{"id":"qld:sl-2015-0101","name":"Housing Regulation 2015","slug":"housing-regulation-2015","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"101 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175238,"registerId":"qld-qld:sl-2015-0101-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Housing Regulation 2015 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 September 2015.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Dictionary","content":"### sec.3 Dictionary\n\nThe dictionary in schedule 2 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Ancillary housing services— Act , s 8 (5) (b) (vii)","content":"### sec.4 Ancillary housing services— Act , s 8 (5) (b) (vii)\n\nThe following services are prescribed as an ancillary housing service—\nthe National Rental Affordability Scheme;\na housing-related education or employment service.\n- (a) the National Rental Affordability Scheme;\n- (b) a housing-related education or employment service.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Housing services requirements—funded providers other than BTR providers and HIF providers","content":"# Housing services requirements—funded providers other than BTR providers and HIF providers","sortOrder":5},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Introductory","content":"## Introductory","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Housing services requirements— Act , s 33","content":"### sec.5 Housing services requirements— Act , s 33\n\nThis part prescribes the requirements relating to the provision of housing services for which a funded provider, other than a BTR provider or HIF provider, receives funding.\ns 5 amd 2023 SL No. 179 s 4","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Inconsistency with funding agreements","content":"### sec.6 Inconsistency with funding agreements\n\nIf a provision of this part is inconsistent with a term of a funding agreement—\nthe provision prevails; and\nthe term is void to the extent of the inconsistency.\nSubsection (1) does not limit another provision of this regulation.\n(sec.6-ssec.1) If a provision of this part is inconsistent with a term of a funding agreement— the provision prevails; and the term is void to the extent of the inconsistency.\n(sec.6-ssec.2) Subsection (1) does not limit another provision of this regulation.\n- (a) the provision prevails; and\n- (b) the term is void to the extent of the inconsistency.","sortOrder":8},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Financial management and accountability requirements","content":"## Financial management and accountability requirements","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Using funding and receipts","content":"### sec.7 Using funding and receipts\n\nA funded provider must use the funding or receipts that the funded provider receives for a housing service in a way that complies with the funding agreement for the service.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Returning unspent receipts","content":"### sec.8 Returning unspent receipts\n\nThis section applies if—\na funding agreement with a funded provider is in force; and\nthe funded provider—\nis required, under the funding agreement, to spend an amount comprised of receipts for a housing service within a stated period; and\nhas not spent the amount by the end of the period.\nThe chief executive may, by written notice, require the funded provider to pay the amount to the chief executive.\nThe funded provider must pay the amount to the chief executive within 8 weeks after the day the funded provider receives the written notice.\n(sec.8-ssec.1) This section applies if— a funding agreement with a funded provider is in force; and the funded provider— is required, under the funding agreement, to spend an amount comprised of receipts for a housing service within a stated period; and has not spent the amount by the end of the period.\n(sec.8-ssec.2) The chief executive may, by written notice, require the funded provider to pay the amount to the chief executive.\n(sec.8-ssec.3) The funded provider must pay the amount to the chief executive within 8 weeks after the day the funded provider receives the written notice.\n- (a) a funding agreement with a funded provider is in force; and\n- (b) the funded provider— (i) is required, under the funding agreement, to spend an amount comprised of receipts for a housing service within a stated period; and (ii) has not spent the amount by the end of the period.\n- (i) is required, under the funding agreement, to spend an amount comprised of receipts for a housing service within a stated period; and\n- (ii) has not spent the amount by the end of the period.\n- (i) is required, under the funding agreement, to spend an amount comprised of receipts for a housing service within a stated period; and\n- (ii) has not spent the amount by the end of the period.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Returning accumulated unspent receipts","content":"### sec.9 Returning accumulated unspent receipts\n\nThis section applies if—\na funding agreement is in force; and\nthe funding agreement relates to a funded property; and\nthe funded provider is not required, under the funding agreement, to pay the chief executive amounts, consisting of receipts for a housing service, that the funded provider has not spent, either—\nwhile the funding agreement is in force; or\nwhen the funding agreement ends.\nThe chief executive may, by written notice (a payment notice ) given within 12 months after the end of a financial year (the notice year ), require the funded provider to pay an amount of not more than an amount equal to the accumulated unspent receipts to the chief executive.\nIf the funded property to which the funding agreement relates was not acquired, constructed or improved wholly using receipts, the accumulated unspent receipts amount must be reduced by the offset percentage.\nThe funded provider must pay the amount stated in the payment notice to the chief executive within 8 weeks after the day the funded provider receives the written notice.\nIn this section—\naccumulated unspent receipts means an amount equal to the receipts amount less—\nthe spent amount; and\nthe repaid amount.\noffset percentage means the amount of money other than receipts that is used to acquire, construct or improve a funded property, expressed as a percentage of the total cost of acquiring, constructing or improving the funded property.\nA funding provider acquires a property for $1,000,000, using $750,000 of receipts and $250,000 of the provider’s own money. The offset percentage is 25%.\nreceipts amount means the amount of receipts, other than funding, for the housing service received by the funded provider, as at the end of the notice year.\nrepaid amount means the amount of receipts, other than funding, the funded provider has paid to the chief executive as at the end of the notice year.\nspent amount means the amount of receipts, other than funding—\nthe funded provider has spent, as allowed under the funding agreement, as at the end of the notice year; or\nthe funded provider has retained, with the written approval of the chief executive, as at the end of the notice year.\n(sec.9-ssec.1) This section applies if— a funding agreement is in force; and the funding agreement relates to a funded property; and the funded provider is not required, under the funding agreement, to pay the chief executive amounts, consisting of receipts for a housing service, that the funded provider has not spent, either— while the funding agreement is in force; or when the funding agreement ends.\n(sec.9-ssec.2) The chief executive may, by written notice (a payment notice ) given within 12 months after the end of a financial year (the notice year ), require the funded provider to pay an amount of not more than an amount equal to the accumulated unspent receipts to the chief executive.\n(sec.9-ssec.3) If the funded property to which the funding agreement relates was not acquired, constructed or improved wholly using receipts, the accumulated unspent receipts amount must be reduced by the offset percentage.\n(sec.9-ssec.4) The funded provider must pay the amount stated in the payment notice to the chief executive within 8 weeks after the day the funded provider receives the written notice.\n(sec.9-ssec.5) In this section— accumulated unspent receipts means an amount equal to the receipts amount less— the spent amount; and the repaid amount. offset percentage means the amount of money other than receipts that is used to acquire, construct or improve a funded property, expressed as a percentage of the total cost of acquiring, constructing or improving the funded property. A funding provider acquires a property for $1,000,000, using $750,000 of receipts and $250,000 of the provider’s own money. The offset percentage is 25%. receipts amount means the amount of receipts, other than funding, for the housing service received by the funded provider, as at the end of the notice year. repaid amount means the amount of receipts, other than funding, the funded provider has paid to the chief executive as at the end of the notice year. spent amount means the amount of receipts, other than funding— the funded provider has spent, as allowed under the funding agreement, as at the end of the notice year; or the funded provider has retained, with the written approval of the chief executive, as at the end of the notice year.\n- (a) a funding agreement is in force; and\n- (b) the funding agreement relates to a funded property; and\n- (c) the funded provider is not required, under the funding agreement, to pay the chief executive amounts, consisting of receipts for a housing service, that the funded provider has not spent, either— (i) while the funding agreement is in force; or (ii) when the funding agreement ends.\n- (i) while the funding agreement is in force; or\n- (ii) when the funding agreement ends.\n- (i) while the funding agreement is in force; or\n- (ii) when the funding agreement ends.\n- (a) the spent amount; and\n- (b) the repaid amount.\n- (a) the funded provider has spent, as allowed under the funding agreement, as at the end of the notice year; or\n- (b) the funded provider has retained, with the written approval of the chief executive, as at the end of the notice year.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Using funded property as security","content":"### sec.10 Using funded property as security\n\nA funded provider must not use funded property as security for a loan unless—\nthe funded provider is—\na registered provider; and\na company registered under the Corporations Act ; and\nthe chief executive gives the funded provider written approval to use the funded property as security for the loan.\n- (a) the funded provider is— (i) a registered provider; and (ii) a company registered under the Corporations Act ; and\n- (i) a registered provider; and\n- (ii) a company registered under the Corporations Act ; and\n- (b) the chief executive gives the funded provider written approval to use the funded property as security for the loan.\n- (i) a registered provider; and\n- (ii) a company registered under the Corporations Act ; and","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Financial statements for ancillary housing service","content":"### sec.11 Financial statements for ancillary housing service\n\nThis section applies to a funded provider that receives funding for an ancillary housing service.\nThe funded provider must prepare annual financial statements for each financial year in which the funded provider receives the funding.\nIf the funded provider is established under an Act, the annual financial statements must be in the form, and contain the information, required under the Act .\nIf the chief executive requests a copy of the annual financial statements, the funded provider must comply with the request.\nThe funded provider must comply with this section even if the funded provider—\ndoes not provide, or is not required to provide, the service for the whole of the financial year; or\nstops providing the service before fully complying with this section.\ns 11 amd 2023 SL No. 179 s 5\n(sec.11-ssec.1) This section applies to a funded provider that receives funding for an ancillary housing service.\n(sec.11-ssec.2) The funded provider must prepare annual financial statements for each financial year in which the funded provider receives the funding.\n(sec.11-ssec.3) If the funded provider is established under an Act, the annual financial statements must be in the form, and contain the information, required under the Act .\n(sec.11-ssec.4) If the chief executive requests a copy of the annual financial statements, the funded provider must comply with the request.\n(sec.11-ssec.5) The funded provider must comply with this section even if the funded provider— does not provide, or is not required to provide, the service for the whole of the financial year; or stops providing the service before fully complying with this section.\n- (a) does not provide, or is not required to provide, the service for the whole of the financial year; or\n- (b) stops providing the service before fully complying with this section.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Asset management plans","content":"### sec.12 Asset management plans\n\nA funded provider must keep, and implement, a management plan (an asset management plan) for each of the provider’s funded property.\nThe purpose of an asset management plan is to—\nmaintain the long-term viability, and value, of the funded property; and\nensure the funded property is appropriate for—\nthe type of housing service the funded provider provides; and\nthe needs of people using the housing service; and\nthe circumstances in which the funded provider provides the housing service.\nAn asset management plan must include financial strategies for the plan’s implementation.\nIf the chief executive requests a copy of an asset management plan, the funded provider must comply with the request.\n(sec.12-ssec.1) A funded provider must keep, and implement, a management plan (an asset management plan) for each of the provider’s funded property.