar may give a registered provider written instructions (the binding instructions ) about the way in which the provider is to address a matter that is the subject of a notice of noncompliance the registrar has given the provider.\nA decision by the registrar to issue binding instructions to a registered provider is reviewable—see section 63 (2) (e) .\nThe registrar may give more than 1 set of binding instructions for a notice of noncompliance.\nThe registered provider and each relevant person for the provider must comply with the binding instructions within the period, if any, stated in the instructions.\nA failure to comply with subsection (3) is not an offence but is a ground for the registrar to give a registered provider a notice of intention to cancel the provider’s registration.\nIn deciding whether to give binding instructions to the registered provider the registrar must—\nconsider the interests of any tenants of the provider; and\nif the provider is a national provider—take all steps reasonably practicable to obtain the views of a regulatory body the registrar considers has a relevant interest in the matter.\nin considering whether to give binding instructions under this section to a national provider that is a company limited by shares under the Corporations Act 2001 (Cwlth) , the registrar takes steps to obtain the views of the Australian Securities and Investments Commission\nIn this section—\nrelevant person , for a registered provider, means—\na member of the provider’s governing body; or\nan officer or employee of the provider.\ns 38B ins 2013 No. 5 s 23\n(sec.38B-ssec.1) The registrar may give a registered provider written instructions (the binding instructions ) about the way in which the provider is to address a matter that is the subject of a notice of noncompliance the registrar has given the provider. A decision by the registrar to issue binding instructions to a registered provider is reviewable—see section 63 (2) (e) .\n(sec.38B-ssec.2) The registrar may give more than 1 set of binding instructions for a notice of noncompliance.\n(sec.38B-ssec.3) The registered provider and each relevant person for the provider must comply with the binding instructions within the period, if any, stated in the instructions. A failure to comply with subsection (3) is not an offence but is a ground for the registrar to give a registered provider a notice of intention to cancel the provider’s registration.\n(sec.38B-ssec.4) In deciding whether to give binding instructions to the registered provider the registrar must— consider the interests of any tenants of the provider; and if the provider is a national provider—take all steps reasonably practicable to obtain the views of a regulatory body the registrar considers has a relevant interest in the matter. in considering whether to give binding instructions under this section to a national provider that is a company limited by shares under the Corporations Act 2001 (Cwlth) , the registrar takes steps to obtain the views of the Australian Securities and Investments Commission\n(sec.38B-ssec.5) In this section— relevant person , for a registered provider, means— a member of the provider’s governing body; or an officer or employee of the provider.\n- (a) consider the interests of any tenants of the provider; and\n- (b) if the provider is a national provider—take all steps reasonably practicable to obtain the views of a regulatory body the registrar considers has a relevant interest in the matter. Example for paragraph (b) — in considering whether to give binding instructions under this section to a national provider that is a company limited by shares under the Corporations Act 2001 (Cwlth) , the registrar takes steps to obtain the views of the Australian Securities and Investments Commission\n- (a) a member of the provider’s governing body; or\n- (b) an officer or employee of the provider.","sortOrder":78},{"sectionNumber":"sec.38C","sectionType":"section","heading":"Notice of intent to cancel registration","content":"### sec.38C Notice of intent to cancel registration\n\nThis section applies if the registrar reasonably believes a registered provider—\nhas not addressed the matters stated in a notice of noncompliance given to the provider within the period stated in the notice; or\nhas not complied with binding instructions given to the provider within the period, if any, stated in the instructions; or\nhas failed to comply with a provision of this Act or, if the provider is a national provider, a corresponding law of another participating jurisdiction, and urgent steps are required because the failure has potentially serious consequences.\na failure by a registered provider to comply with this Act that creates a risk to the health and safety of the provider’s tenants\nThe registrar may give the registered provider a notice (a notice of intent to cancel registration ) that the registrar intends to cancel the provider’s registration.\nThe notice of intent to cancel registration must state—\nthe reasons the registrar considers registration should be cancelled; and\nthat the provider’s registration will be cancelled unless, within the period stated in the notice, the provider satisfies the registrar that the provider’s registration should not be cancelled.\nThe stated period in a notice of intent to cancel registration—\nmust be not less than 14 days after the day the notice is given to the registered provider; and\nmay be extended in writing by the registrar at the provider’s request, if the registrar is satisfied that there are good reasons for extending the period.\nIf the provider is a national provider, the registrar must also give a copy of the notice of intent to cancel registration to the registrar of, and the housing agency for, each other participating jurisdiction.\ns 38C ins 2013 No. 5 s 23\n(sec.38C-ssec.1) This section applies if the registrar reasonably believes a registered provider— has not addressed the matters stated in a notice of noncompliance given to the provider within the period stated in the notice; or has not complied with binding instructions given to the provider within the period, if any, stated in the instructions; or has failed to comply with a provision of this Act or, if the provider is a national provider, a corresponding law of another participating jurisdiction, and urgent steps are required because the failure has potentially serious consequences. a failure by a registered provider to comply with this Act that creates a risk to the health and safety of the provider’s tenants\n(sec.38C-ssec.2) The registrar may give the registered provider a notice (a notice of intent to cancel registration ) that the registrar intends to cancel the provider’s registration.\n(sec.38C-ssec.3) The notice of intent to cancel registration must state— the reasons the registrar considers registration should be cancelled; and that the provider’s registration will be cancelled unless, within the period stated in the notice, the provider satisfies the registrar that the provider’s registration should not be cancelled.\n(sec.38C-ssec.4) The stated period in a notice of intent to cancel registration— must be not less than 14 days after the day the notice is given to the registered provider; and may be extended in writing by the registrar at the provider’s request, if the registrar is satisfied that there are good reasons for extending the period.\n(sec.38C-ssec.5) If the provider is a national provider, the registrar must also give a copy of the notice of intent to cancel registration to the registrar of, and the housing agency for, each other participating jurisdiction.\n- (a) has not addressed the matters stated in a notice of noncompliance given to the provider within the period stated in the notice; or\n- (b) has not complied with binding instructions given to the provider within the period, if any, stated in the instructions; or\n- (c) has failed to comply with a provision of this Act or, if the provider is a national provider, a corresponding law of another participating jurisdiction, and urgent steps are required because the failure has potentially serious consequences. Example for paragraph (c) — a failure by a registered provider to comply with this Act that creates a risk to the health and safety of the provider’s tenants\n- (a) the reasons the registrar considers registration should be cancelled; and\n- (b) that the provider’s registration will be cancelled unless, within the period stated in the notice, the provider satisfies the registrar that the provider’s registration should not be cancelled.\n- (a) must be not less than 14 days after the day the notice is given to the registered provider; and\n- (b) may be extended in writing by the registrar at the provider’s request, if the registrar is satisfied that there are good reasons for extending the period.","sortOrder":79},{"sectionNumber":"sec.38D","sectionType":"section","heading":"Statutory managers","content":"### sec.38D Statutory managers\n\nThe registrar may, by instrument, appoint a person (a statutory manager ) to conduct the affairs and activities of a registered provider, to the extent the affairs and activities relate to the provider’s community housing assets.\nA decision by the registrar to appoint a statutory manager is reviewable—see section 63 (2) (f) .\nThe registrar may appoint a statutory manager only if—\nthe registrar has given the provider a notice of intent to cancel registration; or\nthe registrar is satisfied the provider has failed to comply with any of the following and urgent steps are required because the failure to comply has potentially serious consequences—\nthis Act;\nif the provider is a national provider—a corresponding law of another participating jurisdiction applying to the provider;\nbinding instructions given to the provider.\na failure by a registered provider to comply with this Act that creates a risk to the health and safety of the provider’s tenants\nThe statutory manager’s instrument of appointment must state the following—\nthe statutory manager’s name;\ndetails of the registered provider;\ndetails of the statutory manager’s functions and powers;\nthe day the appointment takes effect;\neither—\nthe day the appointment ends; or\nthat the appointment continues until the registrar gives notice that the appointment has ended;\nany conditions of the appointment;\nany other matter the registrar considers appropriate.\nA copy of the instrument of appointment must be given to the registered provider.\nThe statutory manager—\nhas the functions and powers stated in the manager’s instrument of appointment; and\nholds office on the conditions stated in the manager’s instrument of appointment.\nIf a person appointed as statutory manager is not a public service employee, the person is entitled to be paid the remuneration decided by the chief executive.\nA registered provider must not, while a statutory manager is appointed for the provider, perform a function or exercise a power the statutory manager has been appointed to perform or exercise unless the statutory manager agrees to the provider performing the function or exercising the power.\nA failure to comply with subsection (7) is not an offence but may be a ground for the cancellation of the registered provider’s registration.\nThe registrar must revoke the statutory manager’s appointment if the registrar is satisfied—\nthe registered provider is complying, or will comply—\nwith this Act and any binding instructions given to the provider; and\nif the provider is a national provider—with each corresponding law that applies to the provider; or\nthe provider no longer provides a community housing service—\nin this jurisdiction; and\nif the provider is a national provider—in any other participating jurisdiction; or\nthe registered provider has been wound up or has otherwise ceased to exist.\ns 38D ins 2013 No. 5 s 23\n(sec.38D-ssec.1) The registrar may, by instrument, appoint a person (a statutory manager ) to conduct the affairs and activities of a registered provider, to the extent the affairs and activities relate to the provider’s community housing assets. A decision by the registrar to appoint a statutory manager is reviewable—see section 63 (2) (f) .\n(sec.38D-ssec.2) The registrar may appoint a statutory manager only if— the registrar has given the provider a notice of intent to cancel registration; or the registrar is satisfied the provider has failed to comply with any of the following and urgent steps are required because the failure to comply has potentially serious consequences— this Act; if the provider is a national provider—a corresponding law of another participating jurisdiction applying to the provider; binding instructions given to the provider. a failure by a registered provider to comply with this Act that creates a risk to the health and safety of the provider’s tenants\n(sec.38D-ssec.3) The statutory manager’s instrument of appointment must state the following— the statutory manager’s name; details of the registered provider; details of the statutory manager’s functions and powers; the day the appointment takes effect; either— the day the appointment ends; or that the appointment continues until the registrar gives notice that the appointment has ended; any conditions of the appointment; any other matter the registrar considers appropriate.\n(sec.38D-ssec.4) A copy of the instrument of appointment must be given to the registered provider.\n(sec.38D-ssec.5) The statutory manager— has the functions and powers stated in the manager’s instrument of appointment; and holds office on the conditions stated in the manager’s instrument of appointment.\n(sec.38D-ssec.6) If a person appointed as statutory manager is not a public service employee, the person is entitled to be paid the remuneration decided by the chief executive.\n(sec.38D-ssec.7) A registered provider must not, while a statutory manager is appointed for the provider, perform a function or exercise a power the statutory manager has been appointed to perform or exercise unless the statutory manager agrees to the provider performing the function or exercising the power. A failure to comply with subsection (7) is not an offence but may be a ground for the cancellation of the registered provider’s registration.\n(sec.38D-ssec.8) The registrar must revoke the statutory manager’s appointment if the registrar is satisfied— the registered provider is complying, or will comply— with this Act and any binding instructions given to the provider; and if the provider is a national provider—with each corresponding law that applies to the provider; or the provider no longer provides a community housing service— in this jurisdiction; and if the provider is a national provider—in any other participating jurisdiction; or the registered provider has been wound up or has otherwise ceased to exist.\n- (a) the registrar has given the provider a notice of intent to cancel registration; or\n- (b) the registrar is satisfied the provider has failed to comply with any of the following and urgent steps are required because the failure to comply has potentially serious consequences— (i) this Act; (ii) if the provider is a national provider—a corresponding law of another participating jurisdiction applying to the provider; (iii) binding instructions given to the provider. Example of potentially serious consequences— a failure by a registered provider to comply with this Act that creates a risk to the health and safety of the provider’s tenants\n- (i) this Act;\n- (ii) if the provider is a national provider—a corresponding law of another participating jurisdiction applying to the provider;\n- (iii) binding instructions given to the provider. Example of potentially serious consequences— a failure by a registered provider to comply with this Act that creates a risk to the health and safety of the provider’s tenants\n- (i) this Act;\n- (ii) if the provider is a national provider—a corresponding law of another participating jurisdiction applying to the provider;\n- (iii) binding instructions given to the provider. Example of potentially serious consequences— a failure by a registered provider to comply with this Act that creates a risk to the health and safety of the provider’s tenants\n- (a) the statutory manager’s name;\n- (b) details of the registered provider;\n- (c) details of the statutory manager’s functions and powers;\n- (d) the day the appointment takes effect;\n- (e) either— (i) the day the appointment ends; or (ii) that the appointment continues until the registrar gives notice that the appointment has ended;\n- (i) the day the appointment ends; or\n- (ii) that the appointment continues until the registrar gives notice that the appointment has ended;\n- (f) any conditions of the appointment;\n- (g) any other matter the registrar considers appropriate.\n- (i) the day the appointment ends; or\n- (ii) that the appointment continues until the registrar gives notice that the appointment has ended;\n- (a) has the functions and powers stated in the manager’s instrument of appointment; and\n- (b) holds office on the conditions stated in the manager’s instrument of appointment.\n- (a) the registered provider is complying, or will comply— (i) with this Act and any binding instructions given to the provider; and (ii) if the provider is a national provider—with each corresponding law that applies to the provider; or\n- (i) with this Act and any binding instructions given to the provider; and\n- (ii) if the provider is a national provider—with each corresponding law that applies to the provider; or\n- (b) the provider no longer provides a community housing service— (i) in this jurisdiction; and (ii) if the provider is a national provider—in any other participating jurisdiction; or\n- (i) in this jurisdiction; and\n- (ii) if the provider is a national provider—in any other participating jurisdiction; or\n- (c) the registered provider has been wound up or has otherwise ceased to exist.\n- (i) with this Act and any binding instructions given to the provider; and\n- (ii) if the provider is a national provider—with each corresponding law that applies to the provider; or\n- (i) in this jurisdiction; and\n- (ii) if the provider is a national provider—in any other participating jurisdiction; or","sortOrder":80},{"sectionNumber":"sec.38E","sectionType":"section","heading":"Other matters relating to performance of a function or exercise of a power by statutory manager","content":"### sec.38E Other matters relating to performance of a function or exercise of a power by statutory manager\n\nThe expenses of and incidental to the conduct of the affairs and activities of a registered provider by a statutory manager are payable by the provider.\nThe expenses include—\nthe remuneration of the statutory manager if the statutory manager is not a public service employee; or\nthe reimbursement of the State of an amount certified by the chief executive as being the remuneration of the employee for the period of the employee’s appointment as statutory manager.\nThe amount mentioned in subsection (2) (b) may be recovered in a court of competent jurisdiction as a debt due to the State.\nA statutory manager is not liable for any loss incurred by the registered provider during the period of the statutory manager’s appointment unless the loss was attributable to the statutory manager’s—\nwilful misconduct; or\ngross negligence; or\nwilful failure to comply with this Act or a corresponding law or any other law regulating the conduct of members of the governing body of the provider.\nNeither the State nor the registrar is liable for any loss incurred by a registered provider during the period of a statutory manager’s appointment for the registered provider, whether or not the statutory manager is liable to the provider.\ns 38E ins 2013 No. 5 s 23\n(sec.38E-ssec.1) The expenses of and incidental to the conduct of the affairs and activities of a registered provider by a statutory manager are payable by the provider.\n(sec.38E-ssec.2) The expenses include— the remuneration of the statutory manager if the statutory manager is not a public service employee; or the reimbursement of the State of an amount certified by the chief executive as being the remuneration of the employee for the period of the employee’s appointment as statutory manager.\n(sec.38E-ssec.3) The amount mentioned in subsection (2) (b) may be recovered in a court of competent jurisdiction as a debt due to the State.\n(sec.38E-ssec.4) A statutory manager is not liable for any loss incurred by the registered provider during the period of the statutory manager’s appointment unless the loss was attributable to the statutory manager’s— wilful misconduct; or gross negligence; or wilful failure to comply with this Act or a corresponding law or any other law regulating the conduct of members of the governing body of the provider.\n(sec.38E-ssec.5) Neither the State nor the registrar is liable for any loss incurred by a registered provider during the period of a statutory manager’s appointment for the registered provider, whether or not the statutory manager is liable to the provider.\n- (a) the remuneration of the statutory manager if the statutory manager is not a public service employee; or\n- (b) the reimbursement of the State of an amount certified by the chief executive as being the remuneration of the employee for the period of the employee’s appointment as statutory manager.\n- (a) wilful misconduct; or\n- (b) gross negligence; or\n- (c) wilful failure to comply with this Act or a corresponding law or any other law regulating the conduct of members of the governing body of the provider.","sortOrder":81},{"sectionNumber":"sec.38F","sectionType":"section","heading":"Displacement provisions","content":"### sec.38F Displacement provisions\n\nSections 38B and 38D are declared to be Corporations legislation displacement provisions for the Corporations Act 2001 (Cwlth) , section 5G .\nSections 38B and 38D prevail to the extent the sections are inconsistent with a provision of the following legislation—\nthe Associations Incorporation Act 1981 ;\nthe Co-operatives National Law (Queensland) .\ns 38F ins 2013 No. 5 s 23\namd 2020 No. 18 s 65 s ch 1 pt 2\n(sec.38F-ssec.1) Sections 38B and 38D are declared to be Corporations legislation displacement provisions for the Corporations Act 2001 (Cwlth) , section 5G .\n(sec.38F-ssec.2) Sections 38B and 38D prevail to the extent the sections are inconsistent with a provision of the following legislation— the Associations Incorporation Act 1981 ; the Co-operatives National Law (Queensland) .\n- (a) the Associations Incorporation Act 1981 ;\n- (b) the Co-operatives National Law (Queensland) .","sortOrder":82},{"sectionNumber":"sec.38G","sectionType":"section","heading":"No compensation payable by State","content":"### sec.38G No compensation payable by State\n\nNo compensation is payable by or on behalf of the State or the registrar in connection with the operation of this division.\nWithout limiting subsection (1) , compensation is not payable by or on behalf of the State or the registrar arising directly or indirectly from any of the following—\nthe cancellation of the registration of a registered provider;\nthe imposition of conditions on the registration of a registered provider;\nthe publication of a notice of intent to cancel registration;\nthe giving of binding instructions;\nthe appointment of a statutory manager;\nthe performance by a person of a function or exercise of a power, or a failure by a person to perform a function or exercise a power, of a statutory manager.\nIn this section—\ncompensation includes damages or any other form of monetary compensation.\ns 38G ins 2013 No. 5 s 23\n(sec.38G-ssec.1) No compensation is payable by or on behalf of the State or the registrar in connection with the operation of this division.\n(sec.38G-ssec.2) Without limiting subsection (1) , compensation is not payable by or on behalf of the State or the registrar arising directly or indirectly from any of the following— the cancellation of the registration of a registered provider; the imposition of conditions on the registration of a registered provider; the publication of a notice of intent to cancel registration; the giving of binding instructions; the appointment of a statutory manager; the performance by a person of a function or exercise of a power, or a failure by a person to perform a function or exercise a power, of a statutory manager.\n(sec.38G-ssec.3) In this section— compensation includes damages or any other form of monetary compensation.\n- (a) the cancellation of the registration of a registered provider;\n- (b) the imposition of conditions on the registration of a registered provider;\n- (c) the publication of a notice of intent to cancel registration;\n- (d) the giving of binding instructions;\n- (e) the appointment of a statutory manager;\n- (f) the performance by a person of a function or exercise of a power, or a failure by a person to perform a function or exercise a power, of a statutory manager.","sortOrder":83},{"sectionNumber":"pt.4A-div.5","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":84},{"sectionNumber":"sec.38H","sectionType":"section","heading":"Disclosure of information","content":"### sec.38H Disclosure of information\n\nThe registrar must not disclose information obtained in the performance of the registrar’s functions, or exercise of the registrar’s powers, under this Act unless the disclosure is made—\nin connection with the administration of this Act, including disclosure of information to the Minister or the chief executive, or of another law; or\nwith the consent of—\nthe person from whom the information was obtained; or\nif the person from whom the information was obtained is not the person to whom the information relates—the person to whom the information relates; or\nin compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or\nunder an authorisation provided by the guidelines mentioned in section 36H ; or\nas expressly permitted or required by another Act.\ns 38H ins 2013 No. 5 s 23\n- (a) in connection with the administration of this Act, including disclosure of information to the Minister or the chief executive, or of another law; or\n- (b) with the consent of— (i) the person from whom the information was obtained; or (ii) if the person from whom the information was obtained is not the person to whom the information relates—the person to whom the information relates; or\n- (i) the person from whom the information was obtained; or\n- (ii) if the person from whom the information was obtained is not the person to whom the information relates—the person to whom the information relates; or\n- (c) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or\n- (d) under an authorisation provided by the guidelines mentioned in section 36H ; or\n- (e) as expressly permitted or required by another Act.\n- (i) the person from whom the information was obtained; or\n- (ii) if the person from whom the information was obtained is not the person to whom the information relates—the person to whom the information relates; or","sortOrder":85},{"sectionNumber":"pt.5","sectionType":"part","heading":"Appointment of interim manager for particular funded providers","content":"# Appointment of interim manager for particular funded providers","sortOrder":86},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":87},{"sectionNumber":"sec.39","sectionType":"section","heading":"Definitions for pt 5","content":"### sec.39 Definitions for pt 5\n\nIn this part—\nbusiness , of a funded ancillary provider, means the business of the provider to the extent that it involves any of the following activities—\nthe provision of an ancillary housing service using funding;\nthe management of funded property;\ncompliance with the terms of a relevant agreement.\nfunded ancillary provider means a funded provider that provides an ancillary housing service but does not provide a social housing service.\nfunded property , for a funded ancillary provider, means property—\ntransferred or leased by the chief executive to the funded ancillary provider for the purpose of providing an ancillary housing service; or\nbought or leased by the funded ancillary provider using funds entirely or partly provided by a grant, loan or other financial assistance from the chief executive for the purpose of providing an ancillary housing service.\nrelevant agreement , for a funded ancillary provider, means a residential tenancy agreement for which—\nthe lessor is the funded ancillary provider; and\nthe residential premises the subject of the agreement are funded property.\ns 39 sub 2013 No. 5 s 25\n- (a) the provision of an ancillary housing service using funding;\n- (b) the management of funded property;\n- (c) compliance with the terms of a relevant agreement.\n- (a) transferred or leased by the chief executive to the funded ancillary provider for the purpose of providing an ancillary housing service; or\n- (b) bought or leased by the funded ancillary provider using funds entirely or partly provided by a grant, loan or other financial assistance from the chief executive for the purpose of providing an ancillary housing service.\n- (a) the lessor is the funded ancillary provider; and\n- (b) the residential premises the subject of the agreement are funded property.","sortOrder":88},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Appointment","content":"## Appointment","sortOrder":89},{"sectionNumber":"sec.40","sectionType":"section","heading":"Appointment","content":"### sec.40 Appointment\n\nThe chief executive may appoint a person as interim manager for the business of a funded ancillary provider.\nFor the appointment of a statutory manager to a registered provider—see section 38D .\ns 40 amd 2013 No. 5 s 26","sortOrder":90},{"sectionNumber":"sec.41","sectionType":"section","heading":"Basis for appointment","content":"### sec.41 Basis for appointment\n\nThe chief executive may appoint an interim manager for the business of a funded ancillary provider only if the chief executive is satisfied the appointment is reasonably necessary to ensure—\nin relation to the funded ancillary provider—\ncompliance with a prescribed requirement about—\ndeciding eligibility or priority for ancillary housing services; or\nrent assessment or collection; and\nthe proper and efficient use of funded property under the funding agreement; or\nin relation to a relevant agreement—compliance with an obligation under the Residential Tenancies and Rooming Accommodation Act 2008 , section 185 (2) (b) to (d) or (3) (a) to (c) .\nIn deciding whether the appointment is reasonably necessary, the chief executive must have regard to all of the following matters—\nthe amount and type of property the funded ancillary provider is managing in the course of providing the ancillary housing service;\nthe amount and type of funding provided by the chief executive to the funded ancillary provider for the ancillary housing service;\nthe number of relevant agreements in force for the funded ancillary provider;\nwhether the funded ancillary provider is or appears to be unwilling or unable to provide, or provide properly, the ancillary housing service for which the provider is receiving the funding;\nthe likely consequences for the tenants under relevant agreements if the provider does not provide, or provide properly, the ancillary housing service for which the provider is receiving the funding;\nthe likely consequences of the appointment, of which the chief executive is aware, for the funded ancillary provider and anyone else likely to be affected;\nany other relevant matter of which the chief executive is aware.\nBefore making the appointment, the chief executive must consider whether it would be more appropriate to take steps other than the appointment, or not to take any steps.\ns 41 amd 2008 No. 73 s 554 sch 1\nsub 2013 No. 5 s 27\n(sec.41-ssec.1) The chief executive may appoint an interim manager for the business of a funded ancillary provider only if the chief executive is satisfied the appointment is reasonably necessary to ensure— in relation to the funded ancillary provider— compliance with a prescribed requirement about— deciding eligibility or priority for ancillary housing services; or rent assessment or collection; and the proper and efficient use of funded property under the funding agreement; or in relation to a relevant agreement—compliance with an obligation under the Residential Tenancies and Rooming Accommodation Act 2008 , section 185 (2) (b) to (d) or (3) (a) to (c) .\n(sec.41-ssec.2) In deciding whether the appointment is reasonably necessary, the chief executive must have regard to all of the following matters— the amount and type of property the funded ancillary provider is managing in the course of providing the ancillary housing service; the amount and type of funding provided by the chief executive to the funded ancillary provider for the ancillary housing service; the number of relevant agreements in force for the funded ancillary provider; whether the funded ancillary provider is or appears to be unwilling or unable to provide, or provide properly, the ancillary housing service for which the provider is receiving the funding; the likely consequences for the tenants under relevant agreements if the provider does not provide, or provide properly, the ancillary housing service for which the provider is receiving the funding; the likely consequences of the appointment, of which the chief executive is aware, for the funded ancillary provider and anyone else likely to be affected; any other relevant matter of which the chief executive is aware.\n(sec.41-ssec.3) Before making the appointment, the chief executive must consider whether it would be more appropriate to take steps other than the appointment, or not to take any steps.\n- (a) in relation to the funded ancillary provider— (i) compliance with a prescribed requirement about— (A) deciding eligibility or priority for ancillary housing services; or (B) rent assessment or collection; and (ii) the proper and efficient use of funded property under the funding agreement; or\n- (i) compliance with a prescribed requirement about— (A) deciding eligibility or priority for ancillary housing services; or (B) rent assessment or collection; and\n- (A) deciding eligibility or priority for ancillary housing services; or\n- (B) rent assessment or collection; and\n- (ii) the proper and efficient use of funded property under the funding agreement; or\n- (b) in relation to a relevant agreement—compliance with an obligation under the Residential Tenancies and Rooming Accommodation Act 2008 , section 185 (2) (b) to (d) or (3) (a) to (c) .\n- (i) compliance with a prescribed requirement about— (A) deciding eligibility or priority for ancillary housing services; or (B) rent assessment or collection; and\n- (A) deciding eligibility or priority for ancillary housing services; or\n- (B) rent assessment or collection; and\n- (ii) the proper and efficient use of funded property under the funding agreement; or\n- (A) deciding eligibility or priority for ancillary housing services; or\n- (B) rent assessment or collection; and\n- (a) the amount and type of property the funded ancillary provider is managing in the course of providing the ancillary housing service;\n- (b) the amount and type of funding provided by the chief executive to the funded ancillary provider for the ancillary housing service;\n- (c) the number of relevant agreements in force for the funded ancillary provider;\n- (d) whether the funded ancillary provider is or appears to be unwilling or unable to provide, or provide properly, the ancillary housing service for which the provider is receiving the funding;\n- (e) the likely consequences for the tenants under relevant agreements if the provider does not provide, or provide properly, the ancillary housing service for which the provider is receiving the funding;\n- (f) the likely consequences of the appointment, of which the chief executive is aware, for the funded ancillary provider and anyone else likely to be affected;\n- (g) any other relevant matter of which the chief executive is aware.","sortOrder":91},{"sectionNumber":"sec.42","sectionType":"section","heading":"Suitability of proposed appointee","content":"### sec.42 Suitability of proposed appointee\n\nThe chief executive may make the appointment only if the chief executive is satisfied the proposed appointee is suitable for the appointment under this section.\nIn deciding whether a person is suitable for the appointment, the chief executive must have regard to the following matters—\nthe nature of the ancillary housing service provided by the funded ancillary provider;\nthe reason for the appointment;\nthe person’s expertise or experience relevant to the appointment;\nany conflict of interest that may arise in the course of the person acting as interim manager;\nany other relevant matter of which the chief executive is aware.\nA person who has agreed to a proposed appointment must advise the chief executive, before the appointment is made, whether the person is aware of a conflict of interest that may arise in the course of the person acting as interim manager.\nMaximum penalty—20 penalty units.\nOnly an adult may be appointed as interim manager.\ns 42 amd 2013 No. 5 s 28\n(sec.42-ssec.1) The chief executive may make the appointment only if the chief executive is satisfied the proposed appointee is suitable for the appointment under this section.\n(sec.42-ssec.2) In deciding whether a person is suitable for the appointment, the chief executive must have regard to the following matters— the nature of the ancillary housing service provided by the funded ancillary provider; the reason for the appointment; the person’s expertise or experience relevant to the appointment; any conflict of interest that may arise in the course of the person acting as interim manager; any other relevant matter of which the chief executive is aware.\n(sec.42-ssec.3) A person who has agreed to a proposed appointment must advise the chief executive, before the appointment is made, whether the person is aware of a conflict of interest that may arise in the course of the person acting as interim manager. Maximum penalty—20 penalty units.\n(sec.42-ssec.4) Only an adult may be appointed as interim manager.\n- (a) the nature of the ancillary housing service provided by the funded ancillary provider;\n- (b) the reason for the appointment;\n- (c) the person’s expertise or experience relevant to the appointment;\n- (d) any conflict of interest that may arise in the course of the person acting as interim manager;\n- (e) any other relevant matter of which the chief executive is aware.","sortOrder":92},{"sectionNumber":"sec.43","sectionType":"section","heading":"Terms of appointment","content":"### sec.43 Terms of appointment\n\nAn instrument of appointment of a person as interim manager for the business of a funded ancillary provider must state the following matters—\nthe person’s name;\ndetails of the ancillary housing service provided by the funded ancillary provider;\ndetails of the person’s function as interim manager;\nany limitations on the person’s powers as interim manager;\nthe period of the appointment;\nany conditions of the appointment;\nanything else the chief executive considers appropriate.\ns 43 amd 2013 No. 5 s 29\n- (a) the person’s name;\n- (b) details of the ancillary housing service provided by the funded ancillary provider;\n- (c) details of the person’s function as interim manager;\n- (d) any limitations on the person’s powers as interim manager;\n- (e) the period of the appointment;\n- (f) any conditions of the appointment;\n- (g) anything else the chief executive considers appropriate.","sortOrder":93},{"sectionNumber":"sec.44","sectionType":"section","heading":"Notice about appointment","content":"### sec.44 Notice about appointment\n\nImmediately after appointing a person as interim manager for the business of the funded ancillary provider, the chief executive must give a copy of the appointment to the funded ancillary provider.\nAlso, the chief executive must ensure the tenant under a relevant agreement is notified of the appointment of an interim manager at or before the time the manager exercises a power under this part in relation to the agreement.\ns 44 amd 2013 No. 5 s 30\n(sec.44-ssec.1) Immediately after appointing a person as interim manager for the business of the funded ancillary provider, the chief executive must give a copy of the appointment to the funded ancillary provider.\n(sec.44-ssec.2) Also, the chief executive must ensure the tenant under a relevant agreement is notified of the appointment of an interim manager at or before the time the manager exercises a power under this part in relation to the agreement.","sortOrder":94},{"sectionNumber":"sec.45","sectionType":"section","heading":"Initial period of appointment","content":"### sec.45 Initial period of appointment\n\nAn interim manager may be appointed for a period of not more than 3 months.","sortOrder":95},{"sectionNumber":"sec.46","sectionType":"section","heading":"Variation of appointment","content":"### sec.46 Variation of appointment\n\nAfter an interim manager starts to carry out the manager’s function, the chief executive may, by notice—\nextend the period of the appointment; or\nvary the appointment in another way.