{"id":"C2004A03938","name":"Housing Assistance Act 1989","slug":"housing-assistance-act-1989","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"7 of 1990","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":36948,"registerId":"commonwealth-C2004A03938-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title [see Note 1]","content":"#### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Housing Assistance Act 1989.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement [see Note 1]","content":"#### 2 Commencement \\[see Note 1\\]\n\n  (1) This Act, other than section 21, commences on the day on which it receives the Royal Assent.\n  (2) Section 21 shall be taken to have commenced on 1 July 1989.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  In this Act:\n\n> 1984 Act means the Housing Assistance Act 1984.\n\n> advance means an advance under section 17.\n\n> grant means a payment authorised under section 5.\n\n> grant year means the financial year commencing on 1 July 1989 or any later financial year commencing before 1 July 1996.\n\n> housing agreement means an agreement made under subsection 4(1), being, where the agreement has been varied under subsection 4(2), the agreement as so varied.\n\n> priority provision, in relation to a housing agreement, means a provision of the agreement that is substantially in accordance with clause 36 of the form in Schedule 1.\n\n> specific assistance means specific housing assistance referred to in a housing agreement.\n\n> specific grant means a grant for specific assistance.\n\n> State includes the Australian Capital Territory and the Northern Territory.\n\n> State Minister, in relation to a State with which the Commonwealth has made a housing agreement, has the same meaning as in that agreement.\n\n> untied grant means a grant other than a specific grant.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Agreements between Commonwealth and States","content":"#### 4 Agreements between Commonwealth and States\n\n  (1) The Commonwealth may make an agreement with a State or States substantially in accordance with the form in Schedule 1.\n  (2) The Commonwealth may make a further agreement under and varying a housing agreement.\n  (3) The Minister is to cause a copy of a further agreement to be laid before each House of the Parliament within 15 sitting days of that House after the further agreement is made.\n  (4) The Commonwealth is not to make an agreement with a State under subsection (1) in June 1990.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Grants for housing","content":"#### 5 Grants for housing\n\n  (1) Subject to sections 6, 11, 12 and 13, the Minister may, in any grant year in which a housing agreement with a State is in force, authorise the payment to the State, by way of financial assistance, of such amounts as the Minister determines to be appropriate:\n    (a) for expenditure by the State in respect of the year for the purpose of specific housing assistance referred to in the agreement; or\n    (b) for expenditure by the State in respect of the year for any other purpose related to housing and in respect of which an amount paid to the State under the agreement may be expended.\n  (2) Payments are to be made on the terms and conditions specified in the agreement.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Payments to be made out of money appropriated","content":"#### 6 Payments to be made out of money appropriated\n\n  (1) Payments under this Act are to be made out of money appropriated, whether by this Act or another Act, for the purpose of making them.\n  (2) An authorisation of a grant is subject to the appropriation of sufficient money to make the grant.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Principal appropriation","content":"#### 7 Principal appropriation\n\n  (1) Subject to subsection (2), the Consolidated Revenue Fund is appropriated in the amount of $1,010,504,000 for the purpose of making payments under this Act during the first grant year, other than:\n    (a) grants, or advances on account of grants, for which an appropriation is made under section 8 or 9; or\n    (b) grants, or advances on account of grants, to the Australian Capital Territory.\n  (2) The amount referred to in subsection (1) is reduced by any amount appropriated by the 1984 Act, and paid out, after 30 June 1989 and before the commencement of this section.\n  (3) During each of the second and third grant years, the Consolidated Revenue Fund is appropriated in the amount of $1,010,504,000 for the purpose of making payments under this Act during the year, other than grants, or advances on account of grants, to the Australian Capital Territory.\n  (3A) For the purpose of making payments under this Act, the Consolidated Revenue Fund is appropriated in the following amounts:\n    (a) $1,059,200,000 in respect of the fourth grant year;\n    (b) $1,042,390,000 in respect of the fifth grant year;\n    (c) $1,028,141,000 in respect of the sixth grant year;\n    (d) $1,035,363,000 in respect of the seventh grant year.\n  (4) Subsection 12(6), 13(6), 15(3) or 16(1) or (3) may operate so that grants are made to the Australian Capital Territory out of money appropriated by this section or by another Act for the purpose of making grants to other States.","sortOrder":6},{"sectionNumber":"7A","sectionType":"section","heading":"Commonwealth funds to be carried forward","content":"#### 7A Commonwealth funds to be carried forward\n\n  (1) If the amount of a grant in respect of the fourth, fifth, sixth or seventh grant year has not been fully paid to a State in that grant year, the Minister may, after consulting with the State Minister, determine that the amount remaining unpaid, or part of it, is to be carried over for payment to the State in the next grant year.