\n(sec.12-ssec.2) The purpose of an asset management plan is to— maintain the long-term viability, and value, of the funded property; and ensure the funded property is appropriate for— the type of housing service the funded provider provides; and the needs of people using the housing service; and the circumstances in which the funded provider provides the housing service.\n(sec.12-ssec.3) An asset management plan must include financial strategies for the plan’s implementation.\n(sec.12-ssec.4) If the chief executive requests a copy of an asset management plan, the funded provider must comply with the request.\n- (a) maintain the long-term viability, and value, of the funded property; and\n- (b) ensure the funded property is appropriate for— (i) the type of housing service the funded provider provides; and (ii) the needs of people using the housing service; and (iii) the circumstances in which the funded provider provides the housing service.\n- (i) the type of housing service the funded provider provides; and\n- (ii) the needs of people using the housing service; and\n- (iii) the circumstances in which the funded provider provides the housing service.\n- (i) the type of housing service the funded provider provides; and\n- (ii) the needs of people using the housing service; and\n- (iii) the circumstances in which the funded provider provides the housing service.","sortOrder":15},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Governance and service delivery","content":"## Governance and service delivery","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Complying with Queensland privacy principles","content":"### sec.13 Complying with Queensland privacy principles\n\nA funded provider must comply with the Information Privacy Act 2009 , chapter 2 , parts 1 and 2 as if the funded provider were the department.\ns 13 amd 2025 SL No. 75 s 13 sch 2","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Eligibility assessment and allocations policy—social housing services","content":"### sec.14 Eligibility assessment and allocations policy—social housing services\n\nThis section applies to a funded provider that receives funding to provide a social housing service.\nThe funded provider must implement—\nif assessing a person’s eligibility to receive or continue to receive the service—the Social Housing Eligibility Criteria; and\nif allocating the service—the Allocations Policy for Funded Social Housing Providers.\nIn this section—\nAllocations Policy for Funded Social Housing Providers means the document with that name published by the department.\nSocial Housing Eligibility Criteria means the document with that name published by the department.\nCopies of these documents are available from the department, on request, or from the department’s website.\n(sec.14-ssec.1) This section applies to a funded provider that receives funding to provide a social housing service.\n(sec.14-ssec.2) The funded provider must implement— if assessing a person’s eligibility to receive or continue to receive the service—the Social Housing Eligibility Criteria; and if allocating the service—the Allocations Policy for Funded Social Housing Providers.\n(sec.14-ssec.3) In this section— Allocations Policy for Funded Social Housing Providers means the document with that name published by the department. Social Housing Eligibility Criteria means the document with that name published by the department. Copies of these documents are available from the department, on request, or from the department’s website.\n- (a) if assessing a person’s eligibility to receive or continue to receive the service—the Social Housing Eligibility Criteria; and\n- (b) if allocating the service—the Allocations Policy for Funded Social Housing Providers.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Applications for social housing services","content":"### sec.15 Applications for social housing services\n\nA funded provider may accept an application from a person for a social housing service only if the application is in the approved form.\nUnless the funded provider is an approved funded provider, the funded provider must, as soon as practicable, give the application to—\nthe chief executive; or\nan approved funded provider.\nIn this section—\napproved funded provider means a funded provider the chief executive approves to receive an application for a social housing service.\n(sec.15-ssec.1) A funded provider may accept an application from a person for a social housing service only if the application is in the approved form.\n(sec.15-ssec.2) Unless the funded provider is an approved funded provider, the funded provider must, as soon as practicable, give the application to— the chief executive; or an approved funded provider.\n(sec.15-ssec.3) In this section— approved funded provider means a funded provider the chief executive approves to receive an application for a social housing service.\n- (a) the chief executive; or\n- (b) an approved funded provider.","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Eligibility policy for ancillary housing services","content":"### sec.16 Eligibility policy for ancillary housing services\n\nThis section applies to a funded provider that receives funding to provide an ancillary housing service.\nThe funded provider must—\nkeep an eligibility policy; and\nimplement the eligibility policy consistently and fairly.\nIn this section—\neligibility policy means a policy that—\nstates the criteria and procedures for deciding whether a person is eligible to receive the service; and\ncomplies with the funding agreement for the service.\n(sec.16-ssec.1) This section applies to a funded provider that receives funding to provide an ancillary housing service.\n(sec.16-ssec.2) The funded provider must— keep an eligibility policy; and implement the eligibility policy consistently and fairly.\n(sec.16-ssec.3) In this section— eligibility policy means a policy that— states the criteria and procedures for deciding whether a person is eligible to receive the service; and complies with the funding agreement for the service.\n- (a) keep an eligibility policy; and\n- (b) implement the eligibility policy consistently and fairly.\n- (a) states the criteria and procedures for deciding whether a person is eligible to receive the service; and\n- (b) complies with the funding agreement for the service.","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Rent policy for residential housing","content":"### sec.17 Rent policy for residential housing\n\nThis section applies to a funded provider that receives funding to provide housing for residential use.\nThe funded provider must—\nkeep a rent policy; and\nimplement the rent policy consistently and fairly.\nThe funded provider must comply with subsection (2) even if rent is not paid for the housing.\nHowever, if a tenant pays rent for the housing, the funded provider must keep a record of rent calculations for the tenant for the period—\nstarting on the day the tenant starts paying rent; and\nending on the day that is 6 months after the last day the tenant pays rent.\nIn this section—\nrent policy means a policy that—\nstates the criteria and procedures relating to rent paid by a tenant, including about—\nsetting the amount of rent; and\ncalculating rent payments; and\ncollecting rent; and\nmanaging rent arrears; and\nprovides for—\nexplaining rent calculations to the tenant and dealing with their queries about rent; and\ngiving the tenant a choice of ways to pay rent; and\npreventing the tenant from getting into serious arrears of rent; and\ncomplies with the funding agreement for the service.\ntenant means an individual who a housing service is provided to for residential use.\n(sec.17-ssec.1) This section applies to a funded provider that receives funding to provide housing for residential use.\n(sec.17-ssec.2) The funded provider must— keep a rent policy; and implement the rent policy consistently and fairly.\n(sec.17-ssec.3) The funded provider must comply with subsection (2) even if rent is not paid for the housing.\n(sec.17-ssec.4) However, if a tenant pays rent for the housing, the funded provider must keep a record of rent calculations for the tenant for the period— starting on the day the tenant starts paying rent; and ending on the day that is 6 months after the last day the tenant pays rent.\n(sec.17-ssec.5) In this section— rent policy means a policy that— states the criteria and procedures relating to rent paid by a tenant, including about— setting the amount of rent; and calculating rent payments; and collecting rent; and managing rent arrears; and provides for— explaining rent calculations to the tenant and dealing with their queries about rent; and giving the tenant a choice of ways to pay rent; and preventing the tenant from getting into serious arrears of rent; and complies with the funding agreement for the service. tenant means an individual who a housing service is provided to for residential use.\n- (a) keep a rent policy; and\n- (b) implement the rent policy consistently and fairly.\n- (a) starting on the day the tenant starts paying rent; and\n- (b) ending on the day that is 6 months after the last day the tenant pays rent.\n- (a) states the criteria and procedures relating to rent paid by a tenant, including about— (i) setting the amount of rent; and (ii) calculating rent payments; and (iii) collecting rent; and (iv) managing rent arrears; and\n- (i) setting the amount of rent; and\n- (ii) calculating rent payments; and\n- (iii) collecting rent; and\n- (iv) managing rent arrears; and\n- (b) provides for— (i) explaining rent calculations to the tenant and dealing with their queries about rent; and (ii) giving the tenant a choice of ways to pay rent; and (iii) preventing the tenant from getting into serious arrears of rent; and\n- (i) explaining rent calculations to the tenant and dealing with their queries about rent; and\n- (ii) giving the tenant a choice of ways to pay rent; and\n- (iii) preventing the tenant from getting into serious arrears of rent; and\n- (c) complies with the funding agreement for the service.\n- (i) setting the amount of rent; and\n- (ii) calculating rent payments; and\n- (iii) collecting rent; and\n- (iv) managing rent arrears; and\n- (i) explaining rent calculations to the tenant and dealing with their queries about rent; and\n- (ii) giving the tenant a choice of ways to pay rent; and\n- (iii) preventing the tenant from getting into serious arrears of rent; and","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Information about funded properties","content":"### sec.18 Information about funded properties\n\nThis section applies to a funded provider that receives funding to provide a social housing service.\nThe funded provider must give the chief executive information, in the approved form, about each funded property for the service.\nIf the information given to the chief executive changes, the funded provider must give details of the change, in the approved form, to the chief executive as soon as practicable.\n(sec.18-ssec.1) This section applies to a funded provider that receives funding to provide a social housing service.\n(sec.18-ssec.2) The funded provider must give the chief executive information, in the approved form, about each funded property for the service.\n(sec.18-ssec.3) If the information given to the chief executive changes, the funded provider must give details of the change, in the approved form, to the chief executive as soon as practicable.","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Information about housing services","content":"### sec.19 Information about housing services\n\nThis section applies to a funded provider that receives funding to provide a housing service.\nThe chief executive may, by written notice, require a funded provider to give the following information to the chief executive—\ninformation, including financial information, about the housing service;\ninformation about the use of a funded property;\nnon-identifying information about a client of the funded provider;\nany other information about the funding the funded provider receives that the chief executive considers appropriate.\nThe funded provider must comply with the request within the time stated in the notice.\nIn this section—\nclient —\nmeans a person who—\nis receiving a housing service from the funded provider; or\nhas applied to the funded provider for a housing service; and\nincludes a tenant.\ns 19 amd 2023 SL No. 179 s 6\n(sec.19-ssec.1) This section applies to a funded provider that receives funding to provide a housing service.\n(sec.19-ssec.2) The chief executive may, by written notice, require a funded provider to give the following information to the chief executive— information, including financial information, about the housing service; information about the use of a funded property; non-identifying information about a client of the funded provider; any other information about the funding the funded provider receives that the chief executive considers appropriate.\n(sec.19-ssec.3) The funded provider must comply with the request within the time stated in the notice.\n(sec.19-ssec.4) In this section— client — means a person who— is receiving a housing service from the funded provider; or has applied to the funded provider for a housing service; and includes a tenant.\n- (a) information, including financial information, about the housing service;\n- (b) information about the use of a funded property;\n- (c) non-identifying information about a client of the funded provider;\n- (d) any other information about the funding the funded provider receives that the chief executive considers appropriate.\n- (a) means a person who— (i) is receiving a housing service from the funded provider; or (ii) has applied to the funded provider for a housing service; and\n- (i) is receiving a housing service from the funded provider; or\n- (ii) has applied to the funded provider for a housing service; and\n- (b) includes a tenant.