\nThe chief executive may extend the period of the appointment if the chief executive is satisfied the extension is reasonably necessary in all the circumstances.\nThe period of the appointment may be extended more than once.\nHowever—\nthe period of an extension must not be more than 3 months; and\nthe total period of the initial appointment and any extension or extensions must not be more than 6 months.\nThe chief executive may vary the appointment in a way other than by extending the period of the appointment if the chief executive is satisfied the variation is appropriate, having regard to—\nthe matters stated in section 41 ; and\nthe operation of the business of the funded ancillary provider since the appointment started.\nIf the appointment is varied under this section, the chief executive must ensure notice of the variation is given—\nto the funded ancillary provider; and\nif the manager exercises a power under this part in relation to a relevant agreement during the period of an extension or after the appointment is otherwise varied—to the tenant.\nThe notice under subsection (6) (b) must be given to the tenant at or before the time the manager exercises the power.\ns 46 amd 2013 No. 5 s 31\n(sec.46-ssec.1) After an interim manager starts to carry out the manager’s function, the chief executive may, by notice— extend the period of the appointment; or vary the appointment in another way.\n(sec.46-ssec.2) The chief executive may extend the period of the appointment if the chief executive is satisfied the extension is reasonably necessary in all the circumstances.\n(sec.46-ssec.3) The period of the appointment may be extended more than once.\n(sec.46-ssec.4) However— the period of an extension must not be more than 3 months; and the total period of the initial appointment and any extension or extensions must not be more than 6 months.\n(sec.46-ssec.5) The chief executive may vary the appointment in a way other than by extending the period of the appointment if the chief executive is satisfied the variation is appropriate, having regard to— the matters stated in section 41 ; and the operation of the business of the funded ancillary provider since the appointment started.\n(sec.46-ssec.6) If the appointment is varied under this section, the chief executive must ensure notice of the variation is given— to the funded ancillary provider; and if the manager exercises a power under this part in relation to a relevant agreement during the period of an extension or after the appointment is otherwise varied—to the tenant.\n(sec.46-ssec.7) The notice under subsection (6) (b) must be given to the tenant at or before the time the manager exercises the power.\n- (a) extend the period of the appointment; or\n- (b) vary the appointment in another way.\n- (a) the period of an extension must not be more than 3 months; and\n- (b) the total period of the initial appointment and any extension or extensions must not be more than 6 months.\n- (a) the matters stated in section 41 ; and\n- (b) the operation of the business of the funded ancillary provider since the appointment started.\n- (a) to the funded ancillary provider; and\n- (b) if the manager exercises a power under this part in relation to a relevant agreement during the period of an extension or after the appointment is otherwise varied—to the tenant.","sortOrder":96},{"sectionNumber":"sec.47","sectionType":"section","heading":"Ending of appointment","content":"### sec.47 Ending of appointment\n\nThe chief executive may, by notice, end an interim manager’s appointment at any time before the end of the period of appointment if the chief executive is satisfied the appointment is no longer appropriate, having regard to the matters stated in section 41 .\nImmediately after ending an appointment under subsection (1) , the chief executive must give notice about the ending of the appointment to the funded ancillary provider and to each tenant who had been notified of the appointment.\ns 47 amd 2013 No. 5 s 32\n(sec.47-ssec.1) The chief executive may, by notice, end an interim manager’s appointment at any time before the end of the period of appointment if the chief executive is satisfied the appointment is no longer appropriate, having regard to the matters stated in section 41 .\n(sec.47-ssec.2) Immediately after ending an appointment under subsection (1) , the chief executive must give notice about the ending of the appointment to the funded ancillary provider and to each tenant who had been notified of the appointment.","sortOrder":97},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Function and powers","content":"## Function and powers","sortOrder":98},{"sectionNumber":"sec.48","sectionType":"section","heading":"Application of div 3","content":"### sec.48 Application of div 3\n\nThis division applies to a person appointed as interim manager for the business of a funded ancillary provider.\ns 48 amd 2013 No. 5 s 33","sortOrder":99},{"sectionNumber":"sec.49","sectionType":"section","heading":"Function","content":"### sec.49 Function\n\nThe interim manager’s function is, to the extent stated in the instrument of appointment, to ensure the matters stated in section 41 (1) (a) and (b) .","sortOrder":100},{"sectionNumber":"sec.50","sectionType":"section","heading":"Power to act on funded ancillary provider’s behalf in relation to a relevant agreement","content":"### sec.50 Power to act on funded ancillary provider’s behalf in relation to a relevant agreement\n\nTo carry out the interim manager’s function, the interim manager—\nmay enter into a residential tenancy agreement under the Residential Tenancies and Rooming Accommodation Act 2008 , on behalf of the funded ancillary provider, for residential premises that are funded property; and\nmay do anything in relation to a relevant agreement, on behalf of the provider, that the provider is permitted or required to do.\nThe interim manager may exercise a right of entry under the Residential Tenancies and Rooming Accommodation Act 2008 , chapter 3 , part 3 .\nThe interim manager may give a notice to the tenant under the Residential Tenancies and Rooming Accommodation Act 2008 , chapter 5 , part 1 , division 2 .\nFor the application of the Residential Tenancies and Rooming Accommodation Act 2008 , the interim manager is not liable, as an agent of the funded ancillary provider, for an act or omission relating to a relevant agreement other than a thing done by the interim manager under subsection (1) .\nSee the Residential Tenancies and Rooming Accommodation Act 2008 , section 24 , for provision about things required to be done by lessors or their agents.\ns 50 amd 2008 No. 73 s 554 sch 1 ; 2013 No. 5 s 34\n(sec.50-ssec.1) To carry out the interim manager’s function, the interim manager— may enter into a residential tenancy agreement under the Residential Tenancies and Rooming Accommodation Act 2008 , on behalf of the funded ancillary provider, for residential premises that are funded property; and may do anything in relation to a relevant agreement, on behalf of the provider, that the provider is permitted or required to do. The interim manager may exercise a right of entry under the Residential Tenancies and Rooming Accommodation Act 2008 , chapter 3 , part 3 . The interim manager may give a notice to the tenant under the Residential Tenancies and Rooming Accommodation Act 2008 , chapter 5 , part 1 , division 2 .\n(sec.50-ssec.2) For the application of the Residential Tenancies and Rooming Accommodation Act 2008 , the interim manager is not liable, as an agent of the funded ancillary provider, for an act or omission relating to a relevant agreement other than a thing done by the interim manager under subsection (1) . See the Residential Tenancies and Rooming Accommodation Act 2008 , section 24 , for provision about things required to be done by lessors or their agents.\n- (a) may enter into a residential tenancy agreement under the Residential Tenancies and Rooming Accommodation Act 2008 , on behalf of the funded ancillary provider, for residential premises that are funded property; and\n- (b) may do anything in relation to a relevant agreement, on behalf of the provider, that the provider is permitted or required to do. Examples for paragraph (b) — 1 The interim manager may exercise a right of entry under the Residential Tenancies and Rooming Accommodation Act 2008 , chapter 3 , part 3 . 2 The interim manager may give a notice to the tenant under the Residential Tenancies and Rooming Accommodation Act 2008 , chapter 5 , part 1 , division 2 .\n- 1 The interim manager may exercise a right of entry under the Residential Tenancies and Rooming Accommodation Act 2008 , chapter 3 , part 3 .\n- 2 The interim manager may give a notice to the tenant under the Residential Tenancies and Rooming Accommodation Act 2008 , chapter 5 , part 1 , division 2 .\n- 1 The interim manager may exercise a right of entry under the Residential Tenancies and Rooming Accommodation Act 2008 , chapter 3 , part 3 .\n- 2 The interim manager may give a notice to the tenant under the Residential Tenancies and Rooming Accommodation Act 2008 , chapter 5 , part 1 , division 2 .","sortOrder":101},{"sectionNumber":"sec.51","sectionType":"section","heading":"Power to demand rental payments","content":"### sec.51 Power to demand rental payments\n\nThe interim manager may give a notice, in the approved form, to the tenant under a relevant agreement, requiring the tenant to pay to the manager a rental payment due to the funded ancillary provider under the agreement.\nOn the making of a requirement under subsection (1) , a requirement under the relevant agreement to make the rental payment to the funded ancillary provider is taken to be a requirement to make the payment to the manager.\nThe manager may require the payment of amounts under subsection (1) only to the extent the manager reasonably requires to carry out the manager’s function.\nThe manager may apply an amount received under this section only in carrying out the manager’s function.\nIf the manager stops being satisfied an amount received under this section is needed to carry out the manager’s function, the manager must immediately pay the amount to the funded ancillary provider.\nAt the end of the manager’s appointment, the manager must give to the funded ancillary provider any remaining amount received under this section.\nSubsections (5) and (6) apply subject to section 59 .\ns 51 amd 2013 No. 5 s 35\n(sec.51-ssec.1) The interim manager may give a notice, in the approved form, to the tenant under a relevant agreement, requiring the tenant to pay to the manager a rental payment due to the funded ancillary provider under the agreement.\n(sec.51-ssec.2) On the making of a requirement under subsection (1) , a requirement under the relevant agreement to make the rental payment to the funded ancillary provider is taken to be a requirement to make the payment to the manager.\n(sec.51-ssec.3) The manager may require the payment of amounts under subsection (1) only to the extent the manager reasonably requires to carry out the manager’s function.\n(sec.51-ssec.4) The manager may apply an amount received under this section only in carrying out the manager’s function.\n(sec.51-ssec.5) If the manager stops being satisfied an amount received under this section is needed to carry out the manager’s function, the manager must immediately pay the amount to the funded ancillary provider.\n(sec.51-ssec.6) At the end of the manager’s appointment, the manager must give to the funded ancillary provider any remaining amount received under this section.\n(sec.51-ssec.7) Subsections (5) and (6) apply subject to section 59 .","sortOrder":102},{"sectionNumber":"sec.52","sectionType":"section","heading":"Other powers","content":"### sec.52 Other powers\n\nThe interim manager has the other powers of the funded ancillary provider that are necessary or convenient to carry out the manager’s function.\nIt may be necessary for the interim manager to carry out repairs to funded property.\ns 52 amd 2013 No. 5 s 36","sortOrder":103},{"sectionNumber":"sec.53","sectionType":"section","heading":"Limitation on powers under instrument of appointment","content":"### sec.53 Limitation on powers under instrument of appointment\n\nA power conferred on the interim manager under this division applies subject to any limitation stated in the instrument of appointment.","sortOrder":104},{"sectionNumber":"sec.54","sectionType":"section","heading":"Production of instrument of appointment for inspection","content":"### sec.54 Production of instrument of appointment for inspection\n\nThis section applies if—\nthe interim manager is exercising, or proposes to exercise, a power given under this part in relation to a person; and\nthe person asks the manager to produce the manager’s instrument of appointment for the person’s inspection.\nThe manager must comply with the request.\n(sec.54-ssec.1) This section applies if— the interim manager is exercising, or proposes to exercise, a power given under this part in relation to a person; and the person asks the manager to produce the manager’s instrument of appointment for the person’s inspection.\n(sec.54-ssec.2) The manager must comply with the request.\n- (a) the interim manager is exercising, or proposes to exercise, a power given under this part in relation to a person; and\n- (b) the person asks the manager to produce the manager’s instrument of appointment for the person’s inspection.","sortOrder":105},{"sectionNumber":"sec.55","sectionType":"section","heading":"Obstruction","content":"### sec.55 Obstruction\n\nA person must not obstruct an interim manager in the exercise of a power, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nIf a person has obstructed an interim manager and the manager decides to proceed with the exercise of the power, the manager must warn the person that—\nit is an offence to obstruct the manager, unless the person has a reasonable excuse; and\nthe manager considers the person’s conduct an obstruction.\n(sec.55-ssec.1) A person must not obstruct an interim manager in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.55-ssec.2) If a person has obstructed an interim manager and the manager decides to proceed with the exercise of the power, the manager must warn the person that— it is an offence to obstruct the manager, unless the person has a reasonable excuse; and the manager considers the person’s conduct an obstruction.\n- (a) it is an offence to obstruct the manager, unless the person has a reasonable excuse; and\n- (b) the manager considers the person’s conduct an obstruction.","sortOrder":106},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":107},{"sectionNumber":"sec.56","sectionType":"section","heading":"Access to information or documents","content":"### sec.56 Access to information or documents\n\nThe interim manager may ask an executive officer of the funded ancillary provider for information or documents that the manager reasonably needs to carry out the manager’s function.\nThe chief executive may disclose information to an interim manager, or give an interim manager access to documents, to the extent the chief executive considers appropriate for the purpose of the manager’s appointment.\nThe chief executive may give information about the business of the funded ancillary provider, or access to the provider’s records, that the chief executive has obtained under section 81 .\ns 56 amd 2013 No. 5 s 37\n(sec.56-ssec.1) The interim manager may ask an executive officer of the funded ancillary provider for information or documents that the manager reasonably needs to carry out the manager’s function.\n(sec.56-ssec.2) The chief executive may disclose information to an interim manager, or give an interim manager access to documents, to the extent the chief executive considers appropriate for the purpose of the manager’s appointment. The chief executive may give information about the business of the funded ancillary provider, or access to the provider’s records, that the chief executive has obtained under section 81 .","sortOrder":108},{"sectionNumber":"sec.57","sectionType":"section","heading":"Confidentiality","content":"### sec.57 Confidentiality\n\nThis section applies to a person—\nwho is, or has been, appointed as interim manager for the business of a funded ancillary provider; and\nwho, in the course of the appointment or because of opportunity provided by the appointment, has gained or has access to confidential information about the funded ancillary provider or someone else.\nThe person must not make a record of the information, disclose the information to anyone else or give access to the information to anyone else, other than—\nfor a purpose of this part; or\nwith the consent of the funded ancillary provider or other person to whom the information relates; or\nin compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or\nas expressly permitted or required by another Act.\nMaximum penalty—20 penalty units.\ns 57 amd 2013 No. 5 s 38\n(sec.57-ssec.1) This section applies to a person— who is, or has been, appointed as interim manager for the business of a funded ancillary provider; and who, in the course of the appointment or because of opportunity provided by the appointment, has gained or has access to confidential information about the funded ancillary provider or someone else.\n(sec.57-ssec.2) The person must not make a record of the information, disclose the information to anyone else or give access to the information to anyone else, other than— for a purpose of this part; or with the consent of the funded ancillary provider or other person to whom the information relates; or in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or as expressly permitted or required by another Act. Maximum penalty—20 penalty units.\n- (a) who is, or has been, appointed as interim manager for the business of a funded ancillary provider; and\n- (b) who, in the course of the appointment or because of opportunity provided by the appointment, has gained or has access to confidential information about the funded ancillary provider or someone else.\n- (a) for a purpose of this part; or\n- (b) with the consent of the funded ancillary provider or other person to whom the information relates; or\n- (c) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or\n- (d) as expressly permitted or required by another Act.","sortOrder":109},{"sectionNumber":"sec.58","sectionType":"section","heading":"Remuneration","content":"### sec.58 Remuneration\n\nAn interim manager is entitled to be paid the reasonable amount of remuneration agreed with the chief executive.","sortOrder":110},{"sectionNumber":"sec.59","sectionType":"section","heading":"Funded ancillary provider liable for remuneration and other costs","content":"### sec.59 Funded ancillary provider liable for remuneration and other costs\n\nIf an interim manager is appointed for the business of a funded ancillary provider, the chief executive may give the provider a written demand for the amount of an administration cost.\nThe chief executive may recover the amount as a debt owed to the State.\nAt any time during or after the appointment, the chief executive may recover an administration cost from an amount held by the manager under section 51 .\nIn this section—\nadministration cost means the remuneration paid to the interim manager and any other reasonable cost incurred in carrying out the manager’s function.\ns 59 amd 2013 No. 5 s 39\n(sec.59-ssec.1) If an interim manager is appointed for the business of a funded ancillary provider, the chief executive may give the provider a written demand for the amount of an administration cost.\n(sec.59-ssec.2) The chief executive may recover the amount as a debt owed to the State.\n(sec.59-ssec.3) At any time during or after the appointment, the chief executive may recover an administration cost from an amount held by the manager under section 51 .\n(sec.59-ssec.4) In this section— administration cost means the remuneration paid to the interim manager and any other reasonable cost incurred in carrying out the manager’s function.","sortOrder":111},{"sectionNumber":"sec.60","sectionType":"section","heading":"Accounts and reports","content":"### sec.60 Accounts and reports\n\nAn interim manager appointed for the business of a funded ancillary provider must give to the chief executive—\nrecords of all amounts received or paid in the course of the appointment; and\nthe other reports about the administration that the chief executive requires.\nThe records and other reports must be given as soon as possible after the end of the appointment or, if required by the chief executive at a time during the appointment, at that time.\nThe chief executive must give a copy of each record or report to the funded ancillary provider.\ns 60 amd 2013 No. 5 s 40\n(sec.60-ssec.1) An interim manager appointed for the business of a funded ancillary provider must give to the chief executive— records of all amounts received or paid in the course of the appointment; and the other reports about the administration that the chief executive requires.\n(sec.60-ssec.2) The records and other reports must be given as soon as possible after the end of the appointment or, if required by the chief executive at a time during the appointment, at that time.\n(sec.60-ssec.3) The chief executive must give a copy of each record or report to the funded ancillary provider.\n- (a) records of all amounts received or paid in the course of the appointment; and\n- (b) the other reports about the administration that the chief executive requires.","sortOrder":112},{"sectionNumber":"sec.61","sectionType":"section","heading":null,"content":"### Section sec.61\n\ns 61 om 2013 No. 5 s 41","sortOrder":113},{"sectionNumber":"sec.62","sectionType":"section","heading":"Compensation","content":"### sec.62 Compensation\n\nA person may claim compensation from the chief executive if the person incurs loss or damage because of the exercise or purported exercise of a power under this part.\nCompensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.\nA court may order compensation to be paid only if satisfied it is just to make the order in the circumstances of the particular case.\n(sec.62-ssec.1) A person may claim compensation from the chief executive if the person incurs loss or damage because of the exercise or purported exercise of a power under this part.\n(sec.62-ssec.2) Compensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.\n(sec.62-ssec.3) A court may order compensation to be paid only if satisfied it is just to make the order in the circumstances of the particular case.","sortOrder":114},{"sectionNumber":"pt.6","sectionType":"part","heading":"Review of decisions","content":"# Review of decisions","sortOrder":115},{"sectionNumber":"sec.63","sectionType":"section","heading":"Reviewable decisions","content":"### sec.63 Reviewable decisions\n\nThe following decisions made by the chief executive are reviewable decisions—\na decision about a person’s eligibility for a social housing service;\na decision about the type of social housing service to be provided to a person;\na decision about the place where a social housing service is to be provided to a person;\na decision to appoint an interim manager for the business of a funded ancillary provider.\nThe following decisions by the registrar are reviewable decisions—\na decision to vary the category of registration of a national provider;\na decision to refuse—\nan application for registration; or\nan application by a national provider to vary the provider’s registration;\na decision to impose an additional standard condition;\na decision to—\ncancel the registration of a registered provider; or\nrefuse an application by a registered provider for cancellation of the provider’s registration;\na decision to issue binding instructions to a registered provider;\na decision to appoint a statutory manager for a registered provider.\ns 63 sub 2013 No. 5 s 42\n(sec.63-ssec.1) The following decisions made by the chief executive are reviewable decisions— a decision about a person’s eligibility for a social housing service; a decision about the type of social housing service to be provided to a person; a decision about the place where a social housing service is to be provided to a person; a decision to appoint an interim manager for the business of a funded ancillary provider.\n(sec.63-ssec.2) The following decisions by the registrar are reviewable decisions— a decision to vary the category of registration of a national provider; a decision to refuse— an application for registration; or an application by a national provider to vary the provider’s registration; a decision to impose an additional standard condition; a decision to— cancel the registration of a registered provider; or refuse an application by a registered provider for cancellation of the provider’s registration; a decision to issue binding instructions to a registered provider; a decision to appoint a statutory manager for a registered provider.\n- (a) a decision about a person’s eligibility for a social housing service;\n- (b) a decision about the type of social housing service to be provided to a person;\n- (c) a decision about the place where a social housing service is to be provided to a person;\n- (d) a decision to appoint an interim manager for the business of a funded ancillary provider.\n- (a) a decision to vary the category of registration of a national provider;\n- (b) a decision to refuse— (i) an application for registration; or (ii) an application by a national provider to vary the provider’s registration;\n- (i) an application for registration; or\n- (ii) an application by a national provider to vary the provider’s registration;\n- (c) a decision to impose an additional standard condition;\n- (d) a decision to— (i) cancel the registration of a registered provider; or (ii) refuse an application by a registered provider for cancellation of the provider’s registration;\n- (i) cancel the registration of a registered provider; or\n- (ii) refuse an application by a registered provider for cancellation of the provider’s registration;\n- (e) a decision to issue binding instructions to a registered provider;\n- (f) a decision to appoint a statutory manager for a registered provider.\n- (i) an application for registration; or\n- (ii) an application by a national provider to vary the provider’s registration;\n- (i) cancel the registration of a registered provider; or\n- (ii) refuse an application by a registered provider for cancellation of the provider’s registration;","sortOrder":116},{"sectionNumber":"sec.64","sectionType":"section","heading":"Notice of reviewable decision","content":"### sec.64 Notice of reviewable decision\n\nAs soon as practicable after making a reviewable decision, the chief executive or the registrar must give the entity in relation to which the decision was made a notice stating—\nthe reasons for the decision; and\nthat the entity may apply to the chief executive for a review of the decision—\nfor a reviewable decision made by the chief executive—within 28 days after receiving the notice; or\nfor a reviewable decision made by the registrar—within 14 days after receiving the notice; and\nhow the entity may apply for the review; and\nif the notice relates to a decision by the registrar to cancel a provider’s registration—the day the cancellation takes effect.\ns 64 sub 2013 No. 5 s 42\n- (a) the reasons for the decision; and\n- (b) that the entity may apply to the chief executive for a review of the decision— (i) for a reviewable decision made by the chief executive—within 28 days after receiving the notice; or (ii) for a reviewable decision made by the registrar—within 14 days after receiving the notice; and\n- (i) for a reviewable decision made by the chief executive—within 28 days after receiving the notice; or\n- (ii) for a reviewable decision made by the registrar—within 14 days after receiving the notice; and\n- (c) how the entity may apply for the review; and\n- (d) if the notice relates to a decision by the registrar to cancel a provider’s registration—the day the cancellation takes effect.\n- (i) for a reviewable decision made by the chief executive—within 28 days after receiving the notice; or\n- (ii) for a reviewable decision made by the registrar—within 14 days after receiving the notice; and","sortOrder":117},{"sectionNumber":"sec.65","sectionType":"section","heading":"Application for review","content":"### sec.65 Application for review\n\nAn entity entitled to be given a notice under section 64 about a reviewable decision may apply to the chief executive for a review of the decision.\nThe application must be made—\nfor a reviewable decision made by the chief executive—\nif the chief executive gives the entity a notice under section 64 —within 28 days after the notice is given; or\notherwise—within 28 days after the entity becomes aware of the decision; or\nfor a reviewable decision made by the registrar—\nif the registrar gives the entity a notice under section 64 —within 14 days after the notice is given; or\notherwise—within 14 days after the entity becomes aware of the decision.\nThe application must be in the approved form and supported by enough information to enable the chief executive to decide the application.\nThe chief executive may extend the time for making the application.\ns 65 sub 2013 No. 5 s 42\n(sec.65-ssec.1) An entity entitled to be given a notice under section 64 about a reviewable decision may apply to the chief executive for a review of the decision.\n(sec.65-ssec.2) The application must be made— for a reviewable decision made by the chief executive— if the chief executive gives the entity a notice under section 64 —within 28 days after the notice is given; or otherwise—within 28 days after the entity becomes aware of the decision; or for a reviewable decision made by the registrar— if the registrar gives the entity a notice under section 64 —within 14 days after the notice is given; or otherwise—within 14 days after the entity becomes aware of the decision.\n(sec.65-ssec.3) The application must be in the approved form and supported by enough information to enable the chief executive to decide the application.\n(sec.65-ssec.4) The chief executive may extend the time for making the application.\n- (a) for a reviewable decision made by the chief executive— (i) if the chief executive gives the entity a notice under section 64 —within 28 days after the notice is given; or (ii) otherwise—within 28 days after the entity becomes aware of the decision; or\n- (i) if the chief executive gives the entity a notice under section 64 —within 28 days after the notice is given; or\n- (ii) otherwise—within 28 days after the entity becomes aware of the decision; or\n- (b) for a reviewable decision made by the registrar— (i) if the registrar gives the entity a notice under section 64 —within 14 days after the notice is given; or (ii) otherwise—within 14 days after the entity becomes aware of the decision.\n- (i) if the registrar gives the entity a notice under section 64 —within 14 days after the notice is given; or\n- (ii) otherwise—within 14 days after the entity becomes aware of the decision.\n- (i) if the chief executive gives the entity a notice under section 64 —within 28 days after the notice is given; or\n- (ii) otherwise—within 28 days after the entity becomes aware of the decision; or\n- (i) if the registrar gives the entity a notice under section 64 —within 14 days after the notice is given; or\n- (ii) otherwise—within 14 days after the entity becomes aware of the decision.","sortOrder":118},{"sectionNumber":"sec.66","sectionType":"section","heading":"Stay of operation of reviewable decision","content":"### sec.66 Stay of operation of reviewable decision\n\nAn application under section 65 for review of a reviewable decision does not stay the decision.\nHowever, the operation of the decision may be stayed by—\nfor a reviewable decision made by the chief executive—the chief executive giving the entity a notice staying the operation for a stated period; or\nfor a reviewable decision made by the registrar—the chief executive or registrar giving the entity a notice staying the operation of the decision for a stated period.\nThe chief executive or the registrar may grant the stay on conditions the chief executive or the registrar considers appropriate.\nIf the chief executive or the registrar grants a stay, the chief executive or registrar must give the entity in relation to which the reviewable decision was made a notice stating—\nthat the operation of the reviewable decision has been stayed; and\nthe day on which the stay ends; and\nany conditions imposed under subsection (3) .\ns 66 sub 2013 No. 5 s 42\n(sec.66-ssec.1) An application under section 65 for review of a reviewable decision does not stay the decision.\n(sec.66-ssec.2) However, the operation of the decision may be stayed by— for a reviewable decision made by the chief executive—the chief executive giving the entity a notice staying the operation for a stated period; or for a reviewable decision made by the registrar—the chief executive or registrar giving the entity a notice staying the operation of the decision for a stated period.\n(sec.66-ssec.3) The chief executive or the registrar may grant the stay on conditions the chief executive or the registrar considers appropriate.\n(sec.66-ssec.4) If the chief executive or the registrar grants a stay, the chief executive or registrar must give the entity in relation to which the reviewable decision was made a notice stating— that the operation of the reviewable decision has been stayed; and the day on which the stay ends; and any conditions imposed under subsection (3) .\n- (a) for a reviewable decision made by the chief executive—the chief executive giving the entity a notice staying the operation for a stated period; or\n- (b) for a reviewable decision made by the registrar—the chief executive or registrar giving the entity a notice staying the operation of the decision for a stated period.\n- (a) that the operation of the reviewable decision has been stayed; and\n- (b) the day on which the stay ends; and\n- (c) any conditions imposed under subsection (3) .","sortOrder":119},{"sectionNumber":"sec.67","sectionType":"section","heading":"Review decision","content":"### sec.67 Review decision\n\nThis section applies to an application under section 65 for a review of a decision.\nUnless the chief executive made the original decision personally, the chief executive must ensure the application is not dealt with by—\nthe person who made the original decision; or\na person in a less senior office than the person who made the original decision.\nWithin 28 days after receiving the application, the chief executive must review the original decision and make a decision (the review decision )—\nconfirming the original decision; or\namending the original decision; or\nsubstituting another decision for the original decision.\nThe chief executive must make the review decision on the material that led to the original decision and any other material the chief executive considers relevant.\nImmediately after making the review decision, the chief executive must give the person notice of the review decision and the reasons for it.\n(sec.67-ssec.1) This section applies to an application under section 65 for a review of a decision.\n(sec.67-ssec.2) Unless the chief executive made the original decision personally, the chief executive must ensure the application is not dealt with by— the person who made the original decision; or a person in a less senior office than the person who made the original decision.\n(sec.67-ssec.3) Within 28 days after receiving the application, the chief executive must review the original decision and make a decision (the review decision )— confirming the original decision; or amending the original decision; or substituting another decision for the original decision.\n(sec.67-ssec.4) The chief executive must make the review decision on the material that led to the original decision and any other material the chief executive considers relevant.\n(sec.67-ssec.5) Immediately after making the review decision, the chief executive must give the person notice of the review decision and the reasons for it.\n- (a) the person who made the original decision; or\n- (b) a person in a less senior office than the person who made the original decision.\n- (a) confirming the original decision; or\n- (b) amending the original decision; or\n- (c) substituting another decision for the original decision.","sortOrder":120},{"sectionNumber":"pt.7","sectionType":"part","heading":"Information gathering and enforcement","content":"# Information gathering and enforcement","sortOrder":121},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Matters for which powers may be exercised","content":"## Matters for which powers may be exercised","sortOrder":122},{"sectionNumber":"sec.68","sectionType":"section","heading":"Exercise of powers only for certain matters","content":"### sec.68 Exercise of powers only for certain matters\n\nA power conferred under this part may be exercised only for monitoring or enforcing—\ncompliance with parts 3 and 4 ; or\ncompliance by a registered provider with part 4A ; or\ncompliance by a funded ancillary provider with—\nsection 55 (1) ; or\nin relation to a relevant agreement within the meaning given by section 39 —the Residential Tenancies and Rooming Accommodation Act 2008 , section 185 (2) (b) to (d) or (3) (a) to (c) ; or\nThis relates to a ground for appointing an interim manager for the business of a funded ancillary provider. See section 41 (1) (b) .\ncompliance with section 88 or 89 .\ns 68 amd 2008 No. 73 s 554 sch 1\nsub 2013 No. 5 s 43\n- (a) compliance with parts 3 and 4 ; or\n- (b) compliance by a registered provider with part 4A ; or\n- (c) compliance by a funded ancillary provider with— (i) section 55 (1) ; or (ii) in relation to a relevant agreement within the meaning given by section 39 —the Residential Tenancies and Rooming Accommodation Act 2008 , section 185 (2) (b) to (d) or (3) (a) to (c) ; or Note for subparagraph (ii) — This relates to a ground for appointing an interim manager for the business of a funded ancillary provider. See section 41 (1) (b) .\n- (i) section 55 (1) ; or\n- (ii) in relation to a relevant agreement within the meaning given by section 39 —the Residential Tenancies and Rooming Accommodation Act 2008 , section 185 (2) (b) to (d) or (3) (a) to (c) ; or Note for subparagraph (ii) — This relates to a ground for appointing an interim manager for the business of a funded ancillary provider. See section 41 (1) (b) .\n- (d) compliance with section 88 or 89 .\n- (i) section 55 (1) ; or\n- (ii) in relation to a relevant agreement within the meaning given by section 39 —the Residential Tenancies and Rooming Accommodation Act 2008 , section 185 (2) (b) to (d) or (3) (a) to (c) ; or Note for subparagraph (ii) — This relates to a ground for appointing an interim manager for the business of a funded ancillary provider. See section 41 (1) (b) .","sortOrder":123},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Authorised officers","content":"## Authorised officers","sortOrder":124},{"sectionNumber":"sec.69","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.69 Appointment and qualifications\n\nThe following persons are authorised officers—\nthe registrar;\nan officer of the department appointed by the chief executive by instrument in writing.\nHowever, the chief executive may appoint an officer of the department as an authorised officer only if the chief executive is satisfied that the officer has the necessary expertise or experience.\ns 69 sub 2013 No. 5 s 44\n(sec.69-ssec.1) The following persons are authorised officers— the registrar; an officer of the department appointed by the chief executive by instrument in writing.\n(sec.69-ssec.2) However, the chief executive may appoint an officer of the department as an authorised officer only if the chief executive is satisfied that the officer has the necessary expertise or experience.\n- (a) the registrar;\n- (b) an officer of the department appointed by the chief executive by instrument in writing.","sortOrder":125},{"sectionNumber":"sec.70","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.70 Appointment conditions and limit on powers\n\nAn authorised officer holds office on any conditions stated in—\nif the officer was appointed under section 69 (1) (b) , the officer’s instrument of appointment; or\na signed notice given to the officer; or\na regulation.\nThe instrument of appointment, a signed notice given to the officer or a regulation may limit the officer’s powers under this Act.\nIn this section—\nsigned notice means a notice signed by the chief executive.