\n  (2) If a determination is made under subsection (1) in respect of the fourth, fifth or sixth grant year, section 7 has effect as if the amount specified in paragraph (3A)(b), (c) or (d), as the case requires, were increased by the amount to be carried over.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Appropriation for housing assistance for young people","content":"#### 8 Appropriation for housing assistance for young people\n\n  The Consolidated Revenue Fund is appropriated in the amount of $9,834,000 for the purpose of making to the States, other than the Australian Capital Territory, during the first grant year, specific grants for people under 26 years of age and advances on account of such grants.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Appropriation for mortgage relief","content":"#### 9 Appropriation for mortgage relief\n\n  The Consolidated Revenue Fund is appropriated in the amount of $14,752,000 for the purpose of making to the States, other than the Australian Capital Territory, during the first grant year, specific grants for mortgage relief and advances on account of such grants.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Appropriation for the Australian Capital Territory","content":"#### 10 Appropriation for the Australian Capital Territory\n\n  (1) The money appropriated by the Appropriation Act (No. 2) 1989‑90 specified in item 2 of subdivision 4 of Division 831 of Schedule 4 to that Act is to be taken to be appropriated for the purpose of grants to the Australian Capital Territory and of advances on account of such grants.\n  (2) During each of the second, third and fourth grant years, the Consolidated Revenue Fund is appropriated in the amount of $17,772,000 for the purpose of making grants, and advances on account of grants, to the Australian Capital Territory.\n  (3) Subsection 15(3) or 16(1) or (3) may operate so that grants are made to any State out of money referred to in subsection (1), money appropriated by subsection (2) or money appropriated by another Act for the purpose of making grants to the Australian Capital Territory.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Allocation among the States of specific grants","content":"#### 11 Allocation among the States of specific grants\n\n  The Minister, in authorising specific grants to be made in a grant year, is to ensure that the amounts of those grants are allocated among the States in accordance with their needs as determined by the Minister.","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Allocation among the States of untied grants in first grant year","content":"#### 12 Allocation among the States of untied grants in first grant year\n\n  (1) For the purposes of this section, the Australian Capital Territory is not to be taken to be a State.\n  (2) Subject to sections 6 and 15, the Minister in authorising untied grants in the first grant year is to ensure that the amounts of those grants are allocated among the States in accordance with this section.\n  (3) Subject to subsection (6), $146,000,000 is to be allocated among the States in the proportions determined by the Minister to be appropriate but so that no State is allocated less than $7,300,000.\n  (4) Subject to subsection (6), $310,504,000 is to be allocated among the States in accordance with Schedule 2.\n  (5) Subject to subsection (6), the balance of the amounts is to be allocated among the States in the proportions determined by the Minister to be appropriate.\n  (6) Where grants to a State cannot be authorised in the first grant year because there is no housing agreement with the State in force in that year, the amounts that the Minister determines would have been allocated for untied grants to that State in that year under subsections (3), (4) and (5) are to be dealt with as follows:\n    (a) where advances to that State that may be retained by that State in accordance with arrangements under section 17 were made out of the amounts—the amount of the advances is to be so retained by that State;\n    (b) the amounts, less the amount retained under paragraph (a), may be allocated in that year among such of the States and the Australian Capital Territory with which a housing agreement is in force in that year, and in such proportions, as the Minister determines to be appropriate.\n  (7) This section does not affect the operation of any priority provision in a housing agreement.","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Allocation among the States of untied grants after first grant year","content":"#### 13 Allocation among the States of untied grants after first grant year\n\n  (1) For the purposes of this section:\n    (a) a State is not to be taken to be a State in a grant year if a housing agreement with the State was not made before that year; and\n    (b) except for the purposes of subsection (5A), the Australian Capital Territory is not to be taken to be a State before 1 July 1993.\n  (2) Subject to sections 6 and 15, the Minister, in authorising untied grants to be made after the first grant year, is to ensure that the amounts of those grants are allocated among the States in accordance with this section.\n  (3) In each grant year, $146,000,000 is to be allocated among the States as far as practicable on an equal per capita basis but so that no State is allocated less than $7,300,000.\n  (4) In the second grant year, $208,038,000 is to be allocated among the States in accordance with Schedule 3.