\n- (i) is receiving a housing service from the funded provider; or\n- (ii) has applied to the funded provider for a housing service; and","sortOrder":23},{"sectionNumber":"pt.2A","sectionType":"part","heading":"Housing services requirements—BTR providers and HIF providers","content":"# Housing services requirements—BTR providers and HIF providers","sortOrder":24},{"sectionNumber":"pt.2A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":25},{"sectionNumber":"sec.19A","sectionType":"section","heading":"Definitions for part","content":"### sec.19A Definitions for part\n\nIn this part—\nBTR provider means an entity that is approved by the State as having the appropriate financial standing, technical capacity and capability to participate in the Build to Rent pilot project.\nBuild to Rent pilot project see section19B.\nHIF provider means an entity that is approved by the State as having the appropriate financial standing, technical capacity and capability to participate in the Housing Investment Fund program.\nHousing Investment Fund program see section 19C .\ns 19A ins 2023 SL No. 179 s 7","sortOrder":26},{"sectionNumber":"sec.19B","sectionType":"section","heading":"What is the Build to Rent pilot project","content":"### sec.19B What is the Build to Rent pilot project\n\nThe Build to Rent pilot project is the pilot project administered by the State that seeks to deliver affordable housing to low to moderate income earners by providing rent subsidies to developers to encourage the development of affordable housing in Queensland.\ns 19B ins 2023 SL No. 179 s 7","sortOrder":27},{"sectionNumber":"sec.19C","sectionType":"section","heading":"What is the Housing Investment Fund program","content":"### sec.19C What is the Housing Investment Fund program\n\nThe Housing Investment Fund program is the program administered by the State that—\nseeks to deliver community housing and affordable housing to low to moderate income earners; and\nprovides subsidies, one-off capital grants and other support to encourage developers, builders, tenancy managers, institutional investors and superannuation funds to develop, finance and operate community housing and affordable housing in Queensland.\nIn this section—\ncommunity housing means a community housing service provided by a registered provider.\ns 19C ins 2023 SL No. 179 s 7\n(sec.19C-ssec.1) The Housing Investment Fund program is the program administered by the State that— seeks to deliver community housing and affordable housing to low to moderate income earners; and provides subsidies, one-off capital grants and other support to encourage developers, builders, tenancy managers, institutional investors and superannuation funds to develop, finance and operate community housing and affordable housing in Queensland.\n(sec.19C-ssec.2) In this section— community housing means a community housing service provided by a registered provider.\n- (a) seeks to deliver community housing and affordable housing to low to moderate income earners; and\n- (b) provides subsidies, one-off capital grants and other support to encourage developers, builders, tenancy managers, institutional investors and superannuation funds to develop, finance and operate community housing and affordable housing in Queensland.","sortOrder":28},{"sectionNumber":"sec.19D","sectionType":"section","heading":"Housing services requirements— Act , s 33","content":"### sec.19D Housing services requirements— Act , s 33\n\nThis part prescribes the requirements relating to the provision of housing services for which a funded provider who is a BTR provider or HIF provider receives funding.\nA BTR provider or HIF provider is an exempt provider under schedule 4 of the Act . See section 38A .\ns 19D ins 2023 SL No. 179 s 7","sortOrder":29},{"sectionNumber":"sec.19E","sectionType":"section","heading":"Inconsistency with funding agreements","content":"### sec.19E Inconsistency with funding agreements\n\nIf a provision of this part is inconsistent with a term of a funding agreement—\nthe provision prevails; and\nthe term is void to the extent of the inconsistency.\nSubsection (1) does not limit another provision of this regulation.\ns 19E ins 2023 SL No. 179 s 7\n(sec.19E-ssec.1) If a provision of this part is inconsistent with a term of a funding agreement— the provision prevails; and the term is void to the extent of the inconsistency.\n(sec.19E-ssec.2) Subsection (1) does not limit another provision of this regulation.\n- (a) the provision prevails; and\n- (b) the term is void to the extent of the inconsistency.","sortOrder":30},{"sectionNumber":"pt.2A-div.2","sectionType":"division","heading":"Financial management and accountability requirements","content":"## Financial management and accountability requirements","sortOrder":31},{"sectionNumber":"sec.19F","sectionType":"section","heading":"Using funding and receipts","content":"### sec.19F Using funding and receipts\n\nThis section applies to a BTR provider or HIF provider.\nThe BTR provider or HIF provider must use the funding or receipts that the provider receives for a housing service in a way that complies with the funding agreement for the service.\ns 19F ins 2023 SL No. 179 s 7\n(sec.19F-ssec.1) This section applies to a BTR provider or HIF provider.\n(sec.19F-ssec.2) The BTR provider or HIF provider must use the funding or receipts that the provider receives for a housing service in a way that complies with the funding agreement for the service.","sortOrder":32},{"sectionNumber":"sec.19G","sectionType":"section","heading":"Financial statements for ancillary housing service","content":"### sec.19G Financial statements for ancillary housing service\n\nThis section applies to a HIF provider that receives funding for an ancillary housing service.\nThe HIF provider must prepare annual financial statements for each financial year in which the provider receives the funding.\nIf the HIF provider is established under an Act, the annual financial statements must be in the form, and contain the information, required under the Act .\nIf the chief executive requests a copy of the annual financial statements, the HIF provider must comply with the request.\nThe HIF provider must comply with this section even if the provider—\ndoes not provide, or is not required to provide, the ancillary housing service for the whole of the financial year; or\nstops providing the ancillary housing service before fully complying with this section.\ns 19G ins 2023 SL No. 179 s 7\n(sec.19G-ssec.1) This section applies to a HIF provider that receives funding for an ancillary housing service.\n(sec.19G-ssec.2) The HIF provider must prepare annual financial statements for each financial year in which the provider receives the funding.\n(sec.19G-ssec.3) If the HIF provider is established under an Act, the annual financial statements must be in the form, and contain the information, required under the Act .\n(sec.19G-ssec.4) If the chief executive requests a copy of the annual financial statements, the HIF provider must comply with the request.\n(sec.19G-ssec.5) The HIF provider must comply with this section even if the provider— does not provide, or is not required to provide, the ancillary housing service for the whole of the financial year; or stops providing the ancillary housing service before fully complying with this section.\n- (a) does not provide, or is not required to provide, the ancillary housing service for the whole of the financial year; or\n- (b) stops providing the ancillary housing service before fully complying with this section.","sortOrder":33},{"sectionNumber":"sec.19H","sectionType":"section","heading":"Using funded property as security","content":"### sec.19H Using funded property as security\n\nThis section applies to a HIF provider.\nThe HIF provider must not use funded property as security for a loan unless the chief executive gives the HIF provider written approval to use the funded property as security for the loan.\ns 19H ins 2023 SL No. 179 s 7\n(sec.19H-ssec.1) This section applies to a HIF provider.\n(sec.19H-ssec.2) The HIF provider must not use funded property as security for a loan unless the chief executive gives the HIF provider written approval to use the funded property as security for the loan.","sortOrder":34},{"sectionNumber":"sec.19I","sectionType":"section","heading":"Asset management plans","content":"### sec.19I Asset management plans\n\nThis section applies to a HIF provider.\nThe HIF provider must keep, and implement, a management plan (an asset management plan ) for each of the HIF provider’s funded properties.\nThe purpose of an asset management plan is to—\nmaintain the long-term viability, and value, of the funded property; and\nensure the funded property is appropriate for—\nthe type of housing service the HIF provider provides; and\nthe needs of people using the housing service; and\nthe circumstances in which the HIF provider provides the housing service.\nAn asset management plan must include financial strategies for the plan’s implementation.\nIf the chief executive requests a copy of an asset management plan, the HIF provider must comply with the request.\ns 19I ins 2023 SL No. 179 s 7\n(sec.19I-ssec.1) This section applies to a HIF provider.\n(sec.19I-ssec.2) The HIF provider must keep, and implement, a management plan (an asset management plan ) for each of the HIF provider’s funded properties.\n(sec.19I-ssec.3) The purpose of an asset management plan is to— maintain the long-term viability, and value, of the funded property; and ensure the funded property is appropriate for— the type of housing service the HIF provider provides; and the needs of people using the housing service; and the circumstances in which the HIF provider provides the housing service.\n(sec.19I-ssec.4) An asset management plan must include financial strategies for the plan’s implementation.\n(sec.19I-ssec.5) If the chief executive requests a copy of an asset management plan, the HIF provider must comply with the request.\n- (a) maintain the long-term viability, and value, of the funded property; and\n- (b) ensure the funded property is appropriate for— (i) the type of housing service the HIF provider provides; and (ii) the needs of people using the housing service; and (iii) the circumstances in which the HIF provider provides the housing service.\n- (i) the type of housing service the HIF provider provides; and\n- (ii) the needs of people using the housing service; and\n- (iii) the circumstances in which the HIF provider provides the housing service.\n- (i) the type of housing service the HIF provider provides; and\n- (ii) the needs of people using the housing service; and\n- (iii) the circumstances in which the HIF provider provides the housing service.","sortOrder":35},{"sectionNumber":"pt.2A-div.3","sectionType":"division","heading":"Governance and service delivery","content":"## Governance and service delivery","sortOrder":36},{"sectionNumber":"sec.19J","sectionType":"section","heading":"Compliance with Queensland privacy principles","content":"### sec.19J Compliance with Queensland privacy principles\n\nA BTR provider or HIF provider must comply with the Information Privacy Act 2009 , chapter 2 , parts 1 and 2 as if the provider were the department.\ns 19J ins 2023 SL No. 179 s 7\namd 2025 SL No. 75 s 13 sch 2","sortOrder":37},{"sectionNumber":"sec.19K","sectionType":"section","heading":"Eligibility policy for social housing services","content":"### sec.19K Eligibility policy for social housing services\n\nThis section applies to a BTR provider or HIF provider that receives funding to provide a social housing service.\nThe BTR provider or HIF provider must—\nhave an eligibility policy for the social housing service; and\nimplement the eligibility policy for the social housing service consistently and fairly.\nIn this section—\neligibility policy , for a social housing service, means a policy that—\nstates the criteria and procedures for deciding whether a person is eligible to receive the service; and\ncomplies with the funding agreement for the service.\ns 19K ins 2023 SL No. 179 s 7\n(sec.19K-ssec.1) This section applies to a BTR provider or HIF provider that receives funding to provide a social housing service.\n(sec.19K-ssec.2) The BTR provider or HIF provider must— have an eligibility policy for the social housing service; and implement the eligibility policy for the social housing service consistently and fairly.\n(sec.19K-ssec.3) In this section— eligibility policy , for a social housing service, means a policy that— states the criteria and procedures for deciding whether a person is eligible to receive the service; and complies with the funding agreement for the service.\n- (a) have an eligibility policy for the social housing service; and\n- (b) implement the eligibility policy for the social housing service consistently and fairly.\n- (a) states the criteria and procedures for deciding whether a person is eligible to receive the service; and\n- (b) complies with the funding agreement for the service.","sortOrder":38},{"sectionNumber":"sec.19L","sectionType":"section","heading":"Allocations policy for social housing services","content":"### sec.19L Allocations policy for social housing services\n\nThis section applies to a BTR provider or HIF provider that receives funding to provide a social housing service.\nThe BTR provider or HIF provider must—\nhave an allocations policy for the social housing service; and\nimplement the allocations policy for the social housing service consistently and fairly.\nIn this section—\nallocations policy , for a social housing service, means a policy that—\nstates the criteria and procedures for deciding whether the service is to be allocated to a person eligible to receive the service; and\ncomplies with the funding agreement for the service.\ns 19L ins 2023 SL No. 179 s 7\n(sec.19L-ssec.1) This section applies to a BTR provider or HIF provider that receives funding to provide a social housing service.\n(sec.19L-ssec.2) The BTR provider or HIF provider must— have an allocations policy for the social housing service; and implement the allocations policy for the social housing service consistently and fairly.\n(sec.19L-ssec.3) In this section— allocations policy , for a social housing service, means a policy that— states the criteria and procedures for deciding whether the service is to be allocated to a person eligible to receive the service; and complies with the funding agreement for the service.