\ns 70 amd 2013 No. 5 s 45\n(sec.70-ssec.1) An authorised officer holds office on any conditions stated in— if the officer was appointed under section 69 (1) (b) , the officer’s instrument of appointment; or a signed notice given to the officer; or a regulation.\n(sec.70-ssec.2) The instrument of appointment, a signed notice given to the officer or a regulation may limit the officer’s powers under this Act.\n(sec.70-ssec.3) In this section— signed notice means a notice signed by the chief executive.\n- (a) if the officer was appointed under section 69 (1) (b) , the officer’s instrument of appointment; or\n- (b) a signed notice given to the officer; or\n- (c) a regulation.","sortOrder":126},{"sectionNumber":"sec.71","sectionType":"section","heading":"When authorised officer stops holding office","content":"### sec.71 When authorised officer stops holding office\n\nAn authorised officer stops holding office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the officer stops holding office;\nthe officer’s resignation under section 72 takes effect.\nSubsection (1) does not limit the ways an authorised officer may stop holding office.\nIn this section—\ncondition of office means a condition on which the officer holds office.\n(sec.71-ssec.1) An authorised officer stops holding office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the officer stops holding office; the officer’s resignation under section 72 takes effect.\n(sec.71-ssec.2) Subsection (1) does not limit the ways an authorised officer may stop holding office.\n(sec.71-ssec.3) In this section— condition of office means a condition on which the officer holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the officer stops holding office;\n- (c) the officer’s resignation under section 72 takes effect.","sortOrder":127},{"sectionNumber":"sec.72","sectionType":"section","heading":"Resignation","content":"### sec.72 Resignation\n\nAn authorised officer may resign by signed notice given to the chief executive.\nHowever, the registrar may not resign as an authorised officer without resigning as registrar.\ns 72 amd 2013 No. 5 s 46\n(sec.72-ssec.1) An authorised officer may resign by signed notice given to the chief executive.\n(sec.72-ssec.2) However, the registrar may not resign as an authorised officer without resigning as registrar.","sortOrder":128},{"sectionNumber":"sec.73","sectionType":"section","heading":"Issue of identity card","content":"### sec.73 Issue of identity card\n\nThe chief executive must issue an identity card to each authorised officer.\nThe identity card must—\ncontain a recent photo of the officer; and\ncontain a copy of the officer’s signature; and\nidentify the person as an authorised officer under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n(sec.73-ssec.1) The chief executive must issue an identity card to each authorised officer.\n(sec.73-ssec.2) The identity card must— contain a recent photo of the officer; and contain a copy of the officer’s signature; and identify the person as an authorised officer under this Act; and state an expiry date for the card.\n(sec.73-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the officer; and\n- (b) contain a copy of the officer’s signature; and\n- (c) identify the person as an authorised officer under this Act; and\n- (d) state an expiry date for the card.","sortOrder":129},{"sectionNumber":"sec.74","sectionType":"section","heading":"Return of identity card","content":"### sec.74 Return of identity card\n\nA person who stops being an authorised officer must return the person’s identity card to the chief executive as soon as practicable, but not later than 7 days, after the person stops being an authorised officer unless the person has a reasonable excuse.\nMaximum penalty—5 penalty units.","sortOrder":130},{"sectionNumber":"sec.75","sectionType":"section","heading":"Production or display of identity card","content":"### sec.75 Production or display of identity card\n\nIn exercising a power under this Act in relation to a person, an authorised officer must—\nproduce the officer’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an authorised officer does not exercise a power in relation to a person only because the officer has entered a place as mentioned in section 77 (1) (b) or (2) .\n(sec.75-ssec.1) In exercising a power under this Act in relation to a person, an authorised officer must— produce the officer’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.75-ssec.2) However, if it is not practicable to comply with subsection (1) , the officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.75-ssec.3) For subsection (1) , an authorised officer does not exercise a power in relation to a person only because the officer has entered a place as mentioned in section 77 (1) (b) or (2) .\n- (a) produce the officer’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":131},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Powers of authorised officers","content":"## Powers of authorised officers","sortOrder":132},{"sectionNumber":"sec.76","sectionType":"section","heading":"Non-application to certain residences","content":"### sec.76 Non-application to certain residences\n\nThis division does not apply to a place that a person is occupying as the person’s residence—\nunder a residential tenancy agreement, contract of sale or other agreement with the chief executive; or\nwith financial assistance given directly to the person by the chief executive to enable the person to occupy the place as the person’s residence.\nFor a person who is an authorised officer, subsection (1) does not prevent the person entering a place mentioned in subsection (1) other than in the person’s capacity as an authorised officer.\n(sec.76-ssec.1) This division does not apply to a place that a person is occupying as the person’s residence— under a residential tenancy agreement, contract of sale or other agreement with the chief executive; or with financial assistance given directly to the person by the chief executive to enable the person to occupy the place as the person’s residence.\n(sec.76-ssec.2) For a person who is an authorised officer, subsection (1) does not prevent the person entering a place mentioned in subsection (1) other than in the person’s capacity as an authorised officer.\n- (a) under a residential tenancy agreement, contract of sale or other agreement with the chief executive; or\n- (b) with financial assistance given directly to the person by the chief executive to enable the person to occupy the place as the person’s residence.","sortOrder":133},{"sectionNumber":"sec.77","sectionType":"section","heading":"Power to enter a place","content":"### sec.77 Power to enter a place\n\nAn authorised officer may enter a place if—\nits occupier consents to the entry; or\nit is a public place and the entry is made when it is open to the public; or\nit is not a residence and the entry is made when the place is open for the conduct of business.\nWithout limiting subsection (1) (c) , the registrar may enter the premises of a registered provider, other than a residence, to inspect the premises or the provider’s records as mentioned in a condition of the provider’s registration.\nFor the purpose of asking the occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent—\nenter land around a building at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\ns 77 amd 2013 No. 5 s 47\n(sec.77-ssec.1) An authorised officer may enter a place if— its occupier consents to the entry; or it is a public place and the entry is made when it is open to the public; or it is not a residence and the entry is made when the place is open for the conduct of business.\n(sec.77-ssec.1A) Without limiting subsection (1) (c) , the registrar may enter the premises of a registered provider, other than a residence, to inspect the premises or the provider’s records as mentioned in a condition of the provider’s registration.\n(sec.77-ssec.2) For the purpose of asking the occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent— enter land around a building at the place to an extent that is reasonable to contact the occupier; or enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n- (a) its occupier consents to the entry; or\n- (b) it is a public place and the entry is made when it is open to the public; or\n- (c) it is not a residence and the entry is made when the place is open for the conduct of business.\n- (a) enter land around a building at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.","sortOrder":134},{"sectionNumber":"sec.78","sectionType":"section","heading":"Entry with consent","content":"### sec.78 Entry with consent\n\nThis section applies if an authorised officer intends to ask an occupier of a place to consent to the officer or another authorised officer entering the place under section 77 (1) (a) .\nBefore asking for the consent, the officer must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nbriefly, the powers the officer may exercise under this part.\nIf the consent is given, the officer may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nbriefly, the powers the officer may exercise under this part; and\nthe purpose of the entry; and\nthe occupier gives the officer consent to enter the place and exercise powers under this part; and\nthe time and date the consent was given.\nIf the occupier signs the acknowledgement, the officer must immediately give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\nan acknowledgement complying with subsection (4) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n(sec.78-ssec.1) This section applies if an authorised officer intends to ask an occupier of a place to consent to the officer or another authorised officer entering the place under section 77 (1) (a) .\n(sec.78-ssec.2) Before asking for the consent, the officer must tell the occupier— the purpose of the entry; and that the occupier is not required to consent; and briefly, the powers the officer may exercise under this part.\n(sec.78-ssec.3) If the consent is given, the officer may ask the occupier to sign an acknowledgement of the consent.\n(sec.78-ssec.4) The acknowledgement must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and briefly, the powers the officer may exercise under this part; and the purpose of the entry; and the occupier gives the officer consent to enter the place and exercise powers under this part; and the time and date the consent was given.\n(sec.78-ssec.5) If the occupier signs the acknowledgement, the officer must immediately give a copy to the occupier.\n(sec.78-ssec.6) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgement complying with subsection (4) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent; and\n- (c) briefly, the powers the officer may exercise under this part.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and (iii) briefly, the powers the officer may exercise under this part; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (iii) briefly, the powers the officer may exercise under this part; and\n- (b) the purpose of the entry; and\n- (c) the occupier gives the officer consent to enter the place and exercise powers under this part; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (iii) briefly, the powers the officer may exercise under this part; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) an acknowledgement complying with subsection (4) for the entry is not produced in evidence;","sortOrder":135},{"sectionNumber":"sec.79","sectionType":"section","heading":"General powers after entering a place","content":"### sec.79 General powers after entering a place\n\nThis section applies to an authorised officer who enters a place under this division.\nHowever, if an authorised officer enters a place to get the occupier’s consent to enter the place, this section applies to the officer only if the consent is given or the entry is otherwise authorised.\nThe authorised officer may do any of the following—\nsearch any part of the place;\ninspect, photograph or film any part of the place or anything at the place;\ncopy a document at the place;\ntake into or onto the place any person, equipment and materials the officer reasonably requires for the exercise of a power under this part;\nrequire the occupier of the place, or a person at the place, to give the officer—\nreasonable help to exercise the officer’s powers under paragraphs (a) to (d) ; or\ninformation to help the officer find out whether a provision mentioned in section 68 or a prescribed requirement is being complied with.\n(sec.79-ssec.1) This section applies to an authorised officer who enters a place under this division.\n(sec.79-ssec.2) However, if an authorised officer enters a place to get the occupier’s consent to enter the place, this section applies to the officer only if the consent is given or the entry is otherwise authorised.\n(sec.79-ssec.3) The authorised officer may do any of the following— search any part of the place; inspect, photograph or film any part of the place or anything at the place; copy a document at the place; take into or onto the place any person, equipment and materials the officer reasonably requires for the exercise of a power under this part; require the occupier of the place, or a person at the place, to give the officer— reasonable help to exercise the officer’s powers under paragraphs (a) to (d) ; or information to help the officer find out whether a provision mentioned in section 68 or a prescribed requirement is being complied with.\n- (a) search any part of the place;\n- (b) inspect, photograph or film any part of the place or anything at the place;\n- (c) copy a document at the place;\n- (d) take into or onto the place any person, equipment and materials the officer reasonably requires for the exercise of a power under this part;\n- (e) require the occupier of the place, or a person at the place, to give the officer— (i) reasonable help to exercise the officer’s powers under paragraphs (a) to (d) ; or (ii) information to help the officer find out whether a provision mentioned in section 68 or a prescribed requirement is being complied with.\n- (i) reasonable help to exercise the officer’s powers under paragraphs (a) to (d) ; or\n- (ii) information to help the officer find out whether a provision mentioned in section 68 or a prescribed requirement is being complied with.\n- (i) reasonable help to exercise the officer’s powers under paragraphs (a) to (d) ; or\n- (ii) information to help the officer find out whether a provision mentioned in section 68 or a prescribed requirement is being complied with.","sortOrder":136},{"sectionNumber":"sec.80","sectionType":"section","heading":"Failure to help authorised officer","content":"### sec.80 Failure to help authorised officer\n\nA person required to give reasonable help, or information, under section 79 (3) (e) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.","sortOrder":137},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Other powers","content":"## Other powers","sortOrder":138},{"sectionNumber":"sec.81","sectionType":"section","heading":"Power to require information or documents","content":"### sec.81 Power to require information or documents\n\nThe chief executive or an authorised officer may, by notice given to a person, require the person to—\ngive to the chief executive or an authorised officer, either orally or in writing, information in the person’s knowledge about a stated matter within a stated reasonable time and in a stated reasonable way; or\ngive to the chief executive or an authorised officer, within a stated reasonable time and in a stated reasonable way, a document about a stated matter in the person’s possession or control.\nThe chief executive or authorised officer may keep a document mentioned in subsection (1) (b) to copy it.\nIf the chief executive or authorised officer copies the document, or an entry in the document, the chief executive or officer may require the person who has possession or control of the document to certify the copy as a true copy of the document or entry.\nThe chief executive or authorised officer must return the document to the person as soon as practicable after copying it.\nA person of whom a requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nIf a court convicts a person of an offence against subsection (5) , the court may also order the person to give to the chief executive or a stated authorised officer, within a stated time and in a stated way, information or a document to which the requirement related.\ns 81 amd 2005 No. 33 s 5\n(sec.81-ssec.1) The chief executive or an authorised officer may, by notice given to a person, require the person to— give to the chief executive or an authorised officer, either orally or in writing, information in the person’s knowledge about a stated matter within a stated reasonable time and in a stated reasonable way; or give to the chief executive or an authorised officer, within a stated reasonable time and in a stated reasonable way, a document about a stated matter in the person’s possession or control.\n(sec.81-ssec.2) The chief executive or authorised officer may keep a document mentioned in subsection (1) (b) to copy it.\n(sec.81-ssec.3) If the chief executive or authorised officer copies the document, or an entry in the document, the chief executive or officer may require the person who has possession or control of the document to certify the copy as a true copy of the document or entry.\n(sec.81-ssec.4) The chief executive or authorised officer must return the document to the person as soon as practicable after copying it.\n(sec.81-ssec.5) A person of whom a requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.81-ssec.6) If a court convicts a person of an offence against subsection (5) , the court may also order the person to give to the chief executive or a stated authorised officer, within a stated time and in a stated way, information or a document to which the requirement related.\n- (a) give to the chief executive or an authorised officer, either orally or in writing, information in the person’s knowledge about a stated matter within a stated reasonable time and in a stated reasonable way; or\n- (b) give to the chief executive or an authorised officer, within a stated reasonable time and in a stated reasonable way, a document about a stated matter in the person’s possession or control.","sortOrder":139},{"sectionNumber":"sec.81A","sectionType":"section","heading":"Registrar may require attendance","content":"### sec.81A Registrar may require attendance\n\nThe registrar may, by notice given to a registered provider, require the provider to ensure that a suitably qualified officer of the provider attends a meeting with the registrar to provide oral information about the provider’s affairs, on the day and in the place stated in the notice.\nA person required by a notice mentioned in subsection (1) to attend a meeting must not, without reasonable excuse—\nfail to attend as required by the notice; or\nfail to continue to attend the meeting as required by the registrar until excused from further attendance by the registrar.\nA failure to comply with this section is not an offence but may be a ground for the registrar to give a registered provider a notice of noncompliance.\ns 81A ins 2013 No. 5 s 48\n(sec.81A-ssec.1) The registrar may, by notice given to a registered provider, require the provider to ensure that a suitably qualified officer of the provider attends a meeting with the registrar to provide oral information about the provider’s affairs, on the day and in the place stated in the notice.\n(sec.81A-ssec.2) A person required by a notice mentioned in subsection (1) to attend a meeting must not, without reasonable excuse— fail to attend as required by the notice; or fail to continue to attend the meeting as required by the registrar until excused from further attendance by the registrar. A failure to comply with this section is not an offence but may be a ground for the registrar to give a registered provider a notice of noncompliance.\n- (a) fail to attend as required by the notice; or\n- (b) fail to continue to attend the meeting as required by the registrar until excused from further attendance by the registrar.","sortOrder":140},{"sectionNumber":"pt.7-div.5","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":141},{"sectionNumber":"sec.82","sectionType":"section","heading":"Self-incrimination","content":"### sec.82 Self-incrimination\n\nThis section applies if—\nthe chief executive or an authorised officer makes a requirement of an individual; and\nunder a provision of this part, it is an offence for the individual to fail to comply with the requirement unless the individual has a reasonable excuse.\nIt is a reasonable excuse for the individual to fail to comply with the requirement that complying with the requirement might tend to incriminate the individual.\n(sec.82-ssec.1) This section applies if— the chief executive or an authorised officer makes a requirement of an individual; and under a provision of this part, it is an offence for the individual to fail to comply with the requirement unless the individual has a reasonable excuse.\n(sec.82-ssec.2) It is a reasonable excuse for the individual to fail to comply with the requirement that complying with the requirement might tend to incriminate the individual.\n- (a) the chief executive or an authorised officer makes a requirement of an individual; and\n- (b) under a provision of this part, it is an offence for the individual to fail to comply with the requirement unless the individual has a reasonable excuse.","sortOrder":142},{"sectionNumber":"sec.83","sectionType":"section","heading":"Compensation","content":"### sec.83 Compensation\n\nA person may claim compensation from the chief executive if the person incurs loss or damage because of the exercise or purported exercise of a power under this part.\nWithout limiting subsection (1) , compensation may be claimed for loss or damage incurred in complying with a requirement made of the person under this part.\nCompensation may be claimed and ordered to be paid in a proceeding—\nbrought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\nfor an offence against this Act brought against the person claiming compensation.\nA court may order compensation to be paid only if satisfied it is just to make the order in the circumstances of the particular case.\n(sec.83-ssec.1) A person may claim compensation from the chief executive if the person incurs loss or damage because of the exercise or purported exercise of a power under this part.\n(sec.83-ssec.2) Without limiting subsection (1) , compensation may be claimed for loss or damage incurred in complying with a requirement made of the person under this part.\n(sec.83-ssec.3) Compensation may be claimed and ordered to be paid in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an offence against this Act brought against the person claiming compensation.\n(sec.83-ssec.4) A court may order compensation to be paid only if satisfied it is just to make the order in the circumstances of the particular case.\n- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\n- (b) for an offence against this Act brought against the person claiming compensation.","sortOrder":143},{"sectionNumber":"sec.84","sectionType":"section","heading":"Obstructing an authorised officer","content":"### sec.84 Obstructing an authorised officer\n\nA person must not obstruct an authorised officer in the exercise of a power, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nIf a person has obstructed an authorised officer and the officer decides to proceed with the exercise of the power, the officer must warn the person that—\nit is an offence to obstruct the officer, unless the person has a reasonable excuse; and\nthe officer considers the person’s conduct an obstruction.\n(sec.84-ssec.1) A person must not obstruct an authorised officer in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.84-ssec.2) If a person has obstructed an authorised officer and the officer decides to proceed with the exercise of the power, the officer must warn the person that— it is an offence to obstruct the officer, unless the person has a reasonable excuse; and the officer considers the person’s conduct an obstruction.\n- (a) it is an offence to obstruct the officer, unless the person has a reasonable excuse; and\n- (b) the officer considers the person’s conduct an obstruction.","sortOrder":144},{"sectionNumber":"sec.85","sectionType":"section","heading":"Impersonation of an authorised officer","content":"### sec.85 Impersonation of an authorised officer\n\nA person must not pretend to be an authorised officer.\nMaximum penalty—20 penalty units.","sortOrder":145},{"sectionNumber":"sec.86","sectionType":"section","heading":"Duty of confidentiality","content":"### sec.86 Duty of confidentiality\n\nThis section applies to a person—\nwho is, or has been, appointed as an authorised officer; and\nwho, in the course of the appointment or because of opportunity provided by the appointment, has gained or has access to confidential information about someone else.\nThe person must not make a record of the information, disclose the information to anyone else or give access to the information to anyone else, other than—\nfor a purpose of this Act; or\nwith the consent of the person to whom the information relates; or\nin compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or\nas expressly permitted or required under an Act.\nMaximum penalty—20 penalty units.\nIn this section—\nauthorised officer does not include the registrar.\ns 86 amd 2013 No. 5 s 49\n(sec.86-ssec.1) This section applies to a person— who is, or has been, appointed as an authorised officer; and who, in the course of the appointment or because of opportunity provided by the appointment, has gained or has access to confidential information about someone else.\n(sec.86-ssec.2) The person must not make a record of the information, disclose the information to anyone else or give access to the information to anyone else, other than— for a purpose of this Act; or with the consent of the person to whom the information relates; or in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or as expressly permitted or required under an Act. Maximum penalty—20 penalty units.\n(sec.86-ssec.3) In this section— authorised officer does not include the registrar.\n- (a) who is, or has been, appointed as an authorised officer; and\n- (b) who, in the course of the appointment or because of opportunity provided by the appointment, has gained or has access to confidential information about someone else.\n- (a) for a purpose of this Act; or\n- (b) with the consent of the person to whom the information relates; or\n- (c) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or\n- (d) as expressly permitted or required under an Act.","sortOrder":146},{"sectionNumber":"pt.8","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":147},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":148},{"sectionNumber":"sec.87","sectionType":"section","heading":"Meaning of official","content":"### sec.87 Meaning of official\n\nIn this division—\nofficial means the chief executive or an authorised officer, including the registrar.\ns 87 amd 2013 No. 5 s 50","sortOrder":149},{"sectionNumber":"sec.88","sectionType":"section","heading":"False or misleading statements","content":"### sec.88 False or misleading statements\n\nA person must not state anything to an official that the person knows is false or misleading in a material particular.\nMaximum penalty—10 penalty units.","sortOrder":150},{"sectionNumber":"sec.89","sectionType":"section","heading":"False or misleading documents","content":"### sec.89 False or misleading documents\n\nA person must not give an official a document containing information that the person knows is false or misleading in a material particular.\nMaximum penalty—10 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the official, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.89-ssec.1) A person must not give an official a document containing information that the person knows is false or misleading in a material particular. Maximum penalty—10 penalty units.\n(sec.89-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the official, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) tells the official, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":151},{"sectionNumber":"sec.90","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.90 Responsibility for acts or omissions of representatives\n\nThis section applies in a proceeding for an offence against this Act.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\nIn this section—\nrepresentative means—\nfor a corporation—an executive officer, employee or agent of the corporation; or\nfor an individual—an employee or agent of the individual.\nstate of mind , of a person, includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\n(sec.90-ssec.1) This section applies in a proceeding for an offence against this Act.\n(sec.90-ssec.2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.90-ssec.3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n(sec.90-ssec.4) In this section— representative means— for a corporation—an executive officer, employee or agent of the corporation; or for an individual—an employee or agent of the individual. state of mind , of a person, includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) for a corporation—an executive officer, employee or agent of the corporation; or\n- (b) for an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":152},{"sectionNumber":"sec.91","sectionType":"section","heading":null,"content":"### Section sec.91\n\ns 91 om 2013 No. 51 s 71","sortOrder":153},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Interest rates for owner-occupied home loans","content":"## Interest rates for owner-occupied home loans","sortOrder":154},{"sectionNumber":"sec.92","sectionType":"section","heading":"Standard interest rates","content":"### sec.92 Standard interest rates\n\nThe chief executive may, by publishing a notice in a newspaper circulating throughout the State, declare 1 or more standard interest rates for owner-occupied home loans made by the chief executive under this Act.\nThe declared rates may include—\n1 or more standard fixed interest rates; and\n1 or more standard variable interest rates.\nA declared interest rate must be consistent with the interest rate policy prescribed under a regulation.\nA declared interest rate applies to a loan if the rate is stated to apply under this Act or under an agreement between the parties to the loan.\ns 92 amd 2005 No. 33 s 6\n(sec.92-ssec.1) The chief executive may, by publishing a notice in a newspaper circulating throughout the State, declare 1 or more standard interest rates for owner-occupied home loans made by the chief executive under this Act.\n(sec.92-ssec.2) The declared rates may include— 1 or more standard fixed interest rates; and 1 or more standard variable interest rates.\n(sec.92-ssec.3) A declared interest rate must be consistent with the interest rate policy prescribed under a regulation.\n(sec.92-ssec.4) A declared interest rate applies to a loan if the rate is stated to apply under this Act or under an agreement between the parties to the loan.\n- (a) 1 or more standard fixed interest rates; and\n- (b) 1 or more standard variable interest rates.","sortOrder":155},{"sectionNumber":"sec.93","sectionType":"section","heading":"Lower interest rate in special circumstances","content":"### sec.93 Lower interest rate in special circumstances\n\nThis section applies if the chief executive has made, or is proposing to make, an owner-occupied home loan to a person.\nThe chief executive may lower the interest rate applying, or that would otherwise apply, to the loan if the chief executive is satisfied it would be appropriate to do so because of special circumstances.\nThe chief executive may agree with the person on other conditions for the loan including, for example, a condition about the time for which the lower interest rate applies.\n(sec.93-ssec.1) This section applies if the chief executive has made, or is proposing to make, an owner-occupied home loan to a person.\n(sec.93-ssec.2) The chief executive may lower the interest rate applying, or that would otherwise apply, to the loan if the chief executive is satisfied it would be appropriate to do so because of special circumstances.\n(sec.93-ssec.3) The chief executive may agree with the person on other conditions for the loan including, for example, a condition about the time for which the lower interest rate applies.","sortOrder":156},{"sectionNumber":"sec.94","sectionType":"section","heading":"Other ways of setting rates not limited","content":"### sec.94 Other ways of setting rates not limited\n\nThis division does not limit the interest rates the chief executive may agree to, or the ways the chief executive may set interest rates, for loans made by the chief executive on behalf of the State.\nSee section 13 for the chief executive’s power to make loans and set interest rates for the loans.","sortOrder":157},{"sectionNumber":"pt.8-div.2A","sectionType":"division","heading":"Confidentiality","content":"## Confidentiality","sortOrder":158},{"sectionNumber":"sec.94A","sectionType":"section","heading":"Definitions for div 2A","content":"### sec.94A Definitions for div 2A\n\nIn this division—\napproved provider means—\na funded provider that—\nprovides housing services, other than a funded provider that only provides home maintenance services or home modification services; and\nis, under the provider’s funding agreement, described as an approved provider in relation to the disclosure of confidential information; or\nan exempt provider or registered provider if—\nthe exempt provider or registered provider is engaged under a contract or agreement by an approved provider mentioned in paragraph (a) to provide services to the approved provider; and\nunder the approved provider’s funding agreement, the approved provider is authorised to disclose confidential information to the exempt provider or registered provider.\ndisclose includes record, reveal or use.\ns 94A ins 2014 No. 57 s 66\n- (a) a funded provider that— (i) provides housing services, other than a funded provider that only provides home maintenance services or home modification services; and (ii) is, under the provider’s funding agreement, described as an approved provider in relation to the disclosure of confidential information; or\n- (i) provides housing services, other than a funded provider that only provides home maintenance services or home modification services; and\n- (ii) is, under the provider’s funding agreement, described as an approved provider in relation to the disclosure of confidential information; or\n- (b) an exempt provider or registered provider if— (i) the exempt provider or registered provider is engaged under a contract or agreement by an approved provider mentioned in paragraph (a) to provide services to the approved provider; and (ii) under the approved provider’s funding agreement, the approved provider is authorised to disclose confidential information to the exempt provider or registered provider.\n- (i) the exempt provider or registered provider is engaged under a contract or agreement by an approved provider mentioned in paragraph (a) to provide services to the approved provider; and\n- (ii) under the approved provider’s funding agreement, the approved provider is authorised to disclose confidential information to the exempt provider or registered provider.\n- (i) provides housing services, other than a funded provider that only provides home maintenance services or home modification services; and\n- (ii) is, under the provider’s funding agreement, described as an approved provider in relation to the disclosure of confidential information; or\n- (i) the exempt provider or registered provider is engaged under a contract or agreement by an approved provider mentioned in paragraph (a) to provide services to the approved provider; and\n- (ii) under the approved provider’s funding agreement, the approved provider is authorised to disclose confidential information to the exempt provider or registered provider.","sortOrder":159},{"sectionNumber":"sec.94B","sectionType":"section","heading":"Immunity for disclosure of particular confidential information","content":"### sec.94B Immunity for disclosure of particular confidential information\n\nThis section applies to the disclosure of confidential information by—\nthe chief executive or an employee of the department to an approved provider; or\nan approved provider or an employee of the approved provider to the chief executive or another approved provider.\nThe chief executive, employee of the department, approved provider or employee of the approved provider is not criminally liable for the disclosure under any law, including, for example, a confidentiality provision, if the disclosure is made for the purpose of providing a housing service.\nThe chief executive or employee of the department is not civilly liable if the disclosure is made for the purpose of providing a housing service.\nThe approved provider or employee of the approved provider is not civilly liable if—\nthe disclosure is made for the purpose of providing a housing service; and\nthe disclosure does not contravene—\nfor a funded provider—a term of the provider’s funding agreement; or\nfor another approved provider—a term of the provider’s contract or agreement with a funded provider.\nIn this section—\nconfidentiality provision means any of the following—\nthe Ambulance Service Act 1991 , section 49A ;\nthe Child Protection Act 1999 , sections 186 and 188 ;\nthe Corrective Services Act 2006 , section 341 ;\nthe Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 ;\nthe Criminal Law (Sexual Offences) Act 1978 , section 10 ;\nthe Witness Protection Act 2000 , section 36 ;\nsection 94C , 94D or 94E .\ns 94B ins 2014 No. 57 s 66\n(sec.94B-ssec.1) This section applies to the disclosure of confidential information by— the chief executive or an employee of the department to an approved provider; or an approved provider or an employee of the approved provider to the chief executive or another approved provider.\n(sec.94B-ssec.2) The chief executive, employee of the department, approved provider or employee of the approved provider is not criminally liable for the disclosure under any law, including, for example, a confidentiality provision, if the disclosure is made for the purpose of providing a housing service.\n(sec.94B-ssec.3) The chief executive or employee of the department is not civilly liable if the disclosure is made for the purpose of providing a housing service.\n(sec.94B-ssec.4) The approved provider or employee of the approved provider is not civilly liable if— the disclosure is made for the purpose of providing a housing service; and the disclosure does not contravene— for a funded provider—a term of the provider’s funding agreement; or for another approved provider—a term of the provider’s contract or agreement with a funded provider.\n(sec.94B-ssec.5) In this section— confidentiality provision means any of the following— the Ambulance Service Act 1991 , section 49A ; the Child Protection Act 1999 , sections 186 and 188 ; the Corrective Services Act 2006 , section 341 ; the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 ; the Criminal Law (Sexual Offences) Act 1978 , section 10 ; the Witness Protection Act 2000 , section 36 ; section 94C , 94D or 94E .\n- (a) the chief executive or an employee of the department to an approved provider; or\n- (b) an approved provider or an employee of the approved provider to the chief executive or another approved provider.\n- (a) the disclosure is made for the purpose of providing a housing service; and\n- (b) the disclosure does not contravene— (i) for a funded provider—a term of the provider’s funding agreement; or (ii) for another approved provider—a term of the provider’s contract or agreement with a funded provider.\n- (i) for a funded provider—a term of the provider’s funding agreement; or\n- (ii) for another approved provider—a term of the provider’s contract or agreement with a funded provider.\n- (i) for a funded provider—a term of the provider’s funding agreement; or\n- (ii) for another approved provider—a term of the provider’s contract or agreement with a funded provider.\n- (a) the Ambulance Service Act 1991 , section 49A ;\n- (b) the Child Protection Act 1999 , sections 186 and 188 ;\n- (c) the Corrective Services Act 2006 , section 341 ;\n- (d) the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 ;\n- (e) the Criminal Law (Sexual Offences) Act 1978 , section 10 ;\n- (f) the Witness Protection Act 2000 , section 36 ;\n- (g) section 94C , 94D or 94E .","sortOrder":160},{"sectionNumber":"sec.94C","sectionType":"section","heading":"Prohibition on disclosure of confidential information the subject of the Ambulance Service Act 1991 , s 49A","content":"### sec.94C Prohibition on disclosure of confidential information the subject of the Ambulance Service Act 1991 , s 49A\n\nThis section applies to confidential information given to an approved provider or an employee of an approved provider if the information is or has been confidential information—\nthat must not be disclosed under the Ambulance Service Act 1991 , section 49A ; and\nthat identifies a person as a person who is receiving, or has received, an ambulance service.