\n  (5) In the third grant year, $102,466,000 is to be allocated among the States in accordance with Schedule 3.\n  (5A) In the fourth grant year not more than $75,000,000 may be allocated to such of the States as the Minister considers appropriate, having regard to proposals for employment generation in the housing industry submitted by State Ministers.\n  (5B) In the fifth grant year not more than $25,000,000 may be allocated to such of the States as the Minister considers appropriate, having regard to proposals for employment generation in the housing industry submitted by State Ministers.\n  (6) Where, because of paragraph (1)(a), part of an amount referred to in subsection (4) or (5) is not allocated under the subsection in a grant year, the part may be allocated in the year among such of the States and, where a housing agreement with the Australian Capital Territory is in force in the year, that Territory, and in such proportions, as the Minister determines to be appropriate.\n  (7) Subject to subsection (7B), the balance of the amounts to be allocated in accordance with this section in each grant year is to be allocated among the States as far as practicable on an equal per capita basis.\n  (7A) If the operation of subsection (5A) or (5B) has resulted in a State gaining, in respect of the fourth or fifth grant year, a smaller or larger share of untied grants than the share to which it would otherwise have been entitled, subsection (7B) applies to that State.\n  (7B) The Minister is to ensure that the allocation of untied grants in respect of the sixth and seventh grant years is such as to ensure that the total amount of untied grants allocated to a State to which this subsection applies in respect of the fourth, fifth, sixth and seventh grant years is as nearly as practicable what it would have been if subsections (5A) and (5B) had not operated.\n  (8) This section does not affect the operation of any priority provision in a housing agreement.","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Payments for research, development and evaluation","content":"#### 14 Payments for research, development and evaluation\n\n  (1) Where the money appropriated by the Parliament for the purpose of making payments under this Act in a grant year exceeds $456,504,000, the Minister may approve payments in that year of such amounts as the Minister determines, not exceeding $100,000, for the purpose of research, development and evaluation in relation to housing assistance.\n  (2) A payment is to be made on terms and conditions determined by the Minister.","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Grants to be matched by State","content":"#### 15 Grants to be matched by State\n\n  (1) In this section:\n\n> State expenditure, in relation to a State and a grant year, means the total amount that the State has used or proposes to use in respect of that year in relation to housing out of money that is, under a housing agreement with the State, matching funds.\n\n  (2) The Minister, in authorising untied grants to a State in a grant year, is to ensure that they do not reach an amount that would result in their not being matched, in accordance with the housing agreement with the State, by the State expenditure for the year.\n  (2A) Despite subsection (2), the Minister may, in respect of the sixth or seventh grant year, authorise untied grants to a particular State, even if the Minister cannot ensure that the State will match the grants in accordance with the provision of its housing agreement corresponding to paragraph 13(2)(b) of the form of housing agreement in Schedule 1.\n  (3) Where the amount allocated under section 12 or 13 to a State in respect of a grant year exceeds the amount of untied grants for that year that, because of subsection (2), can be authorised, the Minister may authorise the payment, out of the excess, of additional untied grants to such other of the States as the Minister determines to be appropriate.\n  (4) For the purposes of any provision of a housing agreement relating to the provision of matching funds by a State:\n    (a) the total of the amounts received by the State under subsections 13(5A) and (5B) is to be taken to be allocated in equal amounts in respect of the sixth and seventh grant years; and\n    (b) if:\n    (i) the amount of a grant has not been fully paid to a State in a grant year; and\n    (ii) the Minister, under subsection 7A(1), has determined that the amount remaining unpaid, or part of it, is to be carried over;\n  the amount of the grant is taken to be reduced by the amount remaining unpaid and the amount allocated to the State in respect of the next grant year is taken to be increased by the amount carried over.","sortOrder":15},{"sectionNumber":"15A","sectionType":"section","heading":"Grants to be matched by State—exception","content":"#### 15A Grants to be matched by State—exception\n\n  (1) The Minister may determine in writing that, in respect of a grant year, a particular State is taken to have fulfilled its obligation to provide matching funds in accordance with the provision of its housing agreement corresponding to paragraph 13(2)(b) of the form of housing agreement in Schedule 1.\n  (2) A determination made under subsection (1) must be in relation to the fifth, sixth or seventh grant year.\n  (3) The Minister must not make the determination unless satisfied, after consulting with the State Minister of that State, that, in the circumstances, the State was unable to meet its obligation in respect of that grant year under that provision.