\n- (a) have an allocations policy for the social housing service; and\n- (b) implement the allocations policy for the social housing service consistently and fairly.\n- (a) states the criteria and procedures for deciding whether the service is to be allocated to a person eligible to receive the service; and\n- (b) complies with the funding agreement for the service.","sortOrder":39},{"sectionNumber":"sec.19M","sectionType":"section","heading":"Eligibility policy for ancillary housing services","content":"### sec.19M Eligibility policy for ancillary housing services\n\nThis section applies to a HIF provider that receives funding to provide an ancillary housing service.\nThe HIF provider must—\nhave an eligibility policy for the ancillary housing service; and\nimplement the eligibility policy for the ancillary housing service consistently and fairly.\nIn this section—\neligibility policy , for an ancillary housing service, means a policy that—\nstates the criteria and procedures for deciding whether a person is eligible to receive the service; and\ncomplies with the funding agreement for the service.\ns 19M ins 2023 SL No. 179 s 7\n(sec.19M-ssec.1) This section applies to a HIF provider that receives funding to provide an ancillary housing service.\n(sec.19M-ssec.2) The HIF provider must— have an eligibility policy for the ancillary housing service; and implement the eligibility policy for the ancillary housing service consistently and fairly.\n(sec.19M-ssec.3) In this section— eligibility policy , for an ancillary housing service, means a policy that— states the criteria and procedures for deciding whether a person is eligible to receive the service; and complies with the funding agreement for the service.\n- (a) have an eligibility policy for the ancillary housing service; and\n- (b) implement the eligibility policy for the ancillary housing service consistently and fairly.\n- (a) states the criteria and procedures for deciding whether a person is eligible to receive the service; and\n- (b) complies with the funding agreement for the service.","sortOrder":40},{"sectionNumber":"sec.19N","sectionType":"section","heading":"Rent policy for residential housing","content":"### sec.19N Rent policy for residential housing\n\nThis section applies to a BTR provider or HIF provider that receives funding to provide a housing service for residential use.\nThe BTR provider or HIF provider must—\nkeep a rent policy for the housing service; and\nimplement the rent policy for the housing service consistently and fairly.\nThe BTR provider or HIF provider must comply with subsection (2) even if rent is not paid for the housing service.\nHowever, if a tenant pays rent for the housing service, the BTR provider or HIF provider must keep a record of rent calculations for the tenant for the period required under the funding agreement.\nIn this section—\nrent policy , for a housing service for residential use, means a policy that—\nstates the criteria and procedures relating to rent paid by a tenant for the service, including, for example, about—\nsetting the amount of rent; and\ncalculating rent payments; and\ncollecting rent; and\nmanaging rent arrears; and\nprovides for—\nexplaining rent calculations to the tenant and dealing with their queries about rent; and\ngiving the tenant a choice of ways to pay rent; and\npreventing the tenant from getting into serious arrears of rent; and\ncomplies with the funding agreement for the service.\ntenant means an individual to whom a housing service is provided for residential use.\ns 19N ins 2023 SL No. 179 s 7\n(sec.19N-ssec.1) This section applies to a BTR provider or HIF provider that receives funding to provide a housing service for residential use.\n(sec.19N-ssec.2) The BTR provider or HIF provider must— keep a rent policy for the housing service; and implement the rent policy for the housing service consistently and fairly.\n(sec.19N-ssec.3) The BTR provider or HIF provider must comply with subsection (2) even if rent is not paid for the housing service.\n(sec.19N-ssec.4) However, if a tenant pays rent for the housing service, the BTR provider or HIF provider must keep a record of rent calculations for the tenant for the period required under the funding agreement.\n(sec.19N-ssec.5) In this section— rent policy , for a housing service for residential use, means a policy that— states the criteria and procedures relating to rent paid by a tenant for the service, including, for example, about— setting the amount of rent; and calculating rent payments; and collecting rent; and managing rent arrears; and provides for— explaining rent calculations to the tenant and dealing with their queries about rent; and giving the tenant a choice of ways to pay rent; and preventing the tenant from getting into serious arrears of rent; and complies with the funding agreement for the service. tenant means an individual to whom a housing service is provided for residential use.\n- (a) keep a rent policy for the housing service; and\n- (b) implement the rent policy for the housing service consistently and fairly.\n- (a) states the criteria and procedures relating to rent paid by a tenant for the service, including, for example, about— (i) setting the amount of rent; and (ii) calculating rent payments; and (iii) collecting rent; and (iv) managing rent arrears; and\n- (i) setting the amount of rent; and\n- (ii) calculating rent payments; and\n- (iii) collecting rent; and\n- (iv) managing rent arrears; and\n- (b) provides for— (i) explaining rent calculations to the tenant and dealing with their queries about rent; and (ii) giving the tenant a choice of ways to pay rent; and (iii) preventing the tenant from getting into serious arrears of rent; and\n- (i) explaining rent calculations to the tenant and dealing with their queries about rent; and\n- (ii) giving the tenant a choice of ways to pay rent; and\n- (iii) preventing the tenant from getting into serious arrears of rent; and\n- (c) complies with the funding agreement for the service.\n- (i) setting the amount of rent; and\n- (ii) calculating rent payments; and\n- (iii) collecting rent; and\n- (iv) managing rent arrears; and\n- (i) explaining rent calculations to the tenant and dealing with their queries about rent; and\n- (ii) giving the tenant a choice of ways to pay rent; and\n- (iii) preventing the tenant from getting into serious arrears of rent; and","sortOrder":41},{"sectionNumber":"sec.19O","sectionType":"section","heading":"Information about funded properties","content":"### sec.19O Information about funded properties\n\nThis section applies to a HIF provider that receives funding to provide a social housing service.\nThe chief executive may, by notice, require the HIF provider to give the chief executive stated information about each funded property for the service.\nThe HIF provider must comply with the request within the period stated in the notice.\nIf the information given to the chief executive changes, the HIF provider must give details of the change to the chief executive as soon as practicable.\ns 19O ins 2023 SL No. 179 s 7\n(sec.19O-ssec.1) This section applies to a HIF provider that receives funding to provide a social housing service.\n(sec.19O-ssec.2) The chief executive may, by notice, require the HIF provider to give the chief executive stated information about each funded property for the service.\n(sec.19O-ssec.3) The HIF provider must comply with the request within the period stated in the notice.\n(sec.19O-ssec.4) If the information given to the chief executive changes, the HIF provider must give details of the change to the chief executive as soon as practicable.","sortOrder":42},{"sectionNumber":"sec.19P","sectionType":"section","heading":"Information about housing services","content":"### sec.19P Information about housing services\n\nThis section applies to a HIF provider that receives funding to provide a housing service.\nThe chief executive may, by notice, require the HIF provider to give the following information to the chief executive—\ninformation, including financial information, about the housing service;\ninformation about the use of a funded property for the service;\nnon-identifying information about a client of the funded provider;\nany other information about the funding the HIF provider receives that the chief executive considers appropriate.\nThe HIF provider must comply with the request within the period stated in the notice.\nIn this section—\nclient —\nmeans a person who—\nis receiving a housing service from the funded provider; or\nhas applied to the funded provider for a housing service; and\nincludes a tenant.\ns 19P ins 2023 SL No. 179 s 7\n(sec.19P-ssec.1) This section applies to a HIF provider that receives funding to provide a housing service.\n(sec.19P-ssec.2) The chief executive may, by notice, require the HIF provider to give the following information to the chief executive— information, including financial information, about the housing service; information about the use of a funded property for the service; non-identifying information about a client of the funded provider; any other information about the funding the HIF provider receives that the chief executive considers appropriate.\n(sec.19P-ssec.3) The HIF provider must comply with the request within the period stated in the notice.\n(sec.19P-ssec.4) In this section— client — means a person who— is receiving a housing service from the funded provider; or has applied to the funded provider for a housing service; and includes a tenant.\n- (a) information, including financial information, about the housing service;\n- (b) information about the use of a funded property for the service;\n- (c) non-identifying information about a client of the funded provider;\n- (d) any other information about the funding the HIF provider receives that the chief executive considers appropriate.\n- (a) means a person who— (i) is receiving a housing service from the funded provider; or (ii) has applied to the funded provider for a housing service; and\n- (i) is receiving a housing service from the funded provider; or\n- (ii) has applied to the funded provider for a housing service; and\n- (b) includes a tenant.\n- (i) is receiving a housing service from the funded provider; or\n- (ii) has applied to the funded provider for a housing service; and","sortOrder":43},{"sectionNumber":"pt.3","sectionType":"part","heading":"Contracts register","content":"# Contracts register","sortOrder":44},{"sectionNumber":"sec.20","sectionType":"section","heading":"Contracts register","content":"### sec.20 Contracts register\n\nThe chief executive must keep a contracts register.\nThe chief executive may keep the contracts register in the form the chief executive considers appropriate.\n(sec.20-ssec.1) The chief executive must keep a contracts register.\n(sec.20-ssec.2) The chief executive may keep the contracts register in the form the chief executive considers appropriate.","sortOrder":45},{"sectionNumber":"sec.21","sectionType":"section","heading":"Recording particulars in contracts register","content":"### sec.21 Recording particulars in contracts register\n\nThis section applies if a section contract is lodged with the chief executive.\nThe chief executive must record the following particulars in the contracts register—\nparticulars about the section contract, including the name of the purchaser;\nparticulars about a registrable or other document relating to the section contract, including when the chief executive recorded the document in the register;\nany other particulars about the section contract that the chief executive considers should be recorded to ensure the register is an accurate, comprehensive and useable record of the contract, including for example—\nwhen the section contract ends; and\nthe reason for the section contract ending.\nThe amount payable under the section contract has been fully paid.\nThe purchaser breached the terms of the section contract.\n(sec.21-ssec.1) This section applies if a section contract is lodged with the chief executive.\n(sec.21-ssec.2) The chief executive must record the following particulars in the contracts register— particulars about the section contract, including the name of the purchaser; particulars about a registrable or other document relating to the section contract, including when the chief executive recorded the document in the register; any other particulars about the section contract that the chief executive considers should be recorded to ensure the register is an accurate, comprehensive and useable record of the contract, including for example— when the section contract ends; and the reason for the section contract ending. The amount payable under the section contract has been fully paid. The purchaser breached the terms of the section contract.\n- (a) particulars about the section contract, including the name of the purchaser;\n- (b) particulars about a registrable or other document relating to the section contract, including when the chief executive recorded the document in the register;\n- (c) any other particulars about the section contract that the chief executive considers should be recorded to ensure the register is an accurate, comprehensive and useable record of the contract, including for example— (i) when the section contract ends; and (ii) the reason for the section contract ending. Examples for paragraph (ii) — 1 The amount payable under the section contract has been fully paid. 2 The purchaser breached the terms of the section contract.\n- (i) when the section contract ends; and\n- (ii) the reason for the section contract ending. Examples for paragraph (ii) — 1 The amount payable under the section contract has been fully paid. 2 The purchaser breached the terms of the section contract.\n- 1 The amount payable under the section contract has been fully paid.\n- 2 The purchaser breached the terms of the section contract.\n- (i) when the section contract ends; and\n- (ii) the reason for the section contract ending. Examples for paragraph (ii) — 1 The amount payable under the section contract has been fully paid. 2 The purchaser breached the terms of the section contract.