\nThe approved provider or employee must not disclose the information to anyone else.\nMaximum penalty—50 penalty units.\nHowever, the approved provider or employee may disclose the information to someone else if the disclosure is—\nto the person to whom the confidential information relates; or\nrequired or permitted by law.\ns 94C ins 2014 No. 57 s 66\n(sec.94C-ssec.1) This section applies to confidential information given to an approved provider or an employee of an approved provider if the information is or has been confidential information— that must not be disclosed under the Ambulance Service Act 1991 , section 49A ; and that identifies a person as a person who is receiving, or has received, an ambulance service.\n(sec.94C-ssec.2) The approved provider or employee must not disclose the information to anyone else. Maximum penalty—50 penalty units.\n(sec.94C-ssec.3) However, the approved provider or employee may disclose the information to someone else if the disclosure is— to the person to whom the confidential information relates; or required or permitted by law.\n- (a) that must not be disclosed under the Ambulance Service Act 1991 , section 49A ; and\n- (b) that identifies a person as a person who is receiving, or has received, an ambulance service.\n- (a) to the person to whom the confidential information relates; or\n- (b) required or permitted by law.","sortOrder":161},{"sectionNumber":"sec.94D","sectionType":"section","heading":"Prohibition on disclosure of confidential information the subject of the Child Protection Act 1999 , s 188","content":"### sec.94D Prohibition on disclosure of confidential information the subject of the Child Protection Act 1999 , s 188\n\nThis section applies to confidential information given to an approved provider or an employee of an approved provider if the information is or has been information or a document—\nthat must not be disclosed, or to which access must not be given, under the Child Protection Act 1999 , section 188 (2) ; and\nthat is about a person’s affairs.\nThe approved provider or employee must not disclose the information, or give access to the document, to anyone else.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nHowever, the approved provider or employee may disclose the information or give access to the document to someone else—\nif the disclosure or giving of access is authorised by the chief executive under the Child Protection Act 1999 , section 189B ; or\nif the disclosure or giving of access is for purposes directly related to a child’s protection or wellbeing; or\nif the disclosure or giving of access is for purposes directly related to obtaining information requested by the chief executive under the Child Protection Act 1999 , section 246C ; or\nif the disclosure or giving of access is required or permitted by law.\nIn this section—\nchief executive means the chief executive of the department in which the Child Protection Act 1999 is administered.\ns 94D ins 2014 No. 57 s 66\n(sec.94D-ssec.1) This section applies to confidential information given to an approved provider or an employee of an approved provider if the information is or has been information or a document— that must not be disclosed, or to which access must not be given, under the Child Protection Act 1999 , section 188 (2) ; and that is about a person’s affairs.\n(sec.94D-ssec.2) The approved provider or employee must not disclose the information, or give access to the document, to anyone else. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.94D-ssec.3) However, the approved provider or employee may disclose the information or give access to the document to someone else— if the disclosure or giving of access is authorised by the chief executive under the Child Protection Act 1999 , section 189B ; or if the disclosure or giving of access is for purposes directly related to a child’s protection or wellbeing; or if the disclosure or giving of access is for purposes directly related to obtaining information requested by the chief executive under the Child Protection Act 1999 , section 246C ; or if the disclosure or giving of access is required or permitted by law.\n(sec.94D-ssec.4) In this section— chief executive means the chief executive of the department in which the Child Protection Act 1999 is administered.\n- (a) that must not be disclosed, or to which access must not be given, under the Child Protection Act 1999 , section 188 (2) ; and\n- (b) that is about a person’s affairs.\n- (a) if the disclosure or giving of access is authorised by the chief executive under the Child Protection Act 1999 , section 189B ; or\n- (b) if the disclosure or giving of access is for purposes directly related to a child’s protection or wellbeing; or\n- (c) if the disclosure or giving of access is for purposes directly related to obtaining information requested by the chief executive under the Child Protection Act 1999 , section 246C ; or\n- (d) if the disclosure or giving of access is required or permitted by law.","sortOrder":162},{"sectionNumber":"sec.94E","sectionType":"section","heading":"Prohibition on disclosure of confidential information the subject of the Corrective Services Act 2006 , s 341","content":"### sec.94E Prohibition on disclosure of confidential information the subject of the Corrective Services Act 2006 , s 341\n\nThis section applies to confidential information given to an approved provider or an employee of an approved provider if the information is or has been confidential information that must not be disclosed under the Corrective Services Act 2006 , section 341 (2) .\nThe approved provider or employee must not disclose the information to anyone else.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nHowever, the approved provider or employee may disclose the information to someone else—\nif the disclosure is to the person to whom the confidential information relates; or\nif authorised by the chief executive of the department that administers the Corrective Services Act 2006 because—\na person’s life or physical safety could otherwise reasonably be expected to be endangered; or\nit is otherwise in the public interest; or\nif the information merely informs someone—\nof the corrective services facility in which a prisoner is being held in custody under the Corrective Services Act 2006 ; or\nfor an offender who is subject to a parole order or a community based order under the Corrective Services Act 2006 —that the offender is subject to the order; or\nif the disclosure is required or permitted by law.\ns 94E ins 2014 No. 57 s 66\n(sec.94E-ssec.1) This section applies to confidential information given to an approved provider or an employee of an approved provider if the information is or has been confidential information that must not be disclosed under the Corrective Services Act 2006 , section 341 (2) .\n(sec.94E-ssec.2) The approved provider or employee must not disclose the information to anyone else. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.94E-ssec.3) However, the approved provider or employee may disclose the information to someone else— if the disclosure is to the person to whom the confidential information relates; or if authorised by the chief executive of the department that administers the Corrective Services Act 2006 because— a person’s life or physical safety could otherwise reasonably be expected to be endangered; or it is otherwise in the public interest; or if the information merely informs someone— of the corrective services facility in which a prisoner is being held in custody under the Corrective Services Act 2006 ; or for an offender who is subject to a parole order or a community based order under the Corrective Services Act 2006 —that the offender is subject to the order; or if the disclosure is required or permitted by law.\n- (a) if the disclosure is to the person to whom the confidential information relates; or\n- (b) if authorised by the chief executive of the department that administers the Corrective Services Act 2006 because— (i) a person’s life or physical safety could otherwise reasonably be expected to be endangered; or (ii) it is otherwise in the public interest; or\n- (i) a person’s life or physical safety could otherwise reasonably be expected to be endangered; or\n- (ii) it is otherwise in the public interest; or\n- (c) if the information merely informs someone— (i) of the corrective services facility in which a prisoner is being held in custody under the Corrective Services Act 2006 ; or (ii) for an offender who is subject to a parole order or a community based order under the Corrective Services Act 2006 —that the offender is subject to the order; or\n- (i) of the corrective services facility in which a prisoner is being held in custody under the Corrective Services Act 2006 ; or\n- (ii) for an offender who is subject to a parole order or a community based order under the Corrective Services Act 2006 —that the offender is subject to the order; or\n- (d) if the disclosure is required or permitted by law.\n- (i) a person’s life or physical safety could otherwise reasonably be expected to be endangered; or\n- (ii) it is otherwise in the public interest; or\n- (i) of the corrective services facility in which a prisoner is being held in custody under the Corrective Services Act 2006 ; or\n- (ii) for an offender who is subject to a parole order or a community based order under the Corrective Services Act 2006 —that the offender is subject to the order; or","sortOrder":163},{"sectionNumber":"pt.8-div.2B","sectionType":"division","heading":"Development of public housing premises","content":"## Development of public housing premises","sortOrder":164},{"sectionNumber":"sec.94F","sectionType":"section","heading":"Definitions for div 2B","content":"### sec.94F Definitions for div 2B\n\nIn this division—\napplicable laws , for development of public housing premises, means any Act, including any of the following Acts, as in force at the time the development was carried out, to the extent it applied to the development—\nthe Building Act 1975 ;\nthe Economic Development Act 2012 ;\nthe Integrated Planning Act 1997 ;\nthe Local Government (Planning and Environment) Act 1990 ;\nthe Plumbing and Drainage Act 2018 ;\nthe Planning Act ;\nthe repealed Sustainable Planning Act 2009 .\ns 94F def applicable laws amd 2016 No. 27 s 265A (3) ; 2019 No. 11 s 117 ; 2018 No. 17 s 197 sch 2\ndevelopment means—\nin relation to anything done before the commencement of this definition—development as defined in the repealed Sustainable Planning Act 2009 immediately before the commencement; or\nin relation to anything done on or after the commencement of this definition—development as defined in the Planning Act from time to time.\ns 94F def development sub 2016 No. 27 s 265A (1) – (2)\nPlanning Act means the Planning Act 2016 .\ns 94F def Planning Act sub 2016 No. 27 s 265A (1) – (2)\npremises means—\na building or other structure; or\nland (whether or not a building or other structure is situated on the land).\npublic housing premises means premises that are owned, or were owned, by the State or a statutory body representing the State and to which any of the following applies—\nthe premises are used, or have been used, to provide relevant public housing;\nthe premises are approved by the chief executive to be used to provide a housing service;\nthe premises, are being used or have been used, under this Act or the repealed Act, for the provision of housing to an individual for residential use.\nrelevant public housing —\nmeans housing—\nprovided by or for the State or a statutory body representing the State; and\nfor short or long term residential use; and\nthat is totally or partly subsidised by the State or a statutory body representing the State; and\nincludes services provided for residents of the housing, if the services are totally or partly subsidised by the State or a statutory body representing the State.\ns 94F def relevant public housing sub 2016 No. 27 s 265A (1) – (2)\ns 94F ins 2016 No. 11 s 4\n- (a) the Building Act 1975 ;\n- (aa) the Economic Development Act 2012 ;\n- (b) the Integrated Planning Act 1997 ;\n- (c) the Local Government (Planning and Environment) Act 1990 ;\n- (d) the Plumbing and Drainage Act 2018 ;\n- (e) the Planning Act ;\n- (f) the repealed Sustainable Planning Act 2009 .\n- (a) in relation to anything done before the commencement of this definition—development as defined in the repealed Sustainable Planning Act 2009 immediately before the commencement; or\n- (b) in relation to anything done on or after the commencement of this definition—development as defined in the Planning Act from time to time.\n- (a) a building or other structure; or\n- (b) land (whether or not a building or other structure is situated on the land).\n- (a) the premises are used, or have been used, to provide relevant public housing;\n- (b) the premises are approved by the chief executive to be used to provide a housing service;\n- (c) the premises, are being used or have been used, under this Act or the repealed Act, for the provision of housing to an individual for residential use.\n- (a) means housing— (i) provided by or for the State or a statutory body representing the State; and (ii) for short or long term residential use; and (iii) that is totally or partly subsidised by the State or a statutory body representing the State; and\n- (i) provided by or for the State or a statutory body representing the State; and\n- (ii) for short or long term residential use; and\n- (iii) that is totally or partly subsidised by the State or a statutory body representing the State; and\n- (b) includes services provided for residents of the housing, if the services are totally or partly subsidised by the State or a statutory body representing the State.\n- (i) provided by or for the State or a statutory body representing the State; and\n- (ii) for short or long term residential use; and\n- (iii) that is totally or partly subsidised by the State or a statutory body representing the State; and","sortOrder":165},{"sectionNumber":"sec.94G","sectionType":"section","heading":"Development of public housing premises","content":"### sec.94G Development of public housing premises\n\nThis section applies to development of public housing premises carried out by the State or a statutory body representing the State before or after the commencement.\nThe development is taken to have been carried out in accordance with all applicable laws.\ns 94G ins 2016 No. 11 s 4\n(sec.94G-ssec.1) This section applies to development of public housing premises carried out by the State or a statutory body representing the State before or after the commencement.\n(sec.94G-ssec.2) The development is taken to have been carried out in accordance with all applicable laws.","sortOrder":166},{"sectionNumber":"sec.94H","sectionType":"section","heading":"Transfer of public housing premises","content":"### sec.94H Transfer of public housing premises\n\nFor the Planning Act and the Economic Development Act 2012 , the transfer of public housing premises does not result in a material change of use of the premises if the transferor is an entity that uses the premises to provide relevant public housing or a housing service.\nWithout limiting subsection (1) , the transfer may include—\na transfer, from the provider of relevant public housing, to—\nan individual; or\nan entity that provides a housing service that is not the provision of relevant public housing; or\na transfer, from an entity that provides a housing service that is not the provision of relevant public housing, to an individual.\nWithout limiting subsection (1) , an entity is taken to use premises to provide relevant public housing or a housing service if the premises are held by the entity for the purpose of providing relevant public housing or a housing service.\nSubsection (3) applies even if the premises—\nimmediately before the transfer, are not occupied by an individual as a residence; or\nhave never been occupied by an individual as a residence.\nSubsection (1) does not affect the transferee’s obligation to comply with all applicable laws for any development of the premises started on or after the transfer of the premises.\ns 94H ins 2016 No. 11 s 4\namd 2019 No. 11 s 118\n(sec.94H-ssec.1) For the Planning Act and the Economic Development Act 2012 , the transfer of public housing premises does not result in a material change of use of the premises if the transferor is an entity that uses the premises to provide relevant public housing or a housing service.\n(sec.94H-ssec.2) Without limiting subsection (1) , the transfer may include— a transfer, from the provider of relevant public housing, to— an individual; or an entity that provides a housing service that is not the provision of relevant public housing; or a transfer, from an entity that provides a housing service that is not the provision of relevant public housing, to an individual.\n(sec.94H-ssec.3) Without limiting subsection (1) , an entity is taken to use premises to provide relevant public housing or a housing service if the premises are held by the entity for the purpose of providing relevant public housing or a housing service.\n(sec.94H-ssec.4) Subsection (3) applies even if the premises— immediately before the transfer, are not occupied by an individual as a residence; or have never been occupied by an individual as a residence.\n(sec.94H-ssec.5) Subsection (1) does not affect the transferee’s obligation to comply with all applicable laws for any development of the premises started on or after the transfer of the premises.\n- (a) a transfer, from the provider of relevant public housing, to— (i) an individual; or (ii) an entity that provides a housing service that is not the provision of relevant public housing; or\n- (i) an individual; or\n- (ii) an entity that provides a housing service that is not the provision of relevant public housing; or\n- (b) a transfer, from an entity that provides a housing service that is not the provision of relevant public housing, to an individual.\n- (i) an individual; or\n- (ii) an entity that provides a housing service that is not the provision of relevant public housing; or\n- (a) immediately before the transfer, are not occupied by an individual as a residence; or\n- (b) have never been occupied by an individual as a residence.","sortOrder":167},{"sectionNumber":"pt.8-div.2C","sectionType":"division","heading":"Charitable donation deeds","content":"## Charitable donation deeds","sortOrder":168},{"sectionNumber":"sec.94I","sectionType":"section","heading":"Definitions for division","content":"### sec.94I Definitions for division\n\nIn this division—\nappropriate form , for an instrument, see the Land Title Act 1994 , schedule 2 .\ncharitable donation deed , for a lot, means a deed—\nthat is entered into by a non-profit organisation and the registered owner of the lot; and\nunder which—\nthe registered owner of the lot agrees to donate all or part of the proceeds of the sale of the lot to the non-profit organisation; and\nthe non-profit organisation agrees to use the donated proceeds only to—\nprovide, or assist an entity to provide, a social housing service in the State; or\notherwise increase, or assist an entity to increase, the supply of safe, secure, appropriate and affordable housing in the State.\nlot see the Land Title Act 1994 , schedule 2 .\nnon-profit organisation means an incorporated organisation that is—\nregistered, or is taken to be registered, as a charity under the Collections Act 1966 ; and\nprescribed by regulation for this definition.\nparty , to a charitable donation deed, includes the successors and assigns of a party to the deed who are bound by the deed.\nregistered owner , of a lot, see the Land Title Act 1994 , schedule 2 .\ns 94I ins 2023 No. 5 s 4\n- (a) that is entered into by a non-profit organisation and the registered owner of the lot; and\n- (b) under which— (i) the registered owner of the lot agrees to donate all or part of the proceeds of the sale of the lot to the non-profit organisation; and (ii) the non-profit organisation agrees to use the donated proceeds only to— (A) provide, or assist an entity to provide, a social housing service in the State; or (B) otherwise increase, or assist an entity to increase, the supply of safe, secure, appropriate and affordable housing in the State.\n- (i) the registered owner of the lot agrees to donate all or part of the proceeds of the sale of the lot to the non-profit organisation; and\n- (ii) the non-profit organisation agrees to use the donated proceeds only to— (A) provide, or assist an entity to provide, a social housing service in the State; or (B) otherwise increase, or assist an entity to increase, the supply of safe, secure, appropriate and affordable housing in the State.\n- (A) provide, or assist an entity to provide, a social housing service in the State; or\n- (B) otherwise increase, or assist an entity to increase, the supply of safe, secure, appropriate and affordable housing in the State.\n- (i) the registered owner of the lot agrees to donate all or part of the proceeds of the sale of the lot to the non-profit organisation; and\n- (ii) the non-profit organisation agrees to use the donated proceeds only to— (A) provide, or assist an entity to provide, a social housing service in the State; or (B) otherwise increase, or assist an entity to increase, the supply of safe, secure, appropriate and affordable housing in the State.\n- (A) provide, or assist an entity to provide, a social housing service in the State; or\n- (B) otherwise increase, or assist an entity to increase, the supply of safe, secure, appropriate and affordable housing in the State.\n- (A) provide, or assist an entity to provide, a social housing service in the State; or\n- (B) otherwise increase, or assist an entity to increase, the supply of safe, secure, appropriate and affordable housing in the State.\n- (a) registered, or is taken to be registered, as a charity under the Collections Act 1966 ; and\n- (b) prescribed by regulation for this definition.","sortOrder":169},{"sectionNumber":"sec.94J","sectionType":"section","heading":"When existence of charitable donation deeds must be recorded on titles","content":"### sec.94J When existence of charitable donation deeds must be recorded on titles\n\nA non-profit organisation, that is a party to a charitable donation deed for a lot, may give the registrar of titles notice of the existence of the deed in the appropriate form.\nIf given a notice under subsection (1) , the registrar of titles must record the existence of the deed in the freehold land register as an administrative advice on the indefeasible title of the lot.\nAn administrative advice recorded under this section—\nremains recorded on the indefeasible title of the lot, despite any change in the ownership of the lot, until it is removed from the freehold land register under—\nsection 94K ; or\nthe Land Title Act 1994 , section 29A ; but\ndoes not prevent a person from doing any of the following under the Land Title Act 1994 —\nregistering an interest in a lot;\nexercising the person’s rights under a registered interest;\nreleasing or surrendering a registered interest.\nThe non-profit organisation is liable for the fee payable under the Queensland Future Fund (Titles Registry) Act 2021 for depositing the administrative advice.\nIn this section—\nadministrative advice means an advice that is an administrative advice under the manual of land title practice kept under the Land Title Act 1994 , section 9A .\ns 94J ins 2023 No. 5 s 4\n(sec.94J-ssec.1) A non-profit organisation, that is a party to a charitable donation deed for a lot, may give the registrar of titles notice of the existence of the deed in the appropriate form.\n(sec.94J-ssec.2) If given a notice under subsection (1) , the registrar of titles must record the existence of the deed in the freehold land register as an administrative advice on the indefeasible title of the lot.\n(sec.94J-ssec.3) An administrative advice recorded under this section— remains recorded on the indefeasible title of the lot, despite any change in the ownership of the lot, until it is removed from the freehold land register under— section 94K ; or the Land Title Act 1994 , section 29A ; but does not prevent a person from doing any of the following under the Land Title Act 1994 — registering an interest in a lot; exercising the person’s rights under a registered interest; releasing or surrendering a registered interest.\n(sec.94J-ssec.4) The non-profit organisation is liable for the fee payable under the Queensland Future Fund (Titles Registry) Act 2021 for depositing the administrative advice.\n(sec.94J-ssec.5) In this section— administrative advice means an advice that is an administrative advice under the manual of land title practice kept under the Land Title Act 1994 , section 9A .\n- (a) remains recorded on the indefeasible title of the lot, despite any change in the ownership of the lot, until it is removed from the freehold land register under— (i) section 94K ; or (ii) the Land Title Act 1994 , section 29A ; but\n- (i) section 94K ; or\n- (ii) the Land Title Act 1994 , section 29A ; but\n- (b) does not prevent a person from doing any of the following under the Land Title Act 1994 — (i) registering an interest in a lot; (ii) exercising the person’s rights under a registered interest; (iii) releasing or surrendering a registered interest.\n- (i) registering an interest in a lot;\n- (ii) exercising the person’s rights under a registered interest;\n- (iii) releasing or surrendering a registered interest.\n- (i) section 94K ; or\n- (ii) the Land Title Act 1994 , section 29A ; but\n- (i) registering an interest in a lot;\n- (ii) exercising the person’s rights under a registered interest;\n- (iii) releasing or surrendering a registered interest.","sortOrder":170},{"sectionNumber":"sec.94K","sectionType":"section","heading":"When records of existence of charitable donation deeds must be removed from titles","content":"### sec.94K When records of existence of charitable donation deeds must be removed from titles\n\nThis section applies if—\nthe registrar of titles has recorded the existence of a charitable donation deed for a lot in the freehold land register; and\na party to the deed, or the registered owner of the lot, makes a request, in the appropriate form, that the registrar of titles remove the record of the existence of the deed from the freehold land register.\nThe registrar of titles must comply with the request.\nSee also the Land Title Act 1994 , section 29A .\ns 94K ins 2023 No. 5 s 4\n(sec.94K-ssec.1) This section applies if— the registrar of titles has recorded the existence of a charitable donation deed for a lot in the freehold land register; and a party to the deed, or the registered owner of the lot, makes a request, in the appropriate form, that the registrar of titles remove the record of the existence of the deed from the freehold land register.\n(sec.94K-ssec.2) The registrar of titles must comply with the request. See also the Land Title Act 1994 , section 29A .\n- (a) the registrar of titles has recorded the existence of a charitable donation deed for a lot in the freehold land register; and\n- (b) a party to the deed, or the registered owner of the lot, makes a request, in the appropriate form, that the registrar of titles remove the record of the existence of the deed from the freehold land register.","sortOrder":171},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":172},{"sectionNumber":"sec.95","sectionType":"section","heading":"Exemption from rating","content":"### sec.95 Exemption from rating\n\nLand that is portfolio property is not rateable land for the Local Government Act 2009 .\nSubsection (1) does not apply to—\nland that is the subject of a section 24 contract or a section 113 contract; or\nland in which a person has a share that the person bought under a section 24 contract or a section 113 contract.\nIn this section—\nsection 24 contract means a contract of sale, entered into under the repealed Act, section 24 , under which—\nthe purchasing price, other than any deposit, is payable in 2 or more instalments; or\nthe sale is of a share in a house and land.\nsection 113 contract means a contract of sale, entered into under section 113 , under which—\nthe purchasing price, other than any deposit, is payable in 2 or more instalments; or\nthe sale is of a share in a house and land.\ns 95 amd 2005 No. 33 s 7 (retro); 2009 No. 17 s 331 sch 1\n(sec.95-ssec.1) Land that is portfolio property is not rateable land for the Local Government Act 2009 .\n(sec.95-ssec.2) Subsection (1) does not apply to— land that is the subject of a section 24 contract or a section 113 contract; or land in which a person has a share that the person bought under a section 24 contract or a section 113 contract.\n(sec.95-ssec.3) In this section— section 24 contract means a contract of sale, entered into under the repealed Act, section 24 , under which— the purchasing price, other than any deposit, is payable in 2 or more instalments; or the sale is of a share in a house and land. section 113 contract means a contract of sale, entered into under section 113 , under which— the purchasing price, other than any deposit, is payable in 2 or more instalments; or the sale is of a share in a house and land.\n- (a) land that is the subject of a section 24 contract or a section 113 contract; or\n- (b) land in which a person has a share that the person bought under a section 24 contract or a section 113 contract.\n- (a) the purchasing price, other than any deposit, is payable in 2 or more instalments; or\n- (b) the sale is of a share in a house and land.\n- (a) the purchasing price, other than any deposit, is payable in 2 or more instalments; or\n- (b) the sale is of a share in a house and land.","sortOrder":173},{"sectionNumber":"sec.96","sectionType":"section","heading":"Loans to enable conduct of residential services","content":"### sec.96 Loans to enable conduct of residential services\n\nTo remove any doubt, it is declared that a reference to a loan in section 13 includes a loan to help meet the costs of building and related work carried out for the purpose of conducting a residential service under the Residential Services (Accreditation) Act 2002 .","sortOrder":174},{"sectionNumber":"sec.97","sectionType":"section","heading":"Application of Criminal Code , s 89","content":"### sec.97 Application of Criminal Code , s 89\n\nA public service employee does not commit an offence against the Criminal Code , section 89 , only because the employee enters into an agreement with the chief executive for the provision of a housing service to the employee.","sortOrder":175},{"sectionNumber":"sec.98","sectionType":"section","heading":"Acquisition of land","content":"### sec.98 Acquisition of land\n\nThe purposes of this Act are purposes for which land may be taken under the Acquisition of Land Act 1967 .","sortOrder":176},{"sectionNumber":"sec.99","sectionType":"section","heading":"Advisory committees","content":"### sec.99 Advisory committees\n\nThe Minister may establish advisory committees in order to obtain the views of government entities, individuals, community entities and other non-government entities about housing matters.","sortOrder":177},{"sectionNumber":"sec.99A","sectionType":"section","heading":"Delegation by Minister or chief executive","content":"### sec.99A Delegation by Minister or chief executive\n\nThe Minister may delegate the Minister’s functions or powers under this Act to an appropriately qualified public service employee.\nThe chief executive may delegate the chief executive’s functions or powers under this Act to an appropriately qualified person.\nA delegation of a function or power by the Minister may permit the subdelegation of the function or power to an appropriately qualified public service employee.\nA delegation of a function or power by the chief executive may permit the subdelegation, and further subdelegation, of the function or power to an appropriately qualified person.\ns 99A ins 2013 No. 5 s 51\namd 2014 No. 57 s 67\n(sec.99A-ssec.1) The Minister may delegate the Minister’s functions or powers under this Act to an appropriately qualified public service employee.\n(sec.99A-ssec.2) The chief executive may delegate the chief executive’s functions or powers under this Act to an appropriately qualified person.\n(sec.99A-ssec.3) A delegation of a function or power by the Minister may permit the subdelegation of the function or power to an appropriately qualified public service employee.\n(sec.99A-ssec.4) A delegation of a function or power by the chief executive may permit the subdelegation, and further subdelegation, of the function or power to an appropriately qualified person.","sortOrder":178},{"sectionNumber":"sec.99B","sectionType":"section","heading":"Acts applying to delegates and sub-delegates","content":"### sec.99B Acts applying to delegates and sub-delegates\n\nThis section applies to an entity, other than an individual, to whom a function or power is delegated under section 99A (2) in relation to the performance of a function or exercise of a power by the entity under this Act.\nThe Crime and Corruption Act 2001 applies to the entity as if—\nthe entity were a unit of public administration; and\nthe holder of a specified office, prescribed by regulation, of the entity were the chief executive officer of the entity; and\na person employed by the entity were a person holding an appointment in a unit of public administration.\nThe Judicial Review Act 1991 applies to the entity as if—\nthe entity were a State authority; and\na decision of an administrative character made, proposed to be made, or required to be made, by the entity or a person employed by the entity, whether or not in the exercise of a discretion, were a decision to which that Act applies.\nThe Ombudsman Act 2001 applies to the entity as if—\nthe entity were an agency; and\nthe holder of a specified office, prescribed by regulation, of the entity were the chief executive officer of the entity; and\na person employed by the entity were an officer of an agency; and\nthe Minister were the responsible Minister.\nThe Public Interest Disclosure Act 2010 applies to the entity as if—\nthe entity were a public sector entity; and\na person employed by the entity were a public officer; and\nthe holder of a specified office, prescribed by regulation, of the entity were the chief executive officer of the entity.\ns 99B ins 2014 No. 57 s 68\n(sec.99B-ssec.1) This section applies to an entity, other than an individual, to whom a function or power is delegated under section 99A (2) in relation to the performance of a function or exercise of a power by the entity under this Act.\n(sec.99B-ssec.2) The Crime and Corruption Act 2001 applies to the entity as if— the entity were a unit of public administration; and the holder of a specified office, prescribed by regulation, of the entity were the chief executive officer of the entity; and a person employed by the entity were a person holding an appointment in a unit of public administration.\n(sec.99B-ssec.3) The Judicial Review Act 1991 applies to the entity as if— the entity were a State authority; and a decision of an administrative character made, proposed to be made, or required to be made, by the entity or a person employed by the entity, whether or not in the exercise of a discretion, were a decision to which that Act applies.\n(sec.99B-ssec.4) The Ombudsman Act 2001 applies to the entity as if— the entity were an agency; and the holder of a specified office, prescribed by regulation, of the entity were the chief executive officer of the entity; and a person employed by the entity were an officer of an agency; and the Minister were the responsible Minister.\n(sec.99B-ssec.5) The Public Interest Disclosure Act 2010 applies to the entity as if— the entity were a public sector entity; and a person employed by the entity were a public officer; and the holder of a specified office, prescribed by regulation, of the entity were the chief executive officer of the entity.\n- (a) the entity were a unit of public administration; and\n- (b) the holder of a specified office, prescribed by regulation, of the entity were the chief executive officer of the entity; and\n- (c) a person employed by the entity were a person holding an appointment in a unit of public administration.\n- (a) the entity were a State authority; and\n- (b) a decision of an administrative character made, proposed to be made, or required to be made, by the entity or a person employed by the entity, whether or not in the exercise of a discretion, were a decision to which that Act applies.\n- (a) the entity were an agency; and\n- (b) the holder of a specified office, prescribed by regulation, of the entity were the chief executive officer of the entity; and\n- (c) a person employed by the entity were an officer of an agency; and\n- (d) the Minister were the responsible Minister.\n- (a) the entity were a public sector entity; and\n- (b) a person employed by the entity were a public officer; and\n- (c) the holder of a specified office, prescribed by regulation, of the entity were the chief executive officer of the entity.","sortOrder":179},{"sectionNumber":"sec.100","sectionType":"section","heading":"Approved forms","content":"### sec.100 Approved forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":180},{"sectionNumber":"sec.101","sectionType":"section","heading":"Regulation-making power","content":"### sec.101 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made about the following—\nhousing service decisions made by the chief executive or a registered provider;\nfees;\ninterest rates;\nprescribing an entity that is not a local government or a national entity to be a prescribed state provider;\nprescribing a person, or a class of persons, to whom a function or power of the registrar that relates to the national registrar may be delegated;\nprescribing, for section 37H , a person to whom, or entity to which, a registered provider may transfer a community housing asset;\nprescribing an asset, or a class of assets, as a national community housing asset or a state community housing asset.\nA regulation may provide for a maximum penalty of not more than 20 penalty units for a contravention of a regulation.\ns 101 amd 2013 No. 5 s 52\n(sec.101-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.101-ssec.2) A regulation may be made about the following— housing service decisions made by the chief executive or a registered provider; fees; interest rates; prescribing an entity that is not a local government or a national entity to be a prescribed state provider; prescribing a person, or a class of persons, to whom a function or power of the registrar that relates to the national registrar may be delegated; prescribing, for section 37H , a person to whom, or entity to which, a registered provider may transfer a community housing asset; prescribing an asset, or a class of assets, as a national community housing asset or a state community housing asset.\n(sec.101-ssec.3) A regulation may provide for a maximum penalty of not more than 20 penalty units for a contravention of a regulation.\n- (a) housing service decisions made by the chief executive or a registered provider;\n- (b) fees;\n- (c) interest rates;\n- (d) prescribing an entity that is not a local government or a national entity to be a prescribed state provider;\n- (e) prescribing a person, or a class of persons, to whom a function or power of the registrar that relates to the national registrar may be delegated;\n- (f) prescribing, for section 37H , a person to whom, or entity to which, a registered provider may transfer a community housing asset;\n- (g) prescribing an asset, or a class of assets, as a national community housing asset or a state community housing asset.","sortOrder":181},{"sectionNumber":"pt.9","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":182},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":183},{"sectionNumber":"sec.102","sectionType":"section","heading":"Application of div 1","content":"### sec.102 Application of div 1\n\nThis division applies to a proceeding under this Act.","sortOrder":184},{"sectionNumber":"sec.103","sectionType":"section","heading":"Appointments and authority","content":"### sec.103 Appointments and authority\n\nIt is not necessary to prove the appointment of the chief executive or an authorised officer, or the authority of the chief executive or an authorised officer to do anything under this Act, unless a party, by reasonable notice, requires proof of the appointment or authority.","sortOrder":185},{"sectionNumber":"sec.104","sectionType":"section","heading":"Signatures","content":"### sec.104 Signatures\n\nA signature purporting to be the signature of the chief executive or an authorised officer is evidence of the signature it purports to be.","sortOrder":186},{"sectionNumber":"sec.105","sectionType":"section","heading":"Other evidentiary aids","content":"### sec.105 Other evidentiary aids\n\nA certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter—\na stated document is one of the following things made, given, issued or kept under this Act—\nan appointment, approval or decision;\na notice, direction or requirement;\nthe register or an extract from the register;\na stated document is a copy of a document mentioned in paragraph (a) ;\non a stated day, or during a stated period, an appointment as an authorised officer was, or was not, in force for a stated person;\non a stated day, a stated person was given a stated notice or direction under this Act;\non a stated day, a stated requirement was made of a stated person.