\n  (4) The determination has effect for the purposes of the housing agreement.\n  (5) In deciding whether to make the determination, the Minister must have regard to the extent to which assistance provided by the State under the housing agreement reflects the principles set out in Recital (D) of the form of housing agreement in Schedule 1.\n  (6) The State Minister of that State must agree in writing to the determination being made.\n  (7) The determination made by the Minister must be tabled in each House of the Parliament within 15 sitting days of that House after it is made.","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Reallocation or retention of specific grants","content":"#### 16 Reallocation or retention of specific grants\n\n  (1) Where:\n    (a) the Minister has authorised specific grants to a State in a grant year; and\n    (b) after consulting the State Minister, the Minister is satisfied, having regard to the amounts that the State is able to expend in respect of that year for specific assistance, that it would not be appropriate for the grants to be paid in full;\n  the Minister may:\n    (c) vary the authorisation by reducing the total amount of the grants; or\n    (d) so vary the authorisation and authorise such additional specific grants, not exceeding the reduction, as the Minister determines to be appropriate to such other of the States as the Minister determines to be appropriate.\n  (2) Where:\n    (a) the Minister has authorised specific grants to a State in a grant year; and\n    (b) after consulting the State Minister, the Minister is satisfied in respect of the grants or any of them that the State has contravened, or has acted in a manner that is inconsistent with, either or both of the following:\n    (i) a housing agreement with the State;\n    (ii) a guideline made under the agreement;\n  the Minister:\n    (c) may revoke the authorisation; or\n    (d) may vary the authorisation by reducing the amount authorised; or\n    (e) may:\n    (i) revoke the authorisation; and\n    (ii) declare the amount authorised by the revoked authorisation to be available for reallocation; or\n    (f) may:\n    (i) vary the authorisation by reducing the amount authorised; and\n    (ii) declare the amount of the reduction to be available for reallocation.\n  (3) Where the Minister declares an amount to be available for reallocation, the Minister may authorise additional specific grants, not exceeding the reduction, of such amounts as the Minister determines to be appropriate to such other of the States as the Minister determines to be appropriate.","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Advances","content":"#### 17 Advances\n\n  (1) The Minister may make arrangements for the making to a State, by way of financial assistance, of, and may authorise, advances on account of grants that are expected to become payable to the State during the first grant year.\n  (2) The arrangements are to provide for the effect on the advances of the following circumstances:\n    (a) the making of a housing agreement with the State;\n    (b) the failure of the State to make a housing agreement in the first grant year.","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Payments under the 1984 Act","content":"#### 18 Payments under the 1984 Act\n\n  Where:\n    (a) a payment was made to a State under the 1984 Act after 30 June 1989 and before the commencement of section 4; and\n    (b) the State enters into a housing agreement with the Commonwealth during the first grant year;\n  the payment is to be taken to have been an advance to the State under section 17 on account of:\n    (c) in the case of a payment made for the purpose mentioned in paragraph 6(1)(a) of the 1984 Act—the appropriate specific grant; and\n    (d) in the case of a payment made for a purpose mentioned in paragraph 6(1)(b) of the 1984 Act—an untied grant.","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Determinations to be in writing","content":"#### 19 Determinations to be in writing\n\n  A determination by the Minister under this Act must be in writing signed by the Minister.","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Annual report by Minister","content":"#### 20 Annual report by Minister\n\n  The Minister, as soon as practicable after the end of each grant year, is to cause to be laid before each House of the Parliament a report relating to:\n    (a) the operation of housing agreements; and\n    (b) any other matter that the Minister considers relevant.","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Amendment of the 1984 Act","content":"#### 21 Amendment of the 1984 Act\n\n  (1) The 1984 Act is amended:\n    (a) by omitting from subsection 8(1A) “each of the years commencing on 1 July 1988 and 1 July 1989” and substituting “the year commencing on 1 July 1988”; and\n    (b) by omitting from subsection 8(1B) “each of the years commencing on 1 July 1988 and 1 July 1989” and substituting “the year commencing on 1 July 1988.”.\n  (2) The amendments of section 8 of the 1984 Act made by subsection (1) do not affect the appropriation by that section of any money paid out before the commencement of section 7.","sortOrder":22}],"analysis":null,"importantCases":[],"_links":{"self":"/api/acts/housing-assistance-act-1989","history":"/api/acts/housing-assistance-act-1989/history","analysis":"/api/acts/housing-assistance-act-1989/analysis","conflicts":"/api/acts/housing-assistance-act-1989/conflicts","importantCases":"/api/acts/housing-assistance-act-1989/important-cases","documents":"/api/acts/housing-assistance-act-1989/documents"}}