\n- 1 The amount payable under the section contract has been fully paid.\n- 2 The purchaser breached the terms of the section contract.\n- 1 The amount payable under the section contract has been fully paid.\n- 2 The purchaser breached the terms of the section contract.","sortOrder":46},{"sectionNumber":"sec.22","sectionType":"section","heading":"Keeping other information","content":"### sec.22 Keeping other information\n\nThe chief executive may keep, separately from the contracts register, any information that the chief executive considers necessary or desirable for the effective or efficient operation of the register.","sortOrder":47},{"sectionNumber":"sec.23","sectionType":"section","heading":"Documents forming part of contracts register","content":"### sec.23 Documents forming part of contracts register\n\nA document—\nforms part of the contracts register when the document is lodged; and\nis registered when the particulars about the document are recorded in the contracts register.\n- (a) forms part of the contracts register when the document is lodged; and\n- (b) is registered when the particulars about the document are recorded in the contracts register.","sortOrder":48},{"sectionNumber":"sec.24","sectionType":"section","heading":"Searching contracts register","content":"### sec.24 Searching contracts register\n\nAfter paying the fee stated in schedule 1 , a person may—\nsearch and get a copy of—\nparticulars about a section contract that are recorded in the contracts register; or\na document that was lodged but not registered (whether or not the document has been cancelled); or\na registered document; or\ninformation kept under section 22 ; and\nhave a copy of a thing mentioned in paragraph (a) certified by the chief executive to be an accurate copy.\nHowever, a person may not search or get a copy of a document that the chief executive has disposed of under the Public Records Act 2002 .\nThe chief executive may certify a copy of a document mentioned in subsection (1) (a) .\nA copy of a document that purports to have been certified by the chief executive is, in a proceeding, evidence of the document.\n(sec.24-ssec.1) After paying the fee stated in schedule 1 , a person may— search and get a copy of— particulars about a section contract that are recorded in the contracts register; or a document that was lodged but not registered (whether or not the document has been cancelled); or a registered document; or information kept under section 22 ; and have a copy of a thing mentioned in paragraph (a) certified by the chief executive to be an accurate copy.\n(sec.24-ssec.2) However, a person may not search or get a copy of a document that the chief executive has disposed of under the Public Records Act 2002 .\n(sec.24-ssec.3) The chief executive may certify a copy of a document mentioned in subsection (1) (a) .\n(sec.24-ssec.4) A copy of a document that purports to have been certified by the chief executive is, in a proceeding, evidence of the document.\n- (a) search and get a copy of— (i) particulars about a section contract that are recorded in the contracts register; or (ii) a document that was lodged but not registered (whether or not the document has been cancelled); or (iii) a registered document; or (iv) information kept under section 22 ; and\n- (i) particulars about a section contract that are recorded in the contracts register; or\n- (ii) a document that was lodged but not registered (whether or not the document has been cancelled); or\n- (iii) a registered document; or\n- (iv) information kept under section 22 ; and\n- (b) have a copy of a thing mentioned in paragraph (a) certified by the chief executive to be an accurate copy.\n- (i) particulars about a section contract that are recorded in the contracts register; or\n- (ii) a document that was lodged but not registered (whether or not the document has been cancelled); or\n- (iii) a registered document; or\n- (iv) information kept under section 22 ; and","sortOrder":49},{"sectionNumber":"sec.25","sectionType":"section","heading":"Correcting contracts register","content":"### sec.25 Correcting contracts register\n\nThe chief executive may correct the contracts register if satisfied—\nthe register is incorrect; and\nthe correction will not prejudice a purchaser’s rights.\nFor that purpose, the chief executive may correct—\na particular in the register; or\na document that forms part of the register.\nIf the chief executive corrects the contracts register, the chief executive must record in the register—\nthe state of the register before the register was corrected; and\nthe day the register was corrected; and\nthe reason the register was corrected.\n(sec.25-ssec.1) The chief executive may correct the contracts register if satisfied— the register is incorrect; and the correction will not prejudice a purchaser’s rights.\n(sec.25-ssec.2) For that purpose, the chief executive may correct— a particular in the register; or a document that forms part of the register.\n(sec.25-ssec.3) If the chief executive corrects the contracts register, the chief executive must record in the register— the state of the register before the register was corrected; and the day the register was corrected; and the reason the register was corrected.\n- (a) the register is incorrect; and\n- (b) the correction will not prejudice a purchaser’s rights.\n- (a) a particular in the register; or\n- (b) a document that forms part of the register.\n- (a) the state of the register before the register was corrected; and\n- (b) the day the register was corrected; and\n- (c) the reason the register was corrected.","sortOrder":50},{"sectionNumber":"sec.26","sectionType":"section","heading":"Requisitions","content":"### sec.26 Requisitions\n\nThis section applies if a person applies to the chief executive to lodge a document.\nThe chief executive may, by written notice (a requisition), require the person to—\nre-execute, complete or correct the document if the chief executive considers the document is wrong, incomplete or defective; or\ngive the chief executive another document or information to support the person’s application.\nThe requisition may require the other document or information to be verified by a statutory declaration or affidavit.\nThe requisition may state when the requisition must be complied with.\nThe chief executive may extend the time for complying with the requisition.\nThe chief executive may refuse to deal with the document until the person—\ncomplies with the requisition; and\npays the fee stated in schedule 1 .\n(sec.26-ssec.1) This section applies if a person applies to the chief executive to lodge a document.\n(sec.26-ssec.2) The chief executive may, by written notice (a requisition), require the person to— re-execute, complete or correct the document if the chief executive considers the document is wrong, incomplete or defective; or give the chief executive another document or information to support the person’s application.\n(sec.26-ssec.3) The requisition may require the other document or information to be verified by a statutory declaration or affidavit.\n(sec.26-ssec.4) The requisition may state when the requisition must be complied with.\n(sec.26-ssec.5) The chief executive may extend the time for complying with the requisition.\n(sec.26-ssec.6) The chief executive may refuse to deal with the document until the person— complies with the requisition; and pays the fee stated in schedule 1 .\n- (a) re-execute, complete or correct the document if the chief executive considers the document is wrong, incomplete or defective; or\n- (b) give the chief executive another document or information to support the person’s application.\n- (a) complies with the requisition; and\n- (b) pays the fee stated in schedule 1 .","sortOrder":51},{"sectionNumber":"sec.27","sectionType":"section","heading":"Registering death of joint purchasers","content":"### sec.27 Registering death of joint purchasers\n\nA person may ask the chief executive to register the death of a joint purchaser.\nAfter receiving a written request to register the death of a joint purchaser, the chief executive may register the death.\n(sec.27-ssec.1) A person may ask the chief executive to register the death of a joint purchaser.\n(sec.27-ssec.2) After receiving a written request to register the death of a joint purchaser, the chief executive may register the death.","sortOrder":52},{"sectionNumber":"sec.28","sectionType":"section","heading":"Registering personal representatives","content":"### sec.28 Registering personal representatives\n\nA person may ask the chief executive to register—\nthe death of a purchaser under a section contract; and\nthe person as the purchaser’s personal representative.\nAfter receiving a written request to register the person as the purchaser’s personal representative, the chief executive may register the person as the purchaser’s personal representative.\nHowever, the chief executive may register the person as the purchaser’s personal representative only if—\nif the person has obtained a grant of representation—the person gives the grant, or an office copy of the grant issued by the Supreme Court, to the chief executive; or\nif paragraph (a) does not apply and the purchaser died without a will—\nletters of administration of the purchaser’s estate have not been granted in Queensland within 6 months after the purchaser’s death; and\nthe gross value of the purchaser’s estate in Queensland on the day of the purchaser’s death is not more than $150,000; and\nthe chief executive believes the person has a right to obtain a grant of representation; or\nif paragraph (a) does not apply and the purchaser died with a will—the chief executive believes the person has a right to obtain a grant of representation.\nA person registered as a personal representative without a grant of representation has the same interest in a section contract as if the person had a grant of representation.\nThe validity of an act done, or payment made, in good faith under a section contract by a person registered as personal representative is not affected by a later grant of representation.\nIf the person (the grantee ) who obtains a grant of representation is different from the person registered as personal representative, the registered person must—\naccount to the grantee for an interest in a section contract that the person controlled before the grant was made; and\ntake all action necessary to vest the interest in the contract that remains under the person’s control in the grantee.\nIn a section contract, a reference to a purchaser includes a reference to the purchaser’s personal representative, to the extent there is no contrary intention in the section contract.\n(sec.28-ssec.1) A person may ask the chief executive to register— the death of a purchaser under a section contract; and the person as the purchaser’s personal representative.\n(sec.28-ssec.2) After receiving a written request to register the person as the purchaser’s personal representative, the chief executive may register the person as the purchaser’s personal representative.\n(sec.28-ssec.3) However, the chief executive may register the person as the purchaser’s personal representative only if— if the person has obtained a grant of representation—the person gives the grant, or an office copy of the grant issued by the Supreme Court, to the chief executive; or if paragraph (a) does not apply and the purchaser died without a will— letters of administration of the purchaser’s estate have not been granted in Queensland within 6 months after the purchaser’s death; and the gross value of the purchaser’s estate in Queensland on the day of the purchaser’s death is not more than $150,000; and the chief executive believes the person has a right to obtain a grant of representation; or if paragraph (a) does not apply and the purchaser died with a will—the chief executive believes the person has a right to obtain a grant of representation.\n(sec.28-ssec.4) A person registered as a personal representative without a grant of representation has the same interest in a section contract as if the person had a grant of representation.\n(sec.28-ssec.5) The validity of an act done, or payment made, in good faith under a section contract by a person registered as personal representative is not affected by a later grant of representation.\n(sec.28-ssec.6) If the person (the grantee ) who obtains a grant of representation is different from the person registered as personal representative, the registered person must— account to the grantee for an interest in a section contract that the person controlled before the grant was made; and take all action necessary to vest the interest in the contract that remains under the person’s control in the grantee.\n(sec.28-ssec.7) In a section contract, a reference to a purchaser includes a reference to the purchaser’s personal representative, to the extent there is no contrary intention in the section contract.\n- (a) the death of a purchaser under a section contract; and\n- (b) the person as the purchaser’s personal representative.\n- (a) if the person has obtained a grant of representation—the person gives the grant, or an office copy of the grant issued by the Supreme Court, to the chief executive; or\n- (b) if paragraph (a) does not apply and the purchaser died without a will— (i) letters of administration of the purchaser’s estate have not been granted in Queensland within 6 months after the purchaser’s death; and (ii) the gross value of the purchaser’s estate in Queensland on the day of the purchaser’s death is not more than $150,000; and (iii) the chief executive believes the person has a right to obtain a grant of representation; or\n- (i) letters of administration of the purchaser’s estate have not been granted in Queensland within 6 months after the purchaser’s death; and\n- (ii) the gross value of the purchaser’s estate in Queensland on the day of the purchaser’s death is not more than $150,000; and\n- (iii) the chief executive believes the person has a right to obtain a grant of representation; or\n- (c) if paragraph (a) does not apply and the purchaser died with a will—the chief executive believes the person has a right to obtain a grant of representation.