\nA certificate purporting to be signed by an approved provider stating any of the following matters is evidence of the matter—\na stated document is one of the following things made, given or issued under this Act—\nan appointment, approval or decision;\na notice, direction or requirement;\na stated document is a copy of a document mentioned in paragraph (a) ;\non a stated day, a stated person was given a stated notice or direction under this Act;\non a stated day, a stated requirement was made of a stated person.\ns 105 amd 2014 No. 57 s 69\n(sec.105-ssec.1) A certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter— a stated document is one of the following things made, given, issued or kept under this Act— an appointment, approval or decision; a notice, direction or requirement; the register or an extract from the register; a stated document is a copy of a document mentioned in paragraph (a) ; on a stated day, or during a stated period, an appointment as an authorised officer was, or was not, in force for a stated person; on a stated day, a stated person was given a stated notice or direction under this Act; on a stated day, a stated requirement was made of a stated person.\n(sec.105-ssec.2) A certificate purporting to be signed by an approved provider stating any of the following matters is evidence of the matter— a stated document is one of the following things made, given or issued under this Act— an appointment, approval or decision; a notice, direction or requirement; a stated document is a copy of a document mentioned in paragraph (a) ; on a stated day, a stated person was given a stated notice or direction under this Act; on a stated day, a stated requirement was made of a stated person.\n- (a) a stated document is one of the following things made, given, issued or kept under this Act— (i) an appointment, approval or decision; (ii) a notice, direction or requirement; (iii) the register or an extract from the register;\n- (i) an appointment, approval or decision;\n- (ii) a notice, direction or requirement;\n- (iii) the register or an extract from the register;\n- (b) a stated document is a copy of a document mentioned in paragraph (a) ;\n- (c) on a stated day, or during a stated period, an appointment as an authorised officer was, or was not, in force for a stated person;\n- (d) on a stated day, a stated person was given a stated notice or direction under this Act;\n- (e) on a stated day, a stated requirement was made of a stated person.\n- (i) an appointment, approval or decision;\n- (ii) a notice, direction or requirement;\n- (iii) the register or an extract from the register;\n- (a) a stated document is one of the following things made, given or issued under this Act— (i) an appointment, approval or decision; (ii) a notice, direction or requirement;\n- (i) an appointment, approval or decision;\n- (ii) a notice, direction or requirement;\n- (b) a stated document is a copy of a document mentioned in paragraph (a) ;\n- (c) on a stated day, a stated person was given a stated notice or direction under this Act;\n- (d) on a stated day, a stated requirement was made of a stated person.\n- (i) an appointment, approval or decision;\n- (ii) a notice, direction or requirement;","sortOrder":187},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Offence proceedings","content":"## Offence proceedings","sortOrder":188},{"sectionNumber":"sec.106","sectionType":"section","heading":"Summary proceedings for offences","content":"### sec.106 Summary proceedings for offences\n\nA proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\nThe proceeding must start within the later of the following periods to end—\n1 year after the commission of the offence;\n6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n(sec.106-ssec.1) A proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\n(sec.106-ssec.2) The proceeding must start within the later of the following periods to end— 1 year after the commission of the offence; 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) 1 year after the commission of the offence;\n- (b) 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":189},{"sectionNumber":"sec.107","sectionType":"section","heading":"Statement of complainant’s knowledge","content":"### sec.107 Statement of complainant’s knowledge\n\nIn a complaint starting a proceeding for an offence against this Act, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.","sortOrder":190},{"sectionNumber":"sec.108","sectionType":"section","heading":"False or misleading information or statements","content":"### sec.108 False or misleading information or statements\n\nIn a proceeding for an offence against this Act defined as involving false or misleading information, or a false or misleading statement, it is enough for a charge to state that the information or statement was, without specifying which, ‘false or misleading’.","sortOrder":191},{"sectionNumber":"pt.10","sectionType":"part","heading":"Repeal, savings and transitional provisions","content":"# Repeal, savings and transitional provisions","sortOrder":192},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Repeal of State Housing Act 1945","content":"## Repeal of State Housing Act 1945","sortOrder":193},{"sectionNumber":"sec.110","sectionType":"section","heading":"Repeal","content":"### sec.110 Repeal\n\nThe State Housing Act 1945 9 Geo 6 No. 24 is repealed.","sortOrder":194},{"sectionNumber":"pt.10-div.3","sectionType":"division","heading":"Saved provisions from repealed Act","content":"## Saved provisions from repealed Act","sortOrder":195},{"sectionNumber":"sec.111","sectionType":"section","heading":"Explanation","content":"### sec.111 Explanation\n\nThis division contains certain provisions relocated from the repealed Act.","sortOrder":196},{"sectionNumber":"sec.112","sectionType":"section","heading":"Provision of land for industry, trade or business","content":"### sec.112 Provision of land for industry, trade or business\n\nIf the chief executive is satisfied it is desirable to make land vested in the chief executive under this Act available to a person or body corporate for any purpose of or connected with the establishment or carrying on by him, her or it of an industry, trade, or business, including but without limit to the foregoing provisions of this subsection the provision of housing for his, her or its employees, the chief executive may set apart the land for the purposes of this section.\nIf land is set apart under subsection (1), then, subject to this subsection, the Governor in Council may, in the name of Her Majesty, demise by a lease in perpetuity or for a term of years that land to the person or body corporate to whom or which the chief executive is satisfied it is desirable to make that land available.\nThe capital value of land demised under subsection (2) shall be such sum as the Governor in Council upon the recommendation of the chief executive shall fix.\nThe Land Act 1994 applies, with all necessary changes, to a lease under subsection (2), except that—\nany provision of that Act which is inconsistent with a provision of subsection (2) to the extent of such inconsistency shall not so apply; and\nall coal, petroleum, helium, and minerals are hereby expressly declared to remain the property of the Crown; and\nall rents payable in respect of lands so demised shall be paid to the chief executive; and\nthe lease may be granted subject to such covenants binding upon the lessee (with liability to forfeiture of the lease for a breach thereof) as the Governor in Council deems necessary to secure the performance by the lessee of the purpose for which the land was made available to the lessee.\nFor subsection (2B), the Land Act 1994 applies to a lease under subsection (2) as if a reference in that Act to the Minister were a reference to the Minister administering this Act.\nSubject to this section, each rental period of a lease demised pursuant to subsection (2) shall be 1 year.\nThe first rental period of a lease demised after 31 December 1983 shall be from the date of the grant of the lease to 30 June next occurring after the expiration of 12 months from the date of grant.\nFor each rental period of 1 year (other than the first rental period of a lease) commencing after 31 December 1983, the annual rental shall be a sum equal to—\nthe prescribed percentage of the unimproved value of the land the subject of the lease at the date of commencement of the period in question; or\n$30;\nwhichever is the greater.\nFor a rental period mentioned in subsection (3A), the rental shall be an amount that bears to the amount that would have been the rental had the period been a rental period referred to in subsection (4) the same proportion that the actual rental period expressed in weeks (in which expression a part of a week shall be taken to be a whole week) bears to 52.\nFor the purposes of subsection (4) the unimproved value of land shall be—\nin respect of the first rental period of a lease—the capital value of the land demised fixed pursuant to subsection (2A);\nin the case where a valuation of the unimproved value of the land made by the chief executive (valuations) under the Valuation of Land Act 1944 is in force at the date of commencement of the rental period in question—the amount of that valuation or that amount as varied by the Land Court, on appeal by the lessee;\nin any other case—the amount that the Governor in Council determines in the particular case to be the unimproved value of the land.\nIn this section—\nchief executive (valuations) means the chief executive of the department in which the Valuation of Land Act 1944 is administered.\nprescribed percentage means—\nif a percentage is prescribed under a regulation for this definition and is effective at the date of commencement of the relevant rental period—that percentage; or\notherwise—10%.\ns 112 (prev 1945 9 Geo 6 No. 24 s 22B) reloc 2003 No. 52 s 109 sch 1\namd 2006 No. 7 s 32\n(sec.112-ssec.1) If the chief executive is satisfied it is desirable to make land vested in the chief executive under this Act available to a person or body corporate for any purpose of or connected with the establishment or carrying on by him, her or it of an industry, trade, or business, including but without limit to the foregoing provisions of this subsection the provision of housing for his, her or its employees, the chief executive may set apart the land for the purposes of this section.\n(sec.112-ssec.2) If land is set apart under subsection (1), then, subject to this subsection, the Governor in Council may, in the name of Her Majesty, demise by a lease in perpetuity or for a term of years that land to the person or body corporate to whom or which the chief executive is satisfied it is desirable to make that land available.\n(sec.112-ssec.2A) The capital value of land demised under subsection (2) shall be such sum as the Governor in Council upon the recommendation of the chief executive shall fix.\n(sec.112-ssec.2B) The Land Act 1994 applies, with all necessary changes, to a lease under subsection (2), except that— any provision of that Act which is inconsistent with a provision of subsection (2) to the extent of such inconsistency shall not so apply; and all coal, petroleum, helium, and minerals are hereby expressly declared to remain the property of the Crown; and all rents payable in respect of lands so demised shall be paid to the chief executive; and the lease may be granted subject to such covenants binding upon the lessee (with liability to forfeiture of the lease for a breach thereof) as the Governor in Council deems necessary to secure the performance by the lessee of the purpose for which the land was made available to the lessee.\n(sec.112-ssec.2C) For subsection (2B), the Land Act 1994 applies to a lease under subsection (2) as if a reference in that Act to the Minister were a reference to the Minister administering this Act.\n(sec.112-ssec.3) Subject to this section, each rental period of a lease demised pursuant to subsection (2) shall be 1 year.\n(sec.112-ssec.3A) The first rental period of a lease demised after 31 December 1983 shall be from the date of the grant of the lease to 30 June next occurring after the expiration of 12 months from the date of grant.\n(sec.112-ssec.4) For each rental period of 1 year (other than the first rental period of a lease) commencing after 31 December 1983, the annual rental shall be a sum equal to— the prescribed percentage of the unimproved value of the land the subject of the lease at the date of commencement of the period in question; or $30; whichever is the greater.\n(sec.112-ssec.7) For a rental period mentioned in subsection (3A), the rental shall be an amount that bears to the amount that would have been the rental had the period been a rental period referred to in subsection (4) the same proportion that the actual rental period expressed in weeks (in which expression a part of a week shall be taken to be a whole week) bears to 52.\n(sec.112-ssec.8) For the purposes of subsection (4) the unimproved value of land shall be— in respect of the first rental period of a lease—the capital value of the land demised fixed pursuant to subsection (2A); in the case where a valuation of the unimproved value of the land made by the chief executive (valuations) under the Valuation of Land Act 1944 is in force at the date of commencement of the rental period in question—the amount of that valuation or that amount as varied by the Land Court, on appeal by the lessee; in any other case—the amount that the Governor in Council determines in the particular case to be the unimproved value of the land.\n(sec.112-ssec.10) In this section— chief executive (valuations) means the chief executive of the department in which the Valuation of Land Act 1944 is administered. prescribed percentage means— if a percentage is prescribed under a regulation for this definition and is effective at the date of commencement of the relevant rental period—that percentage; or otherwise—10%.\n- (a) any provision of that Act which is inconsistent with a provision of subsection (2) to the extent of such inconsistency shall not so apply; and\n- (b) all coal, petroleum, helium, and minerals are hereby expressly declared to remain the property of the Crown; and\n- (c) all rents payable in respect of lands so demised shall be paid to the chief executive; and\n- (d) the lease may be granted subject to such covenants binding upon the lessee (with liability to forfeiture of the lease for a breach thereof) as the Governor in Council deems necessary to secure the performance by the lessee of the purpose for which the land was made available to the lessee.\n- (a) the prescribed percentage of the unimproved value of the land the subject of the lease at the date of commencement of the period in question; or\n- (b) $30;\n- (a) in respect of the first rental period of a lease—the capital value of the land demised fixed pursuant to subsection (2A);\n- (b) in the case where a valuation of the unimproved value of the land made by the chief executive (valuations) under the Valuation of Land Act 1944 is in force at the date of commencement of the rental period in question—the amount of that valuation or that amount as varied by the Land Court, on appeal by the lessee;\n- (c) in any other case—the amount that the Governor in Council determines in the particular case to be the unimproved value of the land.\n- (a) if a percentage is prescribed under a regulation for this definition and is effective at the date of commencement of the relevant rental period—that percentage; or\n- (b) otherwise—10%.","sortOrder":197},{"sectionNumber":"sec.113","sectionType":"section","heading":"Chief executive’s power to sell houses to eligible persons","content":"### sec.113 Chief executive’s power to sell houses to eligible persons\n\nThe chief executive may sell to a person a house and land which has been or is being acquired by the chief executive or a house erected, or in the course of erection, or to be erected in pursuance of this Act.\nWhere the fee simple of the land whereon the house is erected, or in the course of erection, or to be erected is vested in the chief executive, the chief executive shall sell the land for that estate together with the dwelling house.\nWhere—\nthe chief executive acquires a house and land pursuant to this Act and is or becomes the registered proprietor of that land;\nthe fee simple of the land whereon a house is erected or in the course of erection, or to be erected pursuant to this Act is vested in the chief executive;\nthe power conferred on the chief executive by subsections (1) and (1AA) includes the power to sell a share in the house and land and any reference to ‘house’, ‘dwelling house’ and ‘land’ in this section or other section applicable or which becomes applicable subsequent to the sale of a house, dwelling house, or land shall be read and construed to include a share of a house, dwelling house or land.\nA house shall not be sold under this section to any person unless the chief executive is satisfied that—\nthe house is intended to be used by the person as the person’s home and for no other purpose; and\nexcept in circumstances approved by the chief executive, neither the person, nor the spouse (if any) of that person, is the owner of any other house in Queensland or elsewhere.\nA sale under this section must be on terms acceptable to the chief executive.\nSubject to subsections (3B) and (3D), the purchasing price shall be agreed upon between the chief executive and the purchaser.\nIn determining the purchasing price to which it will agree, the chief executive shall have regard to the improved value of the land appurtenant to the house, namely, the capital sum the land might be expected to realise if offered for sale for an estate in fee simple on such reasonable terms and conditions as a bona fide seller would require having regard to the added value given to the land by the house and other improvements (if any) at the time as at which the contract of sale is entered into, irrespective of the cost of the house and other improvements (if any).\nIn the case of a sale of a house in the course of erection, or a house to be erected, the chief executive may agree to sell at a price to be determined according to the provisions of subsections (3A) and (3B) upon the completion of erection, and may in such case further agree that the price to be so determined shall not exceed a specified sum.\nThe purchaser must pay interest on the balance of the purchasing price at a rate determined by the chief executive.\nThe purchaser must make monthly payments to the chief executive of—\nthe balance of the purchasing price payable; and\ninterest payable under subsection (3E).\nThe amount of a monthly payment under subsection (3EA)(a) and (b) is the amount decided by the chief executive.\nThe provisions of the Commonwealth and State Housing Agreement and State Housing Act and Another Act Amendment Act 1978 , section 10 (a) shall not apply to any contract of sale entered into pursuant to this section application for which was received by the commission before the commencement of that Act nor to advances made by the commission pursuant to subsection (7) where the relevant contract was entered into before such commencement.\nThe costs and expenses (if any) of any transfer, mortgage or release executed under this section shall be borne by the purchaser.\ns 113 (prev 1945 9 Geo 6 No. 24 s 24) reloc 2003 No. 52 s 109 sch 1\namd 2005 No. 33 s 8 (1) – (3) , (4) (retro), (5); 2005 No. 46 s 4\n(sec.113-ssec.1) The chief executive may sell to a person a house and land which has been or is being acquired by the chief executive or a house erected, or in the course of erection, or to be erected in pursuance of this Act.\n(sec.113-ssec.1AA) Where the fee simple of the land whereon the house is erected, or in the course of erection, or to be erected is vested in the chief executive, the chief executive shall sell the land for that estate together with the dwelling house.\n(sec.113-ssec.1A) Where— the chief executive acquires a house and land pursuant to this Act and is or becomes the registered proprietor of that land; the fee simple of the land whereon a house is erected or in the course of erection, or to be erected pursuant to this Act is vested in the chief executive; the power conferred on the chief executive by subsections (1) and (1AA) includes the power to sell a share in the house and land and any reference to ‘house’, ‘dwelling house’ and ‘land’ in this section or other section applicable or which becomes applicable subsequent to the sale of a house, dwelling house, or land shall be read and construed to include a share of a house, dwelling house or land.\n(sec.113-ssec.2) A house shall not be sold under this section to any person unless the chief executive is satisfied that— the house is intended to be used by the person as the person’s home and for no other purpose; and except in circumstances approved by the chief executive, neither the person, nor the spouse (if any) of that person, is the owner of any other house in Queensland or elsewhere.\n(sec.113-ssec.3) A sale under this section must be on terms acceptable to the chief executive.\n(sec.113-ssec.3A) Subject to subsections (3B) and (3D), the purchasing price shall be agreed upon between the chief executive and the purchaser.\n(sec.113-ssec.3B) In determining the purchasing price to which it will agree, the chief executive shall have regard to the improved value of the land appurtenant to the house, namely, the capital sum the land might be expected to realise if offered for sale for an estate in fee simple on such reasonable terms and conditions as a bona fide seller would require having regard to the added value given to the land by the house and other improvements (if any) at the time as at which the contract of sale is entered into, irrespective of the cost of the house and other improvements (if any).\n(sec.113-ssec.3D) In the case of a sale of a house in the course of erection, or a house to be erected, the chief executive may agree to sell at a price to be determined according to the provisions of subsections (3A) and (3B) upon the completion of erection, and may in such case further agree that the price to be so determined shall not exceed a specified sum.\n(sec.113-ssec.3E) The purchaser must pay interest on the balance of the purchasing price at a rate determined by the chief executive.\n(sec.113-ssec.3EA) The purchaser must make monthly payments to the chief executive of— the balance of the purchasing price payable; and interest payable under subsection (3E).\n(sec.113-ssec.3EB) The amount of a monthly payment under subsection (3EA)(a) and (b) is the amount decided by the chief executive.\n(sec.113-ssec.3F) The provisions of the Commonwealth and State Housing Agreement and State Housing Act and Another Act Amendment Act 1978 , section 10 (a) shall not apply to any contract of sale entered into pursuant to this section application for which was received by the commission before the commencement of that Act nor to advances made by the commission pursuant to subsection (7) where the relevant contract was entered into before such commencement.\n(sec.113-ssec.5) The costs and expenses (if any) of any transfer, mortgage or release executed under this section shall be borne by the purchaser.\n- (a) the chief executive acquires a house and land pursuant to this Act and is or becomes the registered proprietor of that land;\n- (b) the fee simple of the land whereon a house is erected or in the course of erection, or to be erected pursuant to this Act is vested in the chief executive;\n- (a) the house is intended to be used by the person as the person’s home and for no other purpose; and\n- (b) except in circumstances approved by the chief executive, neither the person, nor the spouse (if any) of that person, is the owner of any other house in Queensland or elsewhere.\n- (a) the balance of the purchasing price payable; and\n- (b) interest payable under subsection (3E).","sortOrder":198},{"sectionNumber":"pt.10-div.4","sectionType":"division","heading":"Other savings and transitional provisions","content":"## Other savings and transitional provisions","sortOrder":199},{"sectionNumber":"sec.114","sectionType":"section","heading":"Definitions for div 4","content":"### sec.114 Definitions for div 4\n\nIn this division—\ncommencement day , in relation to a provision of this part, means the day the provision commences.\ncommission means the Queensland Housing Commission under the repealed Act.\nloan includes advance.","sortOrder":200},{"sectionNumber":"sec.115","sectionType":"section","heading":"References to repealed Act","content":"### sec.115 References to repealed Act\n\nIn an Act or document, a reference to the repealed Act may, if the context permits, be taken as a reference to this Act.","sortOrder":201},{"sectionNumber":"sec.116","sectionType":"section","heading":"Dissolution of the commission","content":"### sec.116 Dissolution of the commission\n\nThe commission is dissolved.","sortOrder":202},{"sectionNumber":"sec.117","sectionType":"section","heading":"State is the legal successor","content":"### sec.117 State is the legal successor\n\nThe State is the commission’s successor in law.\nSubsection (1) is not limited by another section of this division.\n(sec.117-ssec.1) The State is the commission’s successor in law.\n(sec.117-ssec.2) Subsection (1) is not limited by another section of this division.","sortOrder":203},{"sectionNumber":"sec.118","sectionType":"section","heading":"References to commission","content":"### sec.118 References to commission\n\nIn an Act or document, a reference to the commission may, if the context permits, be taken as a reference to the State.","sortOrder":204},{"sectionNumber":"sec.119","sectionType":"section","heading":"Commission’s assets and liabilities","content":"### sec.119 Commission’s assets and liabilities\n\nOn the commencement day, the commission’s assets and liabilities immediately before the commencement day become the State’s assets and liabilities.\nThe registrar of titles or other person responsible for keeping a register for dealings in property must acknowledge the vesting under this section without a requirement to record the change in the owner, and any dealing in the assets and liabilities on or after the commencement day may be signed by the chief executive.\nSubsection (2) applies even though a relevant document of title is not produced to the registrar of titles or other person.\n(sec.119-ssec.1) On the commencement day, the commission’s assets and liabilities immediately before the commencement day become the State’s assets and liabilities.\n(sec.119-ssec.2) The registrar of titles or other person responsible for keeping a register for dealings in property must acknowledge the vesting under this section without a requirement to record the change in the owner, and any dealing in the assets and liabilities on or after the commencement day may be signed by the chief executive.\n(sec.119-ssec.3) Subsection (2) applies even though a relevant document of title is not produced to the registrar of titles or other person.","sortOrder":205},{"sectionNumber":"sec.120","sectionType":"section","heading":"Waiver of amounts owed","content":"### sec.120 Waiver of amounts owed\n\nA reference in section 14 to an amount owed to the chief executive arising out of, or relating to, the chief executive’s provision of a housing service includes an amount that—\nis owed to the State; and\nimmediately before the commencement day, was an amount owed to the commission arising out of, or relating to, the commission’s provision of a housing service.\n- (a) is owed to the State; and\n- (b) immediately before the commencement day, was an amount owed to the commission arising out of, or relating to, the commission’s provision of a housing service.","sortOrder":206},{"sectionNumber":"sec.121","sectionType":"section","heading":"Lower interest rate","content":"### sec.121 Lower interest rate\n\nA reference in section 93 to an owner-occupied home loan made by the chief executive includes an owner-occupied home loan owed to the State that was made by the commission before the commencement day.","sortOrder":207},{"sectionNumber":"sec.122","sectionType":"section","heading":"Officers and employees of the commission","content":"### sec.122 Officers and employees of the commission\n\nThis section applies to a person who, immediately before the commencement day, was a public service employee employed as an officer or employee of the commission.\nOn the commencement day, the person becomes a public service employee in the department.\nOtherwise, the person’s employment and all rights, entitlements and obligations related to the employment are unaffected by the enactment of this Act.\n(sec.122-ssec.1) This section applies to a person who, immediately before the commencement day, was a public service employee employed as an officer or employee of the commission.\n(sec.122-ssec.2) On the commencement day, the person becomes a public service employee in the department.\n(sec.122-ssec.3) Otherwise, the person’s employment and all rights, entitlements and obligations related to the employment are unaffected by the enactment of this Act.","sortOrder":208},{"sectionNumber":"sec.123","sectionType":"section","heading":"Agreement with the commission","content":"### sec.123 Agreement with the commission\n\nThis section applies to an agreement, in force immediately before the commencement day, to which the commission was a party.\nOn the commencement day, the State becomes a party to the agreement in place of the commission.\nIn this section—\nagreement includes a contract of sale, lease, tenancy agreement, loan agreement and mortgage agreement.\n(sec.123-ssec.1) This section applies to an agreement, in force immediately before the commencement day, to which the commission was a party.\n(sec.123-ssec.2) On the commencement day, the State becomes a party to the agreement in place of the commission.\n(sec.123-ssec.3) In this section— agreement includes a contract of sale, lease, tenancy agreement, loan agreement and mortgage agreement.","sortOrder":209},{"sectionNumber":"sec.124","sectionType":"section","heading":"Proceeding to which the commission was a party","content":"### sec.124 Proceeding to which the commission was a party\n\nThis section applies to a proceeding that, immediately before the commencement day, had not ended and to which the commission was a party.\nOn the commencement day, the State becomes a party to the proceeding in place of the commission.\n(sec.124-ssec.1) This section applies to a proceeding that, immediately before the commencement day, had not ended and to which the commission was a party.\n(sec.124-ssec.2) On the commencement day, the State becomes a party to the proceeding in place of the commission.","sortOrder":210},{"sectionNumber":"sec.125","sectionType":"section","heading":"Proceeding not yet started by or against the commission","content":"### sec.125 Proceeding not yet started by or against the commission\n\nThis section applies if, immediately before the commencement day, a proceeding could have been started by or against the commission.\nThe proceeding may be started by or against the State.\n(sec.125-ssec.1) This section applies if, immediately before the commencement day, a proceeding could have been started by or against the commission.\n(sec.125-ssec.2) The proceeding may be started by or against the State.","sortOrder":211},{"sectionNumber":"sec.126","sectionType":"section","heading":"Application to the commission","content":"### sec.126 Application to the commission\n\nThis section applies to an application made to the commission under the repealed Act that, immediately before the commencement day, had not been finally dealt with.\nTo the extent the application relates to a matter that the chief executive may deal with under this Act, the chief executive may deal with the application as if it had been made to the chief executive.\n(sec.126-ssec.1) This section applies to an application made to the commission under the repealed Act that, immediately before the commencement day, had not been finally dealt with.\n(sec.126-ssec.2) To the extent the application relates to a matter that the chief executive may deal with under this Act, the chief executive may deal with the application as if it had been made to the chief executive.","sortOrder":212},{"sectionNumber":"sec.127","sectionType":"section","heading":"Registration of entity that is a party to a continuing agreement","content":"### sec.127 Registration of entity that is a party to a continuing agreement\n\nThis section applies to an entity mentioned in section 21 that, on the commencement day, is a party to a continuing agreement.\nAt any time while the continuing agreement is current, the chief executive may register the entity, even though the entity has not applied for registration under section 28.\nThe chief executive can no longer register an entity under this provision—see section 169.\nIn deciding whether to register the entity, the chief executive must have regard to—\nthe time for which the continuing agreement will remain current; and\nthe nature and extent of the assistance that has been, or is proposed to be, provided to the entity under the continuing agreement; and\nwhether the entity has complied or is complying with the continuing agreement; and\nthe matters stated in section 28(4).\nBefore registering the entity, the chief executive must give it a notice—\nstating that the chief executive proposes to register it; and\ninviting it to give a written response within a stated time of at least 14 days.\nThe chief executive must consider any written response received from the entity within the stated time before deciding whether to proceed with the registration.\nImmediately after deciding whether or not to register the entity, the chief executive must give the entity notice of the decision.\nOn registration of the entity—\neach continuing agreement with the entity that is current at the time of registration is an assistance agreement for this Act; and\na housing service provided by the entity using assistance from the chief executive under an assistance agreement is a funded service.\nThis section does not limit the application of part 4.\nIf the chief executive decides not to register an entity under this section, the entity may apply for registration under section 28.\nUnder section 29, the registration of an entity remains in force unless it is cancelled under part 4.\nIf the chief executive registers an entity under this section, the entity may apply under section 30 for cancellation of the registration.\nIn this section—\ncontinuing agreement means an agreement—\nentered into, between the commission and an entity mentioned in section 21, on or after 1 January 1996; and\nthat was current immediately before the commencement day.\ns 127 amd 2013 No. 5 s 53\n(sec.127-ssec.1) This section applies to an entity mentioned in section 21 that, on the commencement day, is a party to a continuing agreement.\n(sec.127-ssec.2) At any time while the continuing agreement is current, the chief executive may register the entity, even though the entity has not applied for registration under section 28. The chief executive can no longer register an entity under this provision—see section 169.\n(sec.127-ssec.3) In deciding whether to register the entity, the chief executive must have regard to— the time for which the continuing agreement will remain current; and the nature and extent of the assistance that has been, or is proposed to be, provided to the entity under the continuing agreement; and whether the entity has complied or is complying with the continuing agreement; and the matters stated in section 28(4).\n(sec.127-ssec.4) Before registering the entity, the chief executive must give it a notice— stating that the chief executive proposes to register it; and inviting it to give a written response within a stated time of at least 14 days.\n(sec.127-ssec.5) The chief executive must consider any written response received from the entity within the stated time before deciding whether to proceed with the registration.\n(sec.127-ssec.6) Immediately after deciding whether or not to register the entity, the chief executive must give the entity notice of the decision.\n(sec.127-ssec.7) On registration of the entity— each continuing agreement with the entity that is current at the time of registration is an assistance agreement for this Act; and a housing service provided by the entity using assistance from the chief executive under an assistance agreement is a funded service.\n(sec.127-ssec.8) This section does not limit the application of part 4. If the chief executive decides not to register an entity under this section, the entity may apply for registration under section 28. Under section 29, the registration of an entity remains in force unless it is cancelled under part 4. If the chief executive registers an entity under this section, the entity may apply under section 30 for cancellation of the registration.\n(sec.127-ssec.9) In this section— continuing agreement means an agreement— entered into, between the commission and an entity mentioned in section 21, on or after 1 January 1996; and that was current immediately before the commencement day.\n- (a) the time for which the continuing agreement will remain current; and\n- (b) the nature and extent of the assistance that has been, or is proposed to be, provided to the entity under the continuing agreement; and\n- (c) whether the entity has complied or is complying with the continuing agreement; and\n- (d) the matters stated in section 28(4).\n- (a) stating that the chief executive proposes to register it; and\n- (b) inviting it to give a written response within a stated time of at least 14 days.\n- (a) each continuing agreement with the entity that is current at the time of registration is an assistance agreement for this Act; and\n- (b) a housing service provided by the entity using assistance from the chief executive under an assistance agreement is a funded service.\n- 1 If the chief executive decides not to register an entity under this section, the entity may apply for registration under section 28.\n- 2 Under section 29, the registration of an entity remains in force unless it is cancelled under part 4.\n- 3 If the chief executive registers an entity under this section, the entity may apply under section 30 for cancellation of the registration.\n- (a) entered into, between the commission and an entity mentioned in section 21, on or after 1 January 1996; and\n- (b) that was current immediately before the commencement day.","sortOrder":213},{"sectionNumber":"sec.128","sectionType":"section","heading":"Land set apart under the repealed Act, s 18","content":"### sec.128 Land set apart under the repealed Act, s 18\n\nThis section applies to a notification made under the repealed Act, section 18(3), on or before 23 December 1996, that was in force immediately before the commencement day.\nThe notification continues in force.\nA reference in the notification to land being set apart to be used for the purposes of the repealed Act is taken to be a reference to the land being set apart to be used for the purposes of this Act.\nSubsection (3) is not a further setting apart of the land.\nThe Governor in Council may, by gazette notice—\nrepeal the notification to wholly revoke the setting apart of the land for use for the purposes of this Act; or\namend the notification, including to partly revoke the setting apart of the land for use for the purposes of this Act.\nThe chief executive may, as agent of the State, apply under the Land Act 1994 for land to which the notification applies to be—\ngranted in fee simple; or\nleased for a term of years or in perpetuity.