\n- (i) letters of administration of the purchaser’s estate have not been granted in Queensland within 6 months after the purchaser’s death; and\n- (ii) the gross value of the purchaser’s estate in Queensland on the day of the purchaser’s death is not more than $150,000; and\n- (iii) the chief executive believes the person has a right to obtain a grant of representation; or\n- (a) account to the grantee for an interest in a section contract that the person controlled before the grant was made; and\n- (b) take all action necessary to vest the interest in the contract that remains under the person’s control in the grantee.","sortOrder":53},{"sectionNumber":"sec.29","sectionType":"section","heading":"Registering persons beneficially entitled","content":"### sec.29 Registering persons beneficially entitled\n\nA person who is beneficially entitled under a will to a purchaser’s interest in a section contract may ask the chief executive to register a transmission of the purchaser’s interest to the person.\nAfter receiving a written request to register the transmission, the chief executive may register the transmission.\nHowever, the chief executive may register the transmission only if—\nthe purchaser’s personal representative gives written approval; and\nthe chief executive is satisfied the person is beneficially entitled to the interest.\n(sec.29-ssec.1) A person who is beneficially entitled under a will to a purchaser’s interest in a section contract may ask the chief executive to register a transmission of the purchaser’s interest to the person.\n(sec.29-ssec.2) After receiving a written request to register the transmission, the chief executive may register the transmission.\n(sec.29-ssec.3) However, the chief executive may register the transmission only if— the purchaser’s personal representative gives written approval; and the chief executive is satisfied the person is beneficially entitled to the interest.\n- (a) the purchaser’s personal representative gives written approval; and\n- (b) the chief executive is satisfied the person is beneficially entitled to the interest.","sortOrder":54},{"sectionNumber":"sec.30","sectionType":"section","heading":"Registering other dealings","content":"### sec.30 Registering other dealings\n\nThe chief executive may register particulars about each of the following dealings if a request to register the dealing is lodged—\na change or correction of the name of a purchaser under a section contract;\na court order affecting (directly or indirectly) a purchaser’s interest in a section contract;\na court order setting aside a court order mentioned in paragraph (b) ;\na power of attorney;\na revocation of a power of attorney;\na transmission of a purchaser’s interest in a section contract under a law about bankruptcy;\na disclaimer of an interest in a section contract under a law about bankruptcy;\nan assignment of a purchaser’s interest in a section contract;\na severance of a joint tenancy between joint purchasers under a section contract.\nThe request—\nmust be in writing; and\nif the request is a registrable document—must be in the form (if any) that the chief executive approves under section 31 .\n(sec.30-ssec.1) The chief executive may register particulars about each of the following dealings if a request to register the dealing is lodged— a change or correction of the name of a purchaser under a section contract; a court order affecting (directly or indirectly) a purchaser’s interest in a section contract; a court order setting aside a court order mentioned in paragraph (b) ; a power of attorney; a revocation of a power of attorney; a transmission of a purchaser’s interest in a section contract under a law about bankruptcy; a disclaimer of an interest in a section contract under a law about bankruptcy; an assignment of a purchaser’s interest in a section contract; a severance of a joint tenancy between joint purchasers under a section contract.\n(sec.30-ssec.2) The request— must be in writing; and if the request is a registrable document—must be in the form (if any) that the chief executive approves under section 31 .\n- (a) a change or correction of the name of a purchaser under a section contract;\n- (b) a court order affecting (directly or indirectly) a purchaser’s interest in a section contract;\n- (c) a court order setting aside a court order mentioned in paragraph (b) ;\n- (d) a power of attorney;\n- (e) a revocation of a power of attorney;\n- (f) a transmission of a purchaser’s interest in a section contract under a law about bankruptcy;\n- (g) a disclaimer of an interest in a section contract under a law about bankruptcy;\n- (h) an assignment of a purchaser’s interest in a section contract;\n- (i) a severance of a joint tenancy between joint purchasers under a section contract.\n- (a) must be in writing; and\n- (b) if the request is a registrable document—must be in the form (if any) that the chief executive approves under section 31 .","sortOrder":55},{"sectionNumber":"sec.31","sectionType":"section","heading":"Form of registrable documents","content":"### sec.31 Form of registrable documents\n\nThe chief executive may approve the form of a registrable document.\nIf the chief executive has approved the form of a registrable document, the chief executive may register a registrable document only if—\nthe document is in the approved form; or\nthe chief executive considers it appropriate, in the circumstances, to register a document that is not in the approved form.\n(sec.31-ssec.1) The chief executive may approve the form of a registrable document.\n(sec.31-ssec.2) If the chief executive has approved the form of a registrable document, the chief executive may register a registrable document only if— the document is in the approved form; or the chief executive considers it appropriate, in the circumstances, to register a document that is not in the approved form.\n- (a) the document is in the approved form; or\n- (b) the chief executive considers it appropriate, in the circumstances, to register a document that is not in the approved form.","sortOrder":56},{"sectionNumber":"pt.4","sectionType":"part","heading":"Fees","content":"# Fees","sortOrder":57},{"sectionNumber":"sec.32","sectionType":"section","heading":"Fees","content":"### sec.32 Fees\n\nThe fees payable under the Act are stated in schedule 1 .\nHowever, the chief executive may, by gazette notice, declare that—\nthe application fee for a kind of loan is an amount that is less than the fee stated in schedule 1 ; or\nno fee is payable for an application for a kind of loan.\nThe chief executive may make the declaration only if the chief executive believes that, by reducing or waiving the application fee, the chief executive may achieve or better achieve—\nan object of the Act ; or\nthe administration of the Act in a way that has sufficient regard to a guiding principle under the Act .\nThe chief executive may exempt a person from paying a fee or part of a fee if the chief executive is satisfied the person is suffering hardship.\n(sec.32-ssec.1) The fees payable under the Act are stated in schedule 1 .\n(sec.32-ssec.2) However, the chief executive may, by gazette notice, declare that— the application fee for a kind of loan is an amount that is less than the fee stated in schedule 1 ; or no fee is payable for an application for a kind of loan.\n(sec.32-ssec.3) The chief executive may make the declaration only if the chief executive believes that, by reducing or waiving the application fee, the chief executive may achieve or better achieve— an object of the Act ; or the administration of the Act in a way that has sufficient regard to a guiding principle under the Act .\n(sec.32-ssec.4) The chief executive may exempt a person from paying a fee or part of a fee if the chief executive is satisfied the person is suffering hardship.\n- (a) the application fee for a kind of loan is an amount that is less than the fee stated in schedule 1 ; or\n- (b) no fee is payable for an application for a kind of loan.\n- (a) an object of the Act ; or\n- (b) the administration of the Act in a way that has sufficient regard to a guiding principle under the Act .","sortOrder":58},{"sectionNumber":"sec.33","sectionType":"section","heading":"Expenses of taking possession","content":"### sec.33 Expenses of taking possession\n\nThis section applies if—\nthe chief executive takes possession of land under a section contract; and\nthe section contract provides for an amount to be paid to the chief executive for the expenses of taking possession.\nThe purchaser under the section contract must pay the chief executive the chief executive’s actual expenses of taking possession.\n(sec.33-ssec.1) This section applies if— the chief executive takes possession of land under a section contract; and the section contract provides for an amount to be paid to the chief executive for the expenses of taking possession.\n(sec.33-ssec.2) The purchaser under the section contract must pay the chief executive the chief executive’s actual expenses of taking possession.\n- (a) the chief executive takes possession of land under a section contract; and\n- (b) the section contract provides for an amount to be paid to the chief executive for the expenses of taking possession.","sortOrder":59},{"sectionNumber":"pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":60},{"sectionNumber":"sec.34","sectionType":"section","heading":"Prescribed housing service information— Act , s 18 (1)","content":"### sec.34 Prescribed housing service information— Act , s 18 (1)\n\nThe prescribed housing service information is information that—\nis given by a person who the State or a funded provider has provided a housing service to under a residential tenancy agreement; and\nis about—\nthe number of people who live in the housing provided under the housing service at any time during the tenancy period; and\nthe identity, and income, of each of those people; and\nwhen each of those people becomes an occupant; and\nwhen each of those people stops being an occupant.\nIn this section—\nresidential tenancy agreement —\nhas the meaning given under the Residential Tenancies and Rooming Accommodation Act 2008 , section 12 ; and\nincludes a rooming accommodation agreement within the meaning of the Residential Tenancies and Rooming Accommodation Act 2008 , section 16 .\ntenancy period means the period when people live in the housing provided under the housing service, under the residential tenancy agreement, including any renewal or extension of the agreement.\n(sec.34-ssec.1) The prescribed housing service information is information that— is given by a person who the State or a funded provider has provided a housing service to under a residential tenancy agreement; and is about— the number of people who live in the housing provided under the housing service at any time during the tenancy period; and the identity, and income, of each of those people; and when each of those people becomes an occupant; and when each of those people stops being an occupant.\n(sec.34-ssec.2) In this section— residential tenancy agreement — has the meaning given under the Residential Tenancies and Rooming Accommodation Act 2008 , section 12 ; and includes a rooming accommodation agreement within the meaning of the Residential Tenancies and Rooming Accommodation Act 2008 , section 16 . tenancy period means the period when people live in the housing provided under the housing service, under the residential tenancy agreement, including any renewal or extension of the agreement.\n- (a) is given by a person who the State or a funded provider has provided a housing service to under a residential tenancy agreement; and\n- (b) is about— (i) the number of people who live in the housing provided under the housing service at any time during the tenancy period; and (ii) the identity, and income, of each of those people; and (iii) when each of those people becomes an occupant; and (iv) when each of those people stops being an occupant.\n- (i) the number of people who live in the housing provided under the housing service at any time during the tenancy period; and\n- (ii) the identity, and income, of each of those people; and\n- (iii) when each of those people becomes an occupant; and\n- (iv) when each of those people stops being an occupant.\n- (i) the number of people who live in the housing provided under the housing service at any time during the tenancy period; and\n- (ii) the identity, and income, of each of those people; and\n- (iii) when each of those people becomes an occupant; and\n- (iv) when each of those people stops being an occupant.\n- (a) has the meaning given under the Residential Tenancies and Rooming Accommodation Act 2008 , section 12 ; and\n- (b) includes a rooming accommodation agreement within the meaning of the Residential Tenancies and Rooming Accommodation Act 2008 , section 16 .","sortOrder":61},{"sectionNumber":"sec.35","sectionType":"section","heading":"Standard interest rate policy— Act , s 92","content":"### sec.35 Standard interest rate policy— Act , s 92\n\nThis section prescribes the interest rate policy for section 92 (3) of the Act .\nThe declared standard fixed interest rate must not be—\nmore than the highest of the bank standard fixed interest rates, for the period, that applies on the chosen day; or\nless than the lowest of the bank standard fixed interest rates, for the period, that applies on the chosen day.\nThe declared standard variable interest rate must not be—\nmore than the highest of the bank standard variable interest rates that applies on the chosen day; or\nless than the lowest of the bank standard variable interest rates that applies on the chosen day.\nIn this section—\nbank standard fixed interest rates , for a period, means the standard fixed interest rates that the major banks charge for a home loan for the period.\nbank standard variable interest rates means the standard variable interest rates that the major banks charge for a home loan.\nchosen day means a day, chosen by the chief executive at the time of declaring a standard interest rate, that is within 1 month before the chief executive sets the rate.\nhome loan means a loan secured by a mortgage over a residential property that the mortgagor lives in.\nmajor banks means—\nAustralia and New Zealand Banking Group Limited ACN 005 357 522; and\nCommonwealth Bank of Australia ACN 123 123 124; and\nNational Australia Bank Limited ACN 004 044 937; and\nWestpac Banking Corporation ACN 007 457 141.\n(sec.35-ssec.1) This section prescribes the interest rate policy for section 92 (3) of the Act .\n(sec.35-ssec.2) The declared standard fixed interest rate must not be— more than the highest of the bank standard fixed interest rates, for the period, that applies on the chosen day; or less than the lowest of the bank standard fixed interest rates, for the period, that applies on the chosen day.\n(sec.35-ssec.3) The declared standard variable interest rate must not be— more than the highest of the bank standard variable interest rates that applies on the chosen day; or less than the lowest of the bank standard variable interest rates that applies on the chosen day.\n(sec.35-ssec.4) In this section— bank standard fixed interest rates , for a period, means the standard fixed interest rates that the major banks charge for a home loan for the period. bank standard variable interest rates means the standard variable interest rates that the major banks charge for a home loan. chosen day means a day, chosen by the chief executive at the time of declaring a standard interest rate, that is within 1 month before the chief executive sets the rate. home loan means a loan secured by a mortgage over a residential property that the mortgagor lives in. major banks means— Australia and New Zealand Banking Group Limited ACN 005 357 522; and Commonwealth Bank of Australia ACN 123 123 124; and National Australia Bank Limited ACN 004 044 937; and Westpac Banking Corporation ACN 007 457 141.\n- (a) more than the highest of the bank standard fixed interest rates, for the period, that applies on the chosen day; or\n- (b) less than the lowest of the bank standard fixed interest rates, for the period, that applies on the chosen day.\n- (a) more than the highest of the bank standard variable interest rates that applies on the chosen day; or\n- (b) less than the lowest of the bank standard variable interest rates that applies on the chosen day.\n- (a) Australia and New Zealand Banking Group Limited ACN 005 357 522; and\n- (b) Commonwealth Bank of Australia ACN 123 123 124; and\n- (c) National Australia Bank Limited ACN 004 044 937; and\n- (d) Westpac Banking Corporation ACN 007 457 141.","sortOrder":62},{"sectionNumber":"sec.35A","sectionType":"section","heading":"Prescribed non-profit organisations— Act , s 94I","content":"### sec.35A Prescribed non-profit organisations— Act , s 94I\n\nHomes For Homes Limited ACN 143 151 544 is prescribed for section 94I of the Act , definition non-profit organisation , paragraph (b) .\ns 35A ins 2023 Act No. 5 s 7","sortOrder":63},{"sectionNumber":"sec.36","sectionType":"section","heading":"End of transitional period— Act , s 156 , definition transitional period","content":"### sec.36 End of transitional period— Act , s 156 , definition transitional period\n\nThe end of the transitional period is—\nfor an accommodation provider that is a relevant entity—30 June 2019; or\nfor any other accommodation provider—31 December 2018.\ns 36 amd 2017 SL No. 85 s 3\n- (a) for an accommodation provider that is a relevant entity—30 June 2019; or\n- (b) for any other accommodation provider—31 December 2018.","sortOrder":64},{"sectionNumber":"sec.37","sectionType":"section","heading":"Transferring or disposing of relevant assets— Act , s 159 (2)","content":"### sec.37 Transferring or disposing of relevant assets— Act , s 159 (2)\n\nThis section prescribes the way an accommodation provider must transfer or otherwise dispose of a relevant asset.\nThe accommodation provider must consult with the chief executive about the most appropriate way of transferring or otherwise disposing of the relevant asset, before transferring or otherwise disposing of the asset.\nThe accommodation provider may transfer or otherwise dispose of the relevant asset—\nby transferring, surrendering or assigning the provider’s interest in the asset to—\nthe chief executive; or\na registered provider, with the chief executive’s written consent; or\nin another way, with the chief executive’s written consent.\nAlso, if the relevant asset is relevant property that is not a lease, the accommodation provider may dispose of the relevant asset by paying the value of the chief executive’s interest in the property to the department.\nThe chief executive may impose a condition on a written consent given under this section if the chief executive considers the condition is reasonably necessary to protect the asset.\nThe accommodation provider must comply with the condition.\nIn this section—\nlease means a lease of relevant property by the chief executive, or Queensland Housing Commission, to the accommodation provider for a relevant housing service.\n(sec.37-ssec.1) This section prescribes the way an accommodation provider must transfer or otherwise dispose of a relevant asset.\n(sec.37-ssec.2) The accommodation provider must consult with the chief executive about the most appropriate way of transferring or otherwise disposing of the relevant asset, before transferring or otherwise disposing of the asset.\n(sec.37-ssec.3) The accommodation provider may transfer or otherwise dispose of the relevant asset— by transferring, surrendering or assigning the provider’s interest in the asset to— the chief executive; or a registered provider, with the chief executive’s written consent; or in another way, with the chief executive’s written consent.\n(sec.37-ssec.4) Also, if the relevant asset is relevant property that is not a lease, the accommodation provider may dispose of the relevant asset by paying the value of the chief executive’s interest in the property to the department.\n(sec.37-ssec.5) The chief executive may impose a condition on a written consent given under this section if the chief executive considers the condition is reasonably necessary to protect the asset.\n(sec.37-ssec.6) The accommodation provider must comply with the condition.\n(sec.37-ssec.7) In this section— lease means a lease of relevant property by the chief executive, or Queensland Housing Commission, to the accommodation provider for a relevant housing service.\n- (a) by transferring, surrendering or assigning the provider’s interest in the asset to— (i) the chief executive; or (ii) a registered provider, with the chief executive’s written consent; or\n- (i) the chief executive; or\n- (ii) a registered provider, with the chief executive’s written consent; or\n- (b) in another way, with the chief executive’s written consent.\n- (i) the chief executive; or\n- (ii) a registered provider, with the chief executive’s written consent; or","sortOrder":65},{"sectionNumber":"sec.38","sectionType":"section","heading":"Exempt providers— Act , sch 4 , definition exempt provider","content":"### sec.38 Exempt providers— Act , sch 4 , definition exempt provider\n\nThis section prescribes an entity as being eligible to receive funding to provide—\na particular social housing service in this jurisdiction; or\nany social housing service in this jurisdiction.\nAn entity, other than an ineligible entity, is prescribed if, on 31 December 2013, the entity was registered under the Act .\nHowever, an entity stops being an exempt provider on the earliest of the following—\nif the entity’s registration application is approved, and the operation of the approval is not stayed—the day the approval takes effect;\nif the entity’s registration application is approved, but the operation of the approval is stayed—the day the stay ends;\nif the entity’s registration application is refused, and the entity does not apply for a review of the refusal—\nthe day the refusal takes effect; or\nif the operation of the refusal is stayed—the day the stay ends;\nif the entity’s registration application is refused, but the entity applies for a review of the refusal—\nthe day the notice of the reviewer’s decision is given to the entity; or\nif the operation of the reviewer’s decision is stayed—the day the stay ends;\nif the entity’s registration is cancelled under section 160 (1) (a) of the Act —the day the cancellation takes effect;\nif the entity’s registration is cancelled under section 163 (1) (a) of the Act —the day the cancellation takes effect;\nfor an entity that is a relevant entity—30 June 2019;\nfor any other entity—31 December 2018.\nIn this section—\nentity’s registration application means an application for registration made by the entity, under this Act or a corresponding law.\nineligible entity means an entity whose registration under the pre-amended Act was cancelled under section 157 (1) of the Act .\npre-amended Act means the Act as in force immediately before 1 January 2014.\nreviewer’s decision means the decision of the entity that, under this Act or a corresponding law, reviews a decision to refuse an entity’s registration application.\ns 38 amd 2017 SL No. 85 s 4\n(sec.38-ssec.1) This section prescribes an entity as being eligible to receive funding to provide— a particular social housing service in this jurisdiction; or any social housing service in this jurisdiction.\n(sec.38-ssec.2) An entity, other than an ineligible entity, is prescribed if, on 31 December 2013, the entity was registered under the Act .\n(sec.38-ssec.3) However, an entity stops being an exempt provider on the earliest of the following— if the entity’s registration application is approved, and the operation of the approval is not stayed—the day the approval takes effect; if the entity’s registration application is approved, but the operation of the approval is stayed—the day the stay ends; if the entity’s registration application is refused, and the entity does not apply for a review of the refusal— the day the refusal takes effect; or if the operation of the refusal is stayed—the day the stay ends; if the entity’s registration application is refused, but the entity applies for a review of the refusal— the day the notice of the reviewer’s decision is given to the entity; or if the operation of the reviewer’s decision is stayed—the day the stay ends; if the entity’s registration is cancelled under section 160 (1) (a) of the Act —the day the cancellation takes effect; if the entity’s registration is cancelled under section 163 (1) (a) of the Act —the day the cancellation takes effect; for an entity that is a relevant entity—30 June 2019; for any other entity—31 December 2018.\n(sec.38-ssec.4) In this section— entity’s registration application means an application for registration made by the entity, under this Act or a corresponding law. ineligible entity means an entity whose registration under the pre-amended Act was cancelled under section 157 (1) of the Act . pre-amended Act means the Act as in force immediately before 1 January 2014. reviewer’s decision means the decision of the entity that, under this Act or a corresponding law, reviews a decision to refuse an entity’s registration application.\n- (a) a particular social housing service in this jurisdiction; or\n- (b) any social housing service in this jurisdiction.\n- (a) if the entity’s registration application is approved, and the operation of the approval is not stayed—the day the approval takes effect;\n- (b) if the entity’s registration application is approved, but the operation of the approval is stayed—the day the stay ends;\n- (c) if the entity’s registration application is refused, and the entity does not apply for a review of the refusal— (i) the day the refusal takes effect; or (ii) if the operation of the refusal is stayed—the day the stay ends;\n- (i) the day the refusal takes effect; or\n- (ii) if the operation of the refusal is stayed—the day the stay ends;\n- (d) if the entity’s registration application is refused, but the entity applies for a review of the refusal— (i) the day the notice of the reviewer’s decision is given to the entity; or (ii) if the operation of the reviewer’s decision is stayed—the day the stay ends;\n- (i) the day the notice of the reviewer’s decision is given to the entity; or\n- (ii) if the operation of the reviewer’s decision is stayed—the day the stay ends;\n- (e) if the entity’s registration is cancelled under section 160 (1) (a) of the Act —the day the cancellation takes effect;\n- (f) if the entity’s registration is cancelled under section 163 (1) (a) of the Act —the day the cancellation takes effect;\n- (g) for an entity that is a relevant entity—30 June 2019;\n- (h) for any other entity—31 December 2018.\n- (i) the day the refusal takes effect; or\n- (ii) if the operation of the refusal is stayed—the day the stay ends;\n- (i) the day the notice of the reviewer’s decision is given to the entity; or\n- (ii) if the operation of the reviewer’s decision is stayed—the day the stay ends;","sortOrder":66},{"sectionNumber":"sec.38A","sectionType":"section","heading":"Additional exempt providers— Act , sch 4 , definition exempt provider","content":"### sec.38A Additional exempt providers— Act , sch 4 , definition exempt provider\n\nThis section applies in addition to section 38 .\nA BTR provider and an HIF provider are each prescribed as being eligible to receive funding to provide—\na particular social housing service in this jurisdiction; or\nany social housing service in this jurisdiction.\ns 38A ins 2023 SL No. 179 s 8\n(sec.38A-ssec.1) This section applies in addition to section 38 .\n(sec.38A-ssec.2) A BTR provider and an HIF provider are each prescribed as being eligible to receive funding to provide— a particular social housing service in this jurisdiction; or any social housing service in this jurisdiction.\n- (a) a particular social housing service in this jurisdiction; or\n- (b) any social housing service in this jurisdiction.","sortOrder":67},{"sectionNumber":"pt.6","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":68},{"sectionNumber":"sec.39","sectionType":"section","heading":"Pt 6, div 5 of repealed regulation continues","content":"### sec.39 Pt 6, div 5 of repealed regulation continues\n\nPart 6 , division 5 of the Housing Regulation 2003 continues in effect despite the repeal of that regulation.","sortOrder":69},{"sectionNumber":"sec.40","sectionType":"section","heading":"References to repealed regulation in funding agreements","content":"### sec.40 References to repealed regulation in funding agreements\n\nThis section applies to a funding agreement if the funding agreement was in force just before this section commences.\nIf the context permits—\na reference in the funding agreement to the repealed regulation is taken to be a reference to this regulation; and\na reference in the funding agreement to a previous allocation policy is taken to be a reference to the Allocations Policy for Funded Social Housing Providers under section 14; and\na reference in the funding agreement to a previous asset management plan is taken to be a reference to an asset management plan under section 12; and\na reference in the funding agreement to a previous eligibility policy is taken to be a reference to either—\nthe Social Housing Eligibility Criteria under section 14; or\nan eligibility policy under section 16; and\na reference in the funding agreement to a previous rent policy is taken to be a reference to a rent policy under section 17.\nIn this section—\nprevious allocation policy means an allocation policy under section 27 of the repealed regulation.\nprevious asset management plan means an asset management plan under section 12 of the repealed regulation.\nprevious eligibility policy means an eligibility policy under section 26 of the repealed regulation.\nprevious rent policy means a rent policy under section 34 of the repealed regulation.\nrepealed regulation means the repealed Housing Regulation 2003 .\n(sec.40-ssec.1) This section applies to a funding agreement if the funding agreement was in force just before this section commences.\n(sec.40-ssec.2) If the context permits— a reference in the funding agreement to the repealed regulation is taken to be a reference to this regulation; and a reference in the funding agreement to a previous allocation policy is taken to be a reference to the Allocations Policy for Funded Social Housing Providers under section 14; and a reference in the funding agreement to a previous asset management plan is taken to be a reference to an asset management plan under section 12; and a reference in the funding agreement to a previous eligibility policy is taken to be a reference to either— the Social Housing Eligibility Criteria under section 14; or an eligibility policy under section 16; and a reference in the funding agreement to a previous rent policy is taken to be a reference to a rent policy under section 17.\n(sec.40-ssec.3) In this section— previous allocation policy means an allocation policy under section 27 of the repealed regulation. previous asset management plan means an asset management plan under section 12 of the repealed regulation. previous eligibility policy means an eligibility policy under section 26 of the repealed regulation. previous rent policy means a rent policy under section 34 of the repealed regulation. repealed regulation means the repealed Housing Regulation 2003 .\n- (a) a reference in the funding agreement to the repealed regulation is taken to be a reference to this regulation; and\n- (b) a reference in the funding agreement to a previous allocation policy is taken to be a reference to the Allocations Policy for Funded Social Housing Providers under section 14; and\n- (c) a reference in the funding agreement to a previous asset management plan is taken to be a reference to an asset management plan under section 12; and\n- (d) a reference in the funding agreement to a previous eligibility policy is taken to be a reference to either— (i) the Social Housing Eligibility Criteria under section 14; or (ii) an eligibility policy under section 16; and\n- (i) the Social Housing Eligibility Criteria under section 14; or\n- (ii) an eligibility policy under section 16; and\n- (e) a reference in the funding agreement to a previous rent policy is taken to be a reference to a rent policy under section 17.\n- (i) the Social Housing Eligibility Criteria under section 14; or\n- (ii) an eligibility policy under section 16; and","sortOrder":70},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Applications and consents","content":"# Applications and consents","sortOrder":71},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Contracts register","content":"# Contracts register","sortOrder":72},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Other fees","content":"# Other fees","sortOrder":73}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2015 regulation appears to have been designed for traditional community housing providers. However, significant amendments in 2023 (SL No. 179) added an entirely new Part 2A creating parallel regulatory frameworks for Build to Rent (BTR) providers and Housing Investment Fund (HIF) providers. These are fundamentally different models—BTR involves private developers receiving rent subsidies, while HIF involves institutional investors and superannuation funds. This represents a substantial expansion from the original scope of regulating community housing organisations to now covering commercial property developers and large-scale institutional investors, effectively turning the regulation into a multi-tiered system for very different types of housing market participants."},"complexity_factors":["Multiple overlapping provider categories with subtly different requirements (traditional funded providers, BTR providers, HIF providers)","Extensive cross-referencing to the Housing Act 2003 and other legislation (Corporations Act, Residential Tenancies and Rooming Accommodation Act 2008, Information Privacy Act 2009, Public Records Act 2002)","Nested conditional logic in sections 8, 9, 28, and 38 with multiple triggering conditions and exceptions","Defined terms scattered throughout the regulation (some in sections, some in a schedule dictionary not fully shown)","Complex transitional provisions in sections 36-40 dealing with historical registration statuses and grandfathering arrangements","Mathematical calculations required for 'accumulated unspent receipts' and 'offset percentage' in section 9","Multiple external documents incorporated by reference (Social Housing Eligibility Criteria, Allocations Policy for Funded Social Housing Providers) that aren't contained in the regulation itself","Mirror provisions between Part 2 (traditional providers) and Part 2A (BTR/HIF providers) creating duplication with minor variations"],"plain_english_summary":"This regulation sets out the rules for organisations that receive government funding to provide housing services in Queensland. It covers three main groups: traditional funded providers (like community housing organisations), Build to Rent (BTR) providers, and Housing Investment Fund (HIF) providers.\n\n**Key things the regulation does:**\n\n**For funded providers generally:**\n- **Financial accountability**: Providers must use funding according to their agreements, return unspent money when required, and get approval before using funded properties as security for loans.\n- **Asset management**: Providers must maintain detailed plans showing how they'll keep properties viable and suitable for tenants.\n- **Privacy and fairness**: Providers must follow Queensland privacy laws and implement fair policies for deciding who gets housing and how much rent they pay.\n- **Reporting**: Providers must give information about their properties and clients to the government when asked.\n\n**Special rules for different provider types:**\n- **Traditional providers** must follow specific government policies for social housing eligibility and allocations.\n- **BTR providers** (developers building rental properties with government subsidies) have lighter requirements focused on rent policies and privacy.\n- **HIF providers** (institutional investors and developers using the Housing Investment Fund) have requirements similar to traditional providers but adapted for larger-scale commercial operations.\n\n**Contracts register:**\nThe regulation also establishes a public register for recording details about land sale contracts (called \"section contracts\"), including who buys the land, when contracts end, and various legal dealings like powers of attorney or court orders.\n\n**Why it matters:**\nThis regulation ensures that organisations receiving public money to provide housing are transparent, accountable, and treat people fairly. It protects tenant rights while making sure government funds are used properly to maintain housing stock and help vulnerable Queenslanders access affordable housing."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation's original 2015 scope focused on standard funded community housing providers (non-profits and registered providers). By 2023, it was significantly expanded via amendment (SL No. 179) to encompass a new class of for-profit and institutional participants — including developers, builders, institutional investors, and superannuation funds — through the Build to Rent pilot project and Housing Investment Fund program. This represents a material broadening from community sector oversight to include commercial and institutional housing investment vehicles, reflecting a policy shift toward attracting private capital into affordable housing delivery."},"complexity_factors":["Multiple distinct provider categories (standard funded providers, BTR providers, HIF providers, exempt providers) each with different obligations","2023 amendments added an entirely new Part 2A mirroring much of Part 2, creating parallel regulatory regimes that must be read together","Financial calculations for 'accumulated unspent receipts' involve multiple defined terms (receipts amount, spent amount, repaid amount, offset percentage) with worked examples","Contracts register provisions involve complex succession law concepts (grants of representation, letters of administration, joint tenancy severance, bankruptcy transmission)","Regulation operates as a subordinate instrument under an unstated parent Act, requiring cross-reference to that Act's definitions and provisions throughout","Transitional provisions carry forward aspects of a repealed 2003 regulation and map old policy references to new equivalents","Interest rate policy provisions require ongoing cross-referencing to major bank rates and gazette notices","Scope of chief executive's discretionary powers (fee waivers, requisitions, corrections, approvals for using property as security) are broad and contextually dependent"],"plain_english_summary":"The Housing Regulation 2015 sets rules for organisations that receive Queensland government funding to deliver social and affordable housing and related services. It governs how funded providers manage and report money, protect tenant privacy, apply eligibility and rent policies, and comply with newer Build-to-Rent and Housing Investment Fund programs. It matters to tenants (fair treatment and privacy), funded providers (financial and compliance duties), and developers/investors participating in government housing programs."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulation expands the set of eligible funded entities and prescribes specific rules for them: it adds BTR and HIF providers as prescribed recipients (secs 19A–19D, 38A), creates parallel obligations tailored to those classes (pt.2A, secs 19F–19P), and confirms that regulatory provisions prevail over inconsistent funding-agreement terms (secs 6, 19E). It also maps references from the repealed Housing Regulation 2003 to the new instrument (sec.40), indicating a deliberate reallocation of regulatory scope and administrative mechanisms."},"complexity_factors":["Multiple provider categories with different rules: funded providers generally (pt.2, sec.5) and separate Build-to-Rent (BTR) and Housing Investment Fund (HIF) providers (pt.2A, secs 19A–19D).","Detailed financial controls and recovery powers, including return of unspent receipts and accumulated receipts with offsets (secs 7–9, 19F).","Chief executive discretion across registration/approval/repayment/inspection: payment notices, written approvals to use property as security, requisitions and corrections to the contracts register (secs 8–10, 19H, 20–26).","Reporting and governance obligations: annual financial statements, asset management plans, eligibility/allocations/rent policies and privacy compliance (secs 11–14, 16–19, 12, 13, 17, 19G–19N).","Statutory precedence over funding agreements for inconsistent terms (secs 6 and 19E), creating potential tension between contracts and regulation.","Cross-references to other laws and instruments (Information Privacy Act, Residential Tenancies Act, the Act, and departmental policies), requiring coordination across legal sources (multiple sections).","Contracts register regime with document forms, lodging requirements, fees and correction powers (secs 20–31, sch.1).","Transitional provisions and mapping from a repealed regulation introducing continuity and interpretive complexity (secs 36, 39–40)."],"plain_english_summary":"This regulation sets out how organisations that receive State funding to deliver housing services must manage money, property and service delivery. It requires use of funds per funding agreements, financial statements, asset-management plans, eligibility/allocations/rent policies, privacy compliance and information reporting, and creates a contracts register. The chief executive can require repayment of unspent receipts, approve use or disposal of funded property, set or waive certain fees, and request documents. It also recognises Build-to-Rent and Housing Investment Fund providers as eligible funded providers."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/housing-regulation-2015","history":"/api/acts/housing-regulation-2015/history","analysis":"/api/acts/housing-regulation-2015/analysis","conflicts":"/api/acts/housing-regulation-2015/conflicts","importantCases":"/api/acts/housing-regulation-2015/important-cases","documents":"/api/acts/housing-regulation-2015/documents"}}