\nFor dealing with an application mentioned in subsection (6) under the Land Act 1994 —\nsection 16 of that Act does not apply; and\na deed of grant or lease may be granted without competition.\nThe registration of a deed of grant under the Land Title Act 1994 , or registration of a lease under the Land Act 1994 , for land to which the notification applies revokes the notification to the extent it sets apart that land for use for the purposes of this Act.\ns 128 amd 2007 No. 47 s 90C\n(sec.128-ssec.1) This section applies to a notification made under the repealed Act, section 18(3), on or before 23 December 1996, that was in force immediately before the commencement day.\n(sec.128-ssec.2) The notification continues in force.\n(sec.128-ssec.3) A reference in the notification to land being set apart to be used for the purposes of the repealed Act is taken to be a reference to the land being set apart to be used for the purposes of this Act.\n(sec.128-ssec.4) Subsection (3) is not a further setting apart of the land.\n(sec.128-ssec.5) The Governor in Council may, by gazette notice— repeal the notification to wholly revoke the setting apart of the land for use for the purposes of this Act; or amend the notification, including to partly revoke the setting apart of the land for use for the purposes of this Act.\n(sec.128-ssec.6) The chief executive may, as agent of the State, apply under the Land Act 1994 for land to which the notification applies to be— granted in fee simple; or leased for a term of years or in perpetuity.\n(sec.128-ssec.7) For dealing with an application mentioned in subsection (6) under the Land Act 1994 — section 16 of that Act does not apply; and a deed of grant or lease may be granted without competition.\n(sec.128-ssec.8) The registration of a deed of grant under the Land Title Act 1994 , or registration of a lease under the Land Act 1994 , for land to which the notification applies revokes the notification to the extent it sets apart that land for use for the purposes of this Act.\n- (a) repeal the notification to wholly revoke the setting apart of the land for use for the purposes of this Act; or\n- (b) amend the notification, including to partly revoke the setting apart of the land for use for the purposes of this Act.\n- (a) granted in fee simple; or\n- (b) leased for a term of years or in perpetuity.\n- (a) section 16 of that Act does not apply; and\n- (b) a deed of grant or lease may be granted without competition.","sortOrder":214},{"sectionNumber":"sec.129","sectionType":"section","heading":"Lease under the repealed Act, s 22B","content":"### sec.129 Lease under the repealed Act, s 22B\n\nThis section applies to a lease, granted under the repealed Act, section 22B, that was in force immediately before the commencement day.\nThat section (as amended, renumbered as section 112 and relocated under schedule 1) continues to apply to the lease while the lease is in force.\n(sec.129-ssec.1) This section applies to a lease, granted under the repealed Act, section 22B, that was in force immediately before the commencement day.\n(sec.129-ssec.2) That section (as amended, renumbered as section 112 and relocated under schedule 1) continues to apply to the lease while the lease is in force.","sortOrder":215},{"sectionNumber":"sec.130","sectionType":"section","heading":"Loan to which the repealed Act, s 23A(8)(b) and (c) applied","content":"### sec.130 Loan to which the repealed Act, s 23A(8)(b) and (c) applied\n\nThe repealed Act, section 23A(8)(b) and (c), as in force immediately before the commencement day, continue to apply to a loan to which the provisions applied immediately before the commencement day.\nFor subsection (1), the repealed Act, section 23A(8)(b) continues to apply as if a reference in the provision to conferring a power, function, right or remedy on the commission or an officer of the commission were a reference to conferring the power, function, right or remedy on the chief executive acting on behalf of the State or an officer in the department.\n(sec.130-ssec.1) The repealed Act, section 23A(8)(b) and (c), as in force immediately before the commencement day, continue to apply to a loan to which the provisions applied immediately before the commencement day.\n(sec.130-ssec.2) For subsection (1), the repealed Act, section 23A(8)(b) continues to apply as if a reference in the provision to conferring a power, function, right or remedy on the commission or an officer of the commission were a reference to conferring the power, function, right or remedy on the chief executive acting on behalf of the State or an officer in the department.","sortOrder":216},{"sectionNumber":"sec.131","sectionType":"section","heading":"Reservation registered over a lot under the repealed Act, s 23B","content":"### sec.131 Reservation registered over a lot under the repealed Act, s 23B\n\nThis section applies to a lot that, immediately before the commencement day, was the subject of a reservation registered under the repealed Act, section 23B.\nThe repeal of that section does not affect the reservation.\nThe repealed Act, section 23B(8) to (11), as in force immediately before the commencement day, continue to apply to the lot while the reservation is registered over the lot, as if—\na reference in those provisions to the commission were a reference to the chief executive acting on behalf of the State; and\na reference in those provisions to the Minister were a reference to the Minister administering this Act.\nFor the purpose of subsection (3), the other provisions of section 23B continue to apply to the extent necessary.\n(sec.131-ssec.1) This section applies to a lot that, immediately before the commencement day, was the subject of a reservation registered under the repealed Act, section 23B.\n(sec.131-ssec.2) The repeal of that section does not affect the reservation.\n(sec.131-ssec.3) The repealed Act, section 23B(8) to (11), as in force immediately before the commencement day, continue to apply to the lot while the reservation is registered over the lot, as if— a reference in those provisions to the commission were a reference to the chief executive acting on behalf of the State; and a reference in those provisions to the Minister were a reference to the Minister administering this Act.\n(sec.131-ssec.4) For the purpose of subsection (3), the other provisions of section 23B continue to apply to the extent necessary.\n- (a) a reference in those provisions to the commission were a reference to the chief executive acting on behalf of the State; and\n- (b) a reference in those provisions to the Minister were a reference to the Minister administering this Act.","sortOrder":217},{"sectionNumber":"sec.132","sectionType":"section","heading":"Sale under the repealed Act, s 24","content":"### sec.132 Sale under the repealed Act, s 24\n\nThis section applies to a contract of sale, entered into under the repealed Act, section 24, that was in force immediately before the commencement day.\nThat section (as amended, renumbered as section 113 and relocated under schedule 1) continues to apply to the contract while the contract is in force.\n(sec.132-ssec.1) This section applies to a contract of sale, entered into under the repealed Act, section 24, that was in force immediately before the commencement day.\n(sec.132-ssec.2) That section (as amended, renumbered as section 113 and relocated under schedule 1) continues to apply to the contract while the contract is in force.","sortOrder":218},{"sectionNumber":"sec.133","sectionType":"section","heading":"Freeholding lease under the repealed Act, s 24","content":"### sec.133 Freeholding lease under the repealed Act, s 24\n\nThis section applies to a freeholding lease under the repealed Act, section 24, that was in force immediately before the commencement day.\nThe terms and conditions of the lease continue to apply.\nThe final payment of the purchase price of the land in the lease and any home erected on the land must include the appropriate fees prescribed under the Land Act 1994 and the Land Title Act 1994 for the issue of a deed of grant.\nThe Land Act 1994 applies, with all necessary changes, to the lease except that—\nall lease payments must be paid to the chief executive; and\na reference in that Act to the Minister is taken to be a reference to the Minister administering this Act; and\nto remove any doubt, chapter 8 , part 2 of that Act does not apply.\nThe Governor in Council must issue a deed of grant for the land contained in the lease when—\nthe terms and conditions of the lease and the contract of sale under the repealed Act, section 24 have been fulfilled; and\nthe purchase price of the land in the lease and any home erected on the land, interest on the purchase price and all relevant fees have been paid.\nThe deed of grant is issued subject to all the encumbrances to which the lease was subject and in the same priorities.\n(sec.133-ssec.1) This section applies to a freeholding lease under the repealed Act, section 24, that was in force immediately before the commencement day.\n(sec.133-ssec.2) The terms and conditions of the lease continue to apply.\n(sec.133-ssec.3) The final payment of the purchase price of the land in the lease and any home erected on the land must include the appropriate fees prescribed under the Land Act 1994 and the Land Title Act 1994 for the issue of a deed of grant.\n(sec.133-ssec.4) The Land Act 1994 applies, with all necessary changes, to the lease except that— all lease payments must be paid to the chief executive; and a reference in that Act to the Minister is taken to be a reference to the Minister administering this Act; and to remove any doubt, chapter 8 , part 2 of that Act does not apply.\n(sec.133-ssec.5) The Governor in Council must issue a deed of grant for the land contained in the lease when— the terms and conditions of the lease and the contract of sale under the repealed Act, section 24 have been fulfilled; and the purchase price of the land in the lease and any home erected on the land, interest on the purchase price and all relevant fees have been paid.\n(sec.133-ssec.6) The deed of grant is issued subject to all the encumbrances to which the lease was subject and in the same priorities.\n- (a) all lease payments must be paid to the chief executive; and\n- (b) a reference in that Act to the Minister is taken to be a reference to the Minister administering this Act; and\n- (c) to remove any doubt, chapter 8 , part 2 of that Act does not apply.\n- (a) the terms and conditions of the lease and the contract of sale under the repealed Act, section 24 have been fulfilled; and\n- (b) the purchase price of the land in the lease and any home erected on the land, interest on the purchase price and all relevant fees have been paid.","sortOrder":219},{"sectionNumber":"sec.134","sectionType":"section","heading":"Other lease under the repealed Act, s 24","content":"### sec.134 Other lease under the repealed Act, s 24\n\nThis section applies to a lease, other than a freeholding lease, granted under the repealed Act, section 24, that was in force immediately before the commencement day.\nThat section (as amended, renumbered as section 113 and relocated under schedule 1) continues to apply to the lease while the lease is in force.\nThe lease is taken to be a perpetual lease for residential purposes under the Land Act 1994 .\nHowever, the Land Act 1994 , chapter 4 , part 3 , division 3 , does not apply for converting the lease to freehold land.\nThe Housing (Freeholding of Land) Act 1957 , part 2 , applies for converting the lease to freehold land.\nFor subsection (3), a reference in the Land Act 1994 to the Minister is taken to be a reference to the Minister administering this Act.\ns 134 amd 2005 No. 46 s 5\n(sec.134-ssec.1) This section applies to a lease, other than a freeholding lease, granted under the repealed Act, section 24, that was in force immediately before the commencement day.\n(sec.134-ssec.2) That section (as amended, renumbered as section 113 and relocated under schedule 1) continues to apply to the lease while the lease is in force.\n(sec.134-ssec.3) The lease is taken to be a perpetual lease for residential purposes under the Land Act 1994 .\n(sec.134-ssec.4) However, the Land Act 1994 , chapter 4 , part 3 , division 3 , does not apply for converting the lease to freehold land.\n(sec.134-ssec.5) The Housing (Freeholding of Land) Act 1957 , part 2 , applies for converting the lease to freehold land.\n(sec.134-ssec.6) For subsection (3), a reference in the Land Act 1994 to the Minister is taken to be a reference to the Minister administering this Act.","sortOrder":220},{"sectionNumber":"sec.135","sectionType":"section","heading":"Sale, lease or arrangements under the repealed Act, s 24A","content":"### sec.135 Sale, lease or arrangements under the repealed Act, s 24A\n\nThis section applies to an agreement, lease or arrangements, under the repealed Act, section 24A, that were in force immediately before the commencement day.\nThe repealed Act, section 24A(3C) to (7), (7B), (7C) and (7E) to (12), as in force immediately before the commencement day, continue to apply to the agreement, lease or arrangements while they are in force, as if—\na reference in those provisions to the commission were a reference to the chief executive acting on behalf of the State; and\na reference in those provisions to the Minister charged with the administration of the repealed Act were a reference to the Minister administering this Act; and\na reference in those provisions to a perpetual town lease or perpetual suburban lease were a reference to a perpetual lease for residential purposes.\nA lease that, immediately before the commencement day, was a perpetual town lease or perpetual suburban lease is taken to be a perpetual lease for residential purposes.\nOn 1 July 2006, this section stops applying to a lease.\nSee section 154 (Lease under the repealed Act, s 24A).\ns 135 amd 2005 No. 46 s 6\n(sec.135-ssec.1) This section applies to an agreement, lease or arrangements, under the repealed Act, section 24A, that were in force immediately before the commencement day.\n(sec.135-ssec.2) The repealed Act, section 24A(3C) to (7), (7B), (7C) and (7E) to (12), as in force immediately before the commencement day, continue to apply to the agreement, lease or arrangements while they are in force, as if— a reference in those provisions to the commission were a reference to the chief executive acting on behalf of the State; and a reference in those provisions to the Minister charged with the administration of the repealed Act were a reference to the Minister administering this Act; and a reference in those provisions to a perpetual town lease or perpetual suburban lease were a reference to a perpetual lease for residential purposes.\n(sec.135-ssec.3) A lease that, immediately before the commencement day, was a perpetual town lease or perpetual suburban lease is taken to be a perpetual lease for residential purposes.\n(sec.135-ssec.4) On 1 July 2006, this section stops applying to a lease. See section 154 (Lease under the repealed Act, s 24A).\n- (a) a reference in those provisions to the commission were a reference to the chief executive acting on behalf of the State; and\n- (b) a reference in those provisions to the Minister charged with the administration of the repealed Act were a reference to the Minister administering this Act; and\n- (c) a reference in those provisions to a perpetual town lease or perpetual suburban lease were a reference to a perpetual lease for residential purposes.","sortOrder":221},{"sectionNumber":"sec.136","sectionType":"section","heading":"Lease to which the repealed Act, s 24C applied","content":"### sec.136 Lease to which the repealed Act, s 24C applied\n\nThis section applies to a lease granted under the repealed Act, section 24 or 24A, that was in force, and to which the repealed Act, section 24C applied, immediately before the commencement day.\nThe repealed Act, section 24C(1) to (7), as in force immediately before the commencement day, continue to apply to the lease while the lease is in force, as if a reference in those provisions to the prescribed percentage were a reference to the prescribed percentage in force immediately before the commencement day or, if another percentage is prescribed under a regulation for this section, the other percentage.\n(sec.136-ssec.1) This section applies to a lease granted under the repealed Act, section 24 or 24A, that was in force, and to which the repealed Act, section 24C applied, immediately before the commencement day.\n(sec.136-ssec.2) The repealed Act, section 24C(1) to (7), as in force immediately before the commencement day, continue to apply to the lease while the lease is in force, as if a reference in those provisions to the prescribed percentage were a reference to the prescribed percentage in force immediately before the commencement day or, if another percentage is prescribed under a regulation for this section, the other percentage.","sortOrder":222},{"sectionNumber":"sec.137","sectionType":"section","heading":"Application of the repealed Act, s 25 and schedule","content":"### sec.137 Application of the repealed Act, s 25 and schedule\n\nThis section applies to a contract of sale, entered into under the repealed Act, that was in force immediately before the commencement day.\nThe repealed Act, section 25(3) to (5) and the schedule, as in force immediately before the commencement day, continue to apply to the contract while the contract is in force, as if—\na reference in those provisions to the commission were a reference to the chief executive acting on behalf of the State; and\na reference in those provisions to the commission, subject to the repealed Act, disposing of a property to any eligible person were a reference to the chief executive dealing with the property under this Act.\n(sec.137-ssec.1) This section applies to a contract of sale, entered into under the repealed Act, that was in force immediately before the commencement day.\n(sec.137-ssec.2) The repealed Act, section 25(3) to (5) and the schedule, as in force immediately before the commencement day, continue to apply to the contract while the contract is in force, as if— a reference in those provisions to the commission were a reference to the chief executive acting on behalf of the State; and a reference in those provisions to the commission, subject to the repealed Act, disposing of a property to any eligible person were a reference to the chief executive dealing with the property under this Act.\n- (a) a reference in those provisions to the commission were a reference to the chief executive acting on behalf of the State; and\n- (b) a reference in those provisions to the commission, subject to the repealed Act, disposing of a property to any eligible person were a reference to the chief executive dealing with the property under this Act.","sortOrder":223},{"sectionNumber":"sec.138","sectionType":"section","heading":"Continuing application of the repealed Act, s 26D","content":"### sec.138 Continuing application of the repealed Act, s 26D\n\nThis section applies to an agreement to sell a dwelling house, under the repealed Act, section 26D(1), entered into by the commission before the commencement day.\nThe repealed Act, section 26D, as in force immediately before the commencement day, continues to apply to the sale as if a reference in the section to the commission were a reference to the chief executive acting on behalf of the State.\n(sec.138-ssec.1) This section applies to an agreement to sell a dwelling house, under the repealed Act, section 26D(1), entered into by the commission before the commencement day.\n(sec.138-ssec.2) The repealed Act, section 26D, as in force immediately before the commencement day, continues to apply to the sale as if a reference in the section to the commission were a reference to the chief executive acting on behalf of the State.","sortOrder":224},{"sectionNumber":"sec.139","sectionType":"section","heading":"Approved housing institutions advances account","content":"### sec.139 Approved housing institutions advances account\n\nThe approved housing institutions advances account established under the repealed Act, section 29B, is discontinued.\nIf, immediately before the commencement day, there is an amount in the account, the amount must be paid into the Queensland Housing Fund.\n(sec.139-ssec.1) The approved housing institutions advances account established under the repealed Act, section 29B, is discontinued.\n(sec.139-ssec.2) If, immediately before the commencement day, there is an amount in the account, the amount must be paid into the Queensland Housing Fund.","sortOrder":225},{"sectionNumber":"sec.140","sectionType":"section","heading":"Loan under the repealed Act, pt 6A","content":"### sec.140 Loan under the repealed Act, pt 6A\n\nThis section applies to a loan under the repealed Act, part 6A, that, immediately before the commencement day, had not been fully repaid.\nThe repealed Act, part 6A, as in force immediately before the commencement day, continues to apply to the loan until it is fully repaid.\nHowever, an amount received as a repayment of the loan must be paid into the Queensland Housing Fund.\n(sec.140-ssec.1) This section applies to a loan under the repealed Act, part 6A, that, immediately before the commencement day, had not been fully repaid.\n(sec.140-ssec.2) The repealed Act, part 6A, as in force immediately before the commencement day, continues to apply to the loan until it is fully repaid.\n(sec.140-ssec.3) However, an amount received as a repayment of the loan must be paid into the Queensland Housing Fund.","sortOrder":226},{"sectionNumber":"sec.141","sectionType":"section","heading":"Continuing application of the repealed Act, pt 6C","content":"### sec.141 Continuing application of the repealed Act, pt 6C\n\nThis section applies to a trust asset or trust liability under the repealed Act, part 6C, that was an asset or liability of the commission immediately before the commencement day.\nA right, power, privilege or liability of the commission under that part immediately before the commencement day is a right, power, privilege or liability of the chief executive on behalf of the State.\nThe repealed Act, sections 29I, 29L, 29M, 29O and 29R, as in force immediately before the commencement day, continue to apply as if a reference in those sections, other than section 29M, to the commission were a reference to the chief executive acting on behalf of the State.\ns 141 amd 2005 No. 33 s 9\n(sec.141-ssec.1) This section applies to a trust asset or trust liability under the repealed Act, part 6C, that was an asset or liability of the commission immediately before the commencement day.\n(sec.141-ssec.2) A right, power, privilege or liability of the commission under that part immediately before the commencement day is a right, power, privilege or liability of the chief executive on behalf of the State.\n(sec.141-ssec.3) The repealed Act, sections 29I, 29L, 29M, 29O and 29R, as in force immediately before the commencement day, continue to apply as if a reference in those sections, other than section 29M, to the commission were a reference to the chief executive acting on behalf of the State.","sortOrder":227},{"sectionNumber":"sec.142","sectionType":"section","heading":"Application of Criminal Code, s 89","content":"### sec.142 Application of Criminal Code, s 89\n\nThis section applies to a person who, immediately before the commencement day, was a public service employee, and a party to a contract or agreement, mentioned in the repealed Act, section 30AA.\nWhile the contract or agreement is in force, the person does not commit an offence against the Criminal Code , section 89 in relation to the contract or agreement only because the person is a public service employee and a party to the contract or agreement.\n(sec.142-ssec.1) This section applies to a person who, immediately before the commencement day, was a public service employee, and a party to a contract or agreement, mentioned in the repealed Act, section 30AA.\n(sec.142-ssec.2) While the contract or agreement is in force, the person does not commit an offence against the Criminal Code , section 89 in relation to the contract or agreement only because the person is a public service employee and a party to the contract or agreement.","sortOrder":228},{"sectionNumber":"sec.143","sectionType":"section","heading":"Standard fixed interest rate—the repealed Act, s 32AA","content":"### sec.143 Standard fixed interest rate—the repealed Act, s 32AA\n\nThis section applies if, immediately before the commencement day, an interest rate applying to a loan agreement, contract of sale or other agreement was—\nthe standard fixed interest rate in force under the repealed Act, section 32AA (the standard fixed rate ) at a particular time; or\na rate calculated by reference to the standard fixed rate at a particular time.\nSo far as the agreement provides for the application, at a time on or after the commencement day, of the standard fixed rate in force at a time before the commencement day, that rate continues to apply under the agreement.\nA loan agreement provides that interest is payable, for a stated period, at the standard fixed rate in force on the day the agreement is entered into. From the commencement day, that rate continues to apply for the remainder of the stated period, as agreed.\nSo far as the agreement provides for the application of the standard fixed rate in force at a time on or after the commencement day, the standard fixed rate is—\nfor a time before a standard fixed interest rate is declared under section 92—the standard fixed rate in force immediately before the commencement day; or\nfor a time after a standard fixed interest rate is declared under section 92—the standard fixed interest rate in force under that section.\nThis section does not prevent the parties to the agreement agreeing to a different interest rate.\nIn this section, a reference to the application of the standard fixed rate includes the application of another rate calculated by reference to the standard fixed rate.\n(sec.143-ssec.1) This section applies if, immediately before the commencement day, an interest rate applying to a loan agreement, contract of sale or other agreement was— the standard fixed interest rate in force under the repealed Act, section 32AA (the standard fixed rate ) at a particular time; or a rate calculated by reference to the standard fixed rate at a particular time.\n(sec.143-ssec.2) So far as the agreement provides for the application, at a time on or after the commencement day, of the standard fixed rate in force at a time before the commencement day, that rate continues to apply under the agreement. A loan agreement provides that interest is payable, for a stated period, at the standard fixed rate in force on the day the agreement is entered into. From the commencement day, that rate continues to apply for the remainder of the stated period, as agreed.\n(sec.143-ssec.3) So far as the agreement provides for the application of the standard fixed rate in force at a time on or after the commencement day, the standard fixed rate is— for a time before a standard fixed interest rate is declared under section 92—the standard fixed rate in force immediately before the commencement day; or for a time after a standard fixed interest rate is declared under section 92—the standard fixed interest rate in force under that section.\n(sec.143-ssec.4) This section does not prevent the parties to the agreement agreeing to a different interest rate.\n(sec.143-ssec.5) In this section, a reference to the application of the standard fixed rate includes the application of another rate calculated by reference to the standard fixed rate.\n- (a) the standard fixed interest rate in force under the repealed Act, section 32AA (the standard fixed rate ) at a particular time; or\n- (b) a rate calculated by reference to the standard fixed rate at a particular time.\n- (a) for a time before a standard fixed interest rate is declared under section 92—the standard fixed rate in force immediately before the commencement day; or\n- (b) for a time after a standard fixed interest rate is declared under section 92—the standard fixed interest rate in force under that section.","sortOrder":229},{"sectionNumber":"sec.144","sectionType":"section","heading":"Standard variable interest rate—the repealed Act, s 32AA","content":"### sec.144 Standard variable interest rate—the repealed Act, s 32AA\n\nThis section applies if, immediately before the commencement day, an interest rate applying to a loan agreement, contract of sale or other agreement was—\nthe standard variable interest rate declared under the repealed Act, section 32AA (the standard variable rate ) at a particular time; or\na rate calculated by reference to the standard variable rate at a particular time.\nSo far as the agreement provides for the application of the standard variable rate in force at a time on or after the commencement day, the standard variable rate is—\nfor a time before a standard variable interest rate is declared under section 92—the standard variable rate in force immediately before the commencement day; or\nfor a time after a standard variable interest rate is declared under section 92—the standard variable interest rate in force under that section.\nThis section does not prevent the parties to the agreement agreeing to a different interest rate.\nIn this section, a reference to the application of the standard variable rate includes the application of another rate calculated by reference to the standard variable rate.\n(sec.144-ssec.1) This section applies if, immediately before the commencement day, an interest rate applying to a loan agreement, contract of sale or other agreement was— the standard variable interest rate declared under the repealed Act, section 32AA (the standard variable rate ) at a particular time; or a rate calculated by reference to the standard variable rate at a particular time.\n(sec.144-ssec.2) So far as the agreement provides for the application of the standard variable rate in force at a time on or after the commencement day, the standard variable rate is— for a time before a standard variable interest rate is declared under section 92—the standard variable rate in force immediately before the commencement day; or for a time after a standard variable interest rate is declared under section 92—the standard variable interest rate in force under that section.\n(sec.144-ssec.3) This section does not prevent the parties to the agreement agreeing to a different interest rate.\n(sec.144-ssec.4) In this section, a reference to the application of the standard variable rate includes the application of another rate calculated by reference to the standard variable rate.\n- (a) the standard variable interest rate declared under the repealed Act, section 32AA (the standard variable rate ) at a particular time; or\n- (b) a rate calculated by reference to the standard variable rate at a particular time.\n- (a) for a time before a standard variable interest rate is declared under section 92—the standard variable rate in force immediately before the commencement day; or\n- (b) for a time after a standard variable interest rate is declared under section 92—the standard variable interest rate in force under that section.","sortOrder":230},{"sectionNumber":"sec.145","sectionType":"section","heading":"Variable interest rate applying under the repealed Act, s 32AC or 32A","content":"### sec.145 Variable interest rate applying under the repealed Act, s 32AC or 32A\n\nThis section applies if, immediately before the commencement day, an interest rate applying to an agreement was, under a repealed section, the standard variable interest rate.\nFrom the commencement day, section 144 applies to the agreement as if the agreement included a provision applying the standard variable interest rate as in force from time to time.\nIn this section—\nrepealed section means the repealed Act, section 32AC or 32A.\nstandard variable interest rate means the standard variable interest rate declared under the repealed Act, section 32AA.\n(sec.145-ssec.1) This section applies if, immediately before the commencement day, an interest rate applying to an agreement was, under a repealed section, the standard variable interest rate.\n(sec.145-ssec.2) From the commencement day, section 144 applies to the agreement as if the agreement included a provision applying the standard variable interest rate as in force from time to time.\n(sec.145-ssec.3) In this section— repealed section means the repealed Act, section 32AC or 32A. standard variable interest rate means the standard variable interest rate declared under the repealed Act, section 32AA.","sortOrder":231},{"sectionNumber":"sec.146","sectionType":"section","heading":"Continuing application of the repealed Act, s 33","content":"### sec.146 Continuing application of the repealed Act, s 33\n\nThe repealed Act, section 33, as in force immediately before the commencement day, continues to apply to a loan agreement, contract of sale or other agreement to which that section applied immediately before the commencement day as if a reference in the section to the Governor in Council or the Minister were a reference to the chief executive.\nFor subsection (1), an interest rate applying to an agreement under the section that was decided or fixed by the Governor in Council or the Minister before the commencement day is taken to have been decided or fixed by the chief executive.\n(sec.146-ssec.1) The repealed Act, section 33, as in force immediately before the commencement day, continues to apply to a loan agreement, contract of sale or other agreement to which that section applied immediately before the commencement day as if a reference in the section to the Governor in Council or the Minister were a reference to the chief executive.\n(sec.146-ssec.2) For subsection (1), an interest rate applying to an agreement under the section that was decided or fixed by the Governor in Council or the Minister before the commencement day is taken to have been decided or fixed by the chief executive.","sortOrder":232},{"sectionNumber":"sec.147","sectionType":"section","heading":"Continuing application of the repealed Act, s 33A","content":"### sec.147 Continuing application of the repealed Act, s 33A\n\nThe repealed Act, section 33A, as in force immediately before the commencement day, continues to apply to a mortgage, held by the chief executive on behalf of the State, to which that section applied immediately before the commencement day.","sortOrder":233},{"sectionNumber":"sec.148","sectionType":"section","heading":"Continuing application of the repealed Act, s 36","content":"### sec.148 Continuing application of the repealed Act, s 36\n\nThe repealed Act, section 36, as in force immediately before the commencement day, continues to apply to a security for a loan to which that section applied immediately before the commencement day.","sortOrder":234},{"sectionNumber":"sec.149","sectionType":"section","heading":"Freeholding of leases over which mortgages held by the chief executive","content":"### sec.149 Freeholding of leases over which mortgages held by the chief executive\n\nThis section applies to a freeholding lease that is—\nin force under this Act, the Housing (Freeholding of Land) Act 1957 or the Land Act 1994 ; and\nsubject to a mortgage in favour of the chief executive on behalf of the State (the chief executive’s mortgage ).\nThe chief executive may, at any time, pay the purchasing price and any other fees or expenses required for the issuing of a deed of grant in respect of the freeholding lease.\nIf a payment under subsection (2) is made—\nthe lessee is taken to have fulfilled all the conditions of the freeholding lease and any related contract of sale; and\nthe amount of the payment is added to the amount owing under the chief executive’s mortgage.\nSubsections (2) and (3) apply despite any other Act.\nFor subsection (1)(a), a lease issued under the repealed Act that is in force is taken to be in force under this Act.\n(sec.149-ssec.1) This section applies to a freeholding lease that is— in force under this Act, the Housing (Freeholding of Land) Act 1957 or the Land Act 1994 ; and subject to a mortgage in favour of the chief executive on behalf of the State (the chief executive’s mortgage ).\n(sec.149-ssec.2) The chief executive may, at any time, pay the purchasing price and any other fees or expenses required for the issuing of a deed of grant in respect of the freeholding lease.\n(sec.149-ssec.3) If a payment under subsection (2) is made— the lessee is taken to have fulfilled all the conditions of the freeholding lease and any related contract of sale; and the amount of the payment is added to the amount owing under the chief executive’s mortgage.\n(sec.149-ssec.4) Subsections (2) and (3) apply despite any other Act.\n(sec.149-ssec.5) For subsection (1)(a), a lease issued under the repealed Act that is in force is taken to be in force under this Act.\n- (a) in force under this Act, the Housing (Freeholding of Land) Act 1957 or the Land Act 1994 ; and\n- (b) subject to a mortgage in favour of the chief executive on behalf of the State (the chief executive’s mortgage ).\n- (a) the lessee is taken to have fulfilled all the conditions of the freeholding lease and any related contract of sale; and\n- (b) the amount of the payment is added to the amount owing under the chief executive’s mortgage.","sortOrder":235},{"sectionNumber":"sec.150","sectionType":"section","heading":"Deed of grant to be issued under Land Act 1994","content":"### sec.150 Deed of grant to be issued under Land Act 1994\n\nA deed of grant required under this Act to be issued must be issued under the Land Act 1994 .\ns 150 sub 2005 No. 46 s 7","sortOrder":236},{"sectionNumber":"sec.151","sectionType":"section","heading":"Continuing application of schedule of repealed Act","content":"### sec.151 Continuing application of schedule of repealed Act\n\nThe schedule of the repealed Act, as in force immediately before the commencement day, continues to apply in the way, and to the extent, stated in this section, as if a reference in the schedule to the commission were a reference to the chief executive acting on behalf of the State.\nSections 12, 13, 15, 16 and 17 of the schedule continue to apply to a loan made by the commission under the repealed Act that has not been repaid, to the same extent the provisions applied to the loan immediately before the commencement day.\nSection 18 of the schedule continues to apply to a loan made by the commission under the repealed Act that has not been repaid, or a contract or lease under the repealed Act that is still in force, to the same extent the section applied to the loan, contract or lease immediately before the commencement day.\nSections 20 to 24 of the schedule continue to apply to a mortgage or other security held by the chief executive on behalf of the State that was held by the commission immediately before the commencement day, to the same extent the sections applied to the mortgage or other security immediately before the commencement day.\nSection 25 of the schedule continues to apply to a lease or agreement to let a house, entered into under the repealed Act, section 26, that is still in force.\n(sec.151-ssec.1) The schedule of the repealed Act, as in force immediately before the commencement day, continues to apply in the way, and to the extent, stated in this section, as if a reference in the schedule to the commission were a reference to the chief executive acting on behalf of the State.\n(sec.151-ssec.2) Sections 12, 13, 15, 16 and 17 of the schedule continue to apply to a loan made by the commission under the repealed Act that has not been repaid, to the same extent the provisions applied to the loan immediately before the commencement day.\n(sec.151-ssec.3) Section 18 of the schedule continues to apply to a loan made by the commission under the repealed Act that has not been repaid, or a contract or lease under the repealed Act that is still in force, to the same extent the section applied to the loan, contract or lease immediately before the commencement day.\n(sec.151-ssec.4) Sections 20 to 24 of the schedule continue to apply to a mortgage or other security held by the chief executive on behalf of the State that was held by the commission immediately before the commencement day, to the same extent the sections applied to the mortgage or other security immediately before the commencement day.\n(sec.151-ssec.5) Section 25 of the schedule continues to apply to a lease or agreement to let a house, entered into under the repealed Act, section 26, that is still in force.","sortOrder":237},{"sectionNumber":"pt.10-div.5","sectionType":"division","heading":"Provision for Housing and Other Acts Amendment Act 2005","content":"## Provision for Housing and Other Acts Amendment Act 2005","sortOrder":238},{"sectionNumber":"sec.152","sectionType":"section","heading":"Commencement of certain provisions","content":"### sec.152 Commencement of certain provisions\n\nIt is declared that the provisions of the Housing Act 2003 as amended under the Housing and Other Acts Amendment Act 2005 , sections 7 and 11 , are taken to have commenced on 1 January 2004 under the commencing proclamation.\nIn this section—\ncommencing proclamation means Subordinate Legislation 2003 No. 332 made under this Act, by which 1 January 2004 was fixed for the commencement of provisions of this Act that were not in force.\ns 152 prev s 152 exp 1 January 2005 (see s 152(4))\npres s 152 ins 2005 No. 33 s 10\n(sec.152-ssec.1) It is declared that the provisions of the Housing Act 2003 as amended under the Housing and Other Acts Amendment Act 2005 , sections 7 and 11 , are taken to have commenced on 1 January 2004 under the commencing proclamation.\n(sec.152-ssec.2) In this section— commencing proclamation means Subordinate Legislation 2003 No. 332 made under this Act, by which 1 January 2004 was fixed for the commencement of provisions of this Act that were not in force.","sortOrder":239},{"sectionNumber":"pt.10-div.6","sectionType":"division","heading":"Transitional provisions for Housing Legislation Amendment Act 2005","content":"## Transitional provisions for Housing Legislation Amendment Act 2005","sortOrder":240},{"sectionNumber":"sec.153","sectionType":"section","heading":"Lease under s 113","content":"### sec.153 Lease under s 113\n\nThis section applies to a lease granted under section 113 that was in force immediately before 1 July 2006.\nSection 113 continues to apply to the lease while the lease is in force.\nThe lease is taken to be a perpetual lease for residential purposes under the Land Act 1994 .\nHowever, the Land Act 1994 , chapter 4 , part 3 , division 3 , does not apply for converting the lease to freehold land.\nThe Housing (Freeholding of Land) Act 1957 , part 2, applies for converting the lease to freehold land.\nFor subsection (3), a reference in the Land Act 1994 to the Minister is taken to be a reference to the Minister administering this Act.\ns 153 ins 2005 No. 46 s 8\n(sec.153-ssec.1) This section applies to a lease granted under section 113 that was in force immediately before 1 July 2006.\n(sec.153-ssec.2) Section 113 continues to apply to the lease while the lease is in force.\n(sec.153-ssec.3) The lease is taken to be a perpetual lease for residential purposes under the Land Act 1994 .\n(sec.153-ssec.4) However, the Land Act 1994 , chapter 4 , part 3 , division 3 , does not apply for converting the lease to freehold land.\n(sec.153-ssec.5) The Housing (Freeholding of Land) Act 1957 , part 2, applies for converting the lease to freehold land.\n(sec.153-ssec.6) For subsection (3), a reference in the Land Act 1994 to the Minister is taken to be a reference to the Minister administering this Act.","sortOrder":241},{"sectionNumber":"sec.154","sectionType":"section","heading":"Lease under the repealed Act, s 24A","content":"### sec.154 Lease under the repealed Act, s 24A\n\nThis section applies to a lease granted under the repealed Act, section 24A, that was in force immediately before 1 July 2006.\nThe lease is taken to be a perpetual lease for residential purposes under the Land Act 1994 .\nHowever, the Land Act 1994 , chapter 4, part 3, division 3 does not apply for converting the lease to freehold land.\nThe Housing (Freeholding of Land) Act 1957 , part 2, applies for converting the lease to freehold land.\nFor subsection (2), a reference in the Land Act 1994 to the Minister is taken to be a reference to the Minister administering this Act.\ns 154 ins 2005 No. 46 s 8\n(sec.154-ssec.1) This section applies to a lease granted under the repealed Act, section 24A, that was in force immediately before 1 July 2006.\n(sec.154-ssec.2) The lease is taken to be a perpetual lease for residential purposes under the Land Act 1994 .\n(sec.154-ssec.3) However, the Land Act 1994 , chapter 4, part 3, division 3 does not apply for converting the lease to freehold land.\n(sec.154-ssec.4) The Housing (Freeholding of Land) Act 1957 , part 2, applies for converting the lease to freehold land.\n(sec.154-ssec.5) For subsection (2), a reference in the Land Act 1994 to the Minister is taken to be a reference to the Minister administering this Act.","sortOrder":242},{"sectionNumber":"sec.155","sectionType":"section","heading":"Delegation by Minister of powers under Land Act 1994","content":"### sec.155 Delegation by Minister of powers under Land Act 1994\n\nThe Minister may delegate the Minister’s powers under a prescribed provision to the chief executive or to an officer or employee of the department.\nIn this section—\nprescribed provision means a provision of the Land Act 1994 that, under any of the following, applies to a lease—\nsection 133, 134, 153 or 154;\nthe Housing (Freeholding of Land) Act 1957 , section 10J or 11.\ns 155 ins 2005 No. 46 s 8\n(sec.155-ssec.1) The Minister may delegate the Minister’s powers under a prescribed provision to the chief executive or to an officer or employee of the department.\n(sec.155-ssec.2) In this section— prescribed provision means a provision of the Land Act 1994 that, under any of the following, applies to a lease— section 133, 134, 153 or 154; the Housing (Freeholding of Land) Act 1957 , section 10J or 11.\n- (a) section 133, 134, 153 or 154;\n- (b) the Housing (Freeholding of Land) Act 1957 , section 10J or 11.","sortOrder":243},{"sectionNumber":"pt.10-div.7","sectionType":"division","heading":"Transitional provisions for Housing and Other Legislation Amendment Act 2013","content":"## Transitional provisions for Housing and Other Legislation Amendment Act 2013","sortOrder":244},{"sectionNumber":"sec.156","sectionType":"section","heading":"Definitions for div 7","content":"### sec.156 Definitions for div 7\n\nIn this division—\naccommodation provider means an entity that, immediately before the commencement, was—\nregistered under the former Act; and\nproviding a relevant housing service.\namending Act means the Housing and Other Legislation Amendment Act 2013.\napplication period means the period—\nstarting on the commencement; and\nending on—\nthe prescribed day; or\nif a day is not prescribed—the day that is 1 year after the commencement.\ncommencement means the day this section commences.\nexisting assistance agreement means any of the following—\nan assistance agreement under the former section 25 that was current immediately before the commencement;\na continuing agreement under the former section 127 that was current immediately before the commencement.\nformer , in relation to a provision, means as in force immediately before the repeal or amendment of the provision by the amending Act.\nformer Act means the Housing Act 2003 , as in force immediately before the commencement.\nother registered provider means an entity that, immediately before the commencement, was—\nregistered under this Act; and\nproviding a housing service under the former section 8 that was not, or did not include, a relevant housing service.\nrelevant asset , for an accommodation provider, means the following—\nthe provider’s relevant property;\nthe provider’s relevant receipts.\nrelevant housing service means a housing service under the former section 8 that was, or included, the provision of housing to an individual for residential use, other than crisis accommodation.\nrelevant property , for an accommodation provider, means any of the following—\nproperty transferred or leased by the chief executive or the Queensland Housing Commission (the QHC ) to the provider for the purpose of providing a relevant housing service;\nproperty bought or leased by the provider using funds entirely or partly provided by—\na grant, loan or other financial assistance given by the chief executive or the QHC for the purpose of providing a relevant housing service; or\nother relevant receipts;\nproperty, in which the provider has an interest, if work of any nature has been carried out in relation to the property—\nusing funds entirely or partly provided by—\na grant, loan or other financial assistance given by the chief executive, or the QHC, for the purpose of providing a relevant housing service; or\nother relevant receipts; or\nby the chief executive, or the QHC, for the purpose of providing a relevant housing service; or\nwith other assistance given by the chief executive, or the QHC, for the purpose of providing a relevant housing service.\ns 156 def relevant property amd 2017 No. 42 s 6\nrelevant receipts , for an accommodation provider, means—\namounts paid to the provider by the chief executive or the QHC as grants, loans or other financial assistance for the purpose of providing a relevant housing service; and\nrent or other income from the provider’s relevant property; and\nthe proceeds of sale of the provider’s relevant property; and\nfees for providing relevant goods and services; and\ninterest received on an amount mentioned in paragraphs (a) to (d).\ntransitional period means the period—\nstarting on the commencement; and\nending on—\nthe prescribed day; or\nif a day is not prescribed—the day that is 18 months after the commencement.\ns 156 ins 2013 No. 5 s 54\n- (a) registered under the former Act; and\n- (b) providing a relevant housing service.\n- (a) starting on the commencement; and\n- (b) ending on— (i) the prescribed day; or (ii) if a day is not prescribed—the day that is 1 year after the commencement.\n- (i) the prescribed day; or\n- (ii) if a day is not prescribed—the day that is 1 year after the commencement.\n- (i) the prescribed day; or\n- (ii) if a day is not prescribed—the day that is 1 year after the commencement.\n- (a) an assistance agreement under the former section 25 that was current immediately before the commencement;\n- (b) a continuing agreement under the former section 127 that was current immediately before the commencement.\n- (a) registered under this Act; and\n- (b) providing a housing service under the former section 8 that was not, or did not include, a relevant housing service.\n- (a) the provider’s relevant property;\n- (b) the provider’s relevant receipts.\n- (a) property transferred or leased by the chief executive or the Queensland Housing Commission (the QHC ) to the provider for the purpose of providing a relevant housing service;\n- (b) property bought or leased by the provider using funds entirely or partly provided by— (i) a grant, loan or other financial assistance given by the chief executive or the QHC for the purpose of providing a relevant housing service; or (ii) other relevant receipts;\n- (i) a grant, loan or other financial assistance given by the chief executive or the QHC for the purpose of providing a relevant housing service; or\n- (ii) other relevant receipts;\n- (c) property, in which the provider has an interest, if work of any nature has been carried out in relation to the property— (i) using funds entirely or partly provided by— (A) a grant, loan or other financial assistance given by the chief executive, or the QHC, for the purpose of providing a relevant housing service; or (B) other relevant receipts; or (ii) by the chief executive, or the QHC, for the purpose of providing a relevant housing service; or (iii) with other assistance given by the chief executive, or the QHC, for the purpose of providing a relevant housing service.\n- (i) using funds entirely or partly provided by— (A) a grant, loan or other financial assistance given by the chief executive, or the QHC, for the purpose of providing a relevant housing service; or (B) other relevant receipts; or\n- (A) a grant, loan or other financial assistance given by the chief executive, or the QHC, for the purpose of providing a relevant housing service; or\n- (B) other relevant receipts; or\n- (ii) by the chief executive, or the QHC, for the purpose of providing a relevant housing service; or\n- (iii) with other assistance given by the chief executive, or the QHC, for the purpose of providing a relevant housing service.\n- (i) a grant, loan or other financial assistance given by the chief executive or the QHC for the purpose of providing a relevant housing service; or\n- (ii) other relevant receipts;\n- (i) using funds entirely or partly provided by— (A) a grant, loan or other financial assistance given by the chief executive, or the QHC, for the purpose of providing a relevant housing service; or (B) other relevant receipts; or\n- (A) a grant, loan or other financial assistance given by the chief executive, or the QHC, for the purpose of providing a relevant housing service; or\n- (B) other relevant receipts; or\n- (ii) by the chief executive, or the QHC, for the purpose of providing a relevant housing service; or\n- (iii) with other assistance given by the chief executive, or the QHC, for the purpose of providing a relevant housing service.\n- (A) a grant, loan or other financial assistance given by the chief executive, or the QHC, for the purpose of providing a relevant housing service; or\n- (B) other relevant receipts; or\n- (a) amounts paid to the provider by the chief executive or the QHC as grants, loans or other financial assistance for the purpose of providing a relevant housing service; and\n- (b) rent or other income from the provider’s relevant property; and\n- (c) the proceeds of sale of the provider’s relevant property; and\n- (d) fees for providing relevant goods and services; and\n- (e) interest received on an amount mentioned in paragraphs (a) to (d).\n- (a) starting on the commencement; and\n- (b) ending on— (i) the prescribed day; or (ii) if a day is not prescribed—the day that is 18 months after the commencement.\n- (i) the prescribed day; or\n- (ii) if a day is not prescribed—the day that is 18 months after the commencement.\n- (i) the prescribed day; or\n- (ii) if a day is not prescribed—the day that is 18 months after the commencement.","sortOrder":245},{"sectionNumber":"sec.157","sectionType":"section","heading":"Existing registration of other registered providers is cancelled","content":"### sec.157 Existing registration of other registered providers is cancelled\n\nOn the commencement, the registration of each other registered provider under the former Act is cancelled.\nThe cancellation under subsection (1) of another registered provider’s registration does not affect the provision of funding to the provider under an existing assistance agreement to which the provider is a party.\nAs soon as practicable after the commencement, the chief executive must give each other registered provider a notice stating that—\nthe provider’s registration under the former Act has been cancelled; and\nthe cancellation does not affect the provider’s ability to continue providing a housing service that is an ancillary housing service under section 8; and\nthe cancellation does not affect any existing assistance agreement between the provider and the chief executive.\ns 157 ins 2013 No. 5 s 54\n(sec.157-ssec.1) On the commencement, the registration of each other registered provider under the former Act is cancelled.\n(sec.157-ssec.2) The cancellation under subsection (1) of another registered provider’s registration does not affect the provision of funding to the provider under an existing assistance agreement to which the provider is a party.\n(sec.157-ssec.3) As soon as practicable after the commencement, the chief executive must give each other registered provider a notice stating that— the provider’s registration under the former Act has been cancelled; and the cancellation does not affect the provider’s ability to continue providing a housing service that is an ancillary housing service under section 8; and the cancellation does not affect any existing assistance agreement between the provider and the chief executive.\n- (a) the provider’s registration under the former Act has been cancelled; and\n- (b) the cancellation does not affect the provider’s ability to continue providing a housing service that is an ancillary housing service under section 8; and\n- (c) the cancellation does not affect any existing assistance agreement between the provider and the chief executive.","sortOrder":246},{"sectionNumber":"sec.158","sectionType":"section","heading":"Accommodation providers capable of registration under pt 4A","content":"### sec.158 Accommodation providers capable of registration under pt 4A\n\nThis section applies to an accommodation provider if the provider—\nintends to continue providing a community housing service in this jurisdiction after the commencement, whether exclusively or in conjunction with an ancillary housing service; and\nis capable of being registered under part 4A as either—\na national provider for which this jurisdiction is the primary jurisdiction; or\na state provider.\nFrom the commencement—\nthe accommodation provider’s registration under the former Act continues and the provider must comply with—\na prescribed requirement; and\nthe former section 37; and\neach existing assistance agreement to which the provider is a party continues.\nBefore the application period ends, the accommodation provider may apply under section 37B for registration.\nIf the accommodation provider applies under section 37B before the application period ends and the registrar approves the application, on the registration of the provider under part 4A—\nthe provider’s registration under the former Act is cancelled; and\nan existing assistance agreement to which the provider is a party continues until it is terminated or otherwise ends.\ns 158 ins 2013 No. 5 s 54\n(sec.158-ssec.1) This section applies to an accommodation provider if the provider— intends to continue providing a community housing service in this jurisdiction after the commencement, whether exclusively or in conjunction with an ancillary housing service; and is capable of being registered under part 4A as either— a national provider for which this jurisdiction is the primary jurisdiction; or a state provider.\n(sec.158-ssec.2) From the commencement— the accommodation provider’s registration under the former Act continues and the provider must comply with— a prescribed requirement; and the former section 37; and each existing assistance agreement to which the provider is a party continues.\n(sec.158-ssec.3) Before the application period ends, the accommodation provider may apply under section 37B for registration.\n(sec.158-ssec.4) If the accommodation provider applies under section 37B before the application period ends and the registrar approves the application, on the registration of the provider under part 4A— the provider’s registration under the former Act is cancelled; and an existing assistance agreement to which the provider is a party continues until it is terminated or otherwise ends.\n- (a) intends to continue providing a community housing service in this jurisdiction after the commencement, whether exclusively or in conjunction with an ancillary housing service; and\n- (b) is capable of being registered under part 4A as either— (i) a national provider for which this jurisdiction is the primary jurisdiction; or (ii) a state provider.\n- (i) a national provider for which this jurisdiction is the primary jurisdiction; or\n- (ii) a state provider.\n- (i) a national provider for which this jurisdiction is the primary jurisdiction; or\n- (ii) a state provider.\n- (a) the accommodation provider’s registration under the former Act continues and the provider must comply with— (i) a prescribed requirement; and (ii) the former section 37; and\n- (i) a prescribed requirement; and\n- (ii) the former section 37; and\n- (b) each existing assistance agreement to which the provider is a party continues.\n- (i) a prescribed requirement; and\n- (ii) the former section 37; and\n- (a) the provider’s registration under the former Act is cancelled; and\n- (b) an existing assistance agreement to which the provider is a party continues until it is terminated or otherwise ends.","sortOrder":247},{"sectionNumber":"sec.159","sectionType":"section","heading":"Transitional arrangements for particular accommodation providers mentioned in s 158","content":"### sec.159 Transitional arrangements for particular accommodation providers mentioned in s 158\n\nThis section applies if an accommodation provider mentioned in section 158—\ndoes not apply for registration under section 37B before the application period ends; or\napplies but is refused registration under part 4A.\nThe accommodation provider must transfer or otherwise dispose of each of the provider’s relevant assets in the prescribed way—\nbefore the transitional period ends; or\nif the provider applies under section 65 for a review of the registrar’s decision to refuse the application and the registrar’s decision is confirmed on review—the day that is 6 months after the day the registrar’s decision is confirmed.\ns 159 ins 2013 No. 5 s 54\n(sec.159-ssec.1) This section applies if an accommodation provider mentioned in section 158— does not apply for registration under section 37B before the application period ends; or applies but is refused registration under part 4A.\n(sec.159-ssec.2) The accommodation provider must transfer or otherwise dispose of each of the provider’s relevant assets in the prescribed way— before the transitional period ends; or if the provider applies under section 65 for a review of the registrar’s decision to refuse the application and the registrar’s decision is confirmed on review—the day that is 6 months after the day the registrar’s decision is confirmed.\n- (a) does not apply for registration under section 37B before the application period ends; or\n- (b) applies but is refused registration under part 4A.\n- (a) before the transitional period ends; or\n- (b) if the provider applies under section 65 for a review of the registrar’s decision to refuse the application and the registrar’s decision is confirmed on review—the day that is 6 months after the day the registrar’s decision is confirmed.","sortOrder":248},{"sectionNumber":"sec.160","sectionType":"section","heading":"Cancellation of registration etc.","content":"### sec.160 Cancellation of registration etc.\n\nOn the completion of the transfer or disposition of an accommodation provider’s relevant assets under section 159—\nthe provider’s registration under the former Act is cancelled; and\nan existing assistance agreement to which the accommodation provider is a party is terminated.\nFor subsection (1)(b), it does not matter that the accommodation provider is not required by the existing assistance agreement to be registered under the former Act to receive funding under the agreement.\nIf the accommodation provider fails to transfer or dispose of the provider’s relevant assets within the time required under section 159, the provider is taken to have contravened each existing assistance agreement to which the provider is a party.\ns 160 ins 2013 No. 5 s 54\n(sec.160-ssec.1) On the completion of the transfer or disposition of an accommodation provider’s relevant assets under section 159— the provider’s registration under the former Act is cancelled; and an existing assistance agreement to which the accommodation provider is a party is terminated.\n(sec.160-ssec.2) For subsection (1)(b), it does not matter that the accommodation provider is not required by the existing assistance agreement to be registered under the former Act to receive funding under the agreement.\n(sec.160-ssec.3) If the accommodation provider fails to transfer or dispose of the provider’s relevant assets within the time required under section 159, the provider is taken to have contravened each existing assistance agreement to which the provider is a party.\n- (a) the provider’s registration under the former Act is cancelled; and\n- (b) an existing assistance agreement to which the accommodation provider is a party is terminated.","sortOrder":249},{"sectionNumber":"sec.161","sectionType":"section","heading":"Accommodation providers not capable of registration under pt 4A","content":"### sec.161 Accommodation providers not capable of registration under pt 4A\n\nThis section applies to an accommodation provider if the provider—\nis a national entity; and\nwas, immediately before the commencement, providing a relevant housing service in this jurisdiction; and\nintends, after the commencement, to continue providing a community housing service in this jurisdiction; and\nis not eligible to be registered under part 4A because the provider will be providing most of its community housing services in another participating jurisdiction.\nFrom the commencement—\nthe accommodation provider’s registration under the former Act continues and the provider must comply with—\na prescribed requirement; and\nthe former section 37; and\neach existing assistance agreement to which the provider is a party continues.\nBefore the application period ends, the accommodation provider may apply for registration under the corresponding law of the participating jurisdiction that would be the provider’s primary jurisdiction (the relevant jurisdiction ).\nIf the accommodation provider applies for registration under the corresponding law of the relevant jurisdiction before the application period ends, the provider must—\nas soon as practicable after the provider makes the application, give the registrar notice of the application; and\nas soon as practicable after the registrar of the relevant jurisdiction (the other registrar ) decides the provider’s application, give the registrar notice of the other registrar’s decision.\nIf the other registrar approves the accommodation provider’s application for registration, on the registration of the provider under the corresponding law—\nthe provider’s registration under the former Act is cancelled; and\nan existing assistance agreement to which the provider is a party continues until it is terminated or otherwise ends.\ns 161 ins 2013 No. 5 s 54\n(sec.161-ssec.1) This section applies to an accommodation provider if the provider— is a national entity; and was, immediately before the commencement, providing a relevant housing service in this jurisdiction; and intends, after the commencement, to continue providing a community housing service in this jurisdiction; and is not eligible to be registered under part 4A because the provider will be providing most of its community housing services in another participating jurisdiction.\n(sec.161-ssec.2) From the commencement— the accommodation provider’s registration under the former Act continues and the provider must comply with— a prescribed requirement; and the former section 37; and each existing assistance agreement to which the provider is a party continues.\n(sec.161-ssec.3) Before the application period ends, the accommodation provider may apply for registration under the corresponding law of the participating jurisdiction that would be the provider’s primary jurisdiction (the relevant jurisdiction ).\n(sec.161-ssec.4) If the accommodation provider applies for registration under the corresponding law of the relevant jurisdiction before the application period ends, the provider must— as soon as practicable after the provider makes the application, give the registrar notice of the application; and as soon as practicable after the registrar of the relevant jurisdiction (the other registrar ) decides the provider’s application, give the registrar notice of the other registrar’s decision.\n(sec.161-ssec.5) If the other registrar approves the accommodation provider’s application for registration, on the registration of the provider under the corresponding law— the provider’s registration under the former Act is cancelled; and an existing assistance agreement to which the provider is a party continues until it is terminated or otherwise ends.\n- (a) is a national entity; and\n- (b) was, immediately before the commencement, providing a relevant housing service in this jurisdiction; and\n- (c) intends, after the commencement, to continue providing a community housing service in this jurisdiction; and\n- (d) is not eligible to be registered under part 4A because the provider will be providing most of its community housing services in another participating jurisdiction.\n- (a) the accommodation provider’s registration under the former Act continues and the provider must comply with— (i) a prescribed requirement; and (ii) the former section 37; and\n- (i) a prescribed requirement; and\n- (ii) the former section 37; and\n- (b) each existing assistance agreement to which the provider is a party continues.\n- (i) a prescribed requirement; and\n- (ii) the former section 37; and\n- (a) as soon as practicable after the provider makes the application, give the registrar notice of the application; and\n- (b) as soon as practicable after the registrar of the relevant jurisdiction (the other registrar ) decides the provider’s application, give the registrar notice of the other registrar’s decision.\n- (a) the provider’s registration under the former Act is cancelled; and\n- (b) an existing assistance agreement to which the provider is a party continues until it is terminated or otherwise ends.","sortOrder":250},{"sectionNumber":"sec.162","sectionType":"section","heading":"Transitional arrangements for particular accommodation providers mentioned in s 161","content":"### sec.162 Transitional arrangements for particular accommodation providers mentioned in s 161\n\nThis section applies if an accommodation provider mentioned in section 161—\ndoes not apply for registration under the corresponding law of the relevant jurisdiction before the application period ends; or\napplies but is refused registration by the other registrar.\nThe accommodation provider must transfer or otherwise dispose of each of the provider’s relevant assets in the prescribed way—\nbefore the transitional period ends; or\nif the provider applies under the corresponding law of the relevant jurisdiction for a review of the other registrar’s decision to refuse the application and the other registrar’s decision is confirmed on the review—the day that is 6 months after the day the other registrar’s decision is confirmed.\ns 162 ins 2013 No. 5 s 54\n(sec.162-ssec.1) This section applies if an accommodation provider mentioned in section 161— does not apply for registration under the corresponding law of the relevant jurisdiction before the application period ends; or applies but is refused registration by the other registrar.\n(sec.162-ssec.2) The accommodation provider must transfer or otherwise dispose of each of the provider’s relevant assets in the prescribed way— before the transitional period ends; or if the provider applies under the corresponding law of the relevant jurisdiction for a review of the other registrar’s decision to refuse the application and the other registrar’s decision is confirmed on the review—the day that is 6 months after the day the other registrar’s decision is confirmed.\n- (a) does not apply for registration under the corresponding law of the relevant jurisdiction before the application period ends; or\n- (b) applies but is refused registration by the other registrar.\n- (a) before the transitional period ends; or\n- (b) if the provider applies under the corresponding law of the relevant jurisdiction for a review of the other registrar’s decision to refuse the application and the other registrar’s decision is confirmed on the review—the day that is 6 months after the day the other registrar’s decision is confirmed.","sortOrder":251},{"sectionNumber":"sec.163","sectionType":"section","heading":"Cancellation of registration etc.","content":"### sec.163 Cancellation of registration etc.\n\nOn the completion of the transfer or disposition of an accommodation provider’s relevant assets under section 162—\nthe provider’s registration under the former Act is cancelled; and\nan existing assistance agreement to which the accommodation provider is a party is terminated.\nFor subsection (1)(b), it does not matter that the accommodation provider is not required by the existing assistance agreement to be registered under the former Act in order to receive funding under the agreement.\nIf the accommodation provider fails to transfer or dispose of the provider’s relevant assets within the time required under section 162, the provider is taken to have contravened each existing assistance agreement to which the provider is a party.\ns 163 ins 2013 No. 5 s 54\n(sec.163-ssec.1) On the completion of the transfer or disposition of an accommodation provider’s relevant assets under section 162— the provider’s registration under the former Act is cancelled; and an existing assistance agreement to which the accommodation provider is a party is terminated.\n(sec.163-ssec.2) For subsection (1)(b), it does not matter that the accommodation provider is not required by the existing assistance agreement to be registered under the former Act in order to receive funding under the agreement.\n(sec.163-ssec.3) If the accommodation provider fails to transfer or dispose of the provider’s relevant assets within the time required under section 162, the provider is taken to have contravened each existing assistance agreement to which the provider is a party.\n- (a) the provider’s registration under the former Act is cancelled; and\n- (b) an existing assistance agreement to which the accommodation provider is a party is terminated.","sortOrder":252},{"sectionNumber":"sec.164","sectionType":"section","heading":"Existing application under former s 28","content":"### sec.164 Existing application under former s 28\n\nThis section applies to an application made under the former section 28 that, immediately before the commencement, had not been finally dealt with.\nFrom the commencement—\nif the application related to the proposed provision of a relevant housing service—the application is taken to have been made under section 37B; and\nif the application related to the proposed provision of a housing service other than a relevant housing service—the application is taken to have been withdrawn and no further action is to be taken in relation to it.\ns 164 ins 2013 No. 5 s 54\n(sec.164-ssec.1) This section applies to an application made under the former section 28 that, immediately before the commencement, had not been finally dealt with.\n(sec.164-ssec.2) From the commencement— if the application related to the proposed provision of a relevant housing service—the application is taken to have been made under section 37B; and if the application related to the proposed provision of a housing service other than a relevant housing service—the application is taken to have been withdrawn and no further action is to be taken in relation to it.\n- (a) if the application related to the proposed provision of a relevant housing service—the application is taken to have been made under section 37B; and\n- (b) if the application related to the proposed provision of a housing service other than a relevant housing service—the application is taken to have been withdrawn and no further action is to be taken in relation to it.","sortOrder":253},{"sectionNumber":"sec.165","sectionType":"section","heading":"Existing application for cancellation of registration","content":"### sec.165 Existing application for cancellation of registration\n\nThis section applies to an application under the former section 30 that, immediately before the commencement, had not been finally dealt with.\nFrom the commencement, the application may be dealt with under the former section 30 and the former part 6 as if the amending Act had not commenced.\ns 165 ins 2013 No. 5 s 54\n(sec.165-ssec.1) This section applies to an application under the former section 30 that, immediately before the commencement, had not been finally dealt with.\n(sec.165-ssec.2) From the commencement, the application may be dealt with under the former section 30 and the former part 6 as if the amending Act had not commenced.","sortOrder":254},{"sectionNumber":"sec.166","sectionType":"section","heading":"Existing notice of proposed cancellation of registration","content":"### sec.166 Existing notice of proposed cancellation of registration\n\nA notice given to an accommodation provider under the former section 31 that had not, immediately before the commencement, been finally dealt with may, from the commencement, continue to be dealt with under that section as if the amending Act had not commenced.\nIf the chief executive decides to cancel the accommodation provider’s registration, the former part 6 applies to that decision as if the decision had been made before the commencement.\ns 166 ins 2013 No. 5 s 54\n(sec.166-ssec.1) A notice given to an accommodation provider under the former section 31 that had not, immediately before the commencement, been finally dealt with may, from the commencement, continue to be dealt with under that section as if the amending Act had not commenced.\n(sec.166-ssec.2) If the chief executive decides to cancel the accommodation provider’s registration, the former part 6 applies to that decision as if the decision had been made before the commencement.","sortOrder":255},{"sectionNumber":"sec.167","sectionType":"section","heading":"Existing appointment of interim manager continues","content":"### sec.167 Existing appointment of interim manager continues\n\nThis section applies if, immediately before the commencement, a person held office under the former part 5 as an interim manager of a funded service.\nFrom the commencement, the person’s appointment continues under the former part 5 as if the amending Act had not commenced, until the earlier of the following occurs—\nthe period of the person’s appointment ends;\nthe chief executive ends the appointment under the former section 47.\ns 167 ins 2013 No. 5 s 54\n(sec.167-ssec.1) This section applies if, immediately before the commencement, a person held office under the former part 5 as an interim manager of a funded service.\n(sec.167-ssec.2) From the commencement, the person’s appointment continues under the former part 5 as if the amending Act had not commenced, until the earlier of the following occurs— the period of the person’s appointment ends; the chief executive ends the appointment under the former section 47.\n- (a) the period of the person’s appointment ends;\n- (b) the chief executive ends the appointment under the former section 47.","sortOrder":256},{"sectionNumber":"sec.168","sectionType":"section","heading":"Review of decision to appoint interim manager","content":"### sec.168 Review of decision to appoint interim manager\n\nThis section applies if, immediately before the commencement—\na person was entitled to be given a notice about a decision by the chief executive to appoint an interim manager under the former part 5, division 2; and\nthe period during which an application for review of the decision may be made had not ended.\nFrom the commencement, the application for review may be made and decided as if the amending Act had not commenced.\ns 168 ins 2013 No. 5 s 54\n(sec.168-ssec.1) This section applies if, immediately before the commencement— a person was entitled to be given a notice about a decision by the chief executive to appoint an interim manager under the former part 5, division 2; and the period during which an application for review of the decision may be made had not ended.\n(sec.168-ssec.2) From the commencement, the application for review may be made and decided as if the amending Act had not commenced.\n- (a) a person was entitled to be given a notice about a decision by the chief executive to appoint an interim manager under the former part 5, division 2; and\n- (b) the period during which an application for review of the decision may be made had not ended.","sortOrder":257},{"sectionNumber":"sec.169","sectionType":"section","heading":"No registration under former s 127","content":"### sec.169 No registration under former s 127\n\nFrom the commencement, an entity mentioned in the former section 127(1) can not be registered under section 127.\ns 169 ins 2013 No. 5 s 54","sortOrder":258},{"sectionNumber":"sec.170","sectionType":"section","heading":"References in Acts and documents","content":"### sec.170 References in Acts and documents\n\nA reference in an Act or document to ‘assistance’ given by the chief executive under this Act is taken, from the commencement and if the context permits, to be a reference to ‘funding’.\nA reference in an Act or document to an ‘assistance agreement’ under this Act is taken, from the commencement and if the context permits, to be a reference to a ‘funding agreement’.\nA reference in an Act or document to a ‘funded service’ under this Act is taken, from the commencement and if the context permits, to be a reference to a ‘housing service for which a funded provider receives funding.\ns 170 ins 2013 No. 5 s 54\n(sec.170-ssec.1) A reference in an Act or document to ‘assistance’ given by the chief executive under this Act is taken, from the commencement and if the context permits, to be a reference to ‘funding’.\n(sec.170-ssec.2) A reference in an Act or document to an ‘assistance agreement’ under this Act is taken, from the commencement and if the context permits, to be a reference to a ‘funding agreement’.\n(sec.170-ssec.3) A reference in an Act or document to a ‘funded service’ under this Act is taken, from the commencement and if the context permits, to be a reference to a ‘housing service for which a funded provider receives funding.","sortOrder":259},{"sectionNumber":"pt.10-div.8","sectionType":"division","heading":"Transitional provision for Housing Legislation (Building Better Futures) Amendment Act 2017","content":"## Transitional provision for Housing Legislation (Building Better Futures) Amendment Act 2017","sortOrder":260},{"sectionNumber":"sec.171","sectionType":"section","heading":"Application of amended s 156, def relevant property","content":"### sec.171 Application of amended s 156, def relevant property\n\nThe commencement of the amendment of section 156, definition relevant property , by the Housing Legislation (Building Better Futures) Amendment Act 2017 , section 6 is taken to have had effect from the commencement of the Housing and Other Legislation Amendment Act 2013 , section 54 .\nThe Housing and Other Legislation Amendment Act 2013 , section 54 inserted section 156.\ns 171 ins 2017 No. 42 s 7","sortOrder":261},{"sectionNumber":"sch.3-pt.1","sectionType":"part","heading":"Conditions applying to registration of national providers","content":"# Conditions applying to registration of national providers","sortOrder":262},{"sectionNumber":"sch.3-sec.1","sectionType":"section","heading":"Compliance with corresponding law","content":"### sch.3-sec.1 Compliance with corresponding law\n\nA national provider for which this jurisdiction is the primary jurisdiction must comply with any applicable requirement of the corresponding law of another participating jurisdiction in relation to the transfer of, or other dealing with, a national community housing asset of the provider.","sortOrder":263},{"sectionNumber":"sch.3-sec.2","sectionType":"section","heading":"Constitution to provide for transfer of national community housing assets on winding-up","content":"### sch.3-sec.2 Constitution to provide for transfer of national community housing assets on winding-up\n\nA national provider for which this jurisdiction is the primary jurisdiction must have provision in its constitution for each remaining national community housing asset of the provider to be transferred, on the winding-up of the provider—\nif the asset is located in this jurisdiction—under this Act; or\nif the asset is located in another participating jurisdiction—under the corresponding law of that jurisdiction.\n- (a) if the asset is located in this jurisdiction—under this Act; or\n- (b) if the asset is located in another participating jurisdiction—under the corresponding law of that jurisdiction.","sortOrder":264},{"sectionNumber":"sch.3-sec.3","sectionType":"section","heading":"Provision of information to registrar of another participating jurisdiction","content":"### sch.3-sec.3 Provision of information to registrar of another participating jurisdiction\n\nA national provider for which this jurisdiction is the primary jurisdiction must comply with a written request by a registrar of another participating jurisdiction for information about the provider’s affairs, including a request to produce a specified document or record.\nThis provider must comply with the request within—\n14 days after receiving the request; or\nif a longer period is stated in the request—the stated period.\n(sch.3-sec.3-ssec.1) A national provider for which this jurisdiction is the primary jurisdiction must comply with a written request by a registrar of another participating jurisdiction for information about the provider’s affairs, including a request to produce a specified document or record.\n(sch.3-sec.3-ssec.2) This provider must comply with the request within— 14 days after receiving the request; or if a longer period is stated in the request—the stated period.\n- (a) 14 days after receiving the request; or\n- (b) if a longer period is stated in the request—the stated period.","sortOrder":265},{"sectionNumber":"sch.3-sec.4","sectionType":"section","heading":"Attendance at meeting with registrar of another participating jurisdiction to answer questions","content":"### sch.3-sec.4 Attendance at meeting with registrar of another participating jurisdiction to answer questions\n\nIf a registrar of another participating jurisdiction makes a written request that a national provider for which this jurisdiction is the primary jurisdiction attend a meeting with the registrar to answer questions about the provider’s affairs, the provider must ensure that an appropriately qualified officer or employee of the provider attends the meeting at the time and place stated in the request.","sortOrder":266},{"sectionNumber":"sch.3-sec.5","sectionType":"section","heading":"Allowing registrar of another participating jurisdiction to inspect premises or records","content":"### sch.3-sec.5 Allowing registrar of another participating jurisdiction to inspect premises or records\n\nA national provider for which this jurisdiction is the primary jurisdiction must allow a registrar of another participating jurisdiction to enter the provider’s premises during business hours for the purpose of the registrar inspecting the premises or the provider’s records.","sortOrder":267},{"sectionNumber":"sch.3-sec.6","sectionType":"section","heading":"Requirement to notify registrar of particular events","content":"### sch.3-sec.6 Requirement to notify registrar of particular events\n\nA national provider for which this jurisdiction is the primary jurisdiction must notify the registrar of any of the following events mentioned in column 1, within the time stated opposite the event, in column 2—\nColumn 1\nColumn 2\nEvent\nTime within which registrar must be notified\na decision to appoint a voluntary administrator to the provider\nas soon as practicable after the decision\na decision to wind-up the provider\nas soon as practicable after the decision\nthe appointment of a receiver to the provider\nas soon as practicable after the provider learns of the receiver’s appointment\na decision to apply for cancellation of the provider’s registration on the national register\nas soon as practicable after the decision and at least 28 days before the day the application is made\na decision to conduct a vote at a meeting on a matter that may affect the provider’s eligibility to remain registered on the national register or the category of the provider’s registration\nas soon as practicable after the decision and at least 28 days before the day the meeting is held\na change in the provider’s affairs that may have an adverse impact on its compliance with this Act or the corresponding law of another participating jurisdiction\nbefore the change or within 3 days after the change\nany other event for which the registrar gives the provider notice\nwithin the time stated in the notice","sortOrder":268},{"sectionNumber":"sch.3-pt.2","sectionType":"part","heading":"Condition applying to registration of state providers","content":"# Condition applying to registration of state providers","sortOrder":269},{"sectionNumber":"sch.3-sec.7","sectionType":"section","heading":"State provider to provide community housing service in this jurisdiction","content":"### sch.3-sec.7 State provider to provide community housing service in this jurisdiction\n\nA state provider may provide a community housing service in this jurisdiction only.\nsch 3 ins 2013 No. 5 s 56","sortOrder":270}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act, as presented, has grown beyond a narrow statutory vehicle for State public housing. It now provides an integrated funding and regulatory framework for non‑State community housing providers (Part 4A), including a national register, cross‑jurisdiction coordination, and enforcement tools (binding instructions, statutory managers). It also adds detailed confidentiality, land/title recording (charitable donation deeds) and planning/transfer rules (secs 36–38, 94I–94K, 94F–94H). Those additions broaden the Act from administering state‑owned housing stock and loans to actively shaping how community and private entities are funded, regulated and permitted to operate — expanding the State’s role from provider to sector regulator and funder. This expansion is visible in the insertion of Part 4A (national registration and enforcement), the interim/ statutory manager regimes (Parts 4A, 5), and new confidentiality/title recording provisions (secs 94A–94K)."},"complexity_factors":["Lengthy Act with many Parts and Schedules (Parts 1–10, multiple schedules and extensive transitional provisions).","Extensive defined terms and cross‑references (definition schedule referenced; frequent cross‑references to other Acts: Planning Act, Residential Tenancies and Rooming Accommodation Act, Corporations Act, Land Act, Child Protection Act, Corrective Services Act, Financial Accountability Act).","Multiple overlapping enforcement pathways: compliance notices (s 35), binding instructions (s 38B), notices of intent to cancel (s 38C), statutory managers (s 38D), interim managers (Part 5) and funding agreement remedies (ss 25–26).","National/state registration architecture (Part 4A) with inter‑jurisdictional delegation, primary jurisdiction rules and public national register (ss 36A, 36D–36J, 37–37A) increases coordination complexity.","Numerous conditional rules and exceptions (for example: when registrar is independent vs subject to Minister; restrictions on disclosure of occupant information; exceptions for residences re entry powers — ss 36E, 37F, 76–79).","High number of transitional and savings provisions (Part 10, sections 110–171) that preserve and migrate rights/obligations from the repealed Act, complicating legacy-contract and asset treatment.","Substantial confidentiality carve‑outs and inter‑agency disclosure rules with heavy penalties and civil liability permissions (secs 94A–94E).","Administrative review and stay regime with differing time limits and review routes for chief executive vs registrar decisions (secs 63–67)."],"plain_english_summary":"**What this law does (mechanically)**\n\n- Establishes a Queensland housing framework that (a) runs public housing and other housing services, (b) creates the Queensland Housing Fund to hold and spend housing money, and (c) sets rules for giving money, land or other assistance to non‑state housing providers (funded providers) and for regulating how that assistance is used (secs 4, 10, 21–25).\n\n- Gives the chief executive broad operational powers to use the Fund and portfolio property to achieve the Act’s goals—providing public housing, making grants/loans/land available, conducting research, and entering commercial arrangements (secs 11–13, 12). The chief executive can waive debts in appropriate cases (s 14).\n\n- Creates a regulated system for funded providers. Only registered or exempt entities may receive funding to deliver social housing (s 22). Funding is supplied under funding agreements that may set repayment conditions and reporting/accountability requirements (ss 23–26, 25). Regulations may prescribe operational, governance and tenancy requirements for funded providers, and noncompliance can attract compliance notices and limits on future funding (ss 33–35).\n\n- Establishes a national and state registration regime for community housing providers (Part 4A). It sets up a registrar with independent decision‑making powers for registration, conditions, monitoring, and enforcement; public registers; and the ability to impose conditions, give binding instructions, cancel registration and, if necessary, appoint statutory managers (secs 36–38, 37, 37A, 37D–37G, 38B–38D). The national register is intended to operate across participating jurisdictions (s 37).\n\n- Provides enforcement and intervention tools short of (and including) takeover: notices of noncompliance, binding instructions, notices of intent to cancel registration, statutory managers for registered providers, and no requirement to pay compensation to the State where these powers are exercised (ss 35, 38A–38G).\n\n- Allows the chief executive to appoint an interim manager to run the business of certain funded ancillary providers (those providing ancillary housing services but not social housing) when necessary to protect funded property, tenants’ rights or compliance with tenancy obligations. Interim managers can collect rents, enter/execute tenancy agreements on the provider’s behalf and access provider records; the provider ultimately remains liable for manager costs (Part 5, ss 39–60).\n\n- Sets review and administrative law safeguards: lists reviewable decisions (eligibility, placement, appointment of interim manager; registrar’s registration and enforcement decisions) and a process for internal review and stays (secs 63–67).\n\n- Creates information‑gathering and enforcement powers for authorised officers and the registrar—powers to require documents and information, enter non‑residential premises, inspect and copy records, and require attendance at meetings; and offences for false or misleading information (Part 7, ss 68–86; ss 17, 88–89).\n\n- Includes operational provisions on loan interest rates, confidentiality and information sharing between the department and approved providers for delivering housing services, special protections for highly sensitive confidential sources (child protection, corrective services, ambulance information), and land/transfer planning carve‑outs for public housing (secs 92–94E, 94F–94H, 94A–94E, 95).\n\n- Contains extensive savings and transitional provisions about the repeal of the old State Housing Act 1945 and the transfer of the Queensland Housing Commission’s assets, liabilities, staff and contracts to the State and department (Part 10).\n\n**Who it affects**\n\n- The State (through the Minister, chief executive and department) — who controls funding, asset use, registration, and enforcement (secs 10, 11, 12, 36C). The chief executive is the central decision‑maker for most operational matters (ss 11–15).\n\n- Existing and potential providers of housing services (public housing providers, community housing organisations, local governments, non‑profits and private entities). To receive funding for social housing an entity must be registered or be an exempt provider (s 22); registration brings governance, reporting and operational conditions (Part 4, Part 4A).\n\n- Tenants of public housing and of funded ancillary providers — they are affected by eligibility, tenancy rules, and in practice by compliance or intervention measures (pts 3, 5 and references to the Residential Tenancies and Rooming Accommodation Act where relevant: s 50).\n\n- Third parties interacting with providers (lenders, purchasers, contracting partners) because of funding agreement terms, register entries and possible transfers of community housing assets on cancellation or winding up (ss 25, 37H, sch 3).\n\n**Why it matters (stated purpose and how it is implemented mechanically)**\n\n- The Act’s stated purpose is to improve Queenslanders’ access to safe, secure, appropriate and affordable housing and to help build sustainable communities; it says these objects are achieved by State housing activities and by supporting/regulating non‑State providers through registration, funding and conditions (secs 4–5, 6).\n\n- Mechanically, the Act implements that purpose by concentrating funding and asset control in the chief executive/department (Fund and portfolio property — s 10; powers in ss 11–13), by making funding conditional on accountability and compliance (ss 21–26, 33–35), and by building a regulatory framework to monitor, intervene and, when necessary, take operational control of non‑state providers (Part 4A; division 4; Part 5). The national registration provisions (Part 4A) are designed to enable multi‑jurisdiction operation and consistent regulation with other participating jurisdictions (ss 36–37A).\n\n**Practical costs, incentives, trade‑offs and implementation risks**\n\n- Who pays: the State via the Queensland Housing Fund finances public housing, grants, loans and transfers (s 10). Funded providers may be required to repay unspent funds and can be required to meet conditions (ss 25–26). If the State appoints statutory or interim managers, the provider is liable for the manager’s costs (ss 38E, 59).\n\n- Who decides and where discretion sits: the chief executive holds large discretionary powers over use of funds, loans, interest rates, waivers, appointments of interim managers, and many administrative decisions (ss 11–14, 13, 40–46). The registrar has independent decision‑making for registration and enforcement under Part 4A but is subject to guidelines and inter‑jurisdiction arrangements (ss 36D–36H). These allocations concentrate decision rights in the department and the registrar.\n\n- Incentives and compliance burden on providers: registration is a pre‑condition for most funding and brings ongoing governance, financial management, reporting and tenancy requirements set by regulation and funding agreements. Noncompliance can trigger compliance notices, funding suspension, public register notices, binding instructions, cancellation and appointment of statutory managers (ss 22, 25, 33–35, 37D, 38A–38D). That creates compliance costs (reporting, audits, governance changes) for providers and may deter small/unregulated entrants from seeking funding.\n\n- Effects on private enterprise and competition: the Act opens pathways for community and non‑government providers to operate at scale (including across jurisdictions via national registration — ss 36–37A) and to receive public funding. At the same time it imposes governance, disclosure and operational constraints on those providers which may raise transaction costs and affect business models (ss 25, 33, sch 3). The requirement that funding recipients be registered or exempt (s 22) limits who can access public funding for social housing.\n\n- Trade‑offs between stability and property/contract freedom: the Act gives the State powers to impose conditions on funded assets, require transfers of community housing assets when registration is cancelled, and treat state development/ transfers in a particular planning light (secs 37H, 94F–94H). Those rules reduce uncertainty for the State and tenants but can restrict providers’ commercial disposal options.\n\n- Risks of concentrated discretion and implementation complexity: many remedial powers (compliance notices, binding instructions, manager appointments) turn on the chief executive’s or registrar’s reasonable belief or satisfaction (ss 35, 38B–38D, 41). That produces implementation risk (need for clear internal procedures and legal review) and possible contestation about when powers should be used; review rights exist but are administratively limited (ss 63–67).\n\n- Confidentiality vs. information‑sharing balance: the Act enables sharing of confidential client information between the department and approved providers for service delivery (ss 94A–94B) but preserves strict prohibitions for particularly sensitive categories (child protection, corrective services, ambulance information) with high penalties where those specific prohibitions apply (secs 94C–94E). This creates operational benefit for service coordination but legal risk if boundaries are not managed carefully.\n\n**Key practical actions for affected parties**\n\n- For entities wanting public funding for social housing: apply for registration (Part 4A) and prepare to meet prescribed governance, reporting and tenancy requirements (ss 37B–37D, 33).\n\n- For existing funded ancillary providers: maintain accurate, timely housing service information and be ready to comply with compliance notices; risk of interim management if funded property or tenant protections are at risk (pts 3–5).\n\n- For tenants and local stakeholders: lodging false or misleading information to officials is an offence (s 17) and changes in prescribed information must be notified (s 18); review and appeal routes exist for certain decisions (Part 6).\n\n(Representative citations: objectives ss 4–6; Queensland Housing Fund s 10; chief executive powers ss 11–15; funding and funded providers ss 21–27; prescribed requirements and compliance ss 33–35; Part 4A registration and enforcement ss 36–38 and 37D–37H; interim/intervention Part 5 ss 39–62; information powers Part 7 ss 68–83; confidentiality and title‑related provisions ss 94A–94K; review ss 63–67.)"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original Act (2003) focused primarily on direct State delivery of public housing and funding of non-government housing providers within Queensland. It has since been significantly expanded through the 2013 amendments to implement a national regulatory framework for community housing providers under an Inter-Governmental Agreement. This added an entire new Part 4A, introduced the concept of a national register operating across participating jurisdictions, created a semi-independent registrar role, and incorporated national regulatory codes and cross-jurisdictional compliance obligations — well beyond the original single-state housing administration framework."},"complexity_factors":["Dual registration system (national register and state register) with different rules for each, creating parallel regulatory tracks","Inter-governmental agreement implementation — the Act must align with corresponding laws in other Australian states and territories, adding an external legal layer","Multiple provider categories (national providers, state providers, registered providers, exempt providers, funded providers) with distinct rules for each","Extensive cross-referencing to schedules (Schedules 1, 2, 3, 4) and other Acts (Financial Accountability Act, Residential Tenancies and Rooming Accommodation Act, Public Sector Act, Corporations Act)","Registrar independence provisions create a nuanced governance structure where the registrar is simultaneously subject to, and independent from, the chief executive depending on the type of decision","Financial management provisions involving multiple funding streams, non-housing purpose limitations, and interaction with the Financial Accountability Act","Extraterritorial operation provisions extending the Act's reach beyond Queensland's borders","Significant reliance on regulations (prescribed requirements) for substantive operational detail, meaning the Act alone is incomplete without reading subordinate legislation","Delegation chains — registrar can delegate to other jurisdiction registrars, officers, or prescribed persons, with different restrictions for different powers","Multiple amendment rounds (2004, 2007, 2008, 2009, 2013, 2014, 2022, 2023) creating omitted and substituted sections that require careful navigation"],"plain_english_summary":"## Queensland Housing Act 2003 — What It Does and Who It Affects\n\n### The Big Picture\nThis is Queensland's main law governing how the government provides housing help to people who need it. It sets up the rules for **public housing** (homes rented directly by the Queensland government to people in need), **community housing** (housing provided by non-government organisations with government support), and various other housing assistance programs.\n\n### Who Does This Affect?\n- **Queenslanders needing housing help** — people applying for public housing, rental assistance, or home loans from the government\n- **Community housing organisations** — non-government charities and companies that receive government funding or land to provide affordable housing\n- **Tenants in public housing** — people already renting from the government\n- **The Queensland government** — sets out what the housing department must and can do\n\n### Key Things the Law Does\n\n**1. Sets clear goals:** The Act aims to give Queenslanders access to safe, secure and affordable housing, and to build sustainable communities that are socially and economically diverse.\n\n**2. Creates the Queensland Housing Fund:** A dedicated pool of money — funded by government budgets, Commonwealth grants, rent payments, loan repayments and property sales — used to pay for public housing, grants, loans, and administration costs.\n\n**3. Gives the housing department chief executive broad powers** to:\n- Provide and manage public housing\n- Give grants, loans or land to organisations providing housing services\n- Buy, sell and manage government-owned property\n- Set loan interest rates\n- Waive (write off) debts owed by people in genuine financial hardship\n\n**4. Protects against fraud:** It's a criminal offence (up to 10 penalty units, roughly $1,500) to give false information when applying for housing help or while receiving it. Tenants must also report certain changes (like income changes) within 28 days.\n\n**5. Regulates public housing tenants:** Tenants in government housing cannot sublet (rent to someone else) their home or allow unauthorised people to live there without written permission — breaking this rule is an offence.\n\n**6. Registers and regulates community housing providers:** Organisations providing community housing must be registered on either a national register (for organisations operating across multiple states) or a Queensland-only state register. A registrar (an independent official) oversees this process, with the power to:\n- Approve or reject registration applications\n- Monitor compliance with housing standards\n- Issue compliance notices\n- Appoint a manager to take over a poorly-run organisation\n- Cancel registrations\n\n**7. National cooperation:** Queensland participates in a national system for regulating community housing providers that operate across multiple states, sharing information and coordinating with other state registrars.\n\n### What This Means For You\n- If you apply for public housing or a government housing loan, **you must be honest** — lying is a criminal offence\n- If you're a public housing tenant, **you must live in the property yourself** and can't sublet it without permission\n- If you run a community housing organisation, **you must be registered** and comply with national and state standards to receive government funding\n- If you owe money to the housing department (e.g. unpaid rent), the government **can waive your debt** if you're in genuine hardship"},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.21","severity":"medium","reasoning":"Section 21(1) defines 'funding' as assistance provided to 'a funded provider', yet s.21(2) defines 'funded provider' by reference to an entity using 'funding'. Neither term can be understood independently of the other, creating a perfect definitional circle. A reader cannot determine what either term means without already knowing the other.","confidence":0.85,"description":"Circular definition of 'funded provider': the definition of 'funding' in s.21(1) refers to assistance provided to 'a funded provider', but 'funded provider' is only defined in s.21(2) as an entity providing services 'using funding'. Each term depends on the other for its meaning."},{"type":"other","section":"sec.8","severity":"low","reasoning":"Crisis accommodation is substantively the same activity as providing housing for residential use, yet the Act treats it as 'ancillary' rather than 'social'. The practical consequence is that crisis accommodation providers are regulated differently and funding eligibility (s.22) — which limits social housing funding to registered or exempt providers — may not apply to crisis accommodation providers at all, potentially creating a regulatory gap.","confidence":0.7,"description":"Crisis accommodation is simultaneously excluded from 'social housing service' (s.8(2)) but included as an 'ancillary housing service' (s.8(5)(b)(vi)), and both are declared to be species of the overarching 'housing service' (s.8(1)). This means crisis accommodation is a 'housing service' but not a 'social housing service', which is internally consistent, however the structural oddity arises because s.8(2) defines social housing service as 'provision of housing... other than crisis accommodation', implying crisis accommodation IS a provision of housing — it is just carved out. Yet s.8(5) then re-characterises it as an 'ancillary' service rather than a primary one, despite its nature being identical to social housing in substance."},{"type":"impossible_compliance","section":"sec.36H","severity":"medium","reasoning":"While this reflects an inter-governmental agreement structure, it creates a genuine compliance difficulty: the Queensland registrar's obligations can be altered without any Queensland legislative or executive action, and without any formal notification mechanism within Queensland law. A Queensland official is thus legally bound by instruments they have no statutory right to be notified of and which appear in another jurisdiction's publication system.","confidence":0.75,"description":"A Queensland state official (the registrar) is required to comply with guidelines published in the New South Wales Government Gazette or on the New South Wales legislation website. This creates an arrangement where the operative compliance obligations of a Queensland statutory officer are determined solely by reference to New South Wales publication mechanisms, meaning Queensland's registrar has no practical way of knowing whether guidelines have changed without monitoring another jurisdiction's gazette."},{"type":"self_contradicting","section":"sec.36E","severity":"medium","reasoning":"The carve-out in s.36E(2) covers approval/refusal of applications, imposition of conditions, variation of category, all enforcement and intervention functions, and cancellation of registration. These represent the entirety of the registrar's substantive decision-making functions. The residual 'subject to' relationship in s.36E(1) would therefore apply only to administrative and operational matters of the register, making the opening statement of subordination largely illusory and potentially misleading as to the true accountability structure.","confidence":0.8,"description":"The registrar is simultaneously described as being 'subject to the Minister and the chief executive' (s.36E(1)) and 'not subject to the control of the Minister or the chief executive' in making key decisions (s.36E(2)). The section attempts to carve out independence for specific decisions, but the blanket subjection in s.36E(1) followed immediately by the broad carve-out in s.36E(2) — which covers virtually all substantive decisions the registrar would make — renders the general subordination in s.36E(1) practically meaningless."},{"type":"other","section":"sec.17","severity":"low","reasoning":"If a person discloses the document is false and provides the correct information, no deception occurs and no offence would have been committed under s.17(1) anyway (since the recipient is not misled). If the person cannot provide the correct information, they must still explain how the document is false. The subsection appears to be aimed at situations where a person must submit a document they know to be deficient, but its practical scope is negligible and it may encourage submission of known false documents as long as the falsity is flagged.","confidence":0.65,"description":"The exception in s.17(2) allows a person to escape criminal liability for knowingly giving false or misleading housing service information, provided they tell the recipient 'to the best of the person's ability, how it is false or misleading' and provide the correct information if available. The subsection therefore permits a person to submit a document they know to be false or misleading, provided they simultaneously disclose its falsity — which is functionally equivalent to simply submitting accurate information. The provision is logically redundant and creates no real safe harbour for any practically distinct situation."},{"type":"impossible_compliance","section":"sec.10","severity":"low","reasoning":"The fund's non-housing payment mechanism requires an inflow before an outflow, but s.10(8) restricts inflows to amounts not required elsewhere. This creates a functional dead-end: if all non-housing amounts an entity might pay into the fund are 'required' to go elsewhere under other Acts, the non-housing payment mechanism in s.10(7) can never operate.","confidence":0.6,"description":"Section 10(7) permits non-housing amounts to be paid out of the Queensland Housing Fund, subject to the condition that the outgoing amount cannot exceed the amount paid in for that non-housing purpose. However, s.10(8) restricts amounts being paid INTO the fund to those not required to be paid into another fund. The interaction of these two subsections could result in a situation where a non-housing amount cannot be lawfully paid into the fund (due to s.10(8)), yet the conditions of s.10(7) make it impossible to pay any non-housing amount out of the fund (since nothing was paid in). The non-housing payment mechanism is thus potentially self-defeating."}],"contradictions":[{"severity":"low","section_a":"sec.3(1)","section_b":"sec.3(2)","confidence":0.6,"description":"Section 3(1) declares the Act binds all persons including the State and Commonwealth. Section 3(2) immediately provides that s.3(1) does not make the State, Commonwealth or another State liable for an offence. These two subsections are not contradictory in a strict legal sense (Crown immunity from criminal liability is a recognised doctrine), but the combination creates an anomaly: the Act 'binds' the Crown but imposes no enforceable obligation via criminal sanction. The practical binding effect on the Crown is therefore unclear — the Crown is bound but immune from the primary enforcement mechanism (penalty units) used throughout the Act."},{"severity":"low","section_a":"sec.22","section_b":"sec.27","confidence":0.55,"description":"Section 22 restricts funding for social housing services to registered providers or exempt providers, implying registration carries real practical significance (access to funding). Section 27 then expressly states that the chief executive is NOT required to give funding merely because an entity is a registered provider. These sections together create an asymmetric entitlement: registration is a necessary condition for funding eligibility but confers no right to funding. This is not a logical contradiction per se, but s.22's restriction becomes potentially hollow — entities incur the burden of registration without any corresponding right to the primary benefit registration is designed to enable."},{"severity":"medium","section_a":"sec.36E(1)","section_b":"sec.36E(2)","confidence":0.8,"description":"Section 36E(1) provides the registrar is subject to the Minister and the chief executive in controlling the registers. Section 36E(2) provides the registrar is NOT subject to their control in making decisions about registration approval/refusal, conditions, category variation, enforcement/intervention powers, and cancellation. Since these categories cover all substantive decisions the registrar makes under Part 4A, the general subordination in s.36E(1) directly contradicts the independence guaranteed in s.36E(2) for all material purposes."},{"severity":"medium","section_a":"sec.8(2)","section_b":"sec.8(5)(b)(vi)","confidence":0.7,"description":"Section 8(2) defines a 'social housing service' as the provision of housing to an individual for residential use, explicitly excluding crisis accommodation. Section 8(5)(b)(vi) includes the 'provision of crisis accommodation' as an 'ancillary housing service'. Crisis accommodation is the provision of temporary residential housing — substantively identical to what s.8(2) covers — yet the Act treats identical activity as 'ancillary' rather than 'social' based solely on its crisis nature. This creates inconsistent regulatory treatment: crisis accommodation providers are not subject to s.22's registration requirement for social housing funding, yet they provide what is functionally a primary housing service."},{"severity":"low","section_a":"sec.34","section_b":"sec.35(6)(a)","confidence":0.6,"description":"Section 34 states that a funded provider must not contravene a prescribed requirement. Section 35(6)(a) provides that if a provider contravenes a compliance notice (i.e. fails to remedy a prescribed requirement contravention), the chief executive 'is not required' to give further funding under any funding agreement in force. This means the penalty for non-compliance with a compliance notice is discretionary withdrawal of funding — yet s.34 frames the obligation as a mandatory duty. The enforcement mechanism in s.35(6) is insufficient to give practical effect to the mandatory duty in s.34, as the chief executive retains full discretion whether to withhold funding even after repeated non-compliance."}]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":751},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly from its original 2003 scope. The 2013 amendments (Part 4A) added a comprehensive national registration scheme for community housing providers, implementing an Inter-Governmental Agreement for cross-border regulation. Later amendments added charitable donation deeds (2023), confidentiality protections for information sharing (2014), and planning law exemptions for public housing development (2016). The original Act was primarily about Queensland public housing; it now regulates a national community housing sector and includes complex transitional arrangements for providers caught between old and new systems."},"complexity_factors":["Multiple overlapping regulatory schemes (public housing, community housing, funded providers, registered providers)","Extensive cross-referencing to other Queensland and Commonwealth legislation (Land Act, Residential Tenancies Act, Corporations Act, etc.)","Nested definitions: 'housing service' → 'social housing service' → 'community housing service' → 'public housing'","Dual registration system (national register and state register) with different rules for each","Complex transitional provisions from 2013 amendments that grandfather old registrations while phasing in new system","Multiple enforcement mechanisms: compliance notices, binding instructions, statutory managers, interim managers, with different triggers and consequences","Extensive savings and transitional provisions preserving old State Housing Act 1945 arrangements"],"plain_english_summary":"**What this Act does:**\n\nThis is Queensland's main law for providing **public and community housing** to people who need it. It sets up the system for how the government helps Queenslanders access safe, secure, and affordable housing.\n\n**Key things the Act covers:**\n\n- **Public housing** — housing owned and run directly by the State government\n- **Community housing** — housing provided by non-government organisations (like charities) that get government funding and must register\n- **Ancillary housing services** — help like loans to buy homes, tenant advice, home modifications, and crisis accommodation\n\n**Who it affects:**\n\n- **Tenants** — people applying for or living in public or community housing\n- **Community housing providers** — organisations that must register and follow rules about how they manage properties and treat tenants\n- **Funded providers** — organisations that get government money to provide housing services\n\n**How it works:**\n\nThe Act creates the **Queensland Housing Fund** — a special account that holds money from government budgets, Commonwealth grants, rent payments, and loan repayments. This fund pays for public housing, grants to community providers, loans to individuals, and land purchases.\n\nA **Registrar** oversees two registers:\n- A **national register** for providers operating across multiple states\n- A **state register** for local providers operating only in Queensland\n\nRegistered providers must follow **conditions of registration** covering financial management, tenant rights, and property standards. The Registrar can issue **compliance notices**, **binding instructions**, or even appoint a **statutory manager** to take over a failing provider.\n\n**Why it matters:**\n\nThe Act tries to balance **getting more housing built** (by encouraging private and community investment) with **protecting vulnerable tenants** (through registration requirements and enforcement powers). It also recognises **Aboriginal tradition and Island custom** in how housing services should be delivered.\n\n**Recent additions** include rules about **charitable donation deeds** (where property owners agree to donate sale proceeds to housing charities) and protections for sharing confidential information between housing agencies to better help tenants."}},"importantCases":[],"_links":{"self":"/api/acts/housing-act-2003","history":"/api/acts/housing-act-2003/history","analysis":"/api/acts/housing-act-2003/analysis","conflicts":"/api/acts/housing-act-2003/conflicts","importantCases":"/api/acts/housing-act-2003/important-cases","documents":"/api/acts/